JS380 Lecture Notes - Walmart Canada, United Steelworkers, Adams Mine

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During organization, employer often wants to persuade employees not to opt for unionization. In some parts of canada employer has the right to free speech, providing it must not use threats, promises, or undue influence. United steelworkers of america v. walmart canada [1997] olrb. Basically management canvassed organizing employees for questions, but would not answer questions about whether the store would close. Also allowed anti-union employee to speak during mandatory meeting, but would not let pro-union employee speak since customers were arriving. Daily meetins and circulation of mgmt reps sent a message that the company was strongly against the union: employers can"t hide behind open door policies when the effect of this is to intimidate the employees. Must consider the effect of walmart"s open policy in refusing to answer questions as to store closure. failure to answer go around the store. Where employer solicits questions, it must naswer them if you can"t answer questions, don"t solicit them.

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