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The G.M. Injunction

by David Doorey June 13, 2008
written by David Doorey June 13, 2008

Here’s yet another story about the G.M. events, this time involving G.M.’s attempt to obtain an injunction to stop the CAW members and supporters from picketing outside the company’s head offices and damages amounting to $1.5 million.  Picketing and peaceful protest is protected by the Charter of Rights and Freedoms, as the Supreme Court confirmed recently in two cases, K-Mart Canada and Pepsi-Cola Canada.  But the Court also made clear that the picketing and protest cannot be done in a manner that amounts to a tort.   I have not seen G.M.’s pleadings (although I am trying to get them), so I don’t know what tort G.M. alleged.  Presumably, though, given the numbers of picketers and G.M.’s allegation that they are preventing G.M. employees from entering the workplace, the claims likely allege nuisance, obstruction, or intimidation. 
Union members cannot physically obstruct or prevent people from entering workplaces.  Watch the news today to see how the Court decides the case.  Usually, if a tort is found (and sometimes even when one is not found!), courts will impose controls on the picketing in terms of the time that cars can be stopped.  What do you think of G.M.’s claim for damages?  The car/truck assembly plants have not been affected, so the damages must relate to the difficulty office workers are having getting to their workstations.  It is relatively rare for courts to order damages against unions, and in Ontario, unions do not even exist as legal persons because of the Rights of Labour Act,  s. 3.2. so they cannot be sued.  G.M. must have named individual union members or leaders personally, but (again) I haven’t seen the pleadings to I’m not sure about that.  I’ll update this post if I can get the pleadings. 

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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My fingers are just too big to play an A chord on the #guitar.

Otherwise I would be a rock star. This is the only thing holding me back.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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Not seen comparable stats for Canada.There are terminations, but also better laws in most Canadian jurisdictions, including

- remedial certification
- interim reinstatement
- card-check/quick votes

“1 in 5 workers in US is fired for organizing a union” https://onlabor.org/labor-law-reform-is-needed-for-unions-to-succeed/

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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This is Canada's federal Minister of Labour.

Bill 377 was a labor bill disguised as a tax law (so Cons could pretend it was federal jurisdiction) that buried unions in red tape & reporting requirements not applicable to any other orgs.

https://www.parl.ca/Content/Bills/411/Private/C-377/C-377_3/C-377_3.PDF

Bill 525 ...

1/2

Seamus O'Regan Jr @SeamusORegan

Bills 377 and 525 were two of the most anti-worker, union-bashing bills this country has ever seen - put forward by the Harper Conservatives.

We scrapped them. We believe in unions. We believe in workers.

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