Union has right to be in mall

Year Published:  1990  
Resource Type:  Article
Cx Number:  CX3918

Abstract:  A trade union has the right to try to organize workers in a mall even thought the mall is privately owned, the Supreme Court of Ontario has ruled. The court was ruling on a case involving Cadillac Fairview Corp. and the Retail, Wholesale and Department Store Union. Members of the union were arrested for trying to hand out information flyers to Eaton workers in the Toronto Eaton Centre. The court upheld a ruling by the Ontario Labour Relations Board which gave the union the right to approach workers in public areas of the Eaton Centre. Lawyer Paul Cavalluzzo, who handled the case for the union, said that the decision will make it easier to organize workers in modern settings such as malls or large office buildings. "It is a basic victory for fundamental human rights over property rights -- the court has decided there is no such thing as absolute property rights when they are balanced against the right to join a trade union and have access to labour information."

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