A Lavery client wins a federal labour and employment law case

Lavery is pleased about a decision rendered on July 3, 2013 by the Canada Industrial Relations Board (CIRB), which ruled in favour of its client, Shoppers Drug Mart Inc. as well as Pharmaprix franchisees and Canada Post Corporation, by dismissing an application for certification filed by the Canadian Union of Postal Workers. Mr. Guy Lemay, Ms. Josianne L’Heureux and Mr. Guy Lavoie, Labour and Employment Law partners at Lavery, played a key role in this victory.

The Canadian Union of Postal Workers had filed an application for certification for the purpose of representing the employees working in postal outlets located in the retail premises of Pharmaprix franchisees.

The CIRB concluded that the true employer of the employees who were the subject of the application for certification was the franchisee of each Pharmaprix establishment named in the application, and not the Canada Post Corporation since the franchisees met all the requirements of an employer.

The CIRB was also of the view that it lacked the constitutional jurisdiction to rule on the application for certification of the union since although the operations carried out in postal outlets may be considered as forming an integral part of the service offered by Canada Post Corporation, which is under federal jurisdiction, Pharmaprix franchisees remain under provincial jurisdiction since (i) the services offered at postal outlets do not represent a significant part of Pharmaprix franchisees’ activities and (ii) that such services form an integral part of their retail mission.

As the period for appealing is not yet expired, we invite you to follow the evolution of this decision on our website.

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