http://www.cbc.ca/canada/saskatchewan/story/2009/06/24/wal-mart.htmlLast Updated: Wednesday, June 24, 2009 | 1:35 PM CT
A Saskatchewan judge has overturned the union certification of a Weyburn Wal-Mart store, saying workers should be allowed to vote on the matter.
It's the latest twist in a battle between the retail giant and the United Food and Commercial Workers union.
The union applied for certification in 2004 after obtaining signed union cards from most of the employees in the proposed bargaining unit. The labour relations board approved certification in 2008.
The law in 2004 was that if more than 50 per cent of employees signed cards, a secret ballot vote wasn't required.
However, after the Saskatchewan Party won the 2007 provincial election, defeating the NDP, the law changed — an employee vote is now mandatory before certification can be considered.
Justice Peter Foley ruled the amended Trade Union Act should have been the basis of the labour board's decision when it ruled on the Wal-Mart case in 2008.
"The UFCW had no vested right to insist on a particular procedure involving membership cards being followed by the board," Foley said in the 11-page decision which was made public Wednesday.
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