Tribunal dismisses Charter challenge, finding the AEPA provides a constitutional process for agricultural collective bargaining.
The United Food and Commercial Workers International Union (UFCW) brought a Charter challenge alleging that Sections 2(1) and 5 of the Agricultural Employees Protection Act (AEPA) violated the freedom of association rights of agricultural workers at a medical marijuana facility under Section 2(d) of the Charter.
The Tribunal found that the AEPA provides a meaningful process of collective bargaining, including employee choice, independence, and a duty of good faith.
The Tribunal concluded that the absence of a statutory right to strike or a Wagner Act model of collective bargaining did not render the AEPA unconstitutional.
The Charter challenge was dismissed.
United Food and Commercial Workers International Union v. MedReleaf Corp., 2020 ONAFRAAT 8