Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the general manager of the company informed Therien that the company must terminate his services. Therien suffered a significant loss of business, and sued the union, claiming damages for its wrongful conduct. The union defended on the grounds that, first, it was not a a legal entity and so could not be sued. Second, it had not been guilty of conduct that might constitute a tort. Issues: Is the union a legal entity, i.e., capable of being sued? If yes, then the union cannot be subjected under the tort law. Please state your reasons.
Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the general manager of the company informed Therien that the company must terminate his services. Therien suffered a significant loss of business, and sued the union, claiming damages for its wrongful conduct. The union defended on the grounds that, first, it was not a a legal entity and so could not be sued. Second, it had not been guilty of conduct that might constitute a tort.
Issues: Is the union a legal entity, i.e., capable of being sued? If yes, then the union cannot be subjected under the tort law. Please state your reasons.
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