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Secondary Picketing In Canada: Thoughts For The Pepsi Generation, Henry Dinsdale, Dan Awrey

Cornell Law Faculty Publications

Before the Supreme Court of Canada's decision in Retail, Wholesale and Department Store Union, Local 558 v. Pepsi-Cola, the law on secondary picketing was a murky and often inconsistent area of jurisprudence. Yet the Court's attempt to clarify the issue by declaring the per se legality of secondary picketing may have muddied the waters even more. Specifically, the authors argue, the Court's reliance on the U.S. Supreme Court's Tree Fruits decision and the distinction it draws between general and struck product picketing may have made the law even more difficult to apply.

The authors contend that such a distinction ignores …