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In the wake of a series of prolabor Supreme Court decisions in Canada, the mantra of “workers' rights as human rights” has gained unprecedented attention in the Canadian labor movement. This article briefly reviews the Canadian labor movement's recent history with the Supreme Court before arguing that elite-driven judicial strategies, advocated by several academics and Canadian unions, threaten, over time, to depoliticize traditional class-based approaches to advancing workers' rights. The argument is premised on the notion that liberal human rights discourse does little to address the inequalities in wealth and power that polarize Canadian society along class lines.
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English/French abstracts of articles in the Spring 2009 issue.
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English/French abstracts of the articles in the Fall 2009 issue.
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The article reviews "Coming to Terms With Nature: Socialist Register 2007," edited by Leo Panitch and Colin Leys. The Register is published annually.
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The article reviews the book, "L’approche systémique de la gestion des ressources humaines: le contrat psychologique des relations d’emploi dans les administrations publiques du xxie siècle," by Louise Lemire and Gaétan Martel.
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The article reviews the book "James P. Cannon and the Origins of the American Revolutionary Left, 1890-1928 (Book)," by Bryan D. Palmer.
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The article reviews the book, "Making a Living: Work and Environment in the United States," by Chad Montrie.
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In the summer of 2008, we set out to hear from Ontario´s growing population of temporary help workers, also known as, temporary service workers. Having already conducted studies of temporary help workers in the United States, we sought to compare the working conditions of temporary workers in Ontario to those of workers south of the border. We visited temporary agencies in Toronto and conducted in-depth interviews with over a dozen temporary help workers. Their circumstances are not unlike those of their U.S. counterparts — they are not adequately rewarded for their vital on-call role in contemporary capitalism and they become "stuck" in this relatively new type of work, unable to find and secure full-time employment.
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A self-professed sceptic, the author argues that the recognition of a Charter right of employees to organize, bargain and strike would not likely improve labour's lot in an era of declining union membership and influence. In his view, it is doubtful whether Charter litigation has made much of a difference in Canada's social, economic and political life, which is largely determined not by the formal, juridical constitution but by what he calls the "real constitution" - the unequal distribution of wealth and power in society. Moreover, constitutionalization of collec- tive bargaining rights would probably undermine labour law's auton- omy and its effectiveness by promoting the design of industrial relations systems by judges rather than experts, with dysfunctional results. A reconceptualization of the constitutional significance of "labour" does in fact hold the potential to bring about far-reaching consequences for our approach to labour markets, employment standards legislation, pen- sion laws, and the collective bargaining regime. Howeve, the author says, Charter litigation has little capacity to realize that potential, given itsfocus on the juridical constitution and disconnectedness from the real constitution.
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The article reviews the book, "The (Un) Making of the Modern Family," by Daniel Dagenais.
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The present study examines the income growth of newly arrived immigrants in Canada using growth curve modeling of longitudinal data. The results from this study indicate that recent immigrants, regardless of visible minority status, face initial earnings disadvantage. However, while immigrants of European origins experience a period of "catch up" early in their Canadian careers, which allows them to overcome this earnings disadvantage, visible minority immigrants do not enjoy such a catch-up. This racial difference in recent immigrants' income growth is found to be caused by the fact that visible minority immigrants receive lower returns to education, work experience and unionization. Furthermore, visible minority recent immigrants face greater penalties for speaking a non-official first language than do their white counterparts.
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As part of a broader assessment of how well the Government of Alberta's labour programming contributes to fair and, to a lesser degree, safe workplaces, this study examines how effectively the government enforces the Employment Standards Code provisions regulating child and adolescent employment. Enforcement strategies appear to emphasize softer forms of regulation and thereby create little disincentive for violations. Preliminary research into the employment levels of children (age 9-11) suggests over 11,000 children are employed, some perhaps illegally, and that further inquiry into their employment experiences is warranted.
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The article reviews the book, "Solidarity First: Canadian Workers and Social Cohesion," edited by Robert O'Brien.
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The opportunity structure facing waged agricultural workers seeking basic statutory employment rights in the Canadian province of Alberta is hostile, reflecting the intertwined political and economic interests of farmers, the provincial government, and agribusiness. This article outlines the contours of the political opportunities and constraints facing labour groups and agricultural workers seeking legislative change. Analysis suggests there is little opportunity at present to alter this legislative exclusion.
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It is fair to say that the first two decades of labour's experience with Charter litigation raised a note of caution concerning its utility as a strategy for labour empowerment. The early refusal of the Supreme Court of Canada, in its widely known "labour trilogy" cases.' to find space within s. 2(d) of the Charter for protection of the right to engage in collective bargaining and the right to strike lett many within the labour movement and the academic community doubtful about labour's prospects in the realm of Charter litigation; such observers suggested that labour must, at a minimum, proceed with caution. There also remained liberal "romantics," who were convinced of the Charter's progressive potential for labour.2 Others associated the proliferation of Charter litigation with the rise of a so- called "Court Party," a complex network of social actors and activists with an increasingly privileged status in Canadian society.'
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Trade unions face a range of challenges in a global world. As trade, production and consumption relations change, unions have begun to consider how they organize and operate. The argument is that for trade unions to effectively challenge key aspects of these global relations, they must take steps to rebuild the way they organize and operate at local levels. The conditions for this step are a reflective and experienced leadership, opportunities for leaders to meet each other, and for activists to develop practices of solidarity, information exchange and union cooperation with each other. To explore these themes we study a proto-typical case of inter-union coalition building. Over the last four years, three remote and local transport unions, in Victoria, Australia have developed the Victorian Group of the International Transport Federation. In doing this, these unions are building on existing forms of organization and in the process, they are reforging their relations with each other so as to have the potential to challenge international employers.
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The article reviews several books including "Guarding the Gates: The Canadian Labour Movement and Immigration, 1872-1934," by David Goutor, "Gatekeepers: Reshaping Immigrant Lives in Cold War Canada," by Franca Iacovetta and "Breaking the Iron Wall: Decommodification and Immigrant Women's Labor in Canada," by Habiba Zaman.
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