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This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had shallower roots and was used less aggressively. At the same time as the use of criminal law to enforce master and servant law was contested, legislatures in the United Kingdom and Ontario enacted protective factory acts limiting the length of the working day. However, these factory acts did not treat employer violations crimes; instead, they were treated as lesser ‘regulatory’ offences for which employers were rarely prosecuted.
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[This book] is a collection of original papers that presents a vision of an invigorated and vibrant labour movement, one that would actively seek the full participation of women and other traditionally excluded groups, and that would willingly incorporate a feminist agenda. This vision challenges union complicity in the gendered segmentation of the labour market; union support for traditionalist ideologies about women's work, breadwinners, and male-headed families; union resistance to broader-based bargaining; and the marginalization of women inside unions. All of the authors share a commitment to workplace militancy and a more democratic union movement, to women's resistance to the devaluation of their work, to their agency in the change-making process. The interconnected web of militancy, democracy, and feminism provides the grounds on which unions can address the challenges of equity and economic restructuring, and on which the re-visioning of the labour movement can take place. The first of the four sections includes case studies of union militancy that highlight the experiences of individual women in three areas of female-dominated work: nursing, banking, and retailing. The second and third sections focus on the two key arenas of struggle where unions and feminism meet: inside unions, where women activists and staff confront the sexism of unions, and in the labour market, where women challenge their employers and their own unions. The fourth section deconstructs the conceptual tools of the discipline of industrial relations and examines its contribution to the continued invisibility of gender. --Publisher's description
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