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Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality through Unlawful Strikes
Resource type
Author/contributor
- Tucker, Eric (Author)
Title
Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality through Unlawful Strikes
Abstract
North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits, but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic forrebuilding and remobilizing the North American labour movement. While the article’s focus is North America, the discussion of unlawful strikes may also be relevant in other countries that limit
the freedom to strike.
Publication
Comparative Labor Law & Policy Journal
Volume
45
Issue
2
Pages
342-368
Date
2025
Language
English
Citation
Tucker, E. (2025). Labour Against the Law? Contesting the Restrictive Norms of Industrial Legality through Unlawful Strikes. Comparative Labor Law & Policy Journal, 45(2), 342–368. https://doi.org/10.60082/2819-2567.1039
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