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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.
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Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that the article co-authors presented during the annual Contract negotiations between Canada and sending states in 2020. The article then explains why these recommendations were not accepted, situating the negotiation process within the structural context that produces migrant workers' vulnerability, on the one hand, and limits the capacity of representatives of sending and receiving states to expand rights and offer stronger protections to migrant farmworkers, on the other hand. We argue that fundamental changes are required to address the vulnerability of migrant agricultural workers. In the absence of structural changes, it is nevertheless important to seek improvements in the regulation of the programme through any means possible, including strengthening the Contract.
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This chapter focuses on the challenge that precarious employment in Canada’s labor force poses to protective labor law and policy, and thus to state policy more generally. Precarious employment is conceptualized as work for remuneration characterized by multiple dimensions of labor market insecurity, such as job uncertainty, low income, lack of control over the labor process, and higher risks of ill health. The chapter shows that these dimensions of insecurity are associated with particular forms of employment including self-employment, part-time forms of self- and paid employment, as well as temporary paid employment. In considering workers’ legal protections, the chapter focuses on three distinct domains: employment standards (ES), collective bargaining, and occupational health and safety (OHS). It demonstrates that precariously employed workers are vulnerable to ES violations, are less likely to benefit from laws that facilitate access to collective bargaining coverage, and tend to experience relatively high rates of injury and benefit less from OHS regulation.
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