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Can soft regulatory approaches and corporate social responsibility ever be substitute methods for pursuing meaningfully across the globe violations of labour standards? Our analysis shows the limits of country, government, and hard-law based international labour regulation, but also the ambiguities and challenges of soft labour regulation. We introduce an updated model of international labour regulation and create a conceptual framework for analyzing labour regulation. We provide some insights into how regulation has developed over the last decades and discuss some of the challenges it faces. Our assessment of the various regulatory regimes is based on the simple premise of whether they can provide a venue for workers' rights violations to be redressed. We aim to provide a broad overview and an attempt at generalizing the findings and "lessons learnt" so far from an international and comparative industrial relations perspective.
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This paper proposes a conceptual model for understanding emerging changes in a North American labour union. UNITE-HERE, largely representing textile and hospitality workers, has been at the forefront of debates on union revitalization in the US and Canada. UNITE-HERE is often characterized as a successful example of North American union renewal, but I argue that this often oversimplifies many complex and contradictory labour strategies. Much of the labour union renewal literature remains prescriptive and is only beginning to escape false binaries such as business versus social unionism, the servicing versus organizing model, or ‘top-down’ versus ‘bottom-up’ administration. In this paper, I attempt to conceptualize the strategies adopted by the union as they exist in relation to the changing political economic landscape. I characterize the current labour practices as ‘Schumpeterian unionism’, a model which captures the shifting, contradictory, and multi-scalar relationships labour has with the broader community, capital and the state. The model is illustrated with a case study of UNITE-HERE Local 75’s response to the 2003 SARS outbreak through their establishment of a Hospitality Workers Resource Centre to service unemployed workers.
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In our editorial introduction to this themed issue on labour geography, we outline some important on-going debates in the relatively young field of labour geography and suggest future directions for research. First, there is the key question of labour as an active agent in the production of economic landscapes. The agency of labour will likely remain a defining feature of labour geography, but perhaps it is not as important to construct theoretical analytical boundaries as it is to define labour geography as a political project. Second, debates continue surrounding the production of scale and the multiscalarity of organized labour. Third, labour geographers have yet to engage in any sustained fashion with unpacking the complex identities of workers and the way in which those identities simultaneously are shaped by and shape the economic and cultural landscape. Fourth, there is some debate on the costs and benefits of a ‘normative’ labour geography which emphasizes what workers and their organizations ‘could’ or even ‘should’ do. Lastly, we challenge the assumption that labour geographers have not yet asserted themselves as activists in their own right. We conclude the editorial by introducing the articles included in the issue. While these articles may not address every gap in the literature, they do contribute in significant ways to move the labour geography project forward.
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The article reviews the book, "Transforming or Reforming Capitalism: Towards a Theory of Community Economic Development," by John Loxley.
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The article reviews the book, "Un débat en analyse du travail : deux méthodes en synergie dans l’étude d’une situation d’enseignement," by Daniel Faïta et Bruno Maggi.
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The article reviews the book, "Tenants in Time: Family Strategies, Land, and Liberalism in Upper Canada, 1799-1871," by Catharine Anne Wilson.
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This paper explores the history of Ontario’s labour laws as they relate to agricultural workers, examines the way these laws have been interpreted by the judiciary, provides an overview of the most recent case affirming the right of agricultural workers to bargain, and analyzes the likely effects of the Court of Appeal’s recent decision. In so doing, it provides commentary on the relationship between the labour movement, human rights and the legal system more generally, and provides specific commentary on this situation as applies to agricultural workers in Ontario.
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Labour rights are increasingly being constructed as human rights. While this construction is gaining popularity, there is still considerable opposition to it. Recently, the debate has made its way to the pages of Just Labour. Building upon a pragmatic approach utilized by feminist legal scholars, the present article seeks to continue this important dialogue and offers an alternative that combines elements of both rights-based pluralism and critical legal scholarship. It contends that the labour movement ought to employ a multi-faceted strategy to protect and promote the rights of working people. Such a strategy recognizes the limitations of rights-discourse, but also recognizes its potential benefits. The paper argues that the labour movement cannot rely solely on rights-discourse to protect its interests but that it should also not be dismissed out of hand. Thus, the construction of labour rights as human rights can be only part of the labour movement's broader fight back strategy.
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The article reviews the book, "Queer Inclusions, Continental Divisions: Public Recognition of Sexual Diversity in Canada and the United States," by David Rayside.
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In most advanced capitalist societies, the feminist challenge to labour unions began well over twenty-five years ago. This essay examines the history of the ambivalent relationship between women and unions and assesses the difference feminism has made in terms of the structure, practices and overall vision of unions' role and goals. Has feminism helped to renew union movements across the capitalist world and moved them at all towards socialism? The answer to this is complex and involves assessing both the different strands of feminist influence and the way these were interwoven with the attack on unions and working people that occurred in the 1980s and 1990s.
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Examines the legal dispute that occurred during the Stelco restructuring that occurred between 2004 and 2006, in which labour law was trumped by corporate law. The union ultimately emerged victorious because it made no concessions despite the series of legal defeats.
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Global Unions, Global Business: Global Union Federations and International Business, by Richard Croucher and Elizabeth Cotton, is reviewed.
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Using a proprietary dataset containing personnel records on over 22,000 full-time, non-unionized employees from a large Canadian firm with nationwide operations from 1996 to 2000, this paper explores the incidence of promotion for women and racial minorities. The findings show that women and racial minorities are less likely than their white male counterparts to be promoted. For both white women and minority women, the disadvantage is most severe at the lower rungs of the organizational hierarchy, lending support to the "sticky floor" hypothesis. Significant promotion disadvantages occur for white women, visible minority women, and visible minority men at the middle ranks of the organization, and visible minority men continue to experience a promotion disadvantage at the highest organizational levels.
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Do low strike rates suggest that the ‘age of strikes’ has come to an end? Have we reached a time when unions can and should give up the right to strike as a weapon more suited to the ‘old’ economy, or ‘old’ unions who are themselves better suited for the industrial than the post-industrial age? Or should unions continue to defend the right to strike and if so why? This research note explores some answers to these questions that underline the critical importance of defending the right to strike. --From introduction
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The article reviews the book, "GRH et genre : les défis de l’égalité hommes-femmes," edited by Annie Cornet, Jacqueline Laufer and Sophia Belghiti-Mahut.
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This paper examines whether flexible work schedules in Canada are created by employers for business reasons or to assist their workers achieve work-life balance. We focus on long workweek, flextime, compressed workweek, variable workweek length and/or variable workweek schedule. Statistics Canada's 2003 Workplace and Employee Survey data linking employee microdata to workplace (i.e.. employer) microdata are used in the analysis. Results show that more than half of the workers covered in this data have at least one of the five specified types of flexible work schedules. Employment status, unionized work, occupation, and sector are factors consistently associated with flexible work schedules. Personal characteristics such as marital status, dependent children, and childcare use are not significantly associated with flexible work schedules, and females are less likely to have a flexible work schedule than are males. Overall, results suggest that flexible work schedules are created for business reasons rather than individual worker interests.
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The article reviews several books including "Against the Law: Labor Protests in China's Rustbelt and Sunbelt," by Ching Kwan Lee, "Creating Market Socialism: How Ordinary People Are Shaping Class and Status in China," by Carolyn L. Hsu and "Revolution, Resistance, and Reform in Village China," by Edward Friedman, Paul G. Pickowicz and Mark Selden.
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[The author] brings to the pages of this journal two closely intertwined debates regarding the meaning of social movement unionism and strategies for rebuilding labour movement power in Canada and the United States. It offers an important overview of this debate and raises critical points about the meaning and place of union democracy. The author provides a pertinent critique of the “organizing unionism” “model” that has emerged in the United States. It also serves as a useful foil for distinguishing greater member participation of the sort called for by the organizing model from greater member control.
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The Quebec labour movement's decision to withdraw its support for Canada's federal system in the 1970s and instead embrace the sovereignist option was unquestionably linked to the intersection of class and nation in Quebec. In this period, unions saw the sovereignist project as part of a larger socialist or social democratic societal project. Because the economic inequalities related to ethnic class, which fuelled the labour movement's support for sovereignty in the 1970s, were no longer as prevalent by the time of Quebec's 1995 referendum, organized labour's continued support for the sovereignist option in the post-referendum period cannot adequately be explained using the traditional lens of class and nation. This paper employs an institutional comparative analysis of Quebec's three largest trade union centrals with a view to demonstrating that organized labour's primary basis for supporting sovereignty has changed considerably over time. While unions have not completely abandoned a class-based approach to the national question, they have tended to downplay class division in favour of an emphasis on Quebec's uniqueness and the importance of preserving the collective francophone identity of the nation. Party–union relations, the changing cultural, political and economic basis of the sovereignist project and the emergence of neoliberalism in Quebec are offered as key explanatory factors for the labour movement's shift in focus.
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The wage gap between Francophone and Anglophone men from 1970 and 2000 fell by 25 percentage points within Quebec, but only by 10 points Canada-wide, largely because the wages of Quebec Anglophones fell by 15 points relative to other Canadian Anglophones. Accordingly, the Canadian measure of the Francophone gap better reflects the changing welfare of Francophones than the Quebec measure. Over half of the reduction in the Canadian Francophone wage gap is explained by rising Francophone education levels. In Quebec, the declining number and relative wages of Anglophone workers is best explained by a falling demand for English-speaking labour. /// L'écart de salaires entre les hommes francophones et anglophones est tombé de 25 points de pourcentage au Québec entre 1970 et 2000, mais seulement de 10 points à l'échelle canadienne, largement parce que les salaires des anglophones au Québec sont tombés de 15 points par rapport aux autres canadiens anglophones. En conséquence, la mesure canadienne de l'écart prend mieux la mesure du changement de bien-être des francophones que la mesure québécoise. Plus de la moitié de la réduction dans l'écart au niveau canadien s'explique par l'accroissement des niveaux d'éducation des francophones. Au Québec, le nombre en déclin des travailleurs anglophones et la chute de leurs salaires relatifs s'expliquent par un déclin dans la demande de travailleurs parlant anglais.
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