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This article provides a brief overview of the development of the Canadian approach to nonunion employee representation. For a century or more, nonunion representation vehicles have been used by workers and employers, without the attention, oversight and statutory regime that characterizes union-management relations. Nonunion representation rarely intersects with the law, and usually does so only when there is a collision between nonunion vehicles and trade unions during union organizing. Otherwise, the law is silent about nonunion representation. In the aftermath of the Supreme Court's contemporary analyses that commenced in 2001 with Dunmore, and moved through B.C. Health, Fraser, MPAO, and Meredith, the status of nonunion representation has not changed; these vehicles remain lawful. But there is considerable uncertainty about future directions. Might nonunion representation vehicles now be protected as collect- ives under the Charter, or will their somewhat sub-rosa nature remain? Should policy-makers and courts respect their maneuverability, or regulate them as inferior to unions? Certainly the Supreme Court has expressed distaste for these vehicles, as in the 2015 MPAO decision, but to what extent will this opprobrium find its way into Canadian law? We are at a crossroads, and if there is a legal challenge involving the status of nonunion collectives, there is no way of pre- dicting the outcome. In this article, the author discusses how an argument might be made that nonunion associations' activities could achieve Charter protection, and raises questions to which there are no clear answers.

Depuis plus d’un siècle, l’évolution de la recherche concernant la santé publique, en général, et les risques du travail, en particulier, est largement dominée par les besoins et stratégies des industriels. Ceux-ci interviennent, non seulement dans le financement des études menées, mais aussi dans leur conception, parvenant à faire subsister le doute là où la mise en danger est manifeste. L’un des principaux points d’appui de cette incertitude indéfiniment reconduite réside dans l’invisibilité des pathologies liées au travail, en particulier les cancers professionnels.S’appuyant sur des enquêtes pluridisciplinaires en sciences sociales et sciences de la vie — qui mettent en question le modèle dominant monocausal de compréhension des liens entre cancer et facteurs de risque — la première partie de cet article démontre comment une interprétation réductrice de la causalité du cancer permet cette incertitude indéfiniment reconduite, inscrite dans le « paradigme du doute », tout en faisant obstacle à la connaissance et à la reconnaissance des cancers professionnels. Deux études de cas dans le secteur minier français illustrent ensuite la remise en cause, toujours possible, de la dangerosité de cancérogènes parfaitement identifiés, et le déni de droits à la reconnaissance en maladie professionnelle des travailleurs atteints, les maintenant dans l’invisibilité. Ainsi, le paradigme du doute, qui domine la santé publique, permet-il aux industriels, mais aussi aux acteurs étatiques — aujourd’hui comme hier — de s’appuyer sur l’incertitude pour envisager favorablement la réouverture de sites miniers dans des régions habitées, sans prise en compte des enjeux sanitaires. L’épidémie de cancer ne cesse de progresser atteignant, en France, une incidence estimée de 385 000 nouveaux cas par an en 2015 (contre 150 000 en 1984). Mais le doute entretenu sur les effets sanitaires de risques industriels, dont les dangers sont pourtant avérés, favorise encore actuellement la poursuite des conditions de production de cancers futurs, en particulier chez les premiers concernés par l’exposition aux cancérogènes, à savoir les travailleurs.

Thiis article reviews the book, "Hell’s History: The USW’s Fight to Prevent Workplace Deaths and Injuries from the 1992 Westray Mine," by Tom Sandborn.

The article reviews the book, "Income Inequality: The Canadian Story," edited by David A. Green, W. Craig Riddell and France St.-Hillaire.

This article discusses beauty contests held by the Communist Party (cp) in British Columbia during World War II. It presents two arguments. First, the article argues that the beauty contests symbolized the Communist Party's viewpoint on the role of women in left movements, and in society in general. Thus, cp beauty pageants possessed a two-sided nature. On one level, cp women appropriated these pageants to present a hybrid version of the beauty contest where women could present leftist views. On the other hand, the pageants show that the cp only held marginally more progressive views on women than the mainstream. Second, the article suggests that Communist women and men had contrasting ideas about what the pageants meant to the party. cp men used women's bodies in pageants in order to promote and raise money for the party; in effect, Communist men saw these pageants as related to women's physical beauty. Communist women, by contrast, did not view the pageants as related to beauty at all. Indeed, these women saw the pageants as simply a way to promote the party's political program of higher wages and better working conditions. The article concludes that leftist men and women had different ideas about what constituted beauty, and that seemingly conservative cultural productions, like beauty pageants, can have radical goals.

The article reviews the book, "Polarity, Patriotism, and Dissent in Great War Canada, 1914–1919," by Brock Millman.

The gig economy describes forms of contingent work arrangements that require digital platforms, representing an evolution in contingent work, both in moving up the educational scale and in increased visibility. It has engaged many workers who are highly educated and might previously have been in traditional employer–employee relationships, and appears to increase their vulnerability to wage theft, independent contractor misclassification, job insecurity, and lack of occupational health protections. As occupational health physicians, our need to develop, evaluate, and implement interventions to address the needs of workers in non-traditional employment relationships is growing.

The Christian Labour Association of Canada (clac) has historically had a relatively small presence in Canada's labour movement. Increasing interest in clac over the last decade is due to its expanded membership, largely in western Canada and Ontario: the union claims to represent 60,000 workers. Further, the tactics used to achieve this growth have been controversial within organized labour. In fact, clac was expelled from central labour bodies for its employer accommodationist strategies. This article expands the understanding of clac beyond a characterization of classic "company" unionism. In this article we find that clac integrates elements of populism into a specific geographic strategy for expansion in ways that complicate analysis. We focus on labour board records of disputes between clac and other unions, a recent case where the union backed employer-friendly legislation in Ontario, and the union's rhetorical devices and propaganda.

The global weakness of collective bargaining and state regulation has spawned growing interest in employment protection though private governance. However, scepticism about the efficacy of unsupervised codes of conduct has triggered debate about external discipline through state regulation. This article seeks to contribute to debates about the processes that shape the nexus between private governance and state regulation.It is based on an empirical study of Australian harvest workers who formally benefit from state regulation of pay and occupational health and safety (OHS). However, industry changes have undercut standards. Product market pressures from supermarkets squeeze growers’ capacity to pay. Also, the labour market is increasingly supplied by vulnerable Asian temporary migrants (including undocumented workers), often supplied to growers by unscrupulous temporary work agencies. While pay and OHS practices vary, many harvest workers are exploited. Nor is private governance (which extends to horticulture through the codes of conduct of supermarkets and peak temporary work agency bodies) effective. All codes draw their standards from minimum legal employment conditions, and all possess loopholes allowing breaches to escape attention and rectification.In 2015, media and political attention fell on the working conditions of temporary migrants in horticulture. Government inquiries found evidence of exploitation, but were divided over solutions. Progressive politicians (influenced by unions) favoured stronger state enforcement powers and temporary work agency licensing. Conservative politicians (influenced by business lobbies) claimed these steps would fail, and favoured the status quo. Political reform therefore stalled.This study illustrates the importance of political processes in shaping the nexus between state regulation and private governance. In this case, a political stalemate leaves both regulation and governance deficient. Lacking protection from either source, harvest workers remain exposed to exploitative employment conditions.

Canada depends on Temporary Foreign Workers (TFWs), also known as migrant workers, to fill labour shortage in agriculture, hospitality, construction, child/senior care, and other low-skilled occupations. Evidence shows that TFWs, especially women live-in caregivers (LC), constitute a vulnerable population. Their health is compromised by the precarious and harsh working and living conditions they encounter. There is a paucity of research on the mental health of LCs, their support systems and access to mental health services.

This paper explores ongoing tensions in the Canadian common law of employment between two key principles: the obligation of a constructively dis- missed employee in some circumstances to remain in the employment where it is reasonable to do so in order to mitigate damages, and the possibility that the employee's decision to advance a legal claim alleging constructive dismissal may, in and of itself be treated as a repudiation of the contract so as to disentitle the employee from damages. As explained by the author, this tension reflects the competing influences on employment law of different theories of contract - the classical, the neoclassical, and the relational - and is further complicated by the friction in the case law between the "elective" and the "automatic" theories of contract termination in employment, i.e. can the agreement be terminated only on the election of the innocent party or does any repudiatory breach auto- matically result in the agreement's termination? As a practical matter, these unresolved conflicts make it difficult to predict the outcome of a particular case, and force employees and their legal counsel to make an unnecessarily convo- luted series of decisions in attempting to determine the appropriate course of action. The author argues that many of these issues would be greatly simplified if the courts embraced relational contract law theory in the constructive dis- missal context. This would enable employees to "stand and sue," that is, obtain a determination of a claim without having to resign and without risking loss of the employment in the event that the claim was ultimately unsuccessful.

Introduction and annotated text of two poems written in 1932 by "Red Malcolm" Bruce that lampoon the Canadian Communist labour leader, Harvey Murphy. Both were in prison at the time serving five-year sentences for sedition under section 98 of the Canadian Criminal Code, which banned "unlawful associations" such as the Communist Party of Canada. Includes brief biographies of Murphy and Bruce.

This article critically assesses the compliance model of employment standards enforcement through a study of monetary employment standards violations in Ontario, Canada. The findings suggest that, in contexts where changes to the organisation of work deepen insecurity for employees, models of enforcement that emphasise compliance over deterrence are unlikely to effectively prevent or remedy employment standards violations.

Thiis article reviews the book, "L’activité en théories. Regards croisés sur le travail,," edited by Marie-Anne Dujarier, Corinne Gaudart, Anne Gillet and Pierre Lénel.

Canada was officially neutral in the Spanish Civil War (1936–1939); yet nearly 1700 Canadians fought for the Spanish Republic. The Communist Party of Canada (cpc) recruited the bulk of the volunteers. While many in the Canadian left supported the Republican cause, others were alarmed by the involvement of communists in the Republican government and the cpc's role in the recruiting. This tension seemed particularly pronounced between English and French Canada. Québec Premier Maurice Duplessis called upon the federal government to bring the recruiting to an end and to eradicate communism in general. Prime Minister Mackenzie King and his Québec lieutenant and Minister of Justice, Ernest Lapointe, introduced a Canadian Foreign Enlistment Act in response. The statute targeted the cpc in its capacity as a recruiting apparatus (versus targeting the volunteers), and had the added benefit of "Canadianizing" and improving on the existing British statute. The Royal Canadian Mounted Police conducted investigations and warrants for arrest were issued, but the war in Spain was over before the arrests were made. Ultimately, no one was prosecuted under the Foreign Enlistment Act and its record in preventing recruiting is dubious.

For governments concerned with enhancing labour market efficiency, employer-sponsored temporary labour migration schemes have become increasingly popular. However, the equity implications of these arrangements, which constrain the mobility of migrant workers, have largely been ignored. This paper assesses the factors affecting the vulnerability of employer-sponsored migrant workers and addresses the question of whether these schemes comply with ethical principles relating to fair treatment. It draws upon migration ethics, political economy and socio-legal perspectives to evaluate visa schemes in Australia, Canada and Sweden. The paper argues that there is an ethically justifiable case for selectively restricting certain rights of migrant workers within clearly defined parameters. However, policies facilitating worker mobility, restricting sponsorship to higher-skilled occupations, promoting enforcement and worker representation, and providing accessible opportunities for permanent residency and citizenship help to ensure that employer-sponsored temporary labour migration schemes comply with ethical principles relating to the fair treatment of workers.

Cet article présente un cas de mobilisation contre les discriminations systémiques envers des travailleuses procurant des services d’assistance aux personnes (en anglais, care-workers), en grande majorité Noires et Haïtiennes, qui occupent des emplois aux normes dégradées dans des agences de placement fournissant du personnel pour un seul organisme parapublic. À l’intersection des mutations en cours dans la gestion de la main-d’oeuvre et de la réorganisation de la prise en charge des services d’assistance aux personnes, ce cas est représentatif de la façon dont se redessinent les frontières de la relation d’emploi. Les travailleuses mobilisées étant syndiquées, il permet aussi d’explorer un éventail d’attitudes syndicales. Une stratégie syndicale prédomine : elle consiste à défendre ou gérer la négociation collective institutionnalisée. Elle est encouragée par un ensemble d’institutions qui produisent des constructions contradictoires des enjeux d’égalité et du problème des discriminations. Si ces arrangements institutionnels ouvrent une brèche aux « innovations » patronales et confortent l’adoption de stratégies syndicales visant à préserver la relation bilatérale d’emploi, cet article soutient que cette stratégie est aussi symptomatique de la vision moniste avec laquelle les syndicats abordent l’effritement du modèle dominant de la relation d’emploi, en le réduisant aux conflits d’intérêts entre employeurs et travailleurs. Or, cet effritement est aussi le résultat des réorganisations mutuelles et réciproques des différentes formes sociales de division du travail entre classes, sexes et races. Mais en ne s’interrogeant pas sur ce qui a fondé le compromis de la société salariale, soit la minoration ou l’exclusion de groupes de populations de la norme d’emploi à temps plein et permanent, les syndicats accordent la priorité à des stratégies qui participent, comme l’illustre le cas choisi, si ce n’est à la création de normes discriminatoires, du moins, à la légitimation de frontières entre ceux qui ont accès à des emplois de qualité et les autres.

In its groundbreaking decision in Dunsmuir, issued in 2008, the Supreme Court of Canada reduced the number of judicial review standards to two - correctness and reasonableness - and directed courts to afford a high degree of deference to administrative decisions dealing with findings of fact, matters of inextricably intertwined law and fact, and exercises of discretion. Nonetheless, since Dunsmuir, there has been growing concern that the courts' intervention in labour board and labour arbitration decisions has increased. This empirical study examines the frequency and outcomes of judicial review applications from decisions of the Ontario Labour Relations Board and Ontario labour arbitra- tors, and concludes that the courts' interference in those decisions has in fact increased in the post-Dunsmuir period as compared to the pre-Dunsmuir period. Based on a total of 249 judicial review decisions for the period from 2003 to 2013, the research results reveal that the number of OLRB decisions quashed on judicial review increased from 7% in the pre-Dunsmuir period to 21% in the post-Dunsmuir period, while the number of labour arbitration awards quashed on review increased from 18% to 30%. In the majority of those decisions, the courts conducted an intrusive analysis of the tribunal's reasoning, reconsidered the weight accorded to evidence, and made their own findings of fact. Furthermore, there is a high degree of inconsistency among courts in the selection of the stan- dard of review applicable to decisions involving an award of damages or the interpretation of "external" legislation or common law doctrines.

This article reviews the book, "Caring for America: Home Health Workers in the Shadow of the Welfare State," by Eileen Boris and Jennifer Klein.

This article argues that misalignment between the realities of work in the new economy and the regulations is having negative health and social implications at all levels of Canadian society. Remedying this requires drastic reshaping of policy approaches, but current laws and employment norms presume the labour market is a static entity. Policymakers should focus on improving how labour market data is collected for producing evidence‐based recommendations, and on re‐evaluating neoclassical economic assumptions underpinning this outdated framework. We argue the expansion of precarious work is reshaping the Canadian economy and society, and provide recommendations for data, policy and administration to address this trend.