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The article reviews the book, "Global Unions: Challenging Transnational Capital through Cross-Border Campaigns," edited by Kate Bronfenbrenner.

This paper examines a range of ways in which a right to strike can be derived from the right to freedom of association, focusing on a dis- tinction between a direct and indirect linkage between the two rights. The form of derivation will, in the author's view, determine the appro- priate degree of judicial deference to legislative policy decisions con- cerning the legitimate dimensions of a strike. The link between freedom of association and the right to strike also depends on the particular fea- ture of a strike that is in question. Some of those features are constant (i.e. strikes are always coordinated action, designed to bring pressure to bear), while other features are variable (i.e. whether strikes are con- trolled by a trade union, whether they are required to be part of a formal collective bargaining process, whether strikers are protected from employer retaliation, and whether the strike pursues a political objec- tive). On the basis of these distinctions, the author argues that the con- stant features of strikes - their collective quality and the pressure they exert - can legitimately claim protection as a matter of constitutional or internationally recognized right flowing directly from a qualified right to freedom of association. The variable features of strikes can be shaped by legislatures more freely than can the constant features. Here, the fundamental rights constraint is via an indirect connection to free- dom of association. However it is wrong to treat the indirect connection entirely separately from the direct one. A great deal turns on whethe, in regulating these variable features, the legislature arbitrarily excludes certain employees from an ability to engage in the constant features of all strikes: features which make it, as a directly derivable species of right to freedom of association, a right that all should enjoy. Professor, School of Law and Centre for Human Rights, University of Essex (U.K.). The author wishes to thank Brian Langille and Chris Albertyn for their insightful suggestions. This does not, of course, implicate them in the positions advanced here.

The article reviews the book, "Citizens to Lords: A Social History of Western Political Thought From Antiquity to the Middle Ages," by Ellen Meiksins Wood.

The article reviews the book, "Equity, Diversity and Canadian Labour," edited by Gerald Hunt and David Rayside.

The article reviews the book, "Social Murder and Other Shortcomings of Conservative Economics," by Robert Chernomas and Ian Hudson.

The article reviews the book, "The Crisis of Imprisonment: Protest, Politics, and the Making of the American Penal State, 1776-1941," by Rebecca M. McLennan.

Drawing on two waves of survey data collected from 250 Canadian firms in 2000 and 2004, this study examines union influence on the mix of compensation methods used by employers. As expected, firms with more unionization devoted a larger proportion of total compensation to indirect pay (also known as "employee benefits") than did firms with less unionization, a finding that held in both time periods. However, while more unionized firms devoted a smaller share of compensation to individual performance pay in 2000, this was not true in 2004. Also surprising, more unionized firms did not differ significantly from less unionized firms in their proportions of base pay, group performance pay, or organizational performance pay in either time period. The paper concludes that although unions may still have the power to influence some aspects of the wage bargain (i.e. the compensation mix), this power may be declining.

In April 2005 Wal-Mart Canada closed a store in Jonquière, Quebec, following a successful certification application by the United Food and Commercial Workers and an impasse in collective bargaining. When the union succeeded in having an arbitrator appointed (under the "first contract" provisions of the Quebec Labour Code') to decide on the terms of a collective agreement, Wal- Mart immediately announced that it would close the store. It did so less than two months later, putting 190 employees out of work. The union and the affected workers claimed that the closing violated the Quebec Labour Code because it interfered with freedom of association and discriminated against employees who had exercised rights under the Code. The matter reached the Supreme Court of Canada. On November 27, 2009, that Court decided two cases arising from the Jonquière store closing - the leading case of Plourde and the companion case of Desbiens. In Plourde, where the Court was split 6 to 3, Justice Binnie's majority judgment concluded that the laid-off workers could not obtain relief under s. 15 of the Quebec Labour Code, prohibiting discrimination against workers who exercise rights.

The article reviews the book, "Recrutement et sélection du personnel," by Anne Bourhis.

The article reviews the book, "Child Workers in England, 1780-1820: Parish Apprentices and the Making of the Early Industrial Labour Force," by Katrina Honeyman.

In 1979, in the CUPE case, the Supreme Court of Canada held that a labour relations tribunal's interpretation of its constituent statute should be upheld on judicial review unless that interpretation was "patently unreasonable." By 2008, the Canadian courts were using three standards of review: patent unreasonableness, simple reasonableness, and correctness. In that year, however, in Dunsmuir, the Supreme Court held that the standard of patent unreasonableness was no longer to be used, but only the standards of simple reasonableness and correctness. By our count, during the 29 years between CUPE and Dunsnuir the courts decided 210 applications for judicial review of Ontario Labour Relations Board decisions. This research note sets out the results of our study examining those 210 cases and comparing them with 23 post-Dunsmuir cases in the Ontario courts involving applications for judicial review of the Board's decisions. --Introduction

Labor played a central role in nineteenth-century penitentiaries. It was intended to provide guidance and discipline to prisoners whose behavior was outside of social, moral, and economic norms. This article examines the relationship between medicine and labor in Canadian federal penitentiaries between 1867 and 1900. As penitentiaries grew and expanded throughout the century, increasing numbers of prisoners were unable to participate in penitentiary labor due to illness or disability. In these cases, penitentiary medicine helped form part of an “enlightened” response to nonworking prisoners. It suggests that medical records from this period demonstrate how penitentiaries reconciled nonworking prisoners with the prevailing model of reform constructed around labor. The article looks at two such groups. The first is sick prisoners, including physical and mental ailments. Mental illness was an increasingly vexing problem for penitentiaries in this era as they struggled to form appropriate responses to mentally ill prisoners within the prevailing penitentiary model. The second group is prisoners with disability, including physical and intellectual disability. Although both groups were understood through medical categories, their status as “unproductive” prisoners sometimes played a larger role in determining their experience of confinement. The article looks at the influence of ideas about labor on the delivery of medical services in penitentiaries and the resulting experience of illness. Although prison medicine in Canada expanded and improved throughout this period, the sick and disabled often experienced marginalization and moral condemnation on the basis of their uncertain relationship to penitentiary labor.

The article reviews the book, "Artisans in Early Imperial China," by Anthony J. Barbieri-Low.

The article reviews the book, "New Masters, New Servants: Migration, Development, and Women Workers in China," by Yan Hairong.

The article reviews the book ,"The Sixties: Passion, Politics, and Style," edited by Dimitry Anastakis.

The inclusion of new groups of workers has been an important component of union renewal efforts. Sev- eral unions in Canada have begun to dedicate significant resources to better organize and represent Aboriginal workers. Drawing on interviews with union activists, organizers and representatives from two national public sector unions in Canada, we present an overview of union strategies to engage with Aboriginal peoples. Results suggest that understanding the distinct territorial context of Aboriginal peo- ples’ relationships to work and unions has been necessary to the success of these union strategies. This approach begins by drawing connections between Aboriginal peoples’ present-day relationships to work and their prior occupancy of, and dispossession from, lands and resources. Because of the geographical specificity of how the colonial experience affected Aboriginal peoples’ relationships to work and unions, unions have had to adopt non-normative approaches to their engagements with Aboriginal peoples. In workplaces where settlers were dominant, addressing racism in the workplace and gaining support for initiatives to hire and train Aboriginal workers were important. Alternatively, in Aboriginal workplaces, organizing was a priority. Here questions of union legitimacy have taken precedence and the focus of unions has been on partnership building. Most importantly, however, engagement with Aboriginal peo- ples has brought attention to the colonial practices within unions and helped to foster growing Aboriginal voice within the labour movement.

The article focuses on issues concerning revisionism, which is described by John Manley as an international historiographical tendency. It explains that one problem about the concept of revisionism was the uncertainty of method, argument and genre. It discusses the arguments of Manley about the differences of the communist parties in Canada, Great Britain and the U.S. as well as the possibility to make and break government policy in one particular country in the interests of Socialism. It also examines the impact of failing to adopt evaluative criteria on Comintern historiography.

Plan de l’article : Retour au début -- Distinction entre la partie et le tout -- De la mixité des sources de droit -- Fonctions et réactions des parties et de l’arbitre -- Face à ces différentes situations, que peut faire l’arbitre de grief ? -- En guise de conclusion -- Note biographique -- Notes.

The article reviews the book, "On the Move: The Caribbean Since 1989," by Alejandra Bronfman.