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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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This paper examines freedom of association in Canada. In particular, it traces why Canada’s constitutional protection of freedom of association has developed only slowly and principally in the union context so far, reaching in a struggling way toward what I call “half a constitutional freedom.” --Introduction
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... Occupational health and safety regulation sits atop these structures of risk creation and distribution and historically has been shaped by the struggles of working people to limit the harm that unbridled capitalism would have otherwise inflicted upon them. The results, which are the subject of this chapter, have varied over time and place, and have secured real improvements for some workers. Given space limitations, the remainder of this chapter focuses on OHS regulation in advanced capitalist countries, with a concentration on the English-speaking world. The next section outlines the broad lines of the historical development of OHS regulation, beginning from the rise of industrial capitalism in the early nineteenth century through to the last decades of the twentieth century and the creation of a new mode of regulation, variously called regulated selfregulation or mandated partial self-regulation. The following section considers various debates over the performance of that regime, including the relation between self-regulation and state enforcement, the practice of state enforcement and the efficacy of worker participation rights. Finally, the last section of the chapter examines emerging OHS challenges to the regulatory regime. --From introduction
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This bibliography was created over several years as an aid to a variety of PHS projects as well as my work at the Glenbow Archives. It aims to include all publications and audiovisual products from the Social Sciences and Humanities. Most government documents are excluded as they are accessible through Library and Archives Canada. --Introduction
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This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more detailed discussion on the development of an FPA regime culminating in model legislation that could be adapted to different Canadian jurisdictions. Guided by principles of accountability, integration, and inclusivity, this proposal is intended to apply to all workers in an employment relationship – including dependent contractors and gig and platform workers. The proposed system is to be structured as a new, stand-alone statute, drawing upon existing institutions administering collective bargaining legislation, incorporating some familiar collective bargaining concepts: good faith bargaining, dues check-off, and unfair labour practice protection. It is intended to preserve existing collective bargaining arrangements by excluding specified sectors with existing high union density or existing sectoral bargaining. However, it is also intended to offer a new, sectoral bargaining option based on industry or occupation sectors, producing FPA “sector agreements” containing minimum standards applying to all employees and employers in the sector. This proposed framework would operate in parallel and in conjunction with the existing enterprise-level collective bargaining system.
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Two conceptions of the right to bargain collectively have influenced its protection in international law. In international labor law, the right historically has been conceived of as one of several workers' rights that protect domestic rights of workers from international competition. In international human rights law, the right is conceived of as a human right that protects a universal feature of what it means to be a human being. This paper examines the status of the right in both fields in light of economic globalization and transnational flexible production. Instead of a weakening of the right at the international level, both fields reveal a trend toward its enhanced protection. Economic globalization and transnational flexible production are also changing the normative relationship between international human rights law and international labor law. They have sparked a third conception of labor rights as international rights - as instruments that possess the potential to vest the international legal order with a measure of normative legitimacy by attending to state and non-state action that international law otherwise authorizes in the name of economic globalization or flexible production. Armed with this new conception, international labor law is realigning its relationship to international human rights law around a shared task of mitigating the distributional consequences of globalization and transnational flexible production - a task in which the right to bargain collectively performs a critical function.
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This essay offers an initial exploration of the Canadian labour movement’s international policies during the early Cold War period, with particular reference to views on Asia where the Cold War had its most devastating effects. --Introduction
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...In this lecture, I shall forge an alternative approach.... My aim is to rethink feminization and this requires critiquing dominant interpretations of feminization that emphasize women’s high labour force participation and employment rates to the exclusion of other labour market trends through an analytical framework attentive to developments on both supply- and demand-sides of the labour market (i.e., production and social reproduction). I will argue that by focusing attention on the movement of women into the labour market, these approaches risk obscuring the gendered rise of precarious employment. This restrictive emphasis welds feminization to a narrow set of trends and glosses over key continuities, such as persisting occupational and industrial2 segregation, and discontinuities, such as the convergence towards precariousness, in the contemporary labour market. --From introduction