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Full-Text Articles in Law

Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker Jul 2014

Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker

Eric M. Tucker

On 29 April 2011, the Supreme Court of Canada released its much-anticipated decision in Attorney General of Ontario v Fraser, which dealt with the scope of constitutional protection of collective bargaining. The case involved a constitutional challenge to an Ontario statute on the grounds that it violated agricultural workers’ freedom of association and right to equality by excluding them from the statutory protection that is available to virtually all other private sector workers and by failing to provide them with alternative legislative support for meaningful and effective collective bargaining rights. Although the Court upheld the constitutionality of the legislation …


Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan Mar 2014

Undermining Or Promoting Democratic Government?: An Economic And Empirical Analysis Of The Two Views Of Public Sector Collective Bargaining In American Law, Kenneth G. Dau-Schmidt, Mohammad Khan

Nevada Law Journal

No abstract provided.


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Mar 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Nevada Law Journal

No abstract provided.


Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon Mar 2014

Public Sector Labor Policy: A Human Rights Approach, Robert Hebdon

Nevada Law Journal

No abstract provided.


Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia Jan 2014

Citizenship At Work: How The Supreme Court Politically Marginalized Public Employees, Ruben J. Garcia

Scholarly Works

Collective bargaining by public sector employees has been the subject of recent heated debates in the state legislatures of Wisconsin, Michigan, Ohio, and Indiana. The right of public sector employees to freedom of association, collective bargaining, and the right to participate in politics are among the “citizenship rights” of public employees. In many states, however, the citizenship rights of public employees are under threat both in state legislatures and in the courts. Paradoxically, the ability of public sector employees to change legislation has been hampered over the years by Supreme Court decisions, making it more difficult to organize politically by …