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The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker
The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker
Eric M. Tucker
This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made …
Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker
Industry And Humanity Revisited: Everything Old Is New Again: Review Of Paul C. Weiler, Governing The Workplace, Eric Tucker
Eric M. Tucker
The decline of American unionism is now a well-documented phenomenon. Its causes and consequences, however, remain the subject of intense debate. Regardless of one’s view of this development, it clearly poses a challenge to the traditional techniques for the legal regulation of the employment relationship, and especially for state-sponsored collective bargaining which has been the centerpiece of American labour policy since the enactment of the Wagner Act in 1935. It is this crisis in American labour and employment law which Paul C. Weiler seeks to address in his new book, “Governing the Workplace: The Future of Labor and Employment Law”. …
"That Indefinite Area Of Toleration": Criminal Conspiracy And Trade Unions In Ontario, 1837-77, Eric Tucker
"That Indefinite Area Of Toleration": Criminal Conspiracy And Trade Unions In Ontario, 1837-77, Eric Tucker
Eric M. Tucker
During the first three quarters of the nineteenth century, the question of whether trade unions in Ontario were criminal conspiracies under common law was never clearly determined. By examining the development and interaction of the legal and social zones of toleration we can illuminate how law was shaped by and shaped early struggles between workers and employers. The statutory reforms of 1872 clearly defined a narrow zone of legal toleration in which trade unions were accepted as labour market organizations while the means they could to pursue their objectives were restricted. The contours of industrial legality which began to emerge …
Renorming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas?, Eric Tucker
Renorming Labour Law: Can We Escape Labour Law's Recurring Regulatory Dilemmas?, Eric Tucker
Eric M. Tucker
Historically, protective labour law pushed back against capitalist labour markets by facilitating workers’ collective action and setting minimum employment standards based on social norms. Although the possibilities, limits and desirability of such a project were viewed differently in classical, Marxist and pluralist political economy, each perspective understood that the pursuit of protective labour law would produce recurring regulatory dilemmas requiring trade-offs between efficiency, equity and voice and/or between workers’ and employers’ interests. Recently, some scholars have argued that labour law needs to be renormed in ways that are market constituting rather than market constraining, and that this change would avoid …
Making The Workplace 'Safe' In Capitalism: The Enforcement Of Factory Legislation In Nineteenth Century Ontario, Eric Tucker
Making The Workplace 'Safe' In Capitalism: The Enforcement Of Factory Legislation In Nineteenth Century Ontario, Eric Tucker
Eric M. Tucker
The development of industrial capitalism in the second half of the nineteenth century in Ontario brought new and more serious hazards into the workplace and drew women and children into the waged labour force. As a result of working class lobbying and the efforts of middle class reformers, the state empowered itself to regulate health and safety conditions in factories and to protect child and female labour. The implementation of these regulations was left to an inspectorate which was armed with substantial legal powers to enforce the law. These powers were rarely invoked by the inspectors. However, the failure to …
Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker
Worker Participation In Health And Safety Regulation: Lessons From Sweden, Eric Tucker
Eric M. Tucker
The toll capitalist production takes on the lives and health of workers has been, and continues to be one of its least acceptable features. For this reason, the labour movement and political parties seeking labour's support have often made reform of occupational health and safety regulation a major objective. In recent years, for example, the New Democratic Party in Ontario has vociferously criticized the failures of the governments of the day to protect adequately the workers in the province. Their recent electoral success provides a great opportunity to improve the work environment and to strengthen the ability of the labour …
Pluralism Or Fragmentation?: The Twentieth-Century Employment Law Regime In Canada, Judy Fudge, Eric Tucker
Pluralism Or Fragmentation?: The Twentieth-Century Employment Law Regime In Canada, Judy Fudge, Eric Tucker
Eric M. Tucker
In 1947, Bora Laskin, the doyen of Canadian collective bargaining law, remarked that "Labour relations as a matter for legal study... has outgrown any confinement to a section of the law of torts or to a corner of the criminal law. Similarly, and from another standpoint, it has burst the narrow bounds of master and servant." That standpoint was liberal pluralism, which comprises collective bargaining legislation administered by independent labour boards and a system of grievance arbitration to enforce collective agreements. After World War II, it came to dominate our understanding of labour relations law such that, according to Laskin, …
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker
Eric M. Tucker
The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …
Book Review: A Life In Struggle With The Law - Review Of: J. B. Mclachlan: A Biography, By David Frank, Eric Tucker
Book Review: A Life In Struggle With The Law - Review Of: J. B. Mclachlan: A Biography, By David Frank, Eric Tucker
Eric M. Tucker
No abstract provided.
Labour Law, Eric M. Tucker
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Voices At Work In North America: Introduction, Sara Slinn, Eric Tucker
Eric M. Tucker
No abstract provided.
New Approaches To Enforcement And Compliance With Labour Regulatory Standards: The Case Of Ontario, Canada, Leah F. Vosko, Eric Tucker, Mary Gellatly, Mark P. Thomas
New Approaches To Enforcement And Compliance With Labour Regulatory Standards: The Case Of Ontario, Canada, Leah F. Vosko, Eric Tucker, Mary Gellatly, Mark P. Thomas
Eric M. Tucker
This report maps current enforcement and compliance measures and practices in Ontario’s regulation of employment, particularly as they relate to precarious employment. It evaluates the effectiveness of Ontario’s enforcement regimes, focusing on Employment Standards (ES) and Occupational Health and Safety (OHS) legislation, and sets these regimes in the context of those operating in jurisdictions across and outside Canada. Through this process, it identifies and evaluates potential reforms to improve regulatory effectiveness, particularly for workers in precarious jobs. The central argument is that there are fundamental deficiencies in both of these enforcement regimes: each, albeit in different ways, is out of …
The Law Of Employers' Liability In Ontario 1861-1900: The Search For A Theory, Eric Tucker
The Law Of Employers' Liability In Ontario 1861-1900: The Search For A Theory, Eric Tucker
Eric M. Tucker
In examining developments in Ontario's law of employers' liability during the latter half of the nineteenth century, Professor Tucker notes the striking changes - in doctrine, style of reasoning and judicial attitude - toward compensation for injured workers that came about following legislative modification of the common law in this area in 1886. He then discusses a number of theoretical frameworks that might explain the changes in legal response to industrial capitalism in that period, and finds that they do not adequately account for the observed changes. Finally, he develops the outline of a theory of the relative autonomy of …
Employment Standards Legislation, Eric M. Tucker
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
The Supreme Labor Court In Nazi Germany: A Jurisprudential Analysis, Marc Linder
Marc Linder
No abstract provided.