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Labour's Many Constitutions (And Capital's Too), Eric Tucker
Labour's Many Constitutions (And Capital's Too), Eric Tucker
Eric M. Tucker
In recent years there has been an outpouring of popular and scholarly writing on the constitutionalization of labour rights. In this paper I seek to add to this literature in three ways. First, at a conceptual level I unpack two important dimensions of labour rights, their thickness and their hardness. Second, in order to comprehend the multiplicity of sites at which efforts to entrench labour rights are being made, I map them out on a geographic scale. I observe that as the geographic scale of labour rights expands, they become thinner and softer. Third, I emphasize the need to analyze …
Giving Voice To The Precariously Employed? Mapping And Exploring Channels Of Worker Voice In Occupational Health And Safety Regulation, Eric Tucker
Eric M. Tucker
In most contemporary occupational health and safety (OHS) regimes, great emphasis is placed on amplifying worker voice in regulation through worker health and safety representation in the employers’ OHS management system. Historically, these regimes were designed on the assumption that the workers who would use these mechanisms were full-time workers having secure jobs with their current employers. This is manifestly no longer true, posing a serious challenge to the efficacy of these regimes. After setting out the historical context of worker voice in OHS regulation, this paper begins by mapping out eight channels of worker voice based on the combination …
Voices At Work In North America, Sara Slinn, Eric Tucker
Voices At Work In North America, Sara Slinn, Eric Tucker
Eric M. Tucker
No abstract provided.
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
The Constitutional Right To Bargain Collectively: The Ironies Of Labour History In The Supreme Court Of Canada, Eric Tucker
Eric M. Tucker
In June 2007 the Supreme Court of Canada held that the right to collective bargaining is a constitutionally protected under the Charter of Rights and Freedoms' guarantee of freedom of association. In so doing, they overruled a twenty-year old line of precedent that had rejected that very proposition. The court rested its current position of four grounds, one of which was that Canadian labour history supports the view that collective bargaining had become recognized as a fundamental right prior to the Charter. This article critically reviews the court's labour history and argues that it erroneously asserts that workers enjoyed a …