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Labor and Employment Law

Selected Works

2015

Employee rights

File Type

Articles 1 - 6 of 6

Full-Text Articles in Law

Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant Feb 2015

Layers Of Vulnerability In Occupational Health And Safety For Migrant Workers: Case Studies From Canada And The Uk, Eric Tucker, Malcolm Sargeant

Eric M. Tucker

No abstract provided.


Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker Feb 2015

Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker

Eric M. Tucker

The article draws on the rapidly growing field of citizenship studies to map and explore the dynamics of contemporary occupational health and safety (OHS) regulation. Using two key dimensions of OHS regulation (protection and participation), the author constructs four ideal types of worker citizenship (market, public, private industrial, and public industrial citizens). Historically, workers have been written into OHS regulatory regimes in each of these ways. Most recently lawmakers have created a new species of OHS regimes, best described as mandated partial self-regulation. Its distinguishing characteristic is its flexibility, such that worker citizenship can take on any of the forms …


A Response, Fay Faraday, Eric Tucker Feb 2015

A Response, Fay Faraday, Eric Tucker

Eric M. Tucker

Faraday and Tucker respond to criticism about their work Constitutional Labour Rights in Canada: Farm Workers and the Fraser Case (2012).


Farm Worker Exceptionalism: Past, Present, And The Post-Fraser Future, Eric Tucker Feb 2015

Farm Worker Exceptionalism: Past, Present, And The Post-Fraser Future, Eric Tucker

Eric M. Tucker

No abstract provided.


Labor's Many Constitutions (And Capital's Too), Eric Tucker Feb 2015

Labor's Many Constitutions (And Capital's Too), Eric Tucker

Eric M. Tucker

No abstract provided.


The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker Feb 2015

The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker

Eric M. Tucker

This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …