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Articles 1 - 30 of 36
Full-Text Articles in Law
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.
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Self-Employed Workers Organize: Law, Policy, And Unions, Cynthia Cranford, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by self-employed workers and create huge impediments for unions attempting to organize them. Through case studies of newspaper carriers, rural route mail couriers, personal care workers, and freelance editors - four groups who have …
Hersees Of Woodstock Ltd. V. Goldstein: A Small Town Case Makes It Big, Eric M. Tucker
Hersees Of Woodstock Ltd. V. Goldstein: A Small Town Case Makes It Big, Eric M. Tucker
Eric M. Tucker
No abstract provided.
Can Worker Voice Strike Back? Law And The Decline And Uncertain Future Of Strikes, Eric Tucker
Can Worker Voice Strike Back? Law And The Decline And Uncertain Future Of Strikes, Eric Tucker
Eric M. Tucker
This paper examines strikes as an expression of worker voice. It begins with a discussion of the connection between voice and strikes. It then documents the sharp decline in strike frequency across the common law world. It looks more closely at strike rates in Canada, where strike rates have declined in both the public and private sectors and at a greater rate than the decline in union density. It then considers the role of law in decline from the perspective that structural factors primarily shape the environment for strikes but that labour law mediates their impact to a degree. It …
The Political Economy Of Administrative Fairness: A Preliminary Enquiry, Eric Tucker
The Political Economy Of Administrative Fairness: A Preliminary Enquiry, Eric Tucker
Eric M. Tucker
No abstract provided.
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Old Lessons For New Governance: Safety Or Profit And The New Conventional Wisdom, Eric Tucker
Eric M. Tucker
New governance theory has a large following in academia and is exerting an influence in numerous spheres of regulatory policy. Yet in the area of occupational health and safety, new governance is hardly new at all. Indeed, it is fair to say that it in many ways what are now labelled new governance concepts were first articulated and applied in the 1972 Robens Report, Safety and Health at Work. This included its critique of command and control legislation and its emphasis on the need to develop better self-regulation. This paper critically examines new governance models in OHS regulation. In the …
Labour Law, Eric M. Tucker
Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker
Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker
Eric M. Tucker
J.S. Woodsworth was a prominent Canadian socialist who was a member of the Canadian Parliament from 1921 to 1942 and a founder of the Co-operative Commonwealth Federation (CCF), the predecessor of the present New Democratic Party (NDP). This paper uses a Gramscian framework to explore his promotion of labour rights in the inter-war years, which I argue was an interregnum, a period when the hegemony of the old order was weakened. In this period, counter-hegemonic projects were launched to challenge the old order but, at the same time, so too were liberal passive revolutionary projects that aimed to restore the …
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 …
All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey
All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey
Eric M. Tucker
No abstract provided.
Constitutional Labour Rights In Canada: Farm Workers And The Fraser Case, Fay Faraday, Judy Fudge, Eric Tucker
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 …
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Eric M. Tucker
While the need to locate employment and labour law in its social context is now widely recognized, there is significant disagreement over the character of that social context, how law is located in it, and the way that law both shapes and is shaped by its social location. The importance of these disputes is not just theoretical because their resolution shapes the way labour law is written and implemented. Nowhere is this truer than in one particular area of labour law, occupational health and safety (OHS) regulation. This chapter argues that from its origins in the nineteenth century, OHS regulation …
Working Disasters: The Politics Of Recognition And Response, Eric Tucker
Working Disasters: The Politics Of Recognition And Response, Eric Tucker
Eric M. Tucker
Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? …
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 …
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 …
And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker
And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker
Eric M. Tucker
No abstract provided.
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Street Railway Strikes, Collective Violence, And The Canadian State, 1886-1914, Eric Tucker
Eric M. Tucker
Street railway strikes in the late nineteenth and early twentieth centuries were often accompanied by high levels of public disorder. The challenge to public authorities, however, was not just in the scale of the disorder but also the disjuncture between the behaviour that a significant portion of the working-class community felt was legitimate in the circumstances and what the law tolerated. Public officials confronted with this dilemma had to negotiate between the disparate zones of community and legal toleration. How much disorder would they tolerate before mobilizing the coercive power of the state to protect the right of the street …
Will The Vicious Circle Of Precariousness Be Unbroken?: The Exclusion Of Ontario Farm Workers From The Occupational Health And Safety Act, Eric Tucker
Eric M. Tucker
No abstract provided.
Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko
Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko
Eric M. Tucker
No abstract provided.
The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker
The Persistence Of Market Regulation Of Occupational Health And Safety: The Stillbirth Of Voluntarism, Eric Tucker
Eric M. Tucker
No abstract provided.
From Condition Of Limited Liability To Exceptional Remedy: The History Of Shareholder And Director Liability For Unpaid Workers' Wages In Canada, Eric Tucker
Eric M. Tucker
This article is part of a larger study of the recurrent dilemmas that arise when protective labor law conflicts with the norms of capitalist legality. In this particular case, shareholder liability for unpaid workers' wages was first enacted in mid-nineteenth century New York State as a condition of providing investors with easy access to the corporate form at a time when there was deep unease about its legitimacy. The Canadian debate was more muted, but prominent reform politicians expressed similar concerns about the corporation, leading them to impose first shareholder and then director liability for unpaid workers' wages. In the …
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.
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Labour Before The Law: The Regulation Of Workers' Collective Action In Canada, 1900-1948, Judy Fudge, Eric Tucker
Eric M. Tucker
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners …
Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker
Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker
Eric M. Tucker
No abstract provided.
Introduction: The Politics Of Recognition And Response, Eric M. Tucker
Introduction: The Politics Of Recognition And Response, Eric M. Tucker
Eric M. Tucker
No abstract provided.
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Work On Trial: Canadian Labour Law Struggles, Judy Fudge, Eric Tucker
Eric M. Tucker
Work on Trial is a collection of studies of eleven major cases and events that have helped to shape the legal landscape of work in Canada. While most of the cases are well-known because of the impact they have had on collective bargaining, individual employment law, or human rights, less is known about the social and political contexts in which the cases arose, the backgrounds and personalities of the judges and the litigants, the legal manoeuvres that were employed, or the ultimate fate of all those who were involved. These studies, written by some of Canada’s leading labour and legal …
Administering Danger In The Workplace: The Law And Politics Of Occupational Health And Safety Regulation In Ontario, 1850-1914, 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 …