Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Labor laws and legislation (6)
- Industrial safety--Law and legislation (5)
- Employee rights (4)
- Employers' liability (4)
- Labour law (3)
-
- Occupational health and safety (3)
- Employment (2)
- Industrial hygiene--Law and legislation (2)
- Precarious employment (2)
- Regulation (2)
- Strikes and lockouts (2)
- Voice (Philosophy) (2)
- Administrative procedure (1)
- Canada (1)
- Collective bargaining--Law and legislation (1)
- Constitutional law (1)
- Constitutionalization (1)
- Corporate governance--Law and legislation (1)
- Decline (1)
- Director liability (1)
- Governance (1)
- Health (1)
- Immigration (1)
- Judicial review of administrative acts (1)
- Labor Law (1)
- Labour (1)
- Labour Movement (1)
- Labour history (1)
- Labour rights (1)
- Migrant labor (1)
Articles 1 - 18 of 18
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.
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
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 …
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 …
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.
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.
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 …
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Layers Of Vulnerability In Occupational Health And Saftey For Migrant Workers: Case Studies From Canada And The United Kingdom, Malcolm Sargeant, Eric Tucker
Eric M. Tucker
In many high-income countries, like Canada and the United Kingdom, there has recently been a significant increase in the number of migrant workers entering and participating in their labour markets. This article is concerned with the implications of this phenomenon for protective labour laws and, in particular, for occupational health and safety regulation. We identify a framework for assessing the OHS vulnerabilities of migrant workers, using a layered approach which assists in identifying the risk factors. Using this layer of vulnerability framework, we compare the situation of at-risk migrant workers in Canada and the United Kingdom.
Accountability And Reform In The Aftermath Of The Westray Mine Explosion, Eric M. Tucker
Accountability And Reform In The Aftermath Of The Westray Mine Explosion, Eric M. Tucker
Eric M. Tucker
No abstract provided.
Employment Standards Legislation, Eric M. Tucker