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Articles 151 - 169 of 169
Full-Text Articles in Labor and Employment Law
Book Review: Work And Health, Eric Tucker
Book Review: Work And Health, Eric Tucker
Articles & Book Chapters
No abstract provided.
Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday
Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday
Osgoode Hall Law Journal
This paper examines the value of liberal rights in launching a political movement against sexual harassment, while reassessing their limitations for changing the practice of harassment. For rights to benefit women, decision makers must mean the same thing women do when speaking of sexual harassment. The paper analyzes how dominant ideology misshapes the delivery of rights against sexual harassment, normalizes male aggression, and reconstructs the struggle into one not about power but about taste, free speech, and a conflict between abstract rights. The paper examines how other rights discourses can empower women to combat harassment in a proactive way.
Australian Compulsory Arbitration: Will It Survive Into The Twenty-First Century?, Richard Mitchell, Richard Naughton
Australian Compulsory Arbitration: Will It Survive Into The Twenty-First Century?, Richard Mitchell, Richard Naughton
Osgoode Hall Law Journal
Over the past decade Australia has struggled to come to grips with the decline of its traditional economic and industrial structures, and the need to accommodate itself to the international context. Since 1900 Australia has had an industrial relations system highly regulated by law. Economic and political pressures are challenging the continuing relevance of this system, and particularly its ability to adapt to the need for an "enterprise-based" industrial relations culture. This article examines the type of industrial relations system erected under compulsory arbitration in Australia, its impact upon various aspects of the labour market, and the incremental nature of …
Agenda For Canadian Labour Law Reform: A Little Liberal Law, Much More Democratic Socialist Politics, Harry J. Glasbeek
Agenda For Canadian Labour Law Reform: A Little Liberal Law, Much More Democratic Socialist Politics, Harry J. Glasbeek
Osgoode Hall Law Journal
Statutory collective bargaining has been the linchpin of Canadian industrial relations since World War I. It yielded benefits to large segments of workers, although its reach and impact were always exaggerated. As the economic entente which underpinned the scheme is unravelling, workers fight desperately to hang onto a system which, in retrospect, looks even better than it did before. But the narrow, male-centred, economic premises of collective bargaining make statutory collective bargaining reform a poor vehicle with which to offset employer attacks on the working classes. An agenda which seeks to link the economic and the political, men and women, …
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Spacing Out: Towards A Critical Geography Of Law, Nicholas K. Blomley, Joel C. Bakan
Osgoode Hall Law Journal
The authors analyze the interconnections between space, law, and power and forge links between critical studies in law and geography. Analytical categories of space-for example, the divide between public and private space, or the concept of national citizenship-are all politically constructed. The authors analyze Canadian and American concepts of federalism and their impact on regulating worker safety. A common judicial mapping of work, local space, and state regulation determines whether local officials have enforcement authority in contexts where national worker safety regulations apply. Through this analysis, the authors illustrate the potential for future studies in critical legal geography.
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Administrative And Criminal Penalties In The Enforcement Of Occupational Health And Safety Legislation, R. M. Brown
Osgoode Hall Law Journal
The sanction for occupational health and safety offences in Ontario is a regulatory prosecution in provincial criminal court. In contrast, regulatory officials assess administrative penalties in British Columbia and the United States. A larger proportion of offenders are punished under these administrative processes than in the Ontario criminal justice system, and the average administrative penalty generally is higher than the average criminal fine. In addition, a system of administrative penalties is better able to identify employers who warrant punishment because regulators apply the civil standard of proof, attach great weight to a firm's compliance history, and do not reserve penalties …
Book Review: Law And The Shaping Of The American Labor Movement, Eric Tucker
Book Review: Law And The Shaping Of The American Labor Movement, Eric Tucker
Articles & Book Chapters
No abstract provided.
A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek
A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek
Articles & Book Chapters
No abstract provided.
Labouring Outside The Charter, David M. Beatty
Labouring Outside The Charter, David M. Beatty
Osgoode Hall Law Journal
In this essay, Professor Beatty reviews the leading Charter cases decided by the Supreme Court of Canada which consider the constitutionality of a variety of different labour laws. In reasoning and result, he finds that by and large these cases provide strong support for those legal scholars who are generally sceptical of the law and critical of the courts and who predicted that, even with the Charter, it was unlikely the Court would change the antipathy judges have historically displayed to the interests of workers and their associations. However, while these legal theorists may draw some comfort from these decisions …
Book Review: Back To Work?: Labour, State And Industrial Relations In Canada, Eric Tucker
Book Review: Back To Work?: Labour, State And Industrial Relations In Canada, Eric Tucker
Articles & Book Chapters
No abstract provided.
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
Articles & Book Chapters
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”. …
Contempt For Workers, Harry J. Glasbeek
Contempt For Workers, Harry J. Glasbeek
Osgoode Hall Law Journal
Charter proponents have been hopeful that the courts will use the constitutional entrenchment of rights to enlarge the political freedom of Canadians. Charter opponents have been doubtful of the court's ability to do so and, more importantly, of their willingness to do so where the enhancement of rights would undermine existing power relations. While many cases which come before the courts do not raise this issue squarely, the contradictory propositions are tested where capital labour conflicts are the subject of litigation. The argument is that it is the courts' historic mission to safeguard capital from working class challenges. Two recent …
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
The Law Of Worker Ownership, Christopher S. Axworthy, David Perry
Osgoode Hall Law Journal
This article discusses Canadian, U.K., U.S., French, and Swedish models of worker ownership and the legal principles which apply to them. Based on the evidence that, in contrast to other traditional forms of workplace organization, worker participation in ownership and management gives rise to greater efficiency and productivity, lower employee absentee rates, greater job satisfaction, reduced need for managerial supervision, the lowest cost per job created and a democratic workplace, the article argues for comprehensive legislation to address the relevant issues surrounding worker ownership, so that worker co-operatives and other forms of worker ownership can reach their full potential in …
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
The New Fordism In Canada: Capital's Offensive, Labour's Opportunity, Daniel Drache, Harry J. Glasbeek
Osgoode Hall Law Journal
The breakdown in the links of mass production and mass consumption poses problems throughout the advanced industrial world. In each nation-state the ensuing struggles will take different forms. In postwar Canada, the link between mass consumption and mass production did not lead to the same kind of trade union participation in decision-making as it did in much of Europe. Workers were unable to establish embedded rights of worker participation. What was known as the fordist model in Europe did not have deep roots in Canada. Canadian workers are now being attacked by employers whose bargaining powers were never seriously blunted, …
Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty
Shop Talk: Conversations About The Constitutionality Of Our Labor Law, David M. Beatty
Osgoode Hall Law Journal
In this essay Professor Beatty joins the debate as to how, if at all, the Charter of Rights and Freedoms and the process of judicial review can be integrated with our tradition of democratic rule and the sovereignty of the popular will. Rather than deal directly with the arguments of those who are critical of the entrenchment of a written bill of rights, Professor Beatty endeavors to cast the Charter and the new role of the judges in the best possible light. Analogizing the process of constitutional review to "conversations of justification" (using examples drawn from the labour law field), …
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs
Articles & Book Chapters
This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.
Book Review: Assault On The Worker: Occupational Health And Safety In Canada By Charles E. Reasons, Lois L. Ross And Craig Paterson, Eric M Tucker
Book Review: Assault On The Worker: Occupational Health And Safety In Canada By Charles E. Reasons, Lois L. Ross And Craig Paterson, Eric M Tucker
Articles & Book Chapters
No abstract provided.
The Remedial Authority Of The Labour Arbitrator: Revised Judicial Version, Paul C. Weiler
The Remedial Authority Of The Labour Arbitrator: Revised Judicial Version, Paul C. Weiler
Articles & Book Chapters
A crucial problem is surfacing in contemporary labour arbitration in Canada. The crisis is occasioned by the almost exponential growth in judicial review of arbitration decisions in recent years. One finds a recurring theme in many of the cases in which the courts actually quash the decisions of arbitration boards. These cases required the exercise of remedial powers by the boards. Once an arbitrator sees a violation of one of the terms and obligations of the collective agreement he must decide what, if anything, to do about it. In recent years our judges, especially those from Ontario, have tended to …
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Articles & Book Chapters
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.