Work on Trial: Canadian Labour Law Struggles

Overview

Work on Trail 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 ...

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Overview

Work on Trail 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 historians, provide this context. Beginning with Toronto Electric Commissioners v. Snider, one of the earliest and most important cases involving the division of powers in the Canadian federation, to the events leading to the articulation of the "Rand Formula" in the immediate post-World War II period, and on to the struggles of women workers in the late-twentieth century in challenging the continuing employment practices based on hegemonic gender-based assumptions, each study tells a compelling story, rich in detail and full of perceptive insights into the complex relationship between law and work.

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Product Details

  • ISBN-13: 9781552211670
  • Publisher: Irwin Law
  • Publication date: 10/28/2010
  • Pages: 426
  • Product dimensions: 6.40 (w) x 9.10 (h) x 1.50 (d)

Table of Contents

Foreword vii

Preface Harry Arthurs ix

Acknowledgements xiii

Introduction Judy Fudge Eric Tucker 1

Part 1 Constitutions and Institutions 13

"Capitalist 'Justice' as Peddled by the 'Noble Lords'": Toronto Electric Commissioners v. Snider et al R. Blake Brown Jennifer J. Llewellyn 15

John East Iron Works v. Saskatchewan Labour Relations Board: A Test for the Infant Administrative State Beth Bilson 43

Part 2 Responsible Unions: Security, Orderly Production, and Dissent 75

How Justice Rand Devised His Famous Formula William Kaplan 77

Dissent, Democracy, and Discipline: The Case of Kuzych v. White et al. Mark Leier 111

Organizing Offshore: Labour Relations, Industrial Pluralism, and Order in the Newfoundland and Labrador Oil Industry, 1997-2006 Sean T. Cadigan 143

Part 3 Courts and Collective Action in the Post-War Regime 173

The Royal York Hotel Case: The "Right" to Strike-And Not Be Fired for Striking Malcolm E. Davidson 175

Hersees of Woodstock Ltd. v. Goldstein: How a Small Town Case Made it Big Eric Tucker 217

A Certain "Mallaise": Harrison v. Carswell, Shopping Centre Picketing, and the Limits of the Post-war Settlement Philip Girard Jim Phillips 249

Part 4 Human Rights Norms at Work 281

Debating Maternity Rights: Pacific Western Airlines and Flight Attendants' Struggle to "Fly Pregnant" in the 1970s Joan Sangster 283

Challenging Norms and Creating Precedents: The Tale of a Woman Firefighter in the Forests of British Columbia Judy Fudge Hester Lessard 315

Part 5 Changing Common Law Norms 355

The Micropolitics of Wallace v. United Grain Growers Ltd. Daphne G. Taras 357

Afterword: Looking Back Harry Glasbeek 393

Contributors 411

Index 415

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