State Intervention and Assistance in Collective Bargaining: The Canadian Experience, 1943-1954

ILR Review ◽  
1957 ◽  
Vol 10 (4) ◽  
pp. 641
Author(s):  
Robert R. France ◽  
H. A. Logan
1992 ◽  
Vol 47 (3) ◽  
pp. 112-120
Author(s):  
A. Gurtner-Zimmermann

Abstract. Over the last decades, Canada and Switzerland, countries with "small" economies, when compared with their neighbours, have experienced increasing economic Integration with their main trading partners, the United States and the European Community (EC) respectively. Using a political-economic approach, this article analyzes the effects of growmg Integration for management of transboundary, environmental problems in North America. As well, in view of the Canadian experience, possible implications for Switzerland in its future relationship to the EC are addressed. In the past the Canadian-American debate over transboundary environmental problems has centered around questions of territory. Despite increasing economic Integration, the dominant reaction to ecological interdependence has been reliance on national policies. In accordance with the American, economic leadership in the continental System, the kind of political response to transboundary, environmental Problems is mainly dictated by the importance of the problem in the United States. The Great Lakes are an area of mutual concern and, therefore, an example for limited, environmental Cooperation and the adoption of an environmental advanced Position. In the U. S., the political response to acid rain was reactive and delayed, since only certain regions were concerned. Despite Canadian domestic and international efforts during the 1980s, until recently no significant progress has been made in developing effective measures to abate air emissions. The conclusion of the Canada-U. S. Free Trade Agreement (FTA) in 1988 did not change the very nature of the mutual environmental relationship. However, in the corollary to the FTA serious threats to the environment can be identified. Liberalized trade and restrained State Intervention foster the accelerated exploitation of Canada's natural resources and further the harmonization of environmental Standards between the two countries. In view ofthe Canadian experience, the article concludes that for Switzerland an economic agreement with the EC without parallel environmental commitments could have significant, negative consequences.


2014 ◽  
Vol 15 (4) ◽  
pp. 441-452
Author(s):  
H. D. Woods

Summary The Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.


2005 ◽  
Vol 29 (2) ◽  
pp. 447-467
Author(s):  
Pierre Verge

Although built around the same basic principles of exclusive representation of unit employees in favour of the majority union, the legislative systems regulating the collective bargaining process in Quebec and within the American federal jurisdiction present significant differences with respect to both the scope of permissible strike action and the course of a legal strike. A survey of the relevant discrepancies reveals that the legislative framework is more stringent in Quebec. The relative flexibility of the American system tends to work against the employer when one looks at the greater availability of the right to strike that it affords. This is not only the case with respect to so-called economic strikes over collective bargaining issues, but also with respect to different kinds of protest strikes. On the other hand, the American employeur seems to enjoy a relatively freer hand in taking different measures to counteract a strike, for instance, through the use of permanent replacements. A certain internal equilibrium may then be prevalent within each of the compared legal systems. The competitive situation of American and Canadian employers included within the same free trade zone is also dependent upon wider juridical and non juridical factors. As to the more pronounced degree of state intervention with respect to collective bargaining in Canada, its historical roots would tend to preserve it.


1999 ◽  
Vol 41 (3) ◽  
pp. 393-416 ◽  
Author(s):  
Carol Fox

Union democracy was a preoccupation of the federal legislature from the 1920s to the 1970s. It was quiescent as a public policy issue for two decades until revived by the Howard government in 1996. Examination of the statutory provisions for union democracy reveals deficiencies in terms of the benchmarks provided by both liberal pluralist and Marxist models. The traditional rationale for state intervention in union government is found to have been significantly weakened. At the same time, union democracy has been reinstated as a principal object of the statute. A new rationale for intervention is needed, as is a review of current regulation to assess its capacity to facilitate the achievement of tbe statutory objects. In analysing the relationship between regulation for union democracy and for participation in collective bargaining we can identify otber anomalies. These include: different standards for participation in the arbitration spbere (consent awards) from the bargaining sphere ( certified agreements); variation in the degree of regulation of different decisions—high-level regulation for elections and for merger decisions, and low-level regulation of decisions relating to the primary union function of improving wages and conditions; and extension of participa tion rights to non-unionists in the negotiation of union agreements, that is, elevation of an 'employee constituency' at the expense of a 'union-member constituency'. The industrial citizenship paradigm serves to highlight the anomalies and also resonates with the currently espoused value of employee choice. This model could provide a theoretical foundation for a more comistent and principled approach to public policy concerning participation in collective bargaining.


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