Cases, Materials and Commentary

Labour and Employment Law Cases, Materials and Commentary

compiled by a group of teachers of Labour and Employment Law known as

The Labour Law Casebook Group

Interim Sixth Edition, 1997

VOLUME 2

IRC PRESS

Industrial Relations Centre Queen’s University at Kingston

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B38A LASKIN LAW LIBRARY

DEC 8 1997 FACULTY OF LAW

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UNIVERSITY OF TORONTO

Labour and Employment Law Cases, Materials and Commentary

compiled by a group of teachers of Labour and Employment Law known as

The Labour Law Casebook Group

Interim Sixth Edition, 1997

IRC PRESS

Industrial Relations Centre

Queen’s University at Kingston

Digitized by the Internet Archive in 2018 with funding from

University of Toronto

https://archive.org/details/labouremployment02labo

Contents

1 Introduction.1

1:100 Three Legal Regimes.1

1:200 Work and Employment .2

Pahl, ‘Editor’s Introduction: Historical Aspects of Work, Employment,

Unemployment and the Sexual Division of Labour’ .2

Beatty, ‘Labour Is Not a Commodity’ .3

Beneria, ‘Conceptualizing the Labour Force: The Underestimation of

Women’s Economic Activities’.6

1:300 The History of Labour Law.7

1:310 The Common Law Contract of Employment.7

Fox, History and Heritage: The Social Origins of the British Industrial Relations System ... .7

1:320 Collective Bargaining .10

1:321 The Emergence of Collective Bargaining. 10

Arthurs et al.. Labour Law and Industrial Relations in Canada.10

Arthurs, ‘Labour Law Without the State?’ .15

1:330 Is Quebec Labour and Employment Law Distinct? .17

Bich, ‘Labour Arbitration in Quebec’.17

1:400 Values and Assumptions .18

1:410 Introduction.18

Leff, ‘Economic Analysis of Law: Some Realism About Nominalism’.18

1:420 The Market Model.20

Alchian & Allen, University Economics .20

Willbom, ‘Individual Employment Rights and the Standard Economic Objection:

Theory and Empiricism’ .21

Weiler, Governing the Workplace.29

Solow, The Labor Market as a Social Institution .37

Thurow, Generating Inequality.44

Hyman, ‘A Critical View of Industrial Democracy Schemes’.46

1:430 Normative Defenses and Critiques.47

Friedman, Capitalism and Freedom.48

Rawls, A Theory of Justice .49

Scanlon, ‘Liberty, Contract and Contribution’ .50

Macpherson, ‘Elegant Tombstones: A Note on Friedman’s Freedom’.51

Weber, ‘Freedom and Coercion’ .52

Braverman, Labour and Monopoly Capital .54

Nozick, Anarchy, State and Utopia .55

Brudner, ‘Ethical Perspectives on Health Hazards’.57

Posner, Economic Analysis of Law .60

Beatty, ‘Ideology, Politics and Unionism’ .60

Weiler, ‘Promises to Keep: Securing Workers’ Rights to Self-Organization

Under the NLRA’ .65

Weiler, Reconcilable Differences: New Directions in Canadian Labour Law .67

to

to

Beatty, ‘Ideology, Politics and Unionism’ .67

Panitch & Swartz, The Assault on Trade Union Freedoms: From Consent to Coercion .69

Nagel, ‘Libertarianism Without Foundations’.70

Langille, ’General Reflections on the Relationship of Trade and Labor

(Or: Fair Trade Is Fair Trade’s Destiny)’.71

The Contract of Employment.76

TOO Introduction.76

Kahn-Freund, ‘A Note on Status and Contract in British Labour Law’.76

Fox, Beyond Contract: Work, Power and Trust Relations.77

Bartlam v. Saskatchewan Crop Insurance Corp.79

2:200 Employee Status .83

Kahn-Freund, ‘Servants and Independent Contractors’.84

2:300 Incorporation of Personnel Manuals.87

Ellison v. Burnaby Hospital Society.87

2:400 Unconscionability .89

Nardocchio v. Canadian Imperial Bank of Commerce .89

2:500 Implied Terms.92

Greenberg v. Meffert.94

Christie v. York Corp.97

Seneca College of Applied Arts and Technology v. Bhadauria.98

2:600 Wrongful Dismissal.100

2:610 Reasonable Notice.100

Cronk v. Canadian General Insurance Co.101

2:620 Constructive Dismissal .110

Hill v. Peter Gorman Ltd.110

Collins v. Pattison Industries Ltd.Ill

2:630 Summary Dismissal for Cause.116

Stewart v. Intercity Packers Ltd.116

2:640 Procedural Fairness.119

2:650 Remedies.119

2:651 Reinstatement .119

England, ‘Recent Developments m the Law of the Employment Contract:

Continuing Tension Between the Rights Paradigm and the Efficiency Paradigm’.119

2:652 Financial Compensation.121

Vorvis v. Insurance Corporation of British Columbia.121

3 Introduction to Collective Bargaining Policy.128


Adams, Industrial Relations Under Liberal Democracy: North America

in Comparative Perspective.128

Freeman & Medoff, ‘The Two Faces of Unionism’ .149

Hyman, Marxism and the Sociology of Trade Unionism .162

4 Status Under Collective Bargaining Legislation.172


4:200 Who Is an Employee? .175

National Labor Relations Board v. Hearst Publications Inc.175

4:210 Dependent Contractors .177

Teamsters Union and Adbo Contracting Co.178

4:220 Near Employees .185

4:300 Excluded Employees.185

4:310 Professionals.185

4:320 Public Employees .186

4:330 Agricultural Workers.186

4:340 Employees in Managerial Positions.187

United Steelworkers v. McIntyre Porcupine Mines Limited.187

Society of Telephone Engineers and Managers v. British Columbia Telephone Co.193

Klare, ‘The Bitter and the Sweet: Reflections on the Supreme Court’s

“Yeshiva Decision’” .197

4:350 Confidential Employees.199

Canadian Association of Industrial, Mechanical & Allied Workers v. Transair Ltd.199

4:400 Qualified Trade Unions .199

4:410 The Union as an Organization.199

United Electrical Workers v. Tridon Limited .200

4:420 Restrictions on Membership .202

London Association of Painting and Decorating Journeymen v. Gaymer and Oultram.203

Civil Service Association of Ontario National v. Oakville Trafalgar Memorial

Hospital Association and Ontario Labour Relations Board .203

4:430 Employer Influence.206

Staff Association of the Children’s Aid Society of Metropolitan Toronto v.

Children’s Aid Society of Metropolitan Toronto .207

4:500 The Struggle Between Boards and Courts over the Interpretation of

Labour Relations Acts.209

5 The Right to Join a Union..211 5:100 A Historical Note.211

Hanson, ‘Estevan 1931’.211


Under the NLRA’.214

5:200 Proving an Illicit Motive .216

Barrie Typographical Union and The Barrie Examiner.217

5:300 Non-Motive Unfair Labour Practices.220

Canadian Paperworkers Union v. International Wallcoverings .221

5:400 Alteration of Working Conditions .229

Simpsons Limited and Canadian Union of Brewery Workers.229

National Labor Relations Board v. Exchange Parts Co.232

5:500 Employer Speech.232

American Airlines Inc. v. Brotherhood of Railway Employees.233

5:600 Solicitation on Employer Property.240

Cominco Ltd. and C.A.I.M.A.W. and United Steelworkers.240

5:700 Union Unfair Labour Practices .246

U.A.W. and Canadian Fabricated Products Ltd. and Federal Union .246

5:800 Remedies for Interference with the Right to Organize .246

National Bank of Canada and Retail Clerks’ International Union.247

National Bank of Canada v. Retail Clerks’ International Union .249

Burlington Golf & Country Club and Canadian Union of Operating Engineers .252

R. v. K-Mart Canada Ltd.253

5:900 The Professional Responsibility of Lawyers.255

Law Society of Upper Canada v. Rovet.255

6 The Acquisition and Termination of Bargaining Rights.259

6:100 The Wagner Act Model and the Principle of Exclusivity .259

Adams, ‘Union Certification as an Instrument of Labor Policy:

A Comparative Perspective’ .259

Jacoby, ‘Social Dimensions of Global Economic Integration’ .261

6:110 The Appropriate Bargaining Unit.262

6:111 Bargaining Unit Determination: General Principles.262

6:112 Bargaining Unit Definition.264

6:113 Bargaining Unit Determination and the Organizing Drive .265

Lennon, ‘Organizing the Unorganized: Unionization in the Chartered

Banks of Canada’ .265

Service, Office and Retail Workers’ Union of Canada and Canadian

Imperial Bank of Commerce.267

Syndicat des Employes des Banques Nationales de Rimouski and

National Bank of Canada .272

United Rubber Workers and Michelin Tires (Canada) Ltd.276

Langille, ‘The Michelin Amendment in Context’ .276

6:114 Part-Time and Casual Employees.278

Davis, The OLRB Policy on Bargaining Units for Part-Time Workers: A Critique .279

Canadian Imperial Bank of Commerce (Powell River Branch) and

British Columbia Government Employees’ Union.281

6:120 Determining Employee Support.282


Under the NLRA’ .283

Rose & Chaison, ‘Linking Union Density and Union Effectiveness:

The North American Experience’ .288

6:130 Timeliness and Decertification.289

6:131 Timeliness.289

6:132 Decertification.290

6:133 Related Employers.290

6:134 Successor Employers.291

Canada Post Corporation and C.U.P.W. (Nieman’s Pharmacy).292

6:140 Bargaining Unit Determination—Conclusion.293

Beatty, ‘Industrial Democracy: A Liberal Law of Labour Relations’ .293

Fudge, ‘Fragmentation and Feminization: The Challenge of Equity for

Labour-Relations Policy .294

6:200 Alternatives to the Wagner Act Model.297

6:210 Minority and Occupational Unionism .297

Summers, ‘Unions Without Majority—A Black Hole?’ .297

Hyde, ‘Employee Caucus: A Key Institution in the Emerging

System of Employment Law’ .299

Cobble, ‘Making Postindustrial Unionism Possible’.301

6:220 Broader-Based Bargaining.302

6:221 Broader-Based Bargaining in Quebec .303

Bergeron & Veilleux, ‘The Quebec Collective Agreement Decrees Act:

A Unique Model of Collective Bargaining’.303

6:222 Broader-Based Bargaining in British Columbia.307

Baigent, Ready & Roper, Recommendations for Labour Law Reform:

A Report to the Honourable Moe Sihota, Minister of Labour .307

6:230 International Comparisons.310

Adams, Industrial Relations Under Liberal Democracy: North America

in Comparative Perspective.310

7 Negotiating a Collective Agreement . 315


Chaykowski & Grant, ‘From Traditional to Mutual Gains Bargaining:

The Canadian Experience’ .317

Heckscher, ‘Searching for Mutual Gains in Labor Relations’.318

Lobel, ‘Labor-Management Cooperation: A Critical View’ .319

7:110 Duty to Bargain in Good Faith.321

Cox, ‘The Duty to Bargain in Good Faith’.321

7:111 Procedural Obligations .323

United Electrical Workers v. DeVilbiss (Canada) Ltd.323

Graphic Arts International Union v. Graphic Centre (Ontario) Inc.324

7:112 Disclosure Obligations.325

Canadian Association of Industrial, Mechanical & Allied Workers v.

Noranda Metal Industries Ltd. 326

Langille, ‘Equal Partnership in Canadian Labour Law’ .327

International Woodworkers of America v. Consolidated Bathurst Packaging Ltd.329

7:113 Substantive Obligations.335

United Steelworkers v. Radio Shack .335

Canadian Union of United Brewery, Flour, Cereal, Soft Drink & Distillery

Workers v. Canada Trustco Mortgage Company .342

Langille & Macklem, ‘Beyond Belief: Labour Law’s Duty to Bargain’ .344

Royal Oak Mines Inc. v. Canada (Labour Relations Board).348

7:200 Remedies.350

7:210 Remedies for Violating the Duty to Bargain in Good Faith.350

Royal Oak Mines Inc. v. Canada (Labour Relations Board).351

7:220 First-Contract Arbitration.355

Yarrow Lodge Ltd. v. Hospital Employees’ Union .356

Sexton, ‘First Contract Arbitration: A Canadian Invention’ .357

Yarrow Lodge Ltd. v. Hospital Employees’ Union .360

8 Industrial Conflict.362

8:100 Social Significance and Policy Perspectives.362

8:110 Industrial Pluralism and Industrial Conflict .362

Weiler, Reconcilable Differences: New Directions in Canadian Labour Law .363

8:120 A Constitutional Right to Strike?.368

Reference Re Public Service Employee Relations Act (Alta.) .368

Etherington, ‘An Assessment of Judicial Review of Our Labour Laws Under

the Charter: Of Realists, Romantics and Pragmatists’.380

8:130 Radical Critiques of the Pluralist Approach to Strikes .381

England, ‘Some Observations on Selected Strike Laws’.381

8:200 Legal Prohibition of Strikes and Other Economic Sanctions: The Peace Obligation.384

8:210 Prohibition of Strikes.385

8:211 Definition of‘Strike’ .386

8:212 Actions Constituting a Strike: Common Action or Concerted Activity.386

Communications Workers of Canada and Graham Cable TV/FM .386

British Columbia Terminal Elevator Operators’ Association on Behalf of the

Saskatchewan Wheat Pool v. Grain Workers’ Union .390

8:213 The Strike Prohibition and Sympathetic Action .391

International Longshoremen’s Association v. Maritime Employers’ Association.391

Nelson Crushed Stone and United Cement, Lime & Gypsum Workers.393

8.214 Political Activity and Purposive Restrictions in the Definition of ‘Strike’.395

8.220 Economic Sanctions Available to Employer.397

8.221 Definition of‘Lockout’ .397

Westroc Industries Ltd. and United Cement, Lime & Gypsum Workers .398

8:300 Legal Forums Regulating Industrial Conflict .401

8:310 The Courts.402

8:311 Criminal Jurisdiction.402

8:312 Civil Jurisdiction.403

8:313 Tort Illegalities .403

8:314 The Legal Capacity of Trade Unions to Sue and Be Sued .406

Teamsters v. Therien .407

8:315 Civil Remedies: Damages and Injunctions.411

St. Anne Nackawic Pulp & Paper Co. v. Canadian Paperworkers Union, Local 219.415

8:320 The Role of Labour Relations Boards .421

National Harbours Board and Syndicat national des employes du Port de Montr6al.422

8:330 The Arbitrator's Role in Industrial Conflict .425

8:331 Awards of Damages by Arbitrators .425

Re Oil, Chemical and Atomic Workers and Polymer Corporation.425

8:332 Employer Disciplinary Action Against Strikers .427

Rogers Cable T.V. (British Columbia) Ltd., Vancouver Division and

International Brotherhood of Electrical Workers .428

8:400 The Regulation of Picketing.430

Canex Placer Limited (Endako Mines Division) and Canadian Association

of Industrial, Mechanical & Allied Workers, Local 10.430

8:410 Primary Picketing .434

Harrison v. Carswell .434

8:420 Secondary Picketing .437

Hersees of Woodstock v. Goldstein .437

Arthurs, ‘Labour Law—Secondary Picketing—Per Se Dlegality—Public Policy’.439

8:421 The Borderline Between Primary and Secondary Picketing .441

Consolidated Bathurst Packaging Ltd. and Canadian Paperworkers Union.441

Re O.K. Economy Stores and Retail, Wholesale and Department Store Union.444

8:430 Picketing and the Charter.452

Retail, Wholesale and Department Store Union v. Dolphin Delivery Ltd.452

British Columbia Government Employees’ Union v. British Columbia (A.G.) .460

8:500 Job Rights of Strikers .460

8:510 Employee Status During a Strike.461

R. v. Canadian Pacific Railway Co. (The Royal York Case).461

Canadian Air Line Pilots’ Association and Eastern Provincial Airways Ltd.463

Canadian Association of Smelter and Allied Workers v. Royal Oak Mines Inc.465

8:520 Replacement-Worker Laws .466

Weiler, ‘Striking a New Balance: Freedom of Contract and the

Prospects for Union Representation’.467

Seeking a Balance: Canada Labour Code Part 1 Review .469

8:600 Alternatives to Conflict? .473

8:610 Essential-Services Legislation.474

Grant & Racine, Services essentiels et strategies de negociation dans les services publics . .475

8:620 Interest Arbitration.476

Ponak & Falkenberg, ‘Resolution of Interest Disputes’ .477

O’Grady, Arbitration and Its Ills .479

8:630 Direct Wage Regulation.484

9 The Collective Agreement and Arbitration.485


9:200 Background to Legislative Choice of Arbitration as the Principal Means of

Enforcing the Collective Agreement .485

9:210 General Unenforceability of Collective Agreements at Common Law .485

Young v. Canadian Northern Railway .486

9:220 Development of Canadian Legislation on Grievance Arbitration.487

9:300 Nature and Scope of the Arbitrator’s Role.488


Weiler, ‘The Role of the Labour Arbitrator: Alternative Versions’ .489

9:311 Functions of the Collective Agreement.501

Glasbeek, ‘Voluntarism, Liberalism, and Grievance Arbitration: Holy Grail,

Romance, and Real Life’.501

9:400 Sources of Arbitral Reasoning.504

9:410 Precedent.504

9:420 External Law: Statutes and the Charter .505

Abramsky, ‘Grievance Arbitration, External Law and the Problem of Multiple Forums’ . . .505

9:430 Negotiation History and Past Practice as Aids in the Interpretation

of the Collective Agreement .507

Re Noranda Metal Industries Ltd., Fergus Division v. I.B.E.W.507

9:500 Prevalent Substantive Issues.511

9:510 Management Rights.511

Re United Steelworkers and Russelsteel Ltd.512

Langille, ‘Equal Partnership in Canadian Labour Law’ .515

Re Metropolitan Toronto Board of Commissioners of Police v. Metropolitan

Toronto Police Association .518

Beatty, ‘The Role of the Arbitrator: A Liberal Version’ .519

C.U.P.E., Metropolitan Toronto Civic Employees’ Union, Local 43 v.

Metropolitan Toronto (Municipality of).530

9:520 Promissory Estoppel in Arbitration .539

Canadian National Railway Co. v. Beatty .539

9:530 Discharge and Discipline.544


Adams, Grievance Arbitration of Discharge Cases: A Study of the Concepts of

Industrial Discipline and Their Results.545

Re Cook and Ontario (Ministry of Labour) .547

Re Stelco Inc., Hilton Works v. United Steelworkers .549

9:532 Remedial Authority of the Arbitrator.554

Weiler, ‘The Remedial Authority of the Labour Arbitrator: Revised Judicial Version’ .554

Re Polymer Corp. and O.C.A.W...555

9:533 Substitution of a Penalty .559

Wm. Scott & Company Ltd. and Canadian Food and Allied Workers Union .560

Adams, Grievance Arbitration of Discharge Cases: A Study of the Concepts of

Industrial Discipline and Their Results .565

9:600 Institutional Dimensions: The Relationship Between Arbitration, Courts,

Labour Boards, and Other Employment Law Tribunals.567

9:610 Arbitration and the Courts.567

9:611 Arbitration and the Courts as Alternative Forums of Original Jurisdiction .567

Weber v. Ontario Hydro.567

9:612 Judicial Review of Arbitration.575

Douglas Aircraft Company of Canada v. McConnell .575

Dayco (Canada) Ltd. v. C.A.W..577

9:620 Arbitration and Labour Boards .579

Adell, ‘Overlapping Forums in Collective Agreement Administration’.579

9:630 Arbitration and Other Employment Law Tribunals.580

Abramsky, ‘Grievance Arbitration, External Law and the Problem of Multiple Forums’ . .. .580

9:700 Reforms to the Arbitration Process.584

9:710 Expedited Arbitration.584

Rose, ‘The Emergence of Expedited Arbitration’.584

9:720 Other Proposals for Reform.588

Adell, Adjudication of Workplace Disputes in Ontario: A Report to the

Ontario Law Reform Commission.588

10 The Individual Employee Under the Collective Agreement..590


10:200 The Primacy of the Collective Agreement .591

10:210 Bargaining with Other Unions or Individual Employees.591

10:220 The Eclipsing of the Individual Contract of Employment .592

McGavin Toastmaster Ltd. v. Ainscough .592

10:230 The Preeminence of Grievance Arbitration.596

10:300 The Duty of Fair Representation .596

Steele v. Louisville & Nashville Railroad Co.597

Christian, ‘The Developing Duty of Fair Representation’.598

10:310 The Development of the Duty of Fair Representation in Canada .601

Gendron v. Supply and Services Union of the Public Service Alliance of Canada .601

10:320 The Duty of Fair Representation in the Negotiation of a Collective Agreement .609

Bukvich v. Canadian Union of United Brewery, Flour, Cereal, Soft Drink and

Distillery Workers and Dufferin Aggregates .609

Cyr v. Mine Mill Union.615

10:330 The Duty of Fair Representation in the Administration of a Collective Agreement.616

Rayonier Canada (B.C.) Ltd. and I.W.A.616

Centre hospitalier Regina Ltee v. Quebec (Labour Court) .622

Adell, ‘Collective Agreements and Individual Rights: A Note on the

Duty of Fair Representation’ .625

Knight, ‘Recent Developments in the Duty of Fair Representation: Curtailing

Abuse in British Columbia’ .628

10:340 The Duty of Fair Referral .632

Nauss and Roberts v. Halifax Longshoremen’s Association and

Maritime Employers’ Association.632

10:400 Union Security Clauses.634

10:410 The Religious Objector .635

10:500 The Legal Protection of Union Membership Rights.636

MacNeil, Lynk & Engelman, Trade Union Law in Canada .636

Orchard v. Tunney.637

Cheall v. Association of Professional, Executive, Clerical and Computer Staff.641

MacNeil, Lynk & Engelman, Trade Union Law in Canada.642

Solly v. Communications Workers of Canada.644

10:600 Unions in Civil Society .648

Lavigne v. Ontario Public Service Employees Union.648

11 Statutory Regulation of Employment.652


Reiter, ‘The Control of Contract Power’ .652

12 Employment Standards Legislation .656


Adams, ‘Employment Standards in Ontario: An Industrial Relations System Analysis’ . . . .659

12:200 Coverage of the Legislation.664

12:300 Status Under the Legislation .664

Re Becker Milk Co.665

Re Becker Milk Co.670

12:400 Hours of Work and Overtime.671

Report of the Advisory Group on Working Time and the Distribution of Work.671

Westeel Roscoe Ltd. v. United Steelworkers of America .680

Re Falconbridge Nickel Mines Ltd.682

12:500 Low Pay and the Statutory Minimum Wage.688

Rights and Responsibilities in a Changing Workplace: A Review of Employment

Standards in British Columbia.689

12:600 Dismissal.691

Machtinger v. HOJ Industries Ltd.691

Stevens v. The Globe and Mail .699

12:610 Economic Dismissals.703

Report of the Commission of Inquiry into Redundancies and Lay-offs.703

12:620 Dismissal for Misconduct and Incompetence.705

Re Lemire and Skyline Cablevision Ltd.706

Slaight Communications Inc. v. Davidson .712

13 Equality in Employment.728


13:200 The Concept of Equality .729

Tussman and tenBroek, ‘The Equal Protection of the Laws’ .729

Vlastos, ‘Justice and Equality’.735

Williams, ‘The Idea of Equality’ .737

13:300 Equality and the Legislature.739

13:310 Overview. 739

Canadian Human Rights Act, ss. 2, 3, 7, 8, 10, 15, 16 .740

13:320 Enforcement of Human Rights Legislation.741

13:400 Equality in the Courts .742

13:410 What Is Discrimination? .742

Brooks v. Canada Safeway Ltd.742

Egan v. Canada .749

13:420 Equality in the Constitution and in Human Rights Law .765

Dickason v. University of Alberta .765

13:500 Bona Fide Occupational Qualification or Requirement and Reasonable Accommodation .. .767

Brossard (Town of) v. Quebec (Commission des droits de la personne).767

Large v. Stratford (City of) .776

Central Okanagan School District No. 23 v. Renaud .788

Re Rothmans, Benson & Hedges Inc. and Bakery, Confectionary &

Tobacco Workers’ Union.800

13:600 Harassment .807

Hinds v. Canada (Employment and Immigration Commission) .807

13:700 Pay Equity.813

Saskatchewan (Human Rights Commission) v. Pasqua Hospital .814

13:800 The Future of Equality.817

Kelly, ‘Visible Minorities: A Diverse Group’.818

Canadian National Railway Co. v. Canada (Canadian Human Rights Commission) .821

Context: When Affirmative Action and Seniority Rules Collide: The U.S. Approach .828

14 The New Paradigm .830

14:100 Introduction: The Crisis of Industrial Relations and Labour Law.830

Arthurs, ‘Labour Law Without the State?’ .831

14:200 What Is the ‘New Economy’? .839

World Bank, World Development Report 1995: Workers in an Integrating World .840

United Nations Conference on Trade and Development, World Investment

Report 1994: Transnational Corporations, Employment and the Workplace.840

Report of the Advisory Group on Working Time and the Distribution of Work.850

Seeking a Balance: Canada Labour Code Part I Review.861

14:300 Does It Have to Be This Way?.866

Appelbaum & Batt, The New American Workplace: Transforming

Work Systems in the United States .867

Summers, ‘Worker Dislocation: Who Bears the Burden? A Comparative

Study of Sound Values in Five Countries’ .876

Stallings & Streeck, ‘Capitalism in Conflict? The United States, Europe,

and Japan in the Post-Cold War World’ .892

14:400 Conclusion: Looking Ahead to the New Paradigm.895

Sengenberger, ‘Restructuring at the Global Level: The Role of

International Labour Standards’ .896

Organisation for Economic Co-operation and Development, Trade, Employment

and Labour Standards.900

Stackhouse, ‘Rich North, Poor South Divided over Labour Practices’ .903

Bright, The EU: Understanding the Brussels Process .905

Sapir, ‘Trade Liberalization and the Harmonization of Social Policies: Lessons

from European Integration’.906

Organisation for Economic Co-operation and Development, Trade, Employment

and Labour Standards.913

White, ‘NAFTA Side Deal Changes Nothing for Workers’ .917

Compa, ‘Defending NAFTA's Labor Side Deal’.918

United Nations Conference on Trade and Development, World Investment

Report 1994: Transnational Corporations, Employment and the Workplace.920

14:410 Living with the Consequences.924

Schwag & Smadja, ‘Globalization Backlash Is Serious: Another Perspective’ .924

Kapstein, ‘Workers and the World Economy’.926

14:420 The Social Market: A New Domestic Compromise .927

Fukuyama, Trust: The Social Virtues and the Creation of Prosperity.927

Documents

Cases, Materials and Commentary