cases, materials and commentary
TRANSCRIPT
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
i_/aw LIdKAK
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
3:100 Introduction.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
4:100 Introduction.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
Weiler, ‘Promises to Keep: Securing Workers’ Rights to Self-Organization
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
Weiler, ‘Promises to Keep: Securing Workers’ Rights to Self-Organization
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
7:100 Introduction.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
9:100 Introduction.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
9:310 Introduction.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
9:531 Introduction.545
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
10:100 Introduction.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
11:100 Introduction.652
Reiter, ‘The Control of Contract Power’ .652
12 Employment Standards Legislation .656
12:100 Introduction.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
13:100 Introduction.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