The Boycott of the Law and the Law of the Boycott: Law, Labour, and Politics in British Columbia

1996 ◽  
Vol 21 (02) ◽  
pp. 313-351 ◽  
Author(s):  
Jonathan Goldberg-Hiller
Keyword(s):  
British Columbia ◽  
Trade Union ◽  
Important Case ◽  
Legal Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Deliberative Politics ◽  
The Law ◽  
Subsequent Modification

This article uses a critical theoryllegal mobilization perspective to study the 1987–92 trade union boycott of the British Columbia labour law. The problems encountered establishing a total boycott–one that would eschew all contact with the state–and the subsequent modification of the parameters of the boycott through a selective reliance on the law offer an important case from which to learn more about the role of law and legal rights in highly regulated organizations and how collectives mobilize the law. The author argues that legal rights are important to unions because of their ability to mediate the complexity of labour relations through a decentralization of authority. At the same time, mobilization of the law for this purpose accentuates localized identities and unequal resources that operate in tension with a boycott ethos, necessitating a deliberative politics to legitimize the law. By exploring the tension between these two forms of mobilization around law–one to reduce complexity, another to legitimize broad collective norms–the author analyzes and draws some conclusions about the reproduction of social unionism in British Columbia.

9. Collective labour law

2019 ◽  
pp. 635-703
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

9. Collective labour law

2019 ◽  
pp. 649-719
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Trade Union ◽  
Trade Unions ◽  
Legal Status ◽  
European Convention ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
Gig Economy ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action, which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The applicability of trade union law to workers in the gig economy is also considered. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The relevance of the European Convention on Human Rights is considered throughout, as are the changes made by the Trade Union Act 2016. The law relating to domestic and European works councils is also considered.

9. Collective Labour Law

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Union Membership ◽  
Trade Unions ◽  
Legal Status ◽  
Legal Rights ◽  
Employment Relations ◽  
Freedom Of Association ◽  
Labour Law ◽  
The Law

This chapter considers the laws that affect trade unions and employment relations at a collective level, with the exception of strikes and other industrial action which are examined in Chapter 10. The chapter begins by considering the legal status of a trade union and the statutory concept of trade union independence. The focus then shifts to the ways in which the law seeks to secure freedom of association, by provisions which protect and support union membership and activities including giving protection against discrimination and providing rights to time off for union duties and activities. The chapter then turns to the concept of recognition of unions for collective bargaining, and the legal rights that come with recognition. It also examines the statutory system for securing recognition. The law relating to domestic and European works councils is also considered.

20. Collective Redundancies

2020 ◽  
pp. 810-840
Author(s):  
David Cabrelli
Keyword(s):  
Trade Union ◽  
Large Scale ◽  
Labour Relations ◽  
The Law

This chapter examines the law on collective dismissals, which involves the large-scale lay-off of labour by an employer. It first considers the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely the provisions of information, consultation and notification. It then turns to the detail of Chapter II of Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.

The Labour Courts and Their Place in the Legal and Labour Relations Systems of Israel

1974 ◽  
Vol 9 (4) ◽  
pp. 558-567 ◽  
Author(s):  
Zvi H. Bar-Niv
Keyword(s):  
Political System ◽  
International Congress ◽  
Labour Law ◽  
Labour Relations ◽  
Legal Development ◽  
Integral Component ◽  
The Law ◽  
Basic Features ◽  
New System

One of the events marking the legal development of this country which has taken place since the first International Congress of Jewish Lawyers and Jurists, is the coming into being of a new system of Courts—the Labour Courts. Israel thus joined the ever increasing number of states having a special judiciary to adjudicate in matters of labour.The Law establishing the Labour Courts came into operation on September 1, 1969, exactly four years ago. This period is too short for a sound evaluation and because of my position, I am to some extent, disqualified from evaluating results and achievements, even in as far as already warranted by experience.Being fully aware of these limitations, in this address I will try to present this new component of the Judiciary of Israel, and to outline the place of the Labour Courts in the Legal and Labour Relations Systems of Israel.Before dealing with the Labour Courts, their composition and jurisdiction, it would, I believe be proper to make some remarks on the labour relations system of Israel, and to comment on some basic features of our labour law. This has to be done, since the Labour Courts, although institutionally and constitutionally part of the Judiciary, are an integral component of the labour relations system, just as the Judiciary as a whole is an integral component of the socio-economic and political system of any state.

16. Wrongful Dismissal

2018 ◽  
Author(s):  
Astra Emir
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Employment Law ◽  
Employment Protection ◽  
Labour Relations ◽  
The Law ◽  
The Right ◽  
Employment Rights ◽  
Wrongful Dismissal

Under the law which existed prior to 1971 an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.

scholarly journals Labour Constitutions and Market Logics

2017 ◽  
Vol 27 (4) ◽  
pp. 512-528 ◽  
Author(s):  
Robert Knegt
Keyword(s):  
Historical Perspective ◽  
Labour Markets ◽  
Labour Law ◽  
Labour Relations ◽  
Economic Perspectives

The article evaluates labour law’s strategies of coping with the pressure put on its project of realizing justice by a hegemony of economic perspectives on labour markets. Its consequences for a methodology of labour law are set out by critically engaging with recent proposals made by Simon Deakin and Ruth Dukes. It is argued that a socio-historical perspective on the role of legal models in actually shaping labour relations can enrich the concept of a ‘labour constitution’.

Canadian Supreme Court: Delgamuukw V. British Columbia

1998 ◽  
Vol 37 (2) ◽  
pp. 261-333
Author(s):  
Catherine Bell
Keyword(s):  
British Columbia ◽  
Legal Reasoning ◽  
Legal Rights ◽  
Aboriginal Rights ◽  
Canadian Law ◽  
Aboriginal Title ◽  
British Colonial ◽  
Potential Impact ◽  
British Colonies

Delgamuukw v. B.C. is a pivotal decision in the evolution of Canadian law on Aboriginal rights.Numerous meetings, round-tables, workshops and conferences have been held to discuss its potential impact on litigation and negotiation.1 Delgamuukw has also served as a vehicle for discussion of more fundamental issues such as the appropriateness of selecting the judicial forum to resolve Aboriginal title claims and the role of legal reasoning in furthering the process of colonization.2 Given the influence of British colonial law on the development of Aboriginal rights jurisprudence in former British colonies and the restrictions placed by evidentiary presumptions originating in English courts, Delgamuukw may also have persuasive precedential value outside of Canada. In particular, the Supreme Court's elaboration of the concept of Aboriginal rights and its discussion of the weight to be given to oral histories may influence other commonwealth courts which face the demanding task of accommodating the rights of colonized peoples within a contemporary political and legal rights regime.3

Labour is the essence of coexistence, and the labour law is the oldest legislation

10.12737/509 ◽  
2013 ◽  
Vol 1 (3) ◽  
pp. 164-174 ◽  
Author(s):  
Виктор Кривой ◽  
Victor Krivoy
Keyword(s):  
Old Testament ◽  
Human Values ◽  
Labour Law ◽  
World Religion ◽  
Social Phenomena ◽  
Labour Relations ◽  
The New Testament ◽  
Working People ◽  
Lev Tolstoy

The article explores the origins of labour and a man on the base of the Old Testament, references to work in the New Testament, and the role of the working people in the transformation of Christianity into a world religion. The autor makes conclusions about the origin of the pre-state labour law, its historical superiority over other branches of law, arising of all contemporary social phenomena (morality, art, family, society, law, state, science, etc.) out of labour relations. Especially stressed the role of Lev Tolstoy in the disclosure of Christian and human values of labour and picking up its status in society.

scholarly journals In Good Faith? An Analysis of the Features and Outcomes of Duty of Fair Representation Cases

2010 ◽  
Vol 65 (1) ◽  
pp. 118-133
Author(s):  
Fiona A. E. McQuarrie
Keyword(s):  
British Columbia ◽  
Good Faith ◽  
Future Research ◽  
Labour Law ◽  
Labour Relations ◽  
Fair Representation

While the union’s duty of fair representation (DFR) toward its members is well established in Canadian labour law, relatively little research has examined Canadian DFR cases or factors that may affect the outcome of DFR complaints. This paper examines 138 DFR cases filed with the British Columbia Labour Relations Board between 2000 and 2006. Only eight of the 138 cases resulted in a decision in favour of the complainant. The most common reasons for DFR complaints were the union’s alleged failure to pursue grievances relating to termination or to pursue grievances relating to job changes. The majority of complainants represented themselves in the process. Future research could expand upon these findings to improve understanding of the duty of fair representation and its application.

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