Overview

Work on Trial 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 Second World War period, and on to the struggles of women workers in the late 20th 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.

Full Product Details

Author:   Judy Fudge ,  Eric Tucker
Publisher:   Irwin Law Inc
Imprint:   Irwin Law Inc
Dimensions:   Width: 15.70cm , Height: 4.10cm , Length: 23.10cm
Weight:   0.820kg
ISBN:  

9781552211670

ISBN 10:   1552211673
Pages:   277
Publication Date:   25 October 2010
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Out of stock  
The supplier is temporarily out of stock of this item. It will be ordered for you on backorder and shipped when it becomes available.

Table of Contents

Foreword - The Osgoode Society for Legal History Preface - Harry Arthurs Introduction - Work on Trial: Canadian Labour Law StrugglesJudy Fudge and Eric Tucker Part One: Constitutions and Institutions “Capitalist ‘Justice’ as Peddled by the ‘Noble Lords’”: Toronto Electric Commissioners v. Snider et al. R Blake Brown and Jennifer Llewellyn John East Iron Works v. Saskatchewan Labour Relations Board: A Test for the Infant Administrative State Beth Bilson Part Two: Responsible Unions: Security, Orderly Production, and Dissent How Justice Rand Devised His Famous Formula William Kaplan Dissent, Democracy, and Discipline: The Case of Kuzych v. White et al. Mark Leier Organizing Offshore: Labour Relations, Industrial Pluralism, and Order in the Newfoundland and Labrador Oil Industry, 1997–2006 Sean T Cadigan Part Three: Courts and Collective Action in the Post-War Regime The Royal York Hotel Case: The “Right” to Strike — And Not Be Fired for Striking Malcolm E Davidson Hersees of Woodstock Ltd. v. Goldstein: How a Small Town Case Made it Big Eric Tucker A Certain Malaise: Harrison v. Carswell, Shopping Centre Picketing, and the Limits of the Post-war Settlement Philip Girard and Jim Phillips Part Four: Human Rights Norms at Work Debating Maternity Rights: Pacific Western Airlines and Flight Attendants’ Struggle to “Fly Pregnant” in the 1970sJoan Sangster Challenging Norms and Creating Precedents: The Tale of a Woman Firefighter in the Forests of British Columbia Judy Fudge and Hester Lessard Part Five: Changing Common Law Norms The Micropolitics of Wallace v. United Grain Growers Ltd.Daphne G Taras Afterword: Looking Back Harry Glasbeek

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Author Information

Judy Fudge is the Lansdowne Chair in Law at the University of Victoria. She has been widely published in law, history, and industrial relations journals, and she has co-authored and co-edited several books. Eric Tucker, B.A., LL.B., LL.M. is a professor at Osgoode Hall Law School, York University. He has published extensively on the history and current state of labour and employment law.

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