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American Take on the Magna-CAW Neutrality Agreement

by David Doorey September 14, 2010
written by David Doorey September 14, 2010

I have discussed the agreement between Magna and the CAW, known as the Framework of Fairnes, several times in the past.  That agreement was novel in Canada.  It granted the CAW exclusive preference in organizing Magna workers by, among other things, granting CAW organizers access to the workplaces to try and persuade Magna workers to sign union cards, requiring Magna management to announce to employees that Magna respects the CAW and is willing to work in good faith with the CAW, granting the CAW voluntary recognition if a majority of workers in a factory sign a union membership card (no government run vote required).  But all of these benefits for the CAW organizers came at a cost:  the union had to accept in the subsequent collective agreement Magna’s basic HR structures and agree never to strike Magna.  Suffice to say, the agreement sparked significant controversy in Canada, especially within the labour movement.
I have written about the legal implications of these agreements under Canadian labour law (see this brief commentary) and in this longer piece, I contrasted how American law deals with similar issues raised by neutrality agreements.  American labor law scholar Martin Malin, from Chicago-Kent College of Law has just published an article that examines the Magna-CAW deal as it would be dealt with under American law.  Here is the paper, available for free download.
Interestingly for me, Professor Malin quotes a Guest Blog from Doorey’s Workplace Law Blog written by a former CAW staff rep, Herman Rosenfeld, who was very critical of the Magna deal.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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Looks great!

I took an international labor law course at LSE/Kings College taught by Keith Ewing, Brian Bercusson, Aileen McColgan, and Paul Davies.

Incredible course. And so important.

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Excited to teach my new #internationallaborlaw course critically considering how labor rights are designed & enforced. The class balances decolonial theory w/ practical experiences. My syllabus (with names redacted) below. 1/

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Remembering time I spoke at @SteelworkersCA conference. I joined International President Leo Gerard on an elevated platform stage.

Back leg of chair was off back of stage. Sat down and fell backyards off stage until Leo caught me, pulled me back up, muttering “fucking lawyers”

United Steelworkers #EverybodysUnion@SteelworkersCA

International President Tom Conway takes the stage for his keynote address 🔥🔥🔥 - a big welcome to the five thousand Steelworkers, together for the first time since the pandemic! #EverybodysUnion #1u 2

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Yes I’m sure they would like to repeal human rights legislation but enact a new Freedom Protection Act that protects ‘rights’ they want, like anti-vaxer rights.

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@TheLawofWork Given that the Ford Government has stymied the HRTO for years, I don't think this crowd will see any joy through that avenue.

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