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David Doorey on Jacobin: “Collective Bargaining Needs a Fresh Start, in Canada and the United States”

by David Doorey December 16, 2020
written by David Doorey December 16, 2020

Canadian Law of Work Forum editor, Prof. David Doorey, has a new article in Jacobin Magazine that discusses the challenges workers face under the Wagner Model of the collective bargaining in Canada and the United States, and the potential impact of a Joe Biden win on labor law in both countries.

Here is the article.

“As Paul Weiler wrote in 1984: “The prospects for collective bargaining in the Canadian private sector are not particularly rosy, despite the more favorable legal framework.” That’s why clear-sighted thinkers have recognized the need for labor law to move beyond Wagner altogether….”

“The threat that companies will relocate to the United States in search of a weaker regulatory environment is ever present. As one conservative politician in British Columbia argued, when making the case against card-check union certification: “You simply cannot pass labor legislation as an island. Capital can go anywhere in the world; it can go to Whatcom County, for example” — just across the Canadian border in Washington State….”

“Canadian workers will be vulnerable to such pressures as long as their US counterparts are denied basic rights to organize. By the same token, any steps in the right direction south of the border will help Canada’s labor movement, worker advocates, and progressive politicians in resisting a race to the bottom. But tinkering with the Wagner model won’t be enough — after more than eighty years, it’s time for a fresh start….“

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is the Director of the School of HRM at York and Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and on the Advisory Board of the Osgoode Certificate program in Labour Law. He is a Senior Research Associate at Harvard Law School’s Labor and Worklife Program and a member of the International Advisory Committee on Harvard University’s Clean Slate Project, which is re-imaging labor law for the 21st century

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