Labour and State (54-200-01)


Course Outline
Fall, 2004


Instructor: Dr. Alan Hall
:
Office Hours: Tuesday 10:00-12:00 Thursday 4:00 -5:00, or by appointment

Office: CHS 250 (Labour Studies)
Ph. ext. 3723
hall4@uwindsor.ca


Welcome

Welcome to the Labour Studies course, Labour and State (02-54-200-01). Whether your goal is to achieve a labour studies certificate or degree, or to just learn more about the work and laws relating to work, this second year course will provide you with some valuable insights into the critical role that governments and laws have played in shaping the development of work, employment, and labour unions in Canada. In this course, you will learn about the key historical developments in labour law and state policy, the factors which contributed to these developments, and their impact on workers, labour unions, and working conditions.

Read this course outline carefully as it provides you with all the information that you need in order to successfully complete this course.

Introduction

The histories of labour law and the labour movement in Canada are intertwined in a number of crucial ways. In this course, we explore and seek to understand the connections between the rise of labour unions, the changes in the nature of work, and the development of laws and regulations pertaining to unionization, employment conditions, occupational health and safety. The objective of this course is to understand the role of the state and labour law in shaping industrial relations, labour unions, and working conditions in Canada. We want to understand not only what the state does and doesn’t do, but also attempt to explain why it does what it does. This also means paying close attention to the role that labour (unions and workers) play in shaping state actions and laws. Much of our focus is on the development of the specific type of labour law that governs labour unions and industrial relations between unions and employers, that is, labour relations legislation, but as we move through the main historical developments in labour law to the current context, we will also recognize various other legislative, institutional and policy developments which govern or relate in some way to the workplace and working and employment conditions in important ways - including employment standards legislation, common law and tort based employment law, occupational health and safety law and workers compensation, old age and disability pension legislation, unemployment legislation, the charter, human rights codes, pay and employment equity, immigration law, competitions legislation, and welfare legislation. We will also touch a little on the role of criminal law and acknowledge its relevance historically. We will also recognize that the state influences the labour scene most profoundly through economic and labour market policies - with particular reference to trade laws and policies such the signing of NAFTA and GATT, and WTO trade agreements. As will become evident in our discussion of these relatively recent trade agreements, the approach of the state to the economy and to social and employment issues has changed in important ways, with substantial implications for understanding the development of labour law and the future of labour unions.

Given that this is a labour studies course, we will place considerable emphasis on understanding the impact of the state on labour unions and the labour movement as a whole, and vice versa, but this will also carry with it a continuing concern with the development and transformation of working and employment conditions more generally, and of course, the industrial relations climate in Canada. While the focus is on Canada with particular reference to Ontario, we’ll draw some comparisons at various points with the U.S., Britain, Sweden, and other countries. Although the course has a strong historical emphasis, we begin by looking at the various types of current law relevant to work and labour issues, and provide some initial assessments of the limitations and strengths of current laws. We then go back in time to the earliest developments in law in Canada and begin from there to trace and explain in more sociological and historical terms the major changes and impacts which emerge over time as more specific and increasingly detailed legislation is introduced defining and governing labour unions and industrial relations. We eventually return to the more current time where we devote considerable attention to understanding the implications and origins of recent developments in government policy and law - stressing in particular legislative reforms in the context of globalization and a shift to neoliberalism in government policy. At this point, we ‘ll also draw some comparisons with other countries.

This course is taught from a social and labour justice perspective, which means that it is assumed that workers should have a significant influence over their conditions of work and employment, and that this requires organized collective action and representation. Since Labour unions constitute the main collective vehicle for achieving this kind of influence, our central concern is with understanding how the law and state have shaped and influenced the capacity of unions to achieve improved conditions and circumstances for workers. This perspective does not mean that unions are accepted uncritically. In fact, considerable discussion in this course will emphasize areas where labour union reforms are needed to better to address the needs of workers in the current political economic environment. Nevertheless, this course is based on the premise that workers’ interests are best served through legal and organizational reforms which strengthen labour unions.

Course Purpose:

The major goal of this course is to demonstrate the interconnected nature of state policy and law, the changing nature of work and employment, and the development of labour unions. This means understanding the critical roles that state policy and various labour laws have played in shaping the emergence, development, strengths, weaknesses and characteristics of labour unions, while also recognizing the manner in which labour and business have shaped the law both through direct political action as well as through their struggles and negotiations with each other over the terms of the employment and work relationship. At the end of this course, students will be able to:

1) identify the different types and relevant sections of legislation pertaining to unionization and related employment issues
2) assess the strengths and limitations of current laws with reference to content and application
3) identify and discuss potential areas of reform and their potential impact
4) describe and identify the problems faced by labour unions in organizing and certifying workplaces, in maintaining membership and democratic involvement, in collective bargaining, and to be able to link these problems to specific aspects of current law
5) understand the political, economic, cultural, organizational and ideological factors that influence union effectiveness and political strength
6) identify and explain key historical points in the development of labour law, along with an understanding of their effects on workers and union development.
7) identify and explain the impact of labour law and recent developments such as employment and pay equity on gender and ethnic inequalities in employment


Class Activities

Classes will involve lectures, handouts, films and videotapes and discussion of class readings and assignments. You are expected to actively participate in discussions and in class group work.

In Class Activities will include the following:
1) Brief Lectures to introduce basic concepts
2) Facilitating In class discussion of readings/films/guest speaker/Student Participation
3) Explanations of assignments

Evaluating Student Performance:


1) Four Written Assignments: 5+15+15+15 = 50%

2) Quickwrites: (Short In-Class Quiz on Readings) 5 x 4%= 20% (Best of Seven)

3) Final Exam = 30%

Long and Short answer questions based on all readings and lecture materials

Course Grading Scale

Total marks will be the sum of the grades from the above components of the student evaluation. Final grades will conform to the mark ranges shown below as specified by the University Senate:

A+ 93-100 B+ 77-79.9 C+ 67-69.9 D+ 57-59.9 F 35-49.9
A 86-92.9 B 73-76.9 C 63-66.9 D 53-56.9 F- 0-34.9
A- 80-85.9 B- 70-72.9 C- 60-62.9 D- 50-52.9

Written Assignments:

Assignment 1: Value: 5%

1) Go to the Ontario Ministry of Labour Website.
2) Find the Employment Standards Act
3) List and discuss three areas of protection offered by the Employment Standards Act (e.g. hours of work, vacation, minimum wage). Specify the minimum standard, comment on the adequacy of this protection from the workers’ perspective, and propose an alternative that you think would be more just. If you think the standard is sufficient, explain why from your perspective as a worker.
4) The maximum length of the report should be three double-space pages, 12 font, 1" margins; no references required but if used, but if used, you must cite and reference in bibliography using American Sociological Association (ASA) citation guidelines (available through Leddy Library web site).
5) Due September 21

Potential Library Source You Can Also Consult:

Jon Peirce Employment Legislation. chapter 7 in Canadian Industrial Relations by Jon Peirce, Prentice Hall, 2000 (on reserve).

Assignment 2: Value 15%

Part 1:
1) Go back to the Ontario Ministry of Labour Web Site
2) Obtain a copy of Ontario Labour Relations Act (1995) off the Web Site
3) Identify the sections of the Labour Relations Act relating to either union certification or collective bargaining.
4) Describe in your own words the basic process which workers must engage in to certify collectively, briefly citing the key requirements which workers/unions must meet by law.
5) The maximum length of Part 1 should be three double-spaced pages, 12 font, 1" margins, no references required but if used, you must cite and reference in bibliography using American Sociological Association (ASA) citation guidelines
6) Part 1 Due September 28

Part 2:
7) Based on class discussions and the CAW organizing video, comment on the limitations of the law regarding the protection of the workers’ rights to organize a union.
8) The maximum length of Part 2 should be two double-spaced pages, 12 font, 1" margins, no references required but if used, you must cite and reference in bibliography using American Sociological Association (ASA) citation guidelines
9) Part 2 Due October 7

Potential Library Source You Can Also Consult:
Jon Peirce Labour Relations Legislation chapters 8 and 9 in Canadian Industrial Relations by Jon Peirce, Prentice Hall, 2000 (on reserve).

Assignment 3: Value 15%

1) Using web and library based materials such as journals or books, find data on male/female employment patterns and wages which suggest employment or wage discrimination based on gender.
2) Discuss whether the data supports the need for employment equity and explain your position.
3) When using ideas or quotes from the literature, reference you must cite and reference in bibliography using American Sociological Association (ASA) citation guidelines.
4) The maximum length of the report should be seven double-spaced pages, 12 font, 1" margins; additional references other than textbook or assigned readings are required must be cited and referenced in bibliography.
5) Due October 19


Assignment 4: Value 15%

1) Summarize and discuss evidence indicating that labour unions in Canada have been in decline since the 1980s.
You should include the evidence provided by Panitch and Swartz in your discussion but you must do additional library research to gain supplementary or contesting evidence. Library research should also be aimed at gaining the positions of other labour scholars on the Canadian union situation. Draw in comparative evidence as well using other library and web-based materials (i.e. comparative data changes in union membership and density in Canada, changes in unionized wages and other benefits, changes in strike activity, etc.)
2) Having examined the evidence, draw and explain your own conclusions regarding the current status of unions.
3) When using ideas or quotes from the literature, reference you must cite and reference in bibliography using American Sociological Association (ASA) citation guidelines.
4) The maximum length of the report should be seven double-spaced pages, 12 font, 1" margins; additional references other than textbook or assigned readings are required must be cited and referenced in bibliography.
5) Due November 25

Academic Integrity

You are expected to respect the University’s rules of conduct in the classroom and in completing assignments. Violations such as cheating or plagiarism will not be tolerated. See attached policy on plagiarism. It is also expected that students will treat their fellow students and their instructor with due respect and consideration during all class interactions.

** Please retain copies of all assignments and materials in case of loss or dispute.

*** Please note also that late assignments or papers will require a physician's note verifying that a medical condition or death in the family has prevented your completion of the assignment on time. Students are required to regularly attend class in order to be eligible for class participation marks. Students should notify the instructor in advance of the deadline of any assignments or papers. 2% deduction from the final grade will be made on a per day basis in all other situations.


What you need:

REQUIRED TEXTS and READINGS:

Judy Fudge and Eric Tucker Labour Before the Law Toronto: Oxford University Press, 2001.

Leo Panitch and Donald Swartz The Assault on Trade Union Freedoms 2003

A small number of additional readings will be assigned or recommended which will be available through the web or on reserve in the library.
Specific Readings for each class and assignment are listed (see class schedule below). Students are expected to complete all readings before each class and come prepared to ask and respond to questions regarding the readings.


COURSE SCHEDULE:

Sept. 9: Introductions/Overview of Course Objectives and Requirements/


Sept. 14, 16: Concepts and Perspectives

Questions for this week:
1) What is labour?
2) What are unions? What do they do?
3) How do we assess the quality of work and working conditions?
4) What is the state? What does the state do?
5) What are industrial/labour relations?
6) What are the different perspectives on labour relations?
7) What is the purpose of labour law from these different perspectives?

Other Activities for this week:
1) Introduction to Assignment 1
2) Group Exercises: What do unions do? What does labour law do?


Note: Recommended that you begin to read your text Judy Fudge and Eric Tucker, Labour Before the Law.

Part 1: Understanding the Current Laws and State Policies

Sept. 21, 23: An introduction to the types and functions of labour and employment law; A discussion of the limits of Employment Standards

Questions for this week:
1) What types of law govern the workplace, unions and employment? Common, Constitutional and Statute Law (Employment Standards, Labour Relations Law, Occupational Health and Safety, Human Rights, Pay and Employment Equity).
2) What does each area of law govern?
3) What are the limits of existing employment law (employment standards and common law)?

Other Activities for this week:
1) Discussion of Assignment 1
2) Introduction to Assignment 2

Required Reading:
Guide on the Ontario Employment Standards Act, Ontario Ministry of Labour
G. Brennan Minimum(2000) Wages and Working Time During the Last Century. Workplace Gazette, 3(4), 61-73

Recommended reading for this week:
Jon Peirce Employment Legislation, chapt. 7 in Jon Peirce, Canadian Industrial Relations Toronto:Prentice Hall, 2000 (on reserve).
(if not available: Chapter on employment legislation M. Gunderson et al. Union Management Relations in Canada. 4th ed.)

Sept. 28, 30, Oct 5: Unionization, the Collective Agreement and the Labour Relations Legislation

Questions for this section:
1) What do workers gain and lose through unionization? over and above basic legal protections for workers under employment law?
2) What is collective bargaining and how is it regulated?
3) What are the main features of the collective agreement? How are disputes regarding the collective agreement addressed (What is the grievance process and how does it operate)?
4) How is the process of unionization regulated by the law? What are the limits of that protection? CAW video
5) What are the differences between the public and private sector?
6) What are the limits of the law from the union perspective?

Recommended Reading:
Review the Ontario Labour Relations Act
Jon Peirce Employment Legislation, chapt. 8 in Jon Peirce, Canadian Industrial Relations Toronto: Prentice Hall, 2000 (on reserve). (if not available: see Chapter on Industrial Relations legislation M. Gunderson et al. Union Management Relations in Canada. 4th ed.)


Other Activities for this section:
1) Discussion of Assignment 2
2) Introduction to Assignment 3
3) CAW Organizing Video - October 5


Oct. 7, 12: Occupational Health and Safety

Questions for this section:
1) What are the main features of the Ontario Occupational Health and Safety Act (OOHSA)? Workplace Safety Insurance Act (WSIB)? Other similar legislation in Canada and elsewhere?
2) What are the relative and practical limitations and strengths of these Acts?
3) What is the “internal responsibility system” and what are its limitations?
4) Why did the OOHSA emerge when it did?

Other Activities for this section:
1) Quickwrite - October 7

Required Reading:
B. Seshagiri (2000) Occupational Health and Safety: A Century of Progress. Workplace Gazette, 3(4), 43-54.
E. Tucker And Defeat Goes On: An Assessment of Third Wave Health and Safety Regulation. In
F. Pearce and L. Snider Corporate Crime: Contemporary Debates. Toronto: University of Toronto Press, pp.245-267 On reserve at Leddy.

Recommended:
S. Havlovic and W. Moore (2002) Lowering the Fatality Rates in Hazardous Occupations: Lessons from the Logging Industry in the Pacific Northwest. Workplace Gazette, 5(2), 61-72


Oct 14, 19, 21: Constitutional Law, Human Rights Legislation and Pay and Employment Equity

Questions for this section:
1) What has the Charter done for workers? unions? Why the limitations?
2) Why pay and employment equity? Why Human Rights Codes?
3) What are the strengths and weaknesses of the legislation in addressing employment and wage discrimination?
4) What evidence is there of continuing discrimination?

Activities for this section:
1) Film and Discussion: “The Glass Ceiling” - Oct. 14
2) Discussion of Assignment 3
3) Quickwrite - Oct. 19

Required Reading for this section:
Kamal Dib Employment Equity in Canada: Women and Minority Groups in the Canadian Labour Market Workplace Gazette 3(4), 2000, pp.74-79 (available through HRDC web site)
Harish Jain Equality in Employment: Challenges in the 21st Century Workplace Gazette, 3(4), 2000, pp.


Part 2: Understanding the Historical Development of Labour Law, Unions and Relations

October 26, 28: The Early History of Labour and Employment in Canada: 1850-1914

Questions for this week:
1) What was the early role and impact of criminal law, the courts and the police and military?
2) What were the major points of change in terms of early labour legislation?
3) What changes were occurring in work, labour relations, the union movement, and the economy, and how did they influence the development of labour law?
4) How can we use the concepts of accommodation and coercion to understand state actions?

Activities for this Week:
1) Quickwrite - October 26

Reading:
J. Fudge and E. Tucker, Labour Before the Law. Toronto: Oxford University Press, pp. 1-88.


November 2,4: The Early History of Labour Law in Canada: 1914-1939

Questions for this week:
1) What was the reaction and impact of the government to the 1919 Winnipeg Strike?
2) Why was labour unsuccessful in gaining any improvements in union or worker rights during the 1920s and 30s?
3) What distinguishes the U.S. and the Federal and Provincial state responses to the depression?

Other Activities for this week:
1) Discussion of Assignment 3
2) Quickwrite November 4
3) Film: Prairie Fire: The Winnipeg General Strike - 1919 - Nov. 2

Reading for this week:
J. Fudge and E. Tucker, Labour Before the Law. Toronto: Oxford University Press, pp. 89-227


November 9, 11, 16: PC 1003 and its Legacy: 1939-1975

Questions for this section:
1) What new deals were introduced in the late 1930s? what were the limits of these new deals relative to the US situation?
2) What legislative changes occurred early in the war?
3)What were the main features of PC1003 - What protections were offered to workers/union (the collective bargaining agreement, grievance procedures and arbitration law)? What were the relative strengths and weaknesses of the PC1003 model?
4) Why did we get PC 1003 in 1944?
5) What other legislative and policy changes occurred in the post-war period relevant to labour and what was their impact?
6) What were the positive and negative impacts of the new laws with particular reference to PC1003? On workers? on unions?
7) What happened in other countries?


Other Activities for this section:
1) Quickwrite Nov. 11
2) Introduction to Assignment 4
3) Film “Defying the Law” (if time permits - Nov. 16)

Reading for this section:
J. Fudge and E. Tucker, Labour Before the Law. Toronto: Oxford University Press, pp. 228-315.
L. Panitch and D. Swartz, From Consent to Coercion: The Assault on Trade Union Freedoms, (3rd ed) Garamond Press, 2003. chapter 2, pp. 9-23.

Recommended Reading:
A. McCrorie PC 1003: Labour, Capital and the State. In C. Gonick Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.15-38.
B. Russell Labour’s Magna Carta: Wagnerism in Canada. In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.177-192. On reserve.
C. Schenk Fifty Years After PC 1003: The Need for New Directions. In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.193-214.
A. Forrest, Securing the Male Breadwinner: A Feminist Interpretation of PC1003. In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.139-162.
B. Cameron, Dualism or Solidarity: Reforming Canada’s System of Labour Market Regulation. In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.163-176.
L. Haiven, PC1003 and the (Non) Right to Strike. In C. Gonick et. al Labour Gains, Labour Pains, 1995 pp.215-235.



November 18, 23: Neoliberalism, Globalization and Labour Relations Law since the 1970s

Questions for this Section:
1)What major changes have occurred in work and the economy?
2) What major changes have occurred in industrial relations law and government policy since 1980?
3) Has the government become more coercive and anti-union in its approach to labour?
4) How do these changes compare with developments in other countries?
5) What other changes in law and government policy have accompanied the shifts in labour relations legislation?

Activities for this section:
1) Quickwrite - Nov. 18

Required Reading for this section:
L Panitch and D. Swartz, From Consent to Coercion: The Assault on Trade Union Freedoms, chapt 3-6, 9.

Recommended Reading:
J. Price Post PC 1003: A Return to Coercion or New Directions for Labour? In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.177-192.
Roy Adams Hard Times for Trade Unions - Nadir or new era? Workplace Gazette 5(1), pp.79-85 (available on line through the Federal Government HRDC web site).
E. Dannin Brother Can You Spare a No Wage Job: Labour Reform in New Zealand. In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.405-434.
G. Olsen The Search for a New Model: Industrial Relations in Sweden In C. Gonick et. al. Labour Gains, Labour Pains. Halifax: Fernwood, 1995. pp.383-404.


November 25, 30, Dec. 2: Understanding the Impact of Reform, Restructuring and Globalization.

Questions for this Section:
1) What are the main impacts on unions and workers (union density, certification/decertification, collective bargaining, employment conditions, strike activity and success)?
2) How do we explain the changes in labour law and government policy more generally?

Other Activities for this Section:
1) Quickwrite - November 30
2) Discussion of Assignment 4

Required Reading for this Section:
L. Panitch and D. Swartz, From Consent to Coercion: The Assault on Trade Union Freedoms, chapter 7-8

Recommended Reading:
R. Adams Hard Times for Trade Unions - Nadir or new era? Workplace Gazette 5(1), 79-85
F. Martinello Mr. Harris, Mr. Rae and Union Activity in Ontario. Canadian Public Policy, 26(1), 2000, 17-31.
D. Broad Globalization, Free Trade and Canadian Labor Critical Sociology, 21(2), 19-41, 1995.


December 2, 7: Summing up: Where to from here? Review for Exam

Questions for this section:
1) What are the prospects for change?
2) What needs to be done in terms of union and legislative reform?
3) How can reform be achieved?

Other Activities for this section:
1) Review for exam

Required Reading for this section:
L. Panitch and D. Swartz, From Consent to Coercion: The Assault on Trade Union Freedoms, chapter 10
C. Schenk (2000) Union Renewal - New Directions. Workplace Gazette, 3(2), 96-106.