SOC101Y1 Lecture Notes - Rand Formula, Closed Shop, Mantra

15 views3 pages
17 Apr 2012
of 3
Lecture 12: Industrial or Labour Relations?
1. Labour Relations v. Industrial Relations
-IR: Consensus, harmony--Taylor
-LR: Conflict, Unequal -- Karl Marx, Braverman, Femminist approach, anti-
racist and teamwork
2. Industrial Relations Legislation in Canada
a. Background
-btwn 199 and 1994 less than .09% of total working time in Canada was lost
to a strike. SO there are very few work stoppages in Canada.
-Table 7.2 deals with this in textbook
-We have the perception that unions are strike happy in our country because
it gets a lot of media attention
-most of the legislation we have here regulating unions was only instilled to
keep peace, serving in the interest of employers not the unions
-the mantra for all unions is that the threat of the strike will make more gains,
and if the systems been orchestrated to limit that it takes away from the lever-
age and the threat that unions have to make change
b. Legalization v. Institutionalization
-making unions legal is a positive thing, but the more your social movement
engages with law they become incorporated into the grand system
-when they become recognized by they law they become subject to a series of
laws policies and regulations
-they also become very large formal institutions
-If you have a big rule book, most people wont read it or wont understand it
so they turn to a union representative which becomes the bureaucrat
-this is bad for unions because it demobolizes a lot of the union members
-overall the legislative framework tries to put the state as the neutral third par-
ty thats supposed to arbitrate between lawyers and unions, what often hap-
pens in the Canadian state the
c. Trade Union Act (1872)
-before this strikes were occurring because unions wanted to be recognized
-workers wanted to reduce their work week to 54 hours a week
-huge waves of strikes took place in hamilton ontario, fighting for less hours
and union recognition
-at the time the government in canada was run by the conservatives
-Sir John A. Macdonald introduced this legislation, which gave workers the
right to associate with each other. That unions were not to be considered as
associations that restrict trade.
-Before this law came into place it was very easy to get employers to arrest
workers for associating together.
-This new law also implicitly recognized the right to strike
-however, picketing remained a legal offense until 19-something
d. Industrial Disputes Investigation Act (1907)
-period of industrialization late 19 century early 20th century, workers were
being transformed from craft work to huge factories led to a lot of unrest and a
lot of strike activity
-local and provincial authorities didn’t really know what to do this, so thye
would often proclaim martial/ military law.
-they banned public assemblies and called private milicia or military to deal
with it
-they also hired the pinkertons which were a detective agency
-before you could go out and strike you’d have this 30 days cooling off period
-strikes were actually legal, on the negative side the cooling off period took
away the whole momentum, it gave employers more time for pinkertons to en-
ter into the union and strike members
e. Privy Council Act 1003 (1944)
-workers were allowed to join the union without repercussions
-all the provinces started to take on this law and legally recognize these
-states and government really became entrenched as the third party
-the more laws there are the more lawyers were hired by unions as well
-they needed a bigger public sector and more union administrators
-you need more judges and arbitrators
-this whole group of professional employees tht had to start enganging with
this stuff
-now all these people were involved creates a bigger bureacracy and slows
the social movement
-this law was the final nail that led to the institutionalization of unions
-this creates a lot more passive workplace
f. The Rand Formula (1946)
-very famous strike in windsor
-named after the supreme court of Canada Ivan Rand
-“closed shop” - all workers had to be unionized
-this created strength in number
-he set-up system called automatic dues check-up: everyone had to become
a member of the union they had no choice
-he thought full closed system was kind of unfair though. So instead a more
neutral thing- you had to pay dues for the union to exist, so the employer
would subtract from your paycheck
-however, you can opt-out of the union if you are an individual who has proof
of a religious basis of not being allowed to be part of it, and instead of paying
dues to the union, you have to pay dues in the form of a donation to a regis-
tered charity at the employers discretion
-also the rand formula ended up establishing a very strict way of dealing with
wild cat strikes
--eliminated free-rider program so you’re at least paying for the cause if you
werent helping or participating because everyone benefts from the higher
wages and better working conditions
3. Final Examination
a. Locations
b. Format and Questions
-20 m/c questions based on the textbook and second half of lecture
-essay answer 3/5 qurestions
2) Various changes in the distribution of
3) Is the canadian labour market open, single and fair: does everyone have
equal access to work
4) Compare hoschaws theory of alienation to Marx’s
5) Use gramsci’s theory of hegemony to compare and contrast with the
hawthorne experiments
4. Essays Returned