Skip to main content
Article thumbnail
Location of Repository

Labour law and union growth : the case of Ontario

By Anne Forrest


What role the law should play in encouraging the growth of trade\ud unions is a matter of considerable controversy in Canada, the United\ud States, and the United Kingdom. Limits to growth in other sectors of the\ud economy coupled with heightened employer hostility to unionism have made\ud the extension of collective bargaining to the tertiary sector the most\ud pressing task for unions in the 1980s. In a limited way, the Canadian\ud procedure for certifying and recognizing unions is being considered as a\ud model for labour law reform. And there is much to recommend the Canadian\ud system. It is far more efficient than its American counterpart. There\ud are fewer delays, fewer unlawful interventions by employers, and a\ud substantially higher likelihood that newly organized unions will be\ud granted certification. Even so, unions have failed to break into the\ud trade, finance, and services industries that are so critical to their\ud future.\ud Taken as a whole, Canadian labour law tends to block rather than\ud promote the growth of unions in the unorganized sectors of the economy.\ud The certification procedure is only one aspect of a legal regime that has\ud as its primary purpose the preservation of industrial peace, not the\ud encouragement of union growth. By shaping bargaining structure and\ud regulating bargaining tactics, Canadian labour law tilts the balance of\ud power in favour of employers. Small, fragmented unions are frequently\ud pitted against large corporations and as there is nothing to stop anti-union\ud employers from using their overwhelming strength to frustrate the\ud collective bargaining process, efforts to organize the tertiary sector\ud have failed

Topics: HD, KE
OAI identifier:

Suggested articles


  1. (1975). A Comparative Analysis of British Journal of Ulmer,
  2. (1980). A Rational Process of Persuasion: Good Faith Bargaining in Ontario'.
  3. (1950). Accounting for the Decline in Industrial and Labour Relations Review,
  4. (1969). American Trade Union Growth: 1900-1960'.
  5. (1982). An Econometic Model of Trade Union in Canada,
  6. (1980). An~~I=mLP7a~r~t1~'a=I~U~m~p~i~r~e~'~:~~I~n~d~u~s~t~r~i~a=I~R~e=l=a~t=i~on~s~an~d the Canadian State,
  7. (1981). Baptism of a Union: Stelco Strike of 1946.
  8. (1976). Bargaining Units and Corporate Merger: NLRB Policy in the Intercity Bus Industry'.
  9. (1984). Canadian Labour Arbitration.
  10. (1983). Canadian Union Growth'.
  11. (1974). Case Book Group.
  12. (1981). Case Processing Time and the Outcome of Representation Elections: Some Empirical Evidence'.
  13. (1981). Cause of Unionization in Canadian Banks'.
  14. (1977). Certification--Is There a Better Way to Test Employee Wishes?'
  15. (1983). Collective Agreement Arbitration in Canada, 2nd edn,
  16. (1980). Collective Bargaining and Industrial Relations.
  17. (1943). Collective Bargaining in Ontario: A New Legislative Approach'. Canadian Bar Review.
  18. (1973). Collective Bargaining in the Provincial Public Services'. Collective Bargaining
  19. (1985). Conclusions: The Changing Functions of Labour Law'. Industrial Relations and the Law in the 19805: Issues and Future Trends. Eds. Patricia Fosh and
  20. (1979). Contested Terrain: The Transformation of the Workplace in the Twentieth Century.
  21. (1983). Corporation and Labour Unions A R t f 1981 Ottawa: Ministry of Supply and Returns ct, epor or . Services.
  22. (1967). Corporations and Labour Unions Returns Act, Report for 1965. Ottawa. Ministry of Industry and Tourism.
  23. (1968). Corporations and Labour Unions Returns Act, Report for 1966. Ottawa: Ministry of Industry and Tourism.
  24. (1985). Debates. Toronto: Legislative Assembly of Ontario.
  25. (1983). Determinants of the Outcomes of Union Certification Elections'. Industrial and Labor Relations Review.
  26. (1966). Determination of the Appropriate Bargaining Unit.
  27. (1977). Deterrents to Unionization'.
  28. (1985). Dismissed: A Study of Unfair Dismissal and the Industrial Tribunal System. Oxford: Basil Blackwell. 341 Dickens, William T.
  29. (1966). Employer 'Free Speech' in the United States and Canada. Kingsto~, Ontario: Queen's University, Industrial Relations Centre.
  30. (1982). Employer Campaign Tactics and NLRB Election Outcomes: Some Preliminary Evidence'
  31. (1987). First Contract Arbitration in Canada'. Paper presented to the Fortieth Spring Meeting of the Industrial Relations Research Association,
  32. (1986). First Contract Experience in Manitoba'.
  33. (1975). Ford Windsor:
  34. (1985). Freedom at Work: Towards the Reform of Tory McCarthy,
  35. (1985). From Consent to Coercion: The Assault on Trade Union Freedoms.
  36. (1980). Getting Organized: Building a Union.
  37. (1974). Gompers in Canada: A Study in American Continental ism before the~F~iLr~s~t~W~o~r~l~d~W~a=r~.~T~o~r~o~n~t~o~:~~U~n~i=v~e~r~s~i~t~y of Toronto
  38. (1984). Growth Patterns of Public Sector.Unions'.
  39. (1985). Impact of Union-Avoidance Strategy in Representation Elections'.
  40. (1951). Industrial Relations and Government Policy'.
  41. (1985). Labor Movements in Canada and the United States'. Challenges and Choices Facing American Labor.
  42. (1977). Labour and the Law. 2nd edn.
  43. (1986). Labour is not a Commodity": A Study of the Rights of Labour in the Canadian Postwar Economy,
  44. (1958). Labour Relations Law and Policy in Ontario'
  45. (1949). Labour Relations Laws and Precedents in Canada. Toronto: The Carswell Co.
  46. (1981). Labour-Management Consultants in Union Organizing Campaigns: Do They Make a Difference?'
  47. (1936). Law and Labor Relations: A Study of the Industrial Disputes Investigation Act of Canada.
  48. (1977). Law and Practice before the Ontario Labour Relations Board'.
  49. (1954). Legal Framework'.
  50. (1982). London: Fabian Society. Employment Laws. Fabian rac
  51. (1985). Modern Labour Law: Problems, Functions, and Policies'. Labour Law and Industrial Relations: Building on Kahn-Freund. Eds. Lord Wedderburn, Roy Lewis and Jon Clark.
  52. (1967). NLRB Remedies for Election Misconduct: An Analysis of Election Outcomes and their Determinants'.
  53. (1980). Notes to a Speech Delivered to the Central Ontario Industrial Relations Institute'. Toronto (typescript). 1980b. 'Notes from a Speech Delivered to the Canadian Industrial Relations Association,
  54. (1978). Ontario: Addison-Wesley 343 Hart,
  55. (1980). Organizing the Unorganized: Unionization in the Chartered Banks of Canada'.
  56. (1961). Picketing and the Tort of Inducing Breach
  57. (1983). Predicting the Outcome of Union Certification Elections: A Review of the Literature'
  58. (1986). Prentice-Hall Canada Inc.
  59. (1985). Prevention in 57-88.
  60. (1980). Profiles of Union Growth: A Comparative Statistical Portrait of Eight Countries.
  61. (1985). Provisions in Major Collective Agreements in Canada Covering 500 or More Employees. Ottawa: Ministry of Supply and Services.
  62. (1980). Public Sector Unionism in the U.S. and Canada'.
  63. (1982). Public-Sector Collective Bargaining'. UnionManagement Relations in Canada. Eds. John Anderson and Morley Gunderson. Don Mills,
  64. (1976). Reconcilable Differences. Toronto: The Carswell Company Limited.
  65. (1962). Royal Commission on Labour - Management Relations in the Construction Industry.
  66. (1974). Secondary Boycott: A Functional Analysis', The Canadian Bar Review.
  67. (1962). Secondary Picketing'. The Canadian Bar Review,
  68. (1979). Settlement of First Collective Agreement: An Examination of the Canada Labour Code Amendment'. Paper presented to the
  69. (1968). Some Aspects of Policy Determinations in the Development of the Collective Bargaining Legislation in the Public Service of Canada'.
  70. (1960). Staff Relations in the Canadian Federal Public Service: Experience with Joint Consultation'.
  71. (1987). Strategy Recognition Provisions: Some Lessons for Britain from Abroad?' Employment Review.
  72. (1975). Strikes and Lockouts in Canada. Ottawa: Ministry of Supply and Services.
  73. (1981). Striking a Balance? Employment Law After the 1980 Act.
  74. (1967). Submission to the Task Force on Canadian Chamber of Commerce 339 Canadian Manufacturers' Association.
  75. (1968). Task Force on Labour Relations, Report, Ottawa: Privy Council Office.
  76. (1958). The Blackcoated Worker.
  77. (1979). The Canadian Industrial Relations System: Some Formative Factors'.
  78. (1978). The Claredon Press.
  79. (1970). The Courts and Labour Injunctions'.
  80. (1983). The Decline in Union Success in NLRB Representation Elections'.
  81. (1982). The Decline of Organized Labor: NLRB Union Certification Election Results'.
  82. (1958). The Duty to Bargain in Good Faith',
  83. (1976). The Expansion of Labour Board Remedies. Kingston, Ontario: Queen's University. Industrial Relations Centre.
  84. (1962). The Extent and Significance of Administrative Delays in the Processing of Union Representation Cases in Arizona'.
  85. (1980). The Fleck Strike: A Case Study in the Need for First Contract Arbitration'. Osgoode Hall Law Journal'.
  86. (1976). The Forked Road: Canada 1939-1957.
  87. (1978). The Formation of the Canadian Industrial Relations System During World War Two'.
  88. (1973). The Future of Public Sector on Publ1c Sector Relations. Eds. Mark Thompson and Gene Swimmer. Montreal: Institute for Research on Public Policy, 87-119. Conflict Industrial The Sack, Jeffrey and
  89. (1971). The Growth of Australian Trade Unions: 1907-1969'.
  90. (1978). The Growth of the Public Service in Canada'
  91. (1975). The Impact of the Required Level of Employees Support on Securing Union Certification. Toronto: Ontario Ministry of Labour,
  92. (1956). The Labour Injunction in British Columbia.
  93. (1966). The Labour Injunction in Ontario: Procedures and Practice'. Ed. Carrothers. Toronto: Report of a Study on the Labour Injunction in
  94. (1961). The Labour Relations Board in Ontario.
  95. (1976). The Legal Response to Striking at the Individual Level in the Common Law Jurisdictions of Canada'.
  96. (1978). The Longest Season: Union Organizing in the Last Decade, a/k/a How Come One Team Has to Play with Its Shoelaces Tied Together?'
  97. (1984). The Negotiation of First Agreements in Ontario: An empirical study'.
  98. (1985). The New Policies in Industrial Relations Law'. Industrial Relations and the Law in the 1980s: Issues and Future Trends. Eds. Patricia Fosh and
  99. (1985). The NLRA at Fifty: A Research Appraisal and Agenda'.
  100. (1982). The Ontario Hospital Dispute, 1980-81'. Paper presented to the
  101. (1979). The Ontario Labour Court,
  102. (1965). The Ontario Labour Relations Board and Natural
  103. (1981). The Reshaping of the National Labor Relations Board.
  104. (1980). The Shape of Power'.
  105. (1960). The Short, Unhappy Life of the 'Aristocratic' Doctrine'.
  106. (1981). The Structure and Growth of the Canadian National Unions'. Relations Industrielles.
  107. (1966). The Structure of Collective Bargaining and some of its Determinants'.
  108. (1986). The Structure of Collective Bargaining in Canada'. Canadian Labour Relations. Research coordinator.
  109. (1982). The Structure of Collective Bargaining'
  110. (1970). The Task Force on Industrial Relations--Picketing'. Osgoode Hall Law
  111. Toronto: Ontario Federation of Labour.
  112. (1980). Tort Liability in a Collective Bargaining Regime.
  113. (1974). Trade Union Growth in Canada: 1911-1970'.
  114. (1948). Trade Unions in Canada: Their Development and Functioning. Toronto: Macmillan Co. of Canada Ltd.
  115. (1984). Trends in Union Organizing Expenditures. 1953-o~~77'~u ~nd~strialĀ·and Labor Relations Review.
  116. (1970). Unfair Labour Practices: An Exploratory Study of the Efficacy of the Law of Unfair Practices in Canada. Ottawa: Privy Council Office.
  117. (1976). Union Growth and the Business Cycle.
  118. (1986). Union Growth in Canada: Retrospect and Prospect'. Canadian Labour Relations. Research coordinator. W. Craig Riddell. Toronto:
  119. (1983). Union Organizing in Manufacturing: 1973-1976'.
  120. (1982). Union Producivity'. Union-Management Anderson and
  121. (1987). Union Recognition: the Pros and Cons of Legislative Procedure'.
  122. (1983). Unionization versus Corporate Welfare: The Labour/Le Traveilleur,
  123. (1978). Unions in the Traditional Secto~s: The Mid-Life Passage of the Labor Movement'.
  124. (1942). War Labor Policies in Canada'.
  125. (1984). What Do Unions Do? New York: Basic Galenson, Walter
  126. (1969). White-Collar Bargaining Units Under the Ontario Labour Relations Act.
  127. (1985). Why Are Unions Faring Poorly in NLRB Representation Elections?'. (Ed. Thomas A. Kochan.) Challenges and Choices Facing American Labor.
  128. (1980). Women and Unions. Ottawa: Ministry of Supply and Services Canada.
  129. (1983). Women in the Labour Force.
  130. (1981). Workers in Industrial America.

To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.