Protecting Concerted Action Outside the Union Context

Canadian Labour and Employment Law Journal, Volume 20, Issue 1 (2016).

Temple University Legal Studies Research Paper No. 2016-32

Posted: 25 Apr 2016 Last revised: 7 Jun 2016

See all articles by Brishen Rogers

Brishen Rogers

Georgetown University Law Center; Roosevelt Institute

Simon Archer

Centre for Research in Comparative Law and Political Economy, Osgoode Hall Law School; York University - Osgoode Hall Law School

Date Written: April 22, 2016

Abstract

This article argues that a feature of the National Labour Relations Act (U.S.) should be adopted by Canadian jurisdictions. This feature is the protection of employees for "concerted action" in their mutual aid, contained in s. 7 of the NLRA, and applied to all employees whether or not they are a member of a union or attempting to organize one. We argue that this is a modest expansion of the existing Wagner Act model in Canada, is consistent with Canadian constitutional norms, and would provide an additional tool encouraging worker voice and representation in the workplace. We conclude with a caution that such an amendment would not result in profound changes in the balance of power between employers and workers, and that problems associated with worker voice and representation require more systemic solutions.

Keywords: labour law, employees, empoyers, concerted action, protection, national labour relations act, labour relations act

JEL Classification: K31

Suggested Citation

Rogers, Brishen and Archer, Simon and Archer, Simon, Protecting Concerted Action Outside the Union Context (April 22, 2016). Canadian Labour and Employment Law Journal, Volume 20, Issue 1 (2016)., Temple University Legal Studies Research Paper No. 2016-32, Available at SSRN: https://ssrn.com/abstract=2768930

Brishen Rogers

Georgetown University Law Center ( email )

600 New Jersey Ave
Washington, DC 20001
United States

Roosevelt Institute ( email )

570 Lexington Ave.
5th Floor
New York, NY 10022
United States

Simon Archer (Contact Author)

Centre for Research in Comparative Law and Political Economy, Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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