Judy+Fudge+&+Eric+Tucker

**-**in liberal capitalist societies, (industrial) legality is a crucial if not primary mode of regulating the contradictions that emerge from capitalist production relations -a regime of industrial legality that prevailed prior to 1900 -individual K of employment operated in a system that left most terms and conditions to be determined according to the labour market -workers could combine with other wkers but employers could refuse to hire those who became union members -the criminal law narrowly defined the scope of tactics workers could use -the administrative capacity of the state to intervene re: wkers’ rights was weak -state institutions played an increasingly important role in regulating industrial conflict (but much continuity with earlier regime -emerged after 1900, in the wake of the Second Industrial Rev (1890s)  -employment relations were targeted for legal regulation because it was via these relations that most families obtained access to the means necessary for their survival and their conflictual character threatened to disrupt social order  -the state had limited intervention: it required conciliation for disputes arising in sectors crucial for the national economy  -employers turned to the courts more frequently to resist wkers’collective demands where a sympathetic judiciary received them, fashioning new theories of liability  -neither elected representatives nor judges imposed a legal obligation on employers to recognize trade unions  -freedom of assoc for workers stayed a legal privilege rather than a state-enforced right -legislation transformed freedom of association for the purpose of collective bargaining into an enforceable right -emerged post-World War II -essential components: collective bargaining legislation administered by independent labour boards and a system of grievance arbitration to enforce collective agreements -one of the benchmarks of the liberal state is rule by law and thus when workers engage with employers to advance their interests, they must do so within a (capitalist) legal order -workers can be hostile to the state but the democratic state can also offer opportunities for them to demand that they be treated as more than commodities -the liberal state holds dangers though for the workers: it guarantees private property rights and provides owners with a legal system in which their claims are enforced -challenge for the liberal state is to institutionalize and contain labour market conflict -debate within the labour movement over the merits of collective bargaining over electoral politics and direct state regulation -law is an important site for production of discourse - legal discourse is directed at a number of audiences and it is important to consider whether it has different effects on different segments of the population - are attempts by liberal states to institutionalize norms and mechanisms for resolving the conflict that is endemic to capitalist relations of production. -protect property and contract rights as well as certain notions of public order -the regime is articulated through a variety of legal institutions and discourses -legal privilege vs. legal right: -legal right entails a correlative duty (a person enjoying a legal right can call on the state to enforce it and force another from interfering with its enjoyment) -with legal privilege, the protected activity cannot be stopped by the state -inherent contradiction in private property – individual exercises a degree of prerogative and yet these claims depend on state recognition and enforcement (often over other claims to social justice for ie) -private property and freedom of contract are the two mainstays of the legal infrastructure of capitalist market economies -the commodification of labour in liberal democracies characterized by inequality drives workers to resist their commodification and pressure the state to substitute non-market mechanisms for determining some of employment conditions -conflicts over the regime of legality can be fought on many fronts – also note that in Canada the distribution of powers among national, provincial and local governments affects the devt of regimes of industrial legality -Laskin articulated the principles of Industrial Pluralism -seniority and just cause provisions placed constraints on managers and increased the employment security of individual employees -grievance arbitration provided unions with a legal mechanism to enforce their collective agreement rights -increased union participation post WWII – significant rises in real wages and fringe benefits began to emerge as standard features in collective bargaining provisions -however, increased bureaucratization of dispute resolution -Polymer arbitration award: Laskin held that a union was under a legal duty to fulfill its obligations under a collective agreement (CA) -prohibition against strikes under CA meant union had a responsibility to use all reasonable means to ensure disputes followed the arbitration process -based on Rand’s award in the 1946 Ford dispute: a union’s right to financial security was dependent on its willingness to enforce its collective agreement against its members -responsible unions were the only legitimate representatives of workers within the pluralist version of industrial democracy -economically, it meant the union accepted the legitimacy of private property -politically, it meant committing to constitutionalism and electoral change -in the context of industrial relations, it meant that the union accepted the CA and would prevent wildcat strikes -in many respects, the industrial pluralist model was a liberal voluntarist one at its core -after WWII, the use of injunctions surged once employers rediscovered how effective they could be at sanctioning workers’ collective action -also use of the criminal law (judiciary continued to place large role) -**industrial citizenship –** comprised freedom of association, the right to representation and the rule of law, were the crowning achievemenfts of industrial pluralism Type in the content of your page here.
 * Fudge & Tucker, //Labour before the Law//, 2001 **
 * Liberal voluntarism **
 * Industrial voluntarism **
 * Industrial pluralism **
 * Legality: How Liberal States Rule **
 * Regimes of Industrial Legality **
 * The Hegemony of Industrial Pluralism **