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The Regulation of Workers' Collective Action in Canada, 1900-1948: A Historical Analysis

Oliver Foster

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Published in Labour Before The Law: The Regulation Of Workers Collective Action In Canada 1900 1948 (Canadian Social History Series)

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The early 20th century witnessed a surge in workers' collective action across the globe, and Canada was no exception. This period was marked by intense industrialization, urbanization, and the emergence of a vocal and organized labor movement. Workers' efforts to improve their working conditions, wages, and rights gave rise to a complex legal framework that sought to balance the interests of labor and capital.

This article delves into the intricate history of workers' collective action in Canada from 1900 to 1948. We will explore the legal landscape that governed labor relations during this period, examining the evolution of trade unions, the rise of industrial disputes, and the role of government in regulating collective action.

Labour Before the Law: The Regulation of Workers' Collective Action in Canada, 1900-1948 (Canadian Social History Series)

by Judy Fudge

5 out of 5

Language	:	English
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Print length	:	414 pages

The Legal Framework

Prior to the 20th century, workers' collective action in Canada was largely hindered by common law doctrines that criminalized trade unions and strikes. However, the growing clamor for labor rights led to a gradual shift in legal attitudes.

In 1872, the Trade Unions Act was passed, legalizing trade unions and providing limited protection for their activities. This was followed by the Industrial Disputes Investigation Act (IDIA) in 1907, which established a conciliation and mediation process for industrial disputes. The IDIA was significant as it introduced the principle of collective bargaining into Canadian labor law.

The Rise of Trade Unions

The legal recognition of trade unions paved the way for their rapid growth and expansion. By 1914, there were over 1,600 trade unions in Canada, representing a significant portion of the workforce. These unions played a crucial role in organizing workers, negotiating collective agreements, and advocating for their interests.

Among the most prominent trade unions during this period was the Canadian Labour Congress (CLC),formed in 1927 through the merger of several existing labor organizations. The CLC became a powerful voice for workers' rights and played a leading role in shaping labor policy.

Industrial Disputes and Strikes

The rise of trade unions also led to an increase in industrial disputes and strikes. Workers used these tactics to demand better wages, working conditions, and recognition of their unions. Some of the most notable strikes of this period include the Winnipeg General Strike of 1919 and the On-to-Ottawa Trek of 1935.

The government's response to industrial disputes varied widely. In some cases, it intervened to mediate or suppress strikes, while in others, it took a more conciliatory approach. The 1935 Wagner Act, for example, prohibited employers from interfering with workers' unionization efforts and established the National Labor Relations Board to enforce labor law.

Government Regulation

The growing scale and impact of industrial disputes prompted the government to take a more active role in regulating workers' collective action. In addition to the IDIA and the Wagner Act, several other laws were passed during this period to address specific aspects of labor relations.

These laws aimed to balance the rights of workers to organize and bargain collectively with the rights of employers to manage their businesses. They also established mechanisms for resolving industrial disputes and preventing violence and intimidation.

The period from 1900 to 1948 witnessed a profound transformation in the legal and social landscape surrounding workers' collective action in Canada. The legalization of trade unions, the rise of industrial disputes, and the growing involvement of government all contributed to the development of a complex and dynamic labor relations system.

The history of workers' collective action in Canada is a testament to the struggles and triumphs of ordinary people seeking to improve their working lives. It is a reminder of the importance of collective action and the role of law in shaping labor relations.

Labour Before the Law: The Regulation of Workers' Collective Action in Canada, 1900-1948 (Canadian Social History Series)

by Judy Fudge

5 out of 5