Canadian collective bargaining law is flawed because it fails to address the concerns of a substantial segment of the work force and overlooks women as a rich source of insight into the dynamics of the bargaining environment. The author begins by exploring the problems inherent in the classical contractualist model, arguing that current collective bargaining law reflects these weaknesses and echoes a morality and ideology which are stereotypically masculine. By analyzing the legal and practical structures of collective bargaining, the author illustrates the ways in which the "morality of the workplace" is manifested differently between men and women. The author then examines the ideological difference between public and private work, discussing how this distinction situates women as subordinate to men and its effects on the unionized workplace. Moving to an analysis of dispute resolution, certification, unfair labour practices and bargaining unit determination, the final part of the article is devoted to suggestions for structural change in collective bargaining law. The author proposes ways in which feminist insight can be used to replace the current oppositional structure of collective bargaining with more cooperative mechanisms for resolving disputes.
Collective Bargaining | Labor and Employment Law | Labor Relations | Law
Gillian L. Lester,
Toward the Feminization of Collective Bargaining Law,
McGill L. J.
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3728