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A Tale of Two Centuries? Expanding Constitutional Labour Rights in Canada and Their Impact on Legislation, Conflict and Wages

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  • Bradley R. Weinberg

Abstract

Using collective agreement and strike data from the Canadian Federal and provincial jurisdictions for the years 1978–2019, this study examines the effect that various legislative regimes that govern public‐sector bargaining disputes have on the incidence, duration and cost of conflict. This study seeks to replicate and improve previous estimates related to this topic but also extends the analysis to examine changes to the legal environment in Canada in which labour rights have been increasingly enshrined in constitutional law through the Canadian Charter of Rights and Freedoms. This study finds, in contrast to previous studies, that the legislative regime impacts the way agreements are settled when disputes occur but not the likelihood of a directly negotiated agreement prior to impasse. It also highlights some differences in contract and wage settlements prior to and after the constitutionalization of labour rights in Canada.

Suggested Citation

  • Bradley R. Weinberg, 2025. "A Tale of Two Centuries? Expanding Constitutional Labour Rights in Canada and Their Impact on Legislation, Conflict and Wages," British Journal of Industrial Relations, London School of Economics, vol. 63(2), pages 268-286, June.
    • Handle: RePEc:bla:brjirl:v:63:y:2025:i:2:p:268-286
    DOI: 10.1111/bjir.12857
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    References listed on IDEAS

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    1. Gunderson, Morley & Hebdon, Robert & Hyatt, Douglas, 1996. "Collective Bargaining in the Public Sector: Comment," American Economic Review, American Economic Association, vol. 86(1), pages 315-326, March.
    2. Michele Campolieti & Robert Hebdon & Benjamin Dachis, 2016. "Collective Bargaining in the Canadian Public Sector, 1978–2008: The Consequences of Restraint and Structural Change," British Journal of Industrial Relations, London School of Economics, vol. 54(1), pages 192-213, March.
    3. Currie, Janet & McConnell, Sheena, 1991. "Collective Bargaining in the Public Sector: The Effect of Legal Structure on Dispute Costs and Wages," American Economic Review, American Economic Association, vol. 81(4), pages 693-718, September.
    4. Currie, Janet & McConnell, Sheena, 1996. "Collective Bargaining in the Public Sector: Reply," American Economic Review, American Economic Association, vol. 86(1), pages 327-328, March.
    5. Bradley R. Weinberg, 2020. "Third-Party Intervention and the Preservation of Bargaining Relationships," ILR Review, Cornell University, ILR School, vol. 73(2), pages 498-527, March.
    6. Reder, Melvin W & Neumann, George R, 1980. "Conflict and Contract: The Case of Strikes," Journal of Political Economy, University of Chicago Press, vol. 88(5), pages 867-886, October.
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    Cited by:

    1. Höne, Sarah & Rehm, Miriam, 2025. "Bargaining power and wages: Collective wage agreements and union membership in Germany," ifso working paper series 55, University of Duisburg-Essen, Institute for Socioeconomics (ifso).

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