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Dr. Gomez's comment on this article
Dr. Gomez has reviewed this Wikipedia page, and provided us with the following comments to improve its quality:
On 30 January 2015, the Supreme Court of Canada ruled that there is a constitutional right to strike. In this 5-2 majority decision, Justice Rosalie Abella ruled that "[a]long with their right to associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees to strike is vital to protecting the meaningful process of collective bargaining..." [paragraph 24]. This decision adopted the dissent by Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a reference case brought by the province of Alberta. The exact scope of this right to strike remains unclear and will no doubt be subject to further litigation. Prior to this Supreme Court decision the federal and/or provincial governments would introduce "back to work legislation", a special law that blocks the strike action (or a lockout) from happening or continuing on further. Canadian governments would also impose binding arbitration or a new contract on the disputing parties. Back to work legislation was first used in 1950 during a railway strike, and as of 2012 has been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition certain parts of the economy can be proclaimed 'essential services' in which case all strikes are illegal.
Examples include when the government of Canada passed back to work legislation during the 2011 Canada Post lockout and the 2012 CP Rail strike, thus effectively ending the strikes."
This is a well written entry on Strikes (better than than the entry on trade unions.
There is more case law now in Canada that also supports collective bargaining which is the underpinning of the strike action. This case law may be mentioned.
We hope Wikipedians on this talk page can take advantage of these comments and improve the quality of the article accordingly.
Dr. Gomez has published scholarly research which seems to be relevant to this Wikipedia article:
- Reference : Alex Bryson & Rafael Gomez & P Willman, 2008. "Trading Places: Employers, Unions and the Manufacture of Voice," CEP Discussion Papers dp0884, Centre for Economic Performance, LSE.