Shall Wagnerism have no Dominion?

Abstract

The Wagner Act Model has formed the basis of Canada’s collectivebargaining regime since World War II but has come under intense scrutiny inrecent years because of legislative weakening of collective bargaining rights,constitutional litigation defending collective bargaining rights and decliningunion density. This article examines and assesses these developments, arguingthat legislatively we have not witnessed a wholesale attack on Wagnerism, butrather a selective weakening of some of its elements. In the courts, it brieflyappeared as if the judiciary might constitutionalize meaningful labour rights andimpede the erosion of Wagnerism, but recent judicial case law suggests theprospects for this outcome are fading. While the political defence of Wagnerismmay be necessary when the alternatives to it are likely worse, holding on to whatwe’ve got will not reverse the long-term decline inunion density. The articleconcludes that at present there are no legal solutions to the labour movement’sproblems and that innovative efforts to represent workers’ collective interestsoutside of formal collective bargaining provide a more promising alternative.