Summary

Summary Pluralism or fragmentation? The twentieth-century employment law regime in Canada

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Course
IDRL 320

Institution
Athabasca University (AU )

Summary of one of the readings from course IDRL 320 from Athabasca University "Pluralism or fragmentation? The twentieth-century employment law regime in Canada" by Judy Fudge and Eric Tucker

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IDRL 320: The law of work

Reading: Fudge and Tucker “Pluralism or Fragmentation” Summary only

Industrial Voluntarism (1900 – 1948)

During the era of Industrial Voluntarism (1900-1948), two distinct periods can be identified:
Constructing the Regime of Industrial Voluntarism, 1900-1914, and the subsequent years leading up to
World War II.
Constructing the Regime of Industrial Voluntarism, 1900-1914:
At the turn of the century, the transition from competitive to monopoly capitalism altered class relations
significantly in Canada. The National Policy fostered economic growth through manufacturing expansion
and resource exploitation, facilitated by foreign capital and immigrant labor. However, the benefits of
this growth were unevenly distributed, with wages lagging behind productivity gains.
Class fragmentation increased during this period, evident in the entrenched sexual division of labor and
the stratification of the workforce along ethnic and racial lines. Craft unions, predominantly composed
of Anglo-Saxon workers, exercised control over the labor process and extracted benefits, while unskilled
workers faced precarious conditions and lacked bargaining power.
This period witnessed significant labor unrest, with strikes led by both skilled and unskilled workers
protesting against poor wages, unsafe working conditions, and inadequate living standards. The state
responded to these strikes by refining coercive measures through judicial interpretation, limiting
picketing rights, and criminalizing certain forms of collective action.
Concurrently, the state aimed to promote conciliation and accommodation between employers and
responsible unions to mitigate industrial conflict. Legislation such as the Conciliation Act (1900) and the
Industrial Dispute Investigation Act (1907) established frameworks for state intervention in labor
disputes, prioritizing voluntary negotiations over compulsory arbitration.
Minimum standards legislation, including regulations on hazardous working conditions and restrictions
on hours of work, were modestly expanded but often lacked effective enforcement. Compensation for
work-related injuries and fatalities also evolved, culminating in the establishment of workers'
compensation systems across provinces, albeit with limitations and exclusions.
Overall, the legal regulation of employment during this period reinforced a market-based model of wage
determination, prioritizing individual property and contract rights over collective action by workers.
Responsible trade unions that operated within legal confines could be accommodated, but challenges to
established rules of engagement were met with resistance. Protective legislation, when implemented,
often reflected paternalist values or racial biases, but economic interests typically took precedence.

World War I Labour Policy, 1914-1918
During World War I, a series of events unfolded that posed challenges to the existing regime of
industrial voluntarism and its gender norms. Tight labor markets, high inflation, and political rhetoric
emphasizing the war as a fight for democracy fueled increased radicalization and militancy among

, workers. The resulting workers' revolt tested the limits of the legal framework, prompting collaboration
between judges and politicians to defend it. However, some state officials recognized the need for a
new regime to accommodate the legitimate demands of workers, leading to efforts to institutionalize
collective bargaining and strengthen minimum standards, especially for women. Despite these
initiatives, employers resisted, limiting their scope and effectiveness. As a result, while the war and post-
war agitation left some impact on industrial voluntarism, the regime largely remained intact during the
1920s.
The War Measures Act centralized power in the federal cabinet, enabling it to rule by order in council.
Initially, the government relied on existing mechanisms to maintain war production but eventually
experimented with more interventionist responses as labor militancy increased. Some attempts were
made to accommodate responsible unions and institutionalize collective bargaining, such as preventing
coal strikes in Nova Scotia and establishing consensual arbitration schemes on railways. The government
also sought reconciliation with labor leaders, appointing union representatives to various government
bodies.
However, more militant unions and labor radicals faced coercion, particularly after the 1917 Bolshevik
revolution. The state strengthened its security apparatus and cracked down on radical agitators, issuing
orders to restrict public expression and banning strikes and lockouts. Despite primarily adopting a
conciliatory approach to labor unrest, the government eventually resorted to coercion, banning strikes
and lockouts for the duration of the war.
The war also challenged gender norms, as conscription depleted male breadwinners, drawing women
into traditionally male-dominated jobs. This highlighted the issue of low female wages, which undercut
male wages. Efforts to promote equal pay for women faced resistance from most employers. Provincial
minimum wage legislation for women was introduced in 1917, but it often provided only the bare
minimum needed to sustain labor force participation. As the war ended, fragmented labor markets
reasserted themselves, relegating women once again to low-wage work, despite the further
entrenchment of state-established minimum standards.

The Defeat of the Post-War Workers' Revolt, 1918-1929
After World War I, conflict between labor and capital intensified as workers sought to secure greater
democracy and prosperity while employers aimed to restore pre-war conditions. The federal
government, positioned between labor and capital, prioritized maintaining social order and economic
growth within a capitalist framework, requiring a mix of conciliation and coercion, albeit with differing
opinions on the appropriate balance.
Following the Armistice, the government pursued both reconciliation between responsible unions and
employers and containment of radicalism. However, conflicts, such as the Winnipeg General Strike of
1919 led by the One Big Union (OBU), escalated, prompting government intervention to suppress the
revolt. The government arrested strike leaders, leading to trials and convictions, particularly targeting
foreign-born radicals.
Despite efforts to institutionalize agreements between unions and employers, most employers
preferred neo-paternalist schemes that excluded independent unions. The election of Mackenzie King's
Liberals in 1921 ended federal attempts to construct new labor relations policies. Additionally, legal

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