Content area

Abstract

North American regimes of industrial legality provide workers with protected rights to organize, bargain collectively, and strike. However, they also limit the freedom to strike. Trade unions commonly accept and enforce these limits but at great cost to solidarity and militancy. This article examines the many ways law works against labour by restricting the freedom to strike and explores the practice of unlawful strikes in North America, including recent examples that resulted in successful outcomes. It concludes with reflections on the revival of unlawful strikes as a tactic for rebuilding and remobilizing the North American labour movement. While the article's focus is North America, the discussion of unlawful strikes may also be relevant in other countries that limit the freedom to strike.

Details

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Title
Labour Against the Law? Contesting the Restrictive Norms of IndustrialLegality Through Unlawful Strikes
Author
Tucker, Eric 1 

 Osgoode Hall Law School of York University 
Publication title
Volume
45
Issue
2
Pages
0_1,342-368
Number of pages
29
Publication year
2025
Publication date
Summer 2025
Publisher
Comparative Labor Law & Policy Journal
Place of publication
Champaign
Country of publication
United States
ISSN
1095-6654
Source type
Scholarly Journal
Language of publication
English
Document type
Journal Article
ProQuest document ID
3235409142
Document URL
https://www.proquest.com/scholarly-journals/labour-against-law-contesting-restrictive-norms/docview/3235409142/se-2?accountid=208611
Copyright
Copyright Comparative Labor Law & Policy Journal 2025
Last updated
2025-11-07
Database
ProQuest One Academic