- Books: Ontario Labour Law Reform: A History and Evaluation of Bill 40

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Summary

Bill 40, An Act to Amend Certain Acts Concerning Collective Bargaining and Employment in Ontario, received its Royal Assent on November 5, 1992 and came into force in January 1993. This book provides an overview and evaluation of the amendments incorporated in Bill 40. More specifically, it evaluates the claims made by business groups and the opposition parties during the evolution of the bill that the process and substance of labour law reform under Bill 40 produced a fundamental shift of power to the trade unions, and thus undermined the traditional neutrality of governments in industrial relations. On the basis of an analysis of the amendments and a comparison with legislation in other Canadian jurisdictions, the authors conclude that Bill 40 is, in fact, quite in keeping with the postwar industrial relations theory of ‘industrial pluralism.' The book describes the theory of industrial pluralism, focuses on the political context of labour law reform in Ontario and the evolution of Bill 40. Then it looks at specific amendments and their operational implications, and the unions' and employers' views on and the government's rationale for these amendments. It concludes with the impact of Bill 40 since it came into force.

Biography

Harish C. Jain is Professor of Human Resources and Labour Relations at the Michael G. DeGroote School of Business at McMaster University. He is widely published in industrial relations journals and has authored and co-authored several publications in the areas of his expertise. He has acted as adviser/consultant to a number of organizations and commissions, including the Organisation for Economic Cooperation and Development in Paris and the Royal Commission on Distribution of Income and Wealth in the U.K. He is former president of the Canadian Industrial Relations Association.

S. Muthuchidambaram is Professor of Administration at the University of Regina. He teaches labour law, administrative law, comparative industrial relations, and business ethics. He has published extensively in learned journals and has wide experience in labour arbitration and dispute settlement.