Labour Unions and Anti-Combines Policy
Osgoode Hall Law Journal 14 (1976) 113-160
48 Pages Posted: 20 May 2013 Last revised: 23 Jun 2013
Date Written: 1976
Abstract
The author discusses conflicting justifications for anti-combines legislation and labour relations legislation, and how these two areas of law interact to impact business competition and labour unions. Part B considers American jurisprudence, which espouses both anti-combines policies and collective bargaining laws. American courts have addressed the application of anti-trust laws to the activities of labour unions, and the accommodation of apparently conflicting policies regarding restraint of trade and labour-management relations. Part C presents an overview of the Canadian approach to anti-combines policy and collective bargaining law, including a history of anti-combines legislation, a discussion of the accommodation of trade unions in the Criminal Code and Combines Investigation Act, and subsequent judicial interpretation of the legislation. In Part D, the author proposes solutions for reconciling anti-combines policies and labour regulation in Canada.
Keywords: Canada, Canadian, law, anti-combines, labor, labour, unions, collective, bargaining, anti-trust, Combines, regulation, history, Criminal Code, competition, monopoly, business, union
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