E Tucker
Biographic Data
| ID | 39445 |
|---|---|
| NAME | E Tucker |
| GIVEN NAMES | E |
| FAMILY NAME | Tucker |
| SIGNATURE | TUCKER E |
| AFFILIATIONS | York University |
| ORCID | 0000-0002-9958-4311 |
| VERIFIED | Yes |
| TOTAL WORKS | 33 |
| TOTAL CITATIONS | 104 |
| AUTHOR COUNT | 33 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1983 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 6 |
Expanding on deaf children’s language in early intervention
Recent research has found that young deaf children can achieve typical language milestones; however, this finding is not the norm as many researchers still find a large part of their sample has language delays. Findings from these studies show that the youngest children are showing acquisition of many early linguistic skills in both sign and spoken languages. This language acquisition frequently becomes “spotty,” without the smooth, typical growt…
Exceptional Exceptionalism
Recently the federal government has invoked section 107 of the Canada Labour Code to order the end of otherwise lawful strikes. The government’s claim that the section provides it with this power is in dispute. This research report, adapted from an expert witness report prepared for the law firm representing one of the unions subjected to these orders, investigates the historical understanding of the section and its precursors dating back to its …
Chronicling the Assault on Union Freedoms
Franchising and the Extraction of Surplus Value
Nearly one in ten Canadians in the private sector works in the franchised sector of the economy. For the most part, franchisors operate as rentiers, extracting value from franchisees for the use of their brand. Research has demonstrated that this arrangement puts additional pressure on franchisees to extract surplus value from their employees that tend toward substandard and unlawful working conditions. In this scenario, franchisors benefit from …
The ‘contract’ and its discontents
Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that t…
Worker Participation in a Time of Covid
This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited - and in some cases no - effo…
Towards a political economy of platform-mediated work
Platform-mediated work, characterized as digital intermediation between workers and buyers of labour service, most famously exemplified by Uber, reveals how the transformation of the forces of production is reshaping relations of production. Using a political economy approach, this article takes us behind market exchanges between workers, platform operators, and clients to examine who extracts surplus value from workers, and how. It identifies tw…
Marxist Theories of Law Past and Present
Capitalist society seems particularly disorderly of late, a disorder contributing to the beginnings of what we hope will be a renewal of Marxist legal scholarship. This essay reviews some key developments in Marxist analysis of law from the 1970s to the present. Over all, our essay traces a back and forth between Marxists' emphasis on theoretical inquiry on the one hand and empirical and historical work inquiry on the other. We argue that Christo…
Freedom to Strike? What Freedom to Strike? Back-to-Work Legislation and the Freedom to Strike in Historical and Legal Perspective
The Employment Standards Enforcement Gap and the Overtime Pay Exemption in Ontario
Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that…
Unions in Court
Reviewed by: Unions in Court: Organized Labour and the Charter of Rights and Freedoms by Larry Savage and Charles W. Smith Eric Tucker Larry Savage and Charles W. Smith, Unions in Court: Organized Labour and the Charter of Rights and Freedoms (Vancouver: University of British Columbia Press 2017) The constitutionalization of labour rights in Canada is one of the most remarkable and, perhaps, unexpected developments in the 36 year history of the C…
Compensating Work-Related Disability
Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario
The purpose of this paper is to advance an approach to analyzing decision-making by front line public officials. The notion of discretion in front line decision-making has been examined widely in the law and society literature. However, it has often failed to capture the different kinds and levels of decisions that enforcement officials make. Taking an interdisciplinary approach that draws on political, sociological, and legal analysis, we propos…
Who's Running the Road? Street Railway Strikes and the Problem of Constructing a Liberal Capitalist Order in Canada, 1886–1914
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large‐scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers' collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimen…
Shareholder and Director Liability for Unpaid Workers' Wages in Canada
The essence of the contract of employment is the performance of service in exchange for wages. As such, labor assumes a commodity form—a capacity that is bought and sold in labor markets. But because labor cannot be separated from its bearer, and is not produced for the market, it has been widely recognized as a special or fictive commodity that has been the subject of a distinct legal regime. Historically, that distinct regime—here referred to a…
Self-Employed Workers Organize
Over a million self-employed Canadians work every day but many of them are not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective actio…
Self-Employed Workers Organize
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by…
Labour before the Law
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century,…
Pluralism or Fragmentation
In 1947, Bora Laskin, doyen of Canadian collective bargaining law, remarked that Labour relations as a matter for legal study... has outgrown any confinement to a section of law of torts or to a corner of criminal law. Similarly, and from another standpoint, it has burst narrow bounds of master and servant. That standpoint was liberal pluralism, which comprises collective bargaining legislation administered by independent labour boards and a syst…
Managing Major Hazards
Many organisations live with hazards that have the potential to cause disaster. This was the case at Moura underground coal mine in Central Queensland, where 11 men died in an explosion in 1994. Andrew Hopkins shows that the explosion was the result of organisational failure, and uses it to draw lessons about managing major hazards. He argues that there are always tell-tale signs of impending disaster, and that organisations need to find ways of …
Safety First
Lawyers against Labor
Forging Responsible Unions
At the turn of the century, the legislative, administrative, and judicial branches of the Canadian state responded to the labour conflicts associated with the second industrial revolution by simultaneously expanding both their coercive and their facilitative roles. This paper examines one aspect of this development, the rise of the labour injunction, through a study of a series of strikes conducted chiefly by metal workers in south central Ontari…
The Westray Mine Disaster and its Aftermath
Causation analysis is densely political in at least three ways. First, because causation is crucial to our system of attributing moral, legal and political responsibility, causation arguments are advanced for purely instrumental purposes. They do political work. Second, because any particular occurrence is the outcome of an almost infinite number of antecedent events, “but for” causation analysis produces trivial results. A judgement about causal…
The Faces of Coercion
Until recently, North American labor law historiography has been dominated by the view that the legal regime regulating trade unions and collective bargaining has passed through three stages of development: repression, toleration, and promotion. This evolutionary narrative served the function of justifying current collective bargaining schemes by showing them to be the progressive realization of political and industrial pluralism. Confidence in t…
Labour before the Law
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century,…
Assault on the Worker
Safety First
Law and the Shaping of the American Labor Movement
That Indefinite Area of Toleration
During the first three quarters of the nineteenth century, the question of whether trade unions in Ontario were criminal conspiracies under common law was never clearly determined. By examining the development and interaction of the legal and social zones of toleration we can illuminate how law was shaped by and shaped early struggles between workers and employers. The statutory reforms of 1872 clearly defined a narrow zone of legal toleration in…
Back to Work
Self-Employed Workers Organize
Over a million self-employed Canadians work every day but many of them are not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective actio…
Towards a political economy of platform-mediated work
Platform-mediated work, characterized as digital intermediation between workers and buyers of labour service, most famously exemplified by Uber, reveals how the transformation of the forces of production is reshaping relations of production. Using a political economy approach, this article takes us behind market exchanges between workers, platform operators, and clients to examine who extracts surplus value from workers, and how. It identifies tw…
Marxist Theories of Law Past and Present
Capitalist society seems particularly disorderly of late, a disorder contributing to the beginnings of what we hope will be a renewal of Marxist legal scholarship. This essay reviews some key developments in Marxist analysis of law from the 1970s to the present. Over all, our essay traces a back and forth between Marxists' emphasis on theoretical inquiry on the one hand and empirical and historical work inquiry on the other. We argue that Christo…
Administering Danger in the Workplace
The ‘contract’ and its discontents
Canada's Seasonal Agricultural Worker Program has often been portrayed as a model for temporary migration programmes. It is largely governed by the Contracts negotiated between Canada and Mexico and Commonwealth Caribbean countries respectively. This article provides a critical analysis of the Contract by examining its structural context and considers the possibilities and limitations for ameliorating it. It outlines formal recommendations that t…
Pluralism or Fragmentation
In 1947, Bora Laskin, doyen of Canadian collective bargaining law, remarked that Labour relations as a matter for legal study... has outgrown any confinement to a section of law of torts or to a corner of criminal law. Similarly, and from another standpoint, it has burst narrow bounds of master and servant. That standpoint was liberal pluralism, which comprises collective bargaining legislation administered by independent labour boards and a syst…
Forging Responsible Unions
At the turn of the century, the legislative, administrative, and judicial branches of the Canadian state responded to the labour conflicts associated with the second industrial revolution by simultaneously expanding both their coercive and their facilitative roles. This paper examines one aspect of this development, the rise of the labour injunction, through a study of a series of strikes conducted chiefly by metal workers in south central Ontari…
The Employment Standards Enforcement Gap and the Overtime Pay Exemption in Ontario
Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that…
Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario
The purpose of this paper is to advance an approach to analyzing decision-making by front line public officials. The notion of discretion in front line decision-making has been examined widely in the law and society literature. However, it has often failed to capture the different kinds and levels of decisions that enforcement officials make. Taking an interdisciplinary approach that draws on political, sociological, and legal analysis, we propos…
Worker Participation in a Time of Covid
This study examines worker voice in the development and implementation of safety plans or protocols for covid-19 prevention among hospital workers, long-term care workers, and education workers in the Canadian province of Ontario. Although Ontario occupational health and safety law and official public health policy appear to recognize the need for active consultation with workers and labour unions, there were limited - and in some cases no - effo…
Lawyers against Labor
Worker Participation in Health and Safety Regulation
The toll capitalist production takes on the lives and health of workers has been, and continues to be one of its least acceptable features. For this reason, the labour movement and political parties seeking labour's support have often made reform of occupational health and safety regulation a major objective. In recent years, for example, the New Democratic Party in Ontario has vociferously criticized the failures of the governments of the day to…
Making the Workplace 'Safe' in Capitalism
The development of industrial capitalism in the second half of the nineteenth century in Ontario brought new and more serious hazards into the workplace and drew women and children into the waged labour force. As a result of working class lobbying and the efforts of middle class reformers, the state empowered itself to regulate health and safety conditions in factories and to protect child and female labour. The implementation of these regulation…
Assault on the Worker
The Gospel of Statutory Rules Requiring Liberal Interpretation According to St Peter's
This paper does not evaluate the overall effectiveness of this technique, but rather focuses on one particular way in which the legislature has attempted to control judicial interpretation, the command to interpret statutes liberally and purposively. Typical of such a direction in section 10 of Ontario’s Interpretation Act. This essay proceeds historically. In the first section It examines the common law antecedent to section 10 of the Interpreta…
Making the Workplace 'Safe' in Capitalism
The development of industrial capitalism in the second half of the nineteenth century in Ontario brought new and more serious hazards into the workplace and drew women and children into the waged labour force. As a result of working class lobbying and the efforts of middle class reformers, the state empowered itself to regulate health and safety conditions in factories and to protect child and female labour. The implementation of these regulation…
That Indefinite Area of Toleration
During the first three quarters of the nineteenth century, the question of whether trade unions in Ontario were criminal conspiracies under common law was never clearly determined. By examining the development and interaction of the legal and social zones of toleration we can illuminate how law was shaped by and shaped early struggles between workers and employers. The statutory reforms of 1872 clearly defined a narrow zone of legal toleration in…
Back to Work
Worker Participation in Health and Safety Regulation
The toll capitalist production takes on the lives and health of workers has been, and continues to be one of its least acceptable features. For this reason, the labour movement and political parties seeking labour's support have often made reform of occupational health and safety regulation a major objective. In recent years, for example, the New Democratic Party in Ontario has vociferously criticized the failures of the governments of the day to…
Administering Danger in the Workplace
Law and the Shaping of the American Labor Movement
The Faces of Coercion
Until recently, North American labor law historiography has been dominated by the view that the legal regime regulating trade unions and collective bargaining has passed through three stages of development: repression, toleration, and promotion. This evolutionary narrative served the function of justifying current collective bargaining schemes by showing them to be the progressive realization of political and industrial pluralism. Confidence in t…
The Westray Mine Disaster and its Aftermath
Causation analysis is densely political in at least three ways. First, because causation is crucial to our system of attributing moral, legal and political responsibility, causation arguments are advanced for purely instrumental purposes. They do political work. Second, because any particular occurrence is the outcome of an almost infinite number of antecedent events, “but for” causation analysis produces trivial results. A judgement about causal…
Forging Responsible Unions
At the turn of the century, the legislative, administrative, and judicial branches of the Canadian state responded to the labour conflicts associated with the second industrial revolution by simultaneously expanding both their coercive and their facilitative roles. This paper examines one aspect of this development, the rise of the labour injunction, through a study of a series of strikes conducted chiefly by metal workers in south central Ontari…
Lawyers against Labor
Safety First
Pluralism or Fragmentation
In 1947, Bora Laskin, doyen of Canadian collective bargaining law, remarked that Labour relations as a matter for legal study... has outgrown any confinement to a section of law of torts or to a corner of criminal law. Similarly, and from another standpoint, it has burst narrow bounds of master and servant. That standpoint was liberal pluralism, which comprises collective bargaining legislation administered by independent labour boards and a syst…
Managing Major Hazards
Many organisations live with hazards that have the potential to cause disaster. This was the case at Moura underground coal mine in Central Queensland, where 11 men died in an explosion in 1994. Andrew Hopkins shows that the explosion was the result of organisational failure, and uses it to draw lessons about managing major hazards. He argues that there are always tell-tale signs of impending disaster, and that organisations need to find ways of …
Labour before the Law
In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century,…
Self-Employed Workers Organize
Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective action by…
Self-Employed Workers Organize
Over a million self-employed Canadians work every day but many of them are not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-disciplinary examination of the legal, political, and social realities that both limit collective actio…
Shareholder and Director Liability for Unpaid Workers' Wages in Canada
The essence of the contract of employment is the performance of service in exchange for wages. As such, labor assumes a commodity form—a capacity that is bought and sold in labor markets. But because labor cannot be separated from its bearer, and is not produced for the market, it has been widely recognized as a special or fictive commodity that has been the subject of a distinct legal regime. Historically, that distinct regime—here referred to a…
Who's Running the Road? Street Railway Strikes and the Problem of Constructing a Liberal Capitalist Order in Canada, 1886–1914
Street railway strikes in the late nineteenth and early twentieth centuries were frequently the occasion for large‐scale collective violence in North American cities and challenged the capacity of local authorities to maintain civic order. However, this was only the most visible manifestation of the challenge that street railway workers' collective action posed to the order of liberal capitalism, an order constructed on several intersecting dimen…
Making or Administering Law and Policy? Discretion and Judgment in Employment Standards Enforcement in Ontario
The purpose of this paper is to advance an approach to analyzing decision-making by front line public officials. The notion of discretion in front line decision-making has been examined widely in the law and society literature. However, it has often failed to capture the different kinds and levels of decisions that enforcement officials make. Taking an interdisciplinary approach that draws on political, sociological, and legal analysis, we propos…
Compensating Work-Related Disability
Unions in Court
Reviewed by: Unions in Court: Organized Labour and the Charter of Rights and Freedoms by Larry Savage and Charles W. Smith Eric Tucker Larry Savage and Charles W. Smith, Unions in Court: Organized Labour and the Charter of Rights and Freedoms (Vancouver: University of British Columbia Press 2017) The constitutionalization of labour rights in Canada is one of the most remarkable and, perhaps, unexpected developments in the 36 year history of the C…
The Employment Standards Enforcement Gap and the Overtime Pay Exemption in Ontario
Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that…
Towards a political economy of platform-mediated work
Platform-mediated work, characterized as digital intermediation between workers and buyers of labour service, most famously exemplified by Uber, reveals how the transformation of the forces of production is reshaping relations of production. Using a political economy approach, this article takes us behind market exchanges between workers, platform operators, and clients to examine who extracts surplus value from workers, and how. It identifies tw…
Political science (26 works) · Law (24 works) · Law (21 works) · Economics (14 works) · Labor Movements and Unions (14 works) · Business (12 works) · Politics (12 works) · Sociology (11 works) · Law and economics (8 works) · Canadian Identity and History (7 works)