Labour against the law? Contesting the restrictive norms of industrial legality through unlawful strikes
Osgoode Hall Law School of York University
2025
1-40
All Papers
388
Law
https://digitalcommons.osgoode.yorku.ca/all_papers/388
English
"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."
Digital
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.