The Pitfalls of Embracing Minority Unionism

Abstract

In a series of recent cases involving the right to bargain collectively, the Supreme Court of Canada asserted that Wagner Act model, or a model of unionism which is both exclusive and majoritarian, need not be the only model available to workers in Canada (as is currently the case). Although the possible move away from Wagner Act unionism toward some form of minority unionism has received some support, this article argues that there are far too many dangers associated with minority unionism, namely, that it will be a corollary for right-to-work laws, will cause infighting between unions, and will divide and fragment workers’ sense of solidarity, and that the supposed benefits that may be attained through constitutionally protected minority unionism can, and should, be attained without it.