The Hot-Cargo Clause

The author offers a comparative examination of the use and legal operation of hot-cargo clauses in collective agreements in Canada and the United States. He examines the function and use of such clauses to evade legislative and common law restrictions on the conduct of a partial boycott during the term of a collective agreement. A review is also made of leading Canadian and American decisions concerning the validity of such clauses, and relevant provincial and American labor legislation. In conclusion, the author questions whether the public interest is served by such private agreements which permit the proliferation of the ambit of a labor dispute.