
| | First
as an academic and arbitrator in Ontario (1965-73), then as Chair of the B.C.
Labour Relations Board (1973-78), and finally as a Professor at Harvard University
(1979 to the present), Paul Weiler has developed a reputation as "the foremost
labour law scholar in North America" (Financial Post profile). Besides
producing seminal articles on arbitration (The Role of the Labour Arbitrator:
Alternative Versions, 1969), Weiler is the author of two leading policy-oriented
treatises on labour law (Reconcilable Differences, 1980 and Governing
the Workplace, 1990). Since 1981, Professor Weiler has held the prestigious
post of Henry J. Friendly Professor of Law at Harvard Law School. A
reformer by nature, and a pragmatist by experience, Professor Weiler has written
and spoken widely on the need for a pluralist approach to labour relations, one
which recognizes the importance to society of balancing countervailing powers,
and of giving that balance concrete form through progressive labour laws administered
by effective labour boards. But Weiler has not contented himself with explication;
throughout his career, theory and practice have intersected, to the benefit of
both. Thus, during his tenure at the B.C. Labour Relations Board, he fashioned
and then administered a modern, progressive Labour Relations Code, which
remains the cornerstone of labour relations law in B.C. and has had a major influence
on labour law and policy across Canada. Subsequently, while at Harvard, he was
appointed by President Clinton as Chief Counsel to the U.S. (Dunlop) Commission
on the Future of Worker-Management Relations, and in influential articles has
consistently called for changes that would encourage collective bargaining and
level the playing field between labour and management. In
constitutional law, too, Weiler's contribution has been considerable, first as
author of the groundbreaking analysis of the Supreme Court of Canada (In the
Last Resort, 1974), and then, in the early eighties, as adviser to the federal
government in the drafting of the Charter of Rights. During that same decade,
acting as special counsel to the Ontario government, he undertook a comprehensive
examination of the province's workers' compensation scheme, and his reports led
to fundamental changes in policy and administration, including creation of the
Workers' Compensation Appeals Tribunal. In
a profile published in the Labour Arbitration Yearbook (1996-97), Professor Morley
Gunderson, of the University of Toronto's Centre for Industrial Relations, eloquently
described Professor Weiler's achievements: "There
are a variety of ways to capture the essence of Weiler's myriad contributions.
He continues to break down the barriers between the ivory tower and the real world
by illustrating the relevance of sound academic scholarship to key issues of practical
and policy importance. He illustrates that it is possible to be an expert in a
wide range of areas and to apply theory to practice in important areas such as
arbitration, the reform and design of labour codes and workers' compensation systems,
constitutional reform, and medical malpractice. He proves that it is possible
to advance controversial propositions, such as the 'notwithstanding' clause in
the Constitution and mandatory representation at the workplace, and yet maintain
impeccable credentials in the academic and policy community. He demonstrates that
it is possible to be a 'citizen of the world' and a key policy advisor in more
than one country. He is living proof that it is possible to be a 'sports nut'
as well as a world-renowned academic and policy and political advisor. Above all,
he exemplifies that it is possible to do all of this and to indulge other passions
in life at the same time."
As
Professor Gunderson concludes: "Perhaps the ultimate tribute to Paul Weiler
is that any one of these accomplishments would be an exceptional achievement.
That he has achieved all of them is testimony to a truly remarkable career." |