The Canadian variant of the Wagner Act model has provided employees with the right to form and join a union in order to influence wages and working conditions. Still, since the advent of Wagnerism not even half of the Canadian workforce has ever been unionized. This thesis explores the reasons for and consequences of the current representation gap in Canada and specifically focuses on the impact on the protection of fundamental employee rights, both in the courts and within the enterprise. The author identifies key differences through a comparison with the German dual structure of employee representation.;Finally, the author suggests the creation of a labour tribunal that would be accessible to organized and unorganized employees in order to reduce the social consequences of the representation gap. (Abstract shortened by UMI.).;This paper examines the historical and legal background of German works councils, as well as recent empirical studies on their economic outcome in order to assess whether works councils could be beneficial for labour, management, and trade unions. With regard to the representation gap, the author concludes that works councils could facilitate cooperation between trade unions and employers to make employee representation more accessible for employees while at the same time providing a minimum standard of representation in every Canadian plant.
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