Labour legislation regulating Canada's private sector has incorporated forms of broaderbased or sectoral certification and bargaining (BBB) in varying degrees for decades, particularly in British Columbia and Quebec. However, BBB had not been the subject of significant post-war labour law reform...

Although Canada and the US have both adopted labor relations legal frameworks based on the Wagner model, labor relations has played out very differently in the two countries. This is particularly evident in the countries' divergent trajectories of changing union density. In recent decades the US...

Digital workers have not had significant success in securing conventional forms of collective workplace representation, particularly statutory collective bargaining. This article examines an established sectoral bargaining statute, the Status of the Artist Act (SOA), as a possible model for...

American labour law is broken. As many as 60 percent of American workers would like to have a union, yet only 12 percent actually do. This is largely due to systematic employer interference, often in violation of existing laws. The Employee Free Choice Act (EFCA), currently before Congress,...

Amid the scholarly dialogue regarding amending labor certification procedures, there have been calls for the adoption of internet, electronic and/or telephonic representation voting (IETV) procedures in representation elections. To date, most labor relations agencies in the United States and...

This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more...

Labour legislation was amended to require that a union applying to certify a group of employees must obtain at least 50% of the ballots in a mandatory representation vote. These amendments eliminated the card-based certification system that had prevailed until this time, under which a...

This article proposes a new theoretical framework - the strategic dynamic certification model - to explain how union certification processes operate. Statutory certification procedures are not neutral. Instead, they produce particular incentives, disincentives, and opportunities for employers,...

Employee workplace representation for members of the Royal Canadian Mounted Police (RCMP) has been a contentious issue for much of the organization’s history. In recent decades the Staff Relations Representation Program or SRRP) has been subject to a series of legal challenges, including...

During the pandemic employees in the US have engaged in a wave of strikes, protests and other collective action over concerns about unsafe working conditions, and many of these involved non-unionized workers in the private sector. Similar employee protests were notably absent in Canada. This...