In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power...

When laws cease to operate as intended, legislators and scholars tend to propose new laws to replace or amend them. This Article posits an alternative: offering regulated parties the opportunity to contractually bind themselves to behave ethically. The perfect test case for this proposal is...

This paper was presented at a symposium, hosted by the Florida International University Law Review during March 2011 to celebrate the 75th anniversary of the enactment of the National Labor Relations Act. Dean R. Alexander Acosta, himself a former Board member, tasked the panelists not only with...

In 2001, 2007 and 2011 the Supreme Court of Canada’s decisions recognized, step by step, the right to bargain collectively as a part of the constitutionally enshrined freedom of association in the Canadian Charter of Rights and Freedoms. These Supreme Court decisions have the potential to...

There has been an explosion of labour contract disputes in China. The authors surveyed participant demographics, experience and opinions concerning the arbitration of these disputes under the local government Labour Dispute Arbitration Bureau (LAB) in the city of Dalian, Liaoning Province....

Following the enactment of the NLRA in 1935, American Federation of Labor craft unions had difficulty organizing persons employed in manufacturing industries since most failed to fit within the jurisdictions of particular unions. The AFL formed the Committee for Industrial Organization to...

This Article proposes that Congress amend the National Labor Relations Act (NLRA) to remove its definitional exclusion of agricultural laborers as employees. When Congress created this exclusion in 1935, it gave this matter only passing thought while focusing on industrial employment. It...

The authors analyse why the institution of non-unionised employees' representatives (NER) is created if its functions overlap with those of the unions, including collective bargaining and information-consultation. We aim to find how NERs are created and what their role in comparison to unionised...

The temporary placement industry has seen remarkable growth both in France and in Quebec over the past few decades. Interim workers hired by temporary work agencies to provide work services within end user businesses have seen an increase in their ranks over the past twenty years. However, if...

Should a state adopt a Right to Work law? This question has been and continues to be hotly contested. In brief, Right to Work laws prohibit unions from including certain types of union security clauses in their contracts with companies that effectively force the company to make their employees...