In 2000, for the first time in more than seventy years, a candidate from the opposition parties won the presidential election in Mexico against the PRI (Partido Revolucionario Institutional). Vicente Fox, from the PAN (Partido Accion Nacional), a party historically geared to questioning the old...

Numerous studies have highlighted the existing mismatch between labour laws conceived for bipartite relations involving an employee and a single and clearly identifiable employer, and tripartite labour relations ensuing from the new modes of organizing production adopted by firms in search of...

This paper explores whether union members in a members-only non-majority union (MONMU) are entitled to a Weingarten right, that is, the right to request a union representative at a workplace investigatory interview that might reasonably lead to discipline. The National Labor Relations Board...

Purpose – European social protection arrangements have undergone significant transformations since the mid-1970s. However, while the existing literature has focused on reforms in public welfare arrangements, an analysis of both public and private social protection is needed to understand the...

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,...

Although there is a wide diversity of labor laws among the industrialized democracies of the world, two common purposes behind these laws are the fostering of employees' right to collectively bargain and the promotion of industrial peace. Certainly these are shared purposes behind the laws of...

This article explores the effect of a legislated change in certification procedure in Ontario in 1995, from a card-check system to a mandatory vote system. The author concludes that introduction of mandatory votes had a highly significant negative effect on the probability of certification. In...

Since the 1930s, the fundamental tenet of American labor law has been the government should foster employee organization and regulate industrial relations to promote equity in bargaining between employers and employees and to promote industrial peace. Those who enacted our basic labor laws, as...

Cost reduction is one of the desirable results frequently attributed to Alternative Dispute Resolution (ADR) processes. Although it is reasonable to assume that businesses always are interested in saving money, this goal takes on added importance when the economy is struggling. The cost savings...

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...