Does pro-union collective bargaining legislation increase a country's rate of union membership? Contrary to conventional thinking, this paper argues that a number of significant pro-union labor laws may actually reduce union membership rates. The paper develops a series of closely-related models...

Most collective bargaining regimes operate by establishing a right to bargain collectively at enterprise or industry level. In theory, the law operates to facilitate collective bargaining by providing that employers must not refuse to bargain collectively with employee representatives where a...

Although often viewed as a dismal failure, the National Labor Relations Act (NLRA) has been remarkably successful. While the decline in private sector unionization since the 1950s is typically viewed as a symbol of this failure, the NLRA has achieved its most important goal: industrial...

Federal sector unionism is a paradox. Despite the outlawry of union-security provisions and strikes, sharp limits on the scope of collective bargaining (outside the U.S. Postal Service and airport air traffic controllers), and the absence of card-check certification, federal employees join...

This article outlines the current state of the law regarding conduct that, while otherwise protected by Section 7 of the National Labor Relations Act, nonetheless involves workplace profanity or offensive speech that potentially violates employer civility rules and equal employment opportunity...

The Coronavirus (COVID-19) employment law amendments are a peculiar invention arising out of the unprecedented economic times which we are facing as a nation. This article looks at the legislative responses to the Coronavirus pandemic in the area of employment law. It sets out the pre-existing...

China's transition to a market economy with ‘Chinese characteristics' has fundamentally transformed the foundations of its labour market and the relationship between state, labour, and capital. Since the 2000s, there has been a proliferation of labour laws, policies, and institutions for...

Digital transformation and the reorganization of the firm have given rise to new forms of work that diverge significantly from the standard employment relationship. Advocates of digital disruption suggest that the existing legal framework cannot accommodate “innovative” working templates and...

This paper argues that employers should adopt practices that provide employees with opportunities to exercise voice. Time and time again, we see corporate scandals that could have been avoided if employees were encouraged to speak up when they saw problems in the workplace. Recent scandals...