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,...

The authors are engaged in a multi-dimensional project that analyzes Canadian private sector experience under provincial and federal labour statutes. The broad objective of the research is to draw nuanced lessons from the Canadian experience that will inform the debate over labour law reform in...

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...

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...

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...

The emergence of social media, from Facebook to Myspace and Linkedin to Twitter - much like the earlier evolution of email, IM and web 2.0 - have changed communications, expanding the virtual horizons for social networking and business promotion on these popular communications platforms....

Ontario and British Columbia, Canada, have not seen a police strike in living memory. The reason for this is the mandatory interest arbitration model adopted in the two provinces, which sees disputes that cannot be resolved by mutual bargaining referred to a panel of arbitrators who assess...

Globalization has led to union decline almost universally across the world's capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million...

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...

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...