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,...

This paper explores the benefits of using mediation in addressing employment discrimination disputes. It highlights the difficulties for those who expect too much out of mediation by expecting it to transform relations while exposing concerns with those who limit mediation's potential by...

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...

As the passage of Title VII approaches its fiftieth anniversary, this Article explores what may be thought of as the unlikely impact of the National Labor Relations Board (NLRB or Board) on anti-discrimination law principles used to protect employees. How an agency charged with enforcing labor...

It addresses the strike rights of employees in essential services in the United States of America. Unlike at least most European countries, U.S. laws do not define ‘essential services’ for the purpose of strike rights, and generally such laws do not follow the rules the International Labour...

Economic models of disputes often assume that the rules of the game are well understood and that parties know the possible consequences of their actions. In this paper we show the apparently unintended consequences of state-level legal innovations governing labor disputes that took place in the...

Technology Mediated Dispute Resolution (TMDR) presents opportunities and dangers that we cannot yet fully envision. Technologies are available or imminent, such as tele-immersion, that will dramatically change the ways we think about dispute resolution in a virtual environment. Whether or not...

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...

This Chapter was initially drafted during the Obama Administration. The Trans-Pacific Partnership Agreement (TPP) had been negotiated and, although it had not yet been ratified in the United States, the Administration and majority of policymakers were in favor of its implementation. Since that...