The Law of Work
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
  • Home
  • About
  • Professor David Doorey
  • In the Media
  • Books
  • Guest Contributors
  • Useful Links
    • Archive
The Law of Work
Law of Work Archive

Bronfenbrenner on Employer Anti-Union Behaviour

by David Doorey May 24, 2009
written by David Doorey May 24, 2009

Kate Brofenbrenner of Cornell’s Industrial Relations School has released her new study of employer responses to union organizing campaign.  Jeff Hirsch of the American Workplace Law Prof blog has done a nice summary of the report, so I will just link to his post, where you can find the study, as well as an executive summary of her findings. Note that she finds that 34% of employers dismissed employees and 57% threatened to close the workplace and fire the employees if the union was successful.  With these sorts of numbers, the credibility of American employers is severely strained when they argue that all they want is a ‘fair vote’ in union elections, don’t you think?
Several Canadian academics have conducted similar sorts of studies on Canadian employer responses to union activity.  Here is a paper by Karen Bentham of the University of Toronto (a published version appears as, “The Incidence and Impacts of Employer Opposition to Union Certification: A Study of Eight
Canadian Jurisdictions.” (2002) Relations Industrielles/Industrial Relations. Vol. 57, No. 1. pp. 160-188).  Here is another paper that touches on the subject, by Chris Riddell of Queens.  These studies appear to indicate that Canadian-based employers have not behaved as poorly as American employers (in terms of breaking the law).  Some academics argue that this has much to do with the fact that the Canadian model of union recognition simply gives employers less opportunity to engage in the sort of anti-union activities their U.S. counterparts prefer (when we have had a card-check model and even now with the ‘fast-vote’ model in place in much of Canada), and because the punishment for doing so is harsher here (remedial certification).  What do you think of that explanation?

These are arguments used right now in the U.S. in favour of the Employee Free Choice Act, which would move the Americans towards the ‘Canadian’ model.
Other studies exploring Canada include:

Thomason, Terry and Silvana Pozzebon (1998) ‘Managerial Opposition to union certification in
Quebec and Ontario.’ Industrial Relations/Relations Industrielles, 53(4), pp.750-69.

Riddell, Chris (2001) ‘Union suppression and certification success.’ Canadian Journal of
Economics, 34(2), pp.396-410

Charlotte Yates & F. Martinello, “Union and Employer Tactics In Ontario Organizing Campaigns” in Advances in Industrial and Labor Relations, Vol. 13, edited by David Lewin and Bruce Kaufman, (New York:  Elsevier) 2004, pp. 157-190.

0 comment
0
FacebookTwitterLinkedinEmail
David Doorey

Professor Doorey is a Full Professor of Work Law and Labour Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

Leave a Comment Cancel Reply

You must be logged in to post a comment.

previous post
Free Markets and Human Rights
next post
Oh no. LCBO Workers Vote to Strike!

You may also like

This Blog Entry is About the Lunacy of...

July 21, 2019

A Cross Country Update on the Card-Check versus...

October 3, 2018

The Folly of Not Voting to Strike in...

September 16, 2018

Unifor Posts Photos of Replacement Workers as Gander...

September 10, 2018

A Wrongful Dismissal Case and the Absence of...

August 29, 2018

China Said to Quickly Withdraw Approval for New...

August 27, 2018

The Latest Hot E-Commerce Idea in China: The...

August 27, 2018

The Trump Administration Just Did Something Unambiguously Good...

August 27, 2018

Unstable Situations Require Police In Riot Gear Face...

August 27, 2018

Trump’s War on the Justice System Threatens to...

August 27, 2018


Follow Us On Social Media

Substack
Bluesky

BlueSky Latest Posts

No posts available.

Categories

  • Alberta
  • Artificial Intelligence
  • Australia
  • British Columbia
  • Charter of Rights and Freedoms
  • Childcare
  • Class Action
  • Climate and Just Transition
  • Collective Bargaining
  • Common Law of Employment
  • Comparative Work Law
  • competition law
  • construction
  • Constructive Dismissal
  • COVID-19
  • Diversity
  • Employee Classification
  • Employment Insurance
  • Employment Regulation
  • Europe
  • Financial Industry
  • Fissured Work
  • Freedom of Association
  • frustration of contract
  • Gender
  • Gig Work
  • Health and Safety
  • Health Care
  • Human Rights
  • Immigration
  • Interest Arbitration
  • International Law
  • Labour Arbitration
  • Labour Economics
  • Law of Work Archive
  • Legal Profession
  • Manitoba
  • Migrant Workers
  • Minimum Wage
  • New Zealand
  • Newfoundland
  • Nova Scotia
  • OLRB
  • Ontario
  • Pension Bankruptcy
  • Privacy
  • Public Sector
  • Quebec
  • Real Life Pleadings
  • Saskatchewan
  • Scholarship
  • Sports Labour
  • Strikes and Lockouts
  • Student Post
  • Supreme Court of Canada
  • Tax Law
  • technology
  • Transnational Law
  • Uncategorized
  • Unions and Collective Bargaining
  • United States
  • Videos
  • Women and Work
  • Wrongful Dismissal
  • Home
  • About
  • Guest Contributors
Menu
  • Home
  • About
  • Guest Contributors
  • Legal Scholarship
  • Useful Links
  • Archive
Menu
  • Legal Scholarship
  • Useful Links
  • Archive

2020. Canadian Law of Work Forum. All Rights Reserved.