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The Law of Work
Law of Work Archive

Some More (Mis)Information About the American Employee Free Choice Act

by David Doorey February 11, 2009
written by David Doorey February 11, 2009

Walter Olsen at the blog Point of Law provides a list of links to current arguments about the proposed Employee Free Choice Act, most of it negative, since this is a right of centre blog.  There’s a shorter editorial piece by Richard Epstein linked.  
The link also references Doorey’s Workplace Law Blog for the completely incorrect assertion that Americans can look to Ontario for the havoc that the EFCA would cause.  In fact, Ontario does not have a “card-check” model of union recognition (except in the construction industry), which the EFCA would introduce.  It has a mandatory vote model.  And the point about the York University strike being a reflection of Ontario’s “union friendly climate” is also nonsense and based on a complete ignorance of Canadian and American labour law.  In fact, the U.S.’s strike laws are considerably more favorable to unions than the laws anywhere in Canada.  In fact, Canada has one of the most restrictive strike regimes of all advanced economic countries.  For one example of how American workers enjoy a broader right to strike than Canadian workers, see this Guest Blog by Professor Hirsch.  Besides getting the facts wrong, Mr. Olsen is also guilty of doing precisely what his pal Epstein tells us not to do:  take extreme cases (such as the strike at York) and then use it as evidence of the failings of an entire model of labour relations. 
With all the hyperbole happening in the U.S. these days about labor law reform, be careful what you read.  There is a lot of misinformation being bantered about.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial 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.).

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David J. Doorey🇨🇦 @TheLawofWork@mas.to Follow

Law Prof. Talking #labor & #employment #law to the masses. @YorkUniversity @OsgoodeNews @LSELaw @CLJEHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

TheLawofWork
thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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My fingers are just too big to play an A chord on the #guitar.

Otherwise I would be a rock star. This is the only thing holding me back.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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Not seen comparable stats for Canada.There are terminations, but also better laws in most Canadian jurisdictions, including

- remedial certification
- interim reinstatement
- card-check/quick votes

“1 in 5 workers in US is fired for organizing a union” https://onlabor.org/labor-law-reform-is-needed-for-unions-to-succeed/

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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This is Canada's federal Minister of Labour.

Bill 377 was a labor bill disguised as a tax law (so Cons could pretend it was federal jurisdiction) that buried unions in red tape & reporting requirements not applicable to any other orgs.

https://www.parl.ca/Content/Bills/411/Private/C-377/C-377_3/C-377_3.PDF

Bill 525 ...

1/2

Seamus O'Regan Jr @SeamusORegan

Bills 377 and 525 were two of the most anti-worker, union-bashing bills this country has ever seen - put forward by the Harper Conservatives.

We scrapped them. We believe in unions. We believe in workers.

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