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Full-Text Articles in Law

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus Jul 2012

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


A Model Of Responsive Workplace Law, David J. Doorey Jul 2012

A Model Of Responsive Workplace Law, David J. Doorey

Osgoode Hall Law Journal

The North American model of workplace law is broken, characterized by declining frequency of collective bargaining, high levels of non-compliance with employment regulation, and political deadlock. This paper explores whether the theory of “decentred regulation” offers useful insights into the challenge of improving compliance with employment standards laws. It argues that the dominant political perspective on workplace regulation today is managerialist. Politicians with a managerialist orientation reject both the pluralist idea that collective bargaining is always preferred and the neoclassical view that it never is. Managerialists accept a role for employment regulation and unions, particularly in dealing with recalcitrant employers …