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We can't overcome? A case study of freedom of contract and labor law reform

Article Abstract:

New Zealand's Employment Contracts Act 1991 (ECA) has brought sudden change to the labor market in New Zealand by allowing employees to negotiate directly with employers, and the challenges that New Zealand unions have faced may be instructive for US unions. ECA enactment has resulted in sharp declines in union membership and has increased unemployment. The free market principles of the ECA have shifted bargaining power into the hands of the largest party, which is usually the employer. Some unions have weathered the ECA through effective organizing and representation.

Economic aspects, New Zealand, Labor unions

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Rethinking the National Labor Relations Act and zero-sum labor law: an industrial relations view

Article Abstract:

The industrial labor relations system has developed attributes that prevent effective change and fail to reduce conflict. The National Labor Relations Act (NLRA) was created to encourage labor-management cooperation while protecting the interests of employers, unions and employees, but unions have failed to amend the Act to keep it effective. Instead of the public nature of labor law, a more viable system would include labor, management, and neutral representatives. This system worked in the US during World War II and continues to be effective in Canada.

Social aspects, Canada, Labor policy

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Collective bargaining theory and the doctrine of implementation of final offers collide

Article Abstract:

The National Labor Relations Act collective bargaining doctrine of implementation has been over-applied since the mid-1980s, resulting in an erosion of the balance of power between labor and management. The doctrine, allowing employers' unilateral implementation of their final offers where bona fide extended impasses have occurred, has become the rule rather than an exception. Legislative action addressing the resolution of impasses is necessary to halt employers' bad faith bargaining allowed under this doctrine.

Labor arbitration

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