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Despite the fact that the American Wagner model is the foundation of labour law in both Canada and the United States, that law has evolved in different ways in the two countries. The author argues that this can be accounted for by adopting a historical-institutionalist perspective, which explains differences by looking at formative historical conditions and the institutional norms and traditions to which they gave rise. The conditions and norms the author identifies in each country lead him to conclude that the Canadian and American Wagner models are driven by different underlying rationales: the American version is predominantly concerned with economic gain and limited state interference, whereas the Canadian version seeks to maintain order and stability through the exercise of state control. For the time being, Canada's version has proved more effective at sustaining higher levels of union density. The paper then asks what these differences might tell us about the future of labour law and unionization in Canada. The author argues that Wagnerism in Canada has been a double-edged sword. While it has given unions greater institutional security, that same security has discouraged labour leaders from pursuing meaningful reforms to avoid union decline. The author also observes that there has been an erosion of the distinct institutional norms and traditions that have historically prevailed in Canada, brought on by an ideological shift towards neo-liberalism and globalization. From a historical-institutionalist perspective, however, policies that deviate too far from a nation's historical trajectory are unlikely to survive for long.
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A comment is presented of Richard P. Chaykowski and George A. Slotsve's "Government Administered Workplace Surveys and Industrial Relations in Canada" (2002). Their article comments on Godard's 2001 article, "New Dawn or Bad Moon Rising? Large Scale Government Administered Workplace Surveys and the Future of Canadian IR Research."
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This article discusses the potential advantages of large scale, government administered workplace surveys and the limitations of these surveys in the past. It then reviews and 1995 AWIRS, the 1998 WERS, and the 1999 WES in accordance with how well they appear to have succeeded in overcoming these limitations, and, more generally, with their implications for the conduct of industrial relations research. It is argued that the 1995 AWIRS does not appreciably overcome the limitations of previous surveys.
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American labour law is broken. As many as 60 percent of American workers would like to have a union, yet only 12 percent actually do. This is largely due to systematic employer interference, often in violation of existing laws. The Employee Free Choice Act (EFCA), currently before Congress, contains provisions to rectify this problem. Canada's experience with similar provisions can be helpful in evaluating the arguments surrounding this act. It suggests that the reforms proposed in EFCA can be expected to safeguard rather than deny employees' free choices. They will not alter the balance of power in collective bargaining, but only help to ensure that workers can exercise their basic right to meaningful representation at work and, potentially, to win gains that could help to reduce inequality and return America to prosperity.