Abstract

http://ssrn.com/abstract=712211
 
 

Citations (2)



 


 



Labor Law and Industrial Peace: A Comparative Analysis of the United States, the United Kingdom, Germany, and Japan under the Bargaining Model


Kenneth Glenn Dau-Schmidt


Indiana University Maurer School of Law


Tulane Journal of International & Comparative Law, Vol. 8, p. 117, 2000

Abstract:     
In this Article, Professor Dau-Schmidt provides a comparative analysis of the labor laws of the United States, the United Kingdom, Germany, and Japan for the purposes of identifying which characteristics of a country's labor laws are likely to reduce strike incidence and intensity and promote industrial peace. To identify which characteristics of a country's law are likely to encourage industrial peace, Professor Dau-Schmidt presents game theory arguments based on his analysis of unions and collective bargaining. Dau-Schmidt then provides a simple empirical test as to the relative success of different countries' laws in advancing industrial peace by comparing data on the number of days lost per thousand organized workers for each of the examined countries.

Dau-Schmidt finds that countries, such as Germany and Japan, that encourage the sharing of information between employers and employees and effectively prohibit certain strategic behaviors by the parties, enjoy the most success in promoting industrial peace. In contrast, like United Kingdom, which has historically left collective bargaining unregulated even to the point of not enforcing voluntary agreements to arbitrate, suffers by far the worst record of encouraging industrial peace. Somewhere in between those two extremes lies the United States with requirements for limited exchanges of information and less effective prohibitions on strategic behavior, and intermediate success in encouraging industrial peace.

Number of Pages in PDF File: 30

Keywords: Labor Law, Comparative, Industrial Peace, Law and Economics

JEL Classification: J50, J51, J52, K31

Accepted Paper Series


Download This Paper

Date posted: April 28, 2005  

Suggested Citation

Dau-Schmidt, Kenneth Glenn, Labor Law and Industrial Peace: A Comparative Analysis of the United States, the United Kingdom, Germany, and Japan under the Bargaining Model. Tulane Journal of International & Comparative Law, Vol. 8, p. 117, 2000. Available at SSRN: http://ssrn.com/abstract=712211

Contact Information

Kenneth Glenn Dau-Schmidt (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-0697 (Phone)
812-855-0555 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 2,595
Downloads: 289
Download Rank: 58,701
Citations:  2

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.672 seconds