Certification Delay Under Elections and Card-Check Procedures: Empirical Evidence from Canada

Posted: 14 May 2011  

Michele Campolieti

University of Toronto at Scarborough - Division of Management

Chris Riddell

University of British Columbia (UBC)

Sara Slinn

York University - Osgoode Hall Law School

Date Written: October 1, 2007

Abstract

This paper examines the determinants and consequences of delay in the union certification process using data from certification applications and unfair labor practice complaints (ULPs) from British Columbia (1986-98) and Ontario (1993-98). During the period studied, there were several changes in delay-related laws, including laws regulating the presence and stringency of election time limits and the availability of expedited ULP hearings. Key findings are that ULPs against the employer reduced the likelihood of compliance with time limit laws except where expedited ULP hearings also existed; employer-filed objections to the application reduced the likelihood of compliance; and election delay reduced the likelihood of certification success both in policy regimes without time limits and in those where stipulated time limits were frequently breached. Overall, the results suggest that enforced time limits on elections coupled with expedited ULP hearings may substantially mitigate the adverse effects of election delay on certification success.

Keywords: Delay, Unfair Labor Practice Complaints, Time Limits, Certification Success

JEL Classification: J53, J58, J59

Suggested Citation

Campolieti, Michele and Riddell, Chris and Slinn, Sara, Certification Delay Under Elections and Card-Check Procedures: Empirical Evidence from Canada (October 1, 2007). Industrial and Labor Relations Review, Vol. 61, No. 1, 2007. Available at SSRN: https://ssrn.com/abstract=1839715

Michele (Mike) Campolieti (Contact Author)

University of Toronto at Scarborough - Division of Management ( email )

1265 Military Trial
Scarborough, Ontario M1C 1A4
Canada

Chris Riddell

University of British Columbia (UBC) ( email )

2329 West Mall
Vancouver, British Columbia BC V6T 1Z2
Canada

Sara Slinn

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario
Canada
(416) 736-5052 (Phone)

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