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A Model of Responsive Workplace Law

David J. Doorey

York University

December 28, 2012

(2012) 50 Osgoode Hall Law Journal 47

The North American workplace law model is broken, characterized by declining collective bargaining density, high levels of non-compliance with employment regulation, and political deadlock. This paper explores whether 'decentred' or "new governance" regulatory theory offers useful insights into the challenge of improving compliance with employment standards laws. It argues that the dominant political perspective today is no longer Pluralist or Neoclassical, but 'Managerialist.' Politicians with a Managerialist orientation reject 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 who mistreat their employees. The fact that Managerialists and Pluralists agree on this latter point creates a space for potential movement on workplace law reform. A law that encourages high road employment practices, while fast-tracking access to collective bargaining for low road employers could both encourage greater compliance with employment regulation, while also facilitate collective bargaining at high risk workplaces. This paper examines lessons from decentred regulatory scholarship for the design of a legal model designed to achieve these results. In particular, it develops and assesses a 'dual regulatory stream' model that restricts existing rights of employers to resist their employees' efforts to unionize once they have been found in violation of targeted employment regulation.

Number of Pages in PDF File: 45

Keywords: labor, labour, labour law, labor law, employment law, regulatory theory, new governance, decentred regulation, unions, collective bargaining,risk

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Date posted: November 29, 2011 ; Last revised: September 3, 2014

Suggested Citation

Doorey, David J., A Model of Responsive Workplace Law (December 28, 2012). (2012) 50 Osgoode Hall Law Journal 47. Available at SSRN: https://ssrn.com/abstract=1965685

Contact Information

David J. Doorey (Contact Author)
York University ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
HOME PAGE: http://www.yorku.ca/ddoorey/lawblog/

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