North American Border Wars: The Role of Canadian and American Scholarship in U.S. Labor Law Reform Debates
Michael J. Zimmer
Loyola University Chicago School of Law
Thomas Jefferson School of Law
February 12, 2013
Rules, Policies and Method: The Legacy of Marco Biagi in Labour Relations Today (Alberto Russo & Iacopo Senatori, eds., Giappichelli 2012)(in Italian Forthcoming).
Hofstra Labor and Emploment Law Journal, Vol. 30, No. 1, 2012-13
Loyola University Chicago School of Law Research Paper No. 2012-002
Thomas Jefferson School of Law Research Paper No. 2018005
Originally presented by the authors on March 19, 2012 in Modena, Italy at the Tenth Annual Comparative Labour Law Conference in Commemoration of Marco Biagi.
The economies of Canada and the United States and the organization of their societies are deeply interrelated but significant differences exist. This article briefly traces the interaction between the two countries in the development of labor relations laws with a particular emphasis on the impact of scholarly work on U.S. labor law reform debates in the last two decades. Instructive for that purpose is the work of Professor Paul Weiler, a prominent figure in labor law policy discussions in both countries. A significant architect of labor law in Canada, Professor Weiler came to Harvard Law School in 1978 and brought his experience and insights with him, rapidly becoming one of the foremost labor law scholars in the United States. His influence in the 1990s, and hence the influence of Canadian ideas, on the ultimately unsuccessful labor law reform proposals of President Clinton’s Dunlop Commission is widely recognized.
Professor Weiler’s proposals are once again the basis for scholarly and policy debate. This time, however, Canadian ideas and experience have prompted a scholarly border skirmish. Recently, when new legislation – the Employee Free Choice Act – was proposed to Congress to implement a number of reforms of the National Labor Relations Act based on the Canadian experience, several U.S. academics argued that the actual Canadian experience where these reforms were in place resulted in higher unemployment and slower economic growth. Canadian labor scholars, fearing the corrosive effects of such critiques on their own labor relations regime, responded with rejoinders challenging the work of the American scholars. Clearly, and notwithstanding American provincialism, Canadian-influenced labor law scholarship has played a central role in U.S. policy debates, creating a favorable intellectual environment for labor law convergence. Yet the opponents of U.S. labor law reform also deploy scholarship aimed at the Canadian experience in order reinforce the divergent paths of the two systems, as do Canadian scholars acting defensively to forestall greater convergence of the Canadian regime to the U.S. model.
Number of Pages in PDF File: 26
Keywords: Labor Law, Comparative Law, Law and Society, Paul Weiler, Canadian Labor Law, Employee Free Choice Act, Marco Biagi Conference Papers
JEL Classification: J58, K31
Date posted: March 10, 2012 ; Last revised: February 16, 2013