Tuesday, June 15, 2010
David Doorey (York University) has posted on SSRN his new piece: Decentring Labour Law.
Here is the abstract:
Workplace law has always been “decentred”, in the sense that it has rarely relied exclusively on “command and control” style regulation. Governments have long recognized the usefulness of harnessing private actors (like the “public” and unions) towards achieving employment policy goals. In one sense, therefore, contemporary scholarship on decentred regulation, or “New Governance”, might be perceived to have little to offer labour and employment law scholars. On the other hand, there may be some useful insights in this literature towards the challenge of reforming a North American labor law model based in mid-twentieth century thinking. This paper explores this potential by proposing a fundamentally different way of thinking about the contemporary objective of the Wagner model in North America. The paper considers a novel proposal for workplace law reform that involves harnessing the threat of unionization to influence the management decision-making matrix in ways that might encourage firms to improve compliance with employment-based statutes while, at the same time, carves out a potentially useful new role for union organizers and worker advocates.
David's piece adds an interesting international perspective to the increasing calls for workplace law reform based on the new governance model.
Check it out.