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The Impact of Anti-Temporary Replacement Legislation on Work Stoppages: Empirical Evidence from Canada

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  • Paul Duffy
  • Susan Johnson

Abstract

Legislation that prevents the hiring of temporary replacement workers during a work stoppage is controversial. "Anti-temporary replacement worker" legislation (ATR) or "anti-scab" legislation is currently in effect in Quebec and British Columbia and existed for a short period of time in Ontario. This paper uses variation over time (1978-2003) and across provinces to provide empirical evidence concerning the impact of ATR on work stoppages. The results show that ATR increases strike incidence and decreases strike length - both effects are statistically significant and substantial in magnitude. Incidence and length have opposing effects on days lost to work stoppages. Empirical results provide weak evidence that anti-scab legislation may increase days lost to work stoppages in the first two years after the legislation takes effect but no evidence that such legislation has a statistically significant effect on days lost when it has been in effect for more than two years.

Suggested Citation

  • Paul Duffy & Susan Johnson, 2009. "The Impact of Anti-Temporary Replacement Legislation on Work Stoppages: Empirical Evidence from Canada," Canadian Public Policy, University of Toronto Press, vol. 35(1), pages 99-120, March.
  • Handle: RePEc:cpp:issued:v:35:y:2009:i:1:p:99-120
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    File URL: http://dx.doi.org/10.3138/cpp.35.1.99
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    1. Budd, J.W., 1993. "Canadian Strike Replacement Legislation and Collective Bargainig : Lessons for United States," Papers 93-08, Minnesota - Industrial Relations Center.
    2. Peter Cramton & Morley Gunderson & Joseph Tracy, 1999. "The Effect Of Collective Bargaining Legislation On Strikes And Wages," The Review of Economics and Statistics, MIT Press, vol. 81(3), pages 475-487, August.
    3. Morley Gunderson & John Kervin & Frank Reid, 1989. "The Effect of Labour Relations Legislation on Strike Incidence," Canadian Journal of Economics, Canadian Economics Association, vol. 22(4), pages 779-794, November.
    4. Gunderson, Morley & Melino, Angelo, 1990. "The Effects of Public Policy on Strike Duration," Journal of Labor Economics, University of Chicago Press, vol. 8(3), pages 295-316, July.
    5. Peter Cramton & Joseph Tracy, 2003. "Unions, Bargaining and Strikes," Papers of Peter Cramton 02ubs, University of Maryland, Department of Economics - Peter Cramton, revised 05 Sep 2002.
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