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

  • Paul Duffy
  • Susan Johnson
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    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.

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    File URL: http://dx.doi.org/10.3138/cpp.35.1.99
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    Article provided by University of Toronto Press in its journal Canadian Public Policy.

    Volume (Year): 35 (2009)
    Issue (Month): 1 (March)
    Pages: 99-120

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    Handle: RePEc:cpp:issued:v:35:y:2009:i:1:p:99-120
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    1. 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.
    2. 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 779-94, November.
    3. 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.
    4. Budd, J.W., 1993. "Canadian Strike Replacement Legislation and Collective Bargainig : Lessons for United States," Papers 93-08, Minnesota - Industrial Relations Center.
    5. Peter C. Cramton & Morley Gunderson & Joseph S. Tracy, 1995. "The Effect of Collective Bargaining Legislation on Strikes and Wages," NBER Working Papers 5105, National Bureau of Economic Research, Inc.
    6. John W. Budd & Yijiang Wang, 2004. "Labor policy and investment: Evidence from Canada," Industrial and Labor Relations Review, ILR Review, Cornell University, ILR School, vol. 57(3), pages 386-401, April.
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