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How Attorney Representation and Adjudication Affect Canadian Arbitration and Labor Relations Board Decisions

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  • MARK HARCOURT

Abstract

Few studies have investigated the effects of either attorney representation or attorney adjudication on arbitration board decisions, and none has investigated these effects on labor relations board decisions. I examine the effects of lawyers, as both representatives and adjudicators, on arbitration and labor relations board decisions in an analysis of 272 Canadian discipline cases involving the right to refuse unsafe work. My results show that the employee is more likely to have management's discipline overturned if she uses a lawyer when the employer does not. However, the employer gains no comparable advantage by hiring a lawyer when the employee does not. In addition, neither side benefits by hiring a lawyer when both do so. Attorneys are also no more or less likely than non-attorneys to overturn or reduce management's discipline.

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  • Mark Harcourt, 2000. "How Attorney Representation and Adjudication Affect Canadian Arbitration and Labor Relations Board Decisions," Journal of Labor Research, Transaction Publishers, vol. 21(1), pages 149-159, January.
    • Handle: RePEc:tra:jlabre:v:21:y:2000:i:1:p:149-159
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    Cited by:

    1. Danielle Venn, 2009. "Legislation, Collective Bargaining and Enforcement: Updating the OECD Employment Protection Indicators," OECD Social, Employment and Migration Working Papers 89, OECD Publishing.

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