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The Wagner Act.docx

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Justice Studies
Stefan Idziak

The Wagner Act Model and the Principle of Exclusivity  Wagner Act create din US and adopted in Canada in the 30s. o mandatory certification procedure which allows a union to become exclusive bargaining agent of for emploeyes and to compel employer to bargain.  voluntary recngition also possible.  Key features are exclusivity and majority rule.  May have made more sense in old, large vertically integrated companies.  basic principle of organization in canada remains exclusivity and majoirty rule o don't even need 50% of all employees, just 50% of those who vote o there will always be some forced to unionzie.  Employers are the ones who insisted on votes o gave them time to react and take steps against a union  Employer may still voluntarily recognize union  the content of the bargaining unit often a source of contraversy o large units have more power o many small unions with one employer multiplies the chance of strike and unrest  Globalization has meant the cost of labour is increasingly important Roy Adams, "Union Certification as an Instrument of Labor Policy: A Comparative Perspective"  Other countries do not generally divide up into small bargaining units which require majority support.  Employer view here is that people outside the workplace have no business in the welfare of the enterprise, will just cause disruption.  Employers demanded that the majority of employees would need to support the union for it to have effect o this was embedded in the Wagner act.  Certification makes union activity possible, but the process also has advantages for the employer o it can contest organization campaigns o certification has dissipated calls for general indsutrail improvements  noncertified employers feel justified in behavinig in autocratic and high-handed ways. o employers are banend from seeking employee representation in other ways.  employers no longer have any duty to seek democracy in the workpalce- this responsibility is seen as falling wholly on unions. Sanford Jacoby, "Social Dimensions of Global Economic Integration"  Global economy change labour relations  greater mobility of capital means that nations must rely on human talent and infrastructure to keep investments.  economic growth and producitity has slowed since the 1970s while financial markets internationalized  MNCs have spread and fruther increased globalization  globalization has had mainly negative effect on labour. o compeition from lost-cost natiosn puts downwards pressure on wages and benefits. o industry moving to more high-tech sectors, but this undermines the demand for blue-collar manual workers, who form the unions base.  Historically, insdutry wide cmpromises which took "wages out of competition" were acceptable to employer, since they knew their competitors would be paying the same and so woiuldn't be at a disadvantage o but as indsutries globalize, this standardization is impossible. o and the mere threat of outsourcing weakens unions' bargaining strength Harry Arthurs, "Reinventing Labor Law for the Global Economy"  Globalization puts employees from different regions directly in competition with one another o in competition both for jobs, and for the lowest wages and the highest productivity  No way of standardizing workplace benefits and rights, since all of these pools of workers are in different sovereign nation.  Further,
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