1) “Unemployment Insurance and Labour Market Deregulation,” CAW, accessed November 28, 2013, http://www.caw.ca/en/
about-the-caw-policies-and-papers-unemployment-insurance-and-labour-market-deregulation.htm. Note: this was written prior to the current conservative government.
2) Jesse Kline, “Re-examining the Labour Movement,” National Post, June 9, 2012, accessed November 28, 2013, http://fullcomment. nationalpost.com/2012/09/06/jesse-kline-re-examining-the-labour-movement/
3) For a review of Bill 80’s effect on the construction industry, see: Richard Gilbert, “Unions ready for competition with passage of Saskatchewan’s Bill 80,” Daily Commercial News, July 22, 2010, accessed November 28, 2013, http://dcnonl.com/article/id39799. Full text of the changes to Saskatchewan’s Construction Industry Labour Relations Act, 1992, brought about by Bill 80, can be found here: “Construction Industry Labour Relations Amendment Act, 2010,” Legislative Assembly of Saskatchewan, 2010, accessed November 28, 2013, http://www.qp.gov.sk.ca/documents/english/Chapters/2010/Chap-7.pdf
4) Ontario Progressive Conservative Caucus White Paper, “Paths to Prosperity: Flexible Labour Markets,” accessed November 28, 2013, http://timhudakmpp.com/wp-content/uploads/Flexible-Labour-Markets.pdf.
5) Private Member’s Bill, “Bill C-377: An Act to Amend the Income Tax Act,” June 2, 2011 to September 13, 2013, accessed Novem- ber 28, 2013, http://www.parl.gc.ca/LEGISINFO/BillDetails.aspx?billId=5295287&Language=E&Mode=1.
6) Private Member’s Bill. “Bill C-525: An Act to Amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act,” June 2, 2011 to September 13, 2013, accessed November 28, 2013, http://www. parl.gc.ca/LegisInfo/BillDetails.aspx?Language=E&Mode=1&billId=6199370
7) “Trade Union Density,” Chart, OECDStat Extracts, accessed November 28, 2013, http://stats.oecd.org/Index.aspx?QueryId=20167.
8) “Table 282-0078: Labour force survey estimates (LFS), employees by union coverage, North American Industry Classification System (NAICS), sex and age group, annual (persons),” Statistics Canada, accessed, November 25, 2013. CANSIM. http://www5. statcan.gc.ca/cansim/a26?lang=eng&retrLang=eng&id=2820078&paSer=&pattern=&stByVal=1&p1=1&p2=38&tabMode=- dataTable&csid=
10) Government of Canada, Labour Program, “Union Coverage in Canada, 2012,” April 5, 2013. Accessed November 13, 2013, http://www.labour.gc.ca/eng/resources/info/publications/union_coverage/union_coverage.shtml
11) See, for instance: “A Partnership for the Future,” Telecommunications Workers Union, http://www.slideshare.net/unitedsteelwork- ers/usw-presentation-to-twu. For a presentation compiled for USW’s merger with the Telecommunications Workers Union. This merger failed to achieve the necessary 66 2/3% approval: “TWU: Steelworkers Merger Falls Just Short of 66 2/3% Approval Threshold,” Telecommunications Workers Union, accessed November 28, 2013, http://www.twu-stt.ca/en/twu-steelworkers-merger-falls-just-short-66-23-approval-threshold.
12) Government of Canada, Labour Program, “Union Cov- erage in Canada, 2012,” Workplace Information Divi- sion, Strategic Policy, Analysis, and Workplace Infor- mation Directorate. April 30, 2013, accessed October 4, 2013, http://publications.gc.ca/collections/collec- tion_2013/rhdcc-hrsdc/HS22-1-2013-04-30-eng.pdf
13) Tony Van Alphen, “New super-union Unifor’s first president vows to start pushing back if governments, employers don’t heed,” Toronto Star, August 31, 2013, accessed December 3, 2013, http://www.thestar.com/ news/gta/2013/08/31/new_superunion_unifor_elects_ first_president.html The opening speech of Jerry Dias, first president of UNIFOR, is a perfect example of this: “UNIFOR is here because it’s time to stop playing de- fense and start playing offence […] “It’s time to stop reacting and time to start acting. It’s time to set the agenda […] We have to show our collective power.”
14) Ray Pennings, Brian Dijkema and John Sikkema, “Competition or Regulation? Reforming Labour Relations in Canada,” Cardus Policy in Public. June 22, 2012. Accessed November 28, 2013, http://www.cardus.ca/policy/archives/3295/#Canadian_Labour_ Relations_System_B
15) “Health Care,” CAW, accessed November 28, 2013, http://www.caw.ca/en/sectors-health-care.htm
16) Constitution of the Canadian Labour Congress, “Article 5: Federations of Labour and Labour Councils,” May 2011, accessed November 26, 2013, http://www.canadianlabour.ca/sites/default/files/pdfs/constitution-english-2011.pdf
17) Nicole Stewart and Elyse Lamontagne, “Compensation Planning Outlook 2014,” The Conference Board of Canada, October 2013, http://www.conferenceboard.ca/e-library/abstract.aspx?did=5737
18) For a taxonomy of seven approaches to labour relations in the construction industry see: Ray Pennings, “Competitively Working in Tomorrow’s Construction,” Cardus Policy in Public, July 2002, accessed November 2013, https://www.cardus.ca/store/689/
19) Paul H. Rubin, “Emporiophobia (Fear of Markets): Cooperation or Competition?” Presidential Address, Southern Economic Association, Tampa, FL, November 23, 2013.
20) Kelly Lapointe, “OCS sees bargaining and project improvements,” Daily Commercial News, November 8, 2013, http://www.daily- commercialnews.com/article/id57760/--ocs-sees-bargaining-and-project-improvements#.Un0CfkhJwm8.twitter
21) Employment and Social Development Canada, “Table 221,” Labour Force Historical Review, Statistics Canada, 2012, http://www4. hrsdc.gc.ca/.3ndic.1t.4r@-eng.jsp?iid=14
22) Ontario Progressive Conservative Caucus White Paper, “Paths to Prosperity: Flexible Labour Markets,” June 2012, accessed No- vember 28, 2013, http://ontariopc.uberflip.com/i/103096/1
23) The WRP backed away from its support of right to work legislation at its most recent AGM; see: Colby Cosh, “In Alberta Politics, it’s out with the wild and in with the mild,” Maclean’s Magazine, October 30, 2013, http://www2.macleans.ca/2013/10/30/in-al- berta-politics-its-out-with-the-wild-and-in-with-the-mild/
24) Ray Pennings, Brian Dijkema and John Sikkema, “Competition or Regulation? Reforming Labour Relations in Canada,” Cardus Policy in Public. June 22, 2012. Accessed November 28, 2013, http://www.cardus.ca/policy/archives/3295/#Canadian_Labour_ Relations_System_B
25) Ray Pennings, “Has Harris Really Changed Things?” Cardus, May 2001, accessed November 28, 2013, http://www.cardus.ca/ comment/article/738/has-harris-really-changed-things/
26) For a brief review of studies outlining this advantage, see: Sharanjit Uppal, “Unionization 2011,” Statistics Canada, http:// www.statcan.gc.ca/pub/75-001-x/00902/4168247-eng.html ; or, Karla Thorpe, “The State of Canadian Unions: Down but Not Out,” The Conference Board of Canada, January 31, 2013, http://www.conferenceboard.ca/topics/humanresource/commentar- ies/13-01-31/the_state_of_canadian_unions%E2%80%94down_but_not_out.aspx
27) Benjamin Zycher, Jason Clemens, and Neils Veldhuis, “The Implications for US Labour Choice Laws for British Columbia and Ontario,” Fraser Institute, September 2013, http://www.fraserinstitute.org/uploadedFiles/fraser-ca/Content/research-news/re- search/publications/implications-for-US-worker-choice-laws-for-BC-and-ON.pdf
28) Ibid, 4.
29) Ibid. 7.
30) Ibid 6.
31) John Black, “rent-seeking,” Oxford Dictionary of Economics. Oxford University Press, 2009. 399.
32) In fact, many of the policies recommended by Cardus (Bill 80 in Saskatchewan, Bill 73 in Ontario) are aimed at specific instances of eliminating legal situations that encourage such rent-seeking. See also Brian Dijkema, “Cardus Construction Competitiveness Monitor,” Cardus Policy in Public, October 25, 2012, http://www.cardus.ca/research/workandeconomics/publications/
33) Mike Moffat, “Caterpillar closes plant because of economics, not unions,” Canadian Business, February 15, 2012, accessed Novem- ber 28, 2013, http://www.canadianbusiness.com/business-strategy/caterpillar-closes-plant-because-of-economics-not-unions/. The irony of this is that such “incentives” are exactly the type of policy response recommended by unions that represent workers in the manufacturing sector. See: Brian Dijkema, “Condemnations, Contradictions, and Rich Ironies,” Cardus Daily Blog, February 24, 2012, accessed November 28, 2013, http://www.cardus.ca/blog/2012/02/condemnations-contradictions-and-rich-ironies
34) “Working for Less: The Coming Threat to Union Security in Ontario,” Ontario Federation of Labour, February 2013, http://ofl. ca/wp-content/uploads/2013.02.10-Work4Less-Report-Web.pdf
35) Ibid. 13.
36) James Cowan, “Letting Employees Opt out of Unions Sounds Good, but it doesn’t Help,” Canadian Business, September 17, 2013. http://www.canadianbusiness.com/ blogs-and-comment/right-to-work-is-wrong/
37) Benjamin Collins, “Right to Work Laws: Legislative Background and Empirical Research,” Congressional Research Service, Decem-
38) Kevin Rinz, “The Effects of ‘Right to Work’ Laws on Wages: Evidence from the Taft-Harley Act of 1947,” Paper (Under Review), University of Notre Dame, Department of Economics, 2013, accessed November 28, 2013, http://www3.nd.edu/~krinz/Rinz_ RTW.pdf. This thorough and empirically sound paper from the University of Notre Dame’s Department of Economics notes that “Theoretically, the sign of [RTW laws’] effect on wages is ambiguous” and notes the difficulty represented by various endogenous variables inherent in the discussion. In response, the paper adopts an assumption which “solves” for this: the “use of variation induced by the federal Taft-Hartley Act of 1947…The fact that these states adopted RTW laws as soon as they could (or sooner) suggests that they would have had the laws in place much earlier had federal law permitted. The change in federal law and the im- mediate adoption of state RTW laws during this period do not appear to have been caused by the same underlying factors, so the timing of the introduction of RTW laws in these states is arguably exogenous” (p3). Note that this paper is highly sophisticated and empirical, and yet is based upon an assumption which, while plausible, does not, on its face, come close to settling the debate, and might in fact raise even more questions than it settles.
39) Ray Pennings, “Has Harris Really Changed Things?” Cardus, May 2001, accessed November 28, 2013, http://www.cardus.ca/ comment/article/738/has-harris-really-changed-things/
40) Both the Fraser Institute paper, and the Progressive Conservative Party of Ontario white paper focus heavily on the impact of Right To Work on manufacturing; something shared by many papers on this topic. See Fraser Paper (13) and PCPO paper, (7-8).
41) James Manyika, Jeff Sinclair, Richard Dobbs, Gernot Strube, Louis Rassey, Jan Mischke, Jaana Remes, Charles Roxburgh, Katy George, David O’Halloran and Sreenivas Ramaswamy, “Manufacturing the future: The next era of global growth and innovation,” McKinsey and Corporation, November 2012, http://www.mckinsey.com/insights/manufacturing/the_future_of_manufacturing
42) Gordon, Stephen. The Canadian Manufacturing Sector, 2002-2008: Why Is It Called Dutch Disease? http://policyschool.ucalgary. ca/?q=content/canadian-manufacturing-sector-2002-2008-why-it-called-dutch-disease
43) Brian Dijkema, “Hewers of Wood and Drawers of Water, or a Land Flowing with Milk and Honey?” Cardus Policy in Public.. November. 2012, http://www.cardus.ca/policy/archives/3771/ See also Cardus’s forthcoming paper (Jan. 2014) “Canada’s New Industrial Revolution”
44) “Working for Less: The Coming Threat to Union Security in Ontario,” Ontario Federation of Labour, February 2013, http://ofl. ca/wp-content/uploads/2013.02.10-Work4Less-Report-Web.pdf
45) See, for instance: David Card, Thomas Lemieux, and W. Craig Riddell, “Unionization and Wage Inequality: A Comparative Study of the U.S., the U.K., and Canada,” NBER Working Paper No. 9473, January 2003.
46) See for instance Stephen Gordon’s (admittedly limited) post which suggests that the “link - either in theory or in the data - be- tween unionization rates and increases in inequality across occupations. (Inequality within an occupation is a different story)” is tenuous: Stephen Gordon, “What is the link between unionization and equality?” Worthwhile Canadian Initiative: A Mainly Cana- dian Economics Blog, September 2013, http://worthwhile.typepad.com/worthwhile_canadian_initi/2013/09/what-is-the-link-be- tween-unionisation-and-inequality.html
47) “Canadian Union of Public Employees Submission to the House of Commons Standing Committee on Finance for the 2012 Federal Budget Consultations,” CUPE, August 2011, accessed November 28, 2013, http://www.parl.gc.ca/Content/HOC/Com- mittee/411/FINA/WebDoc/WD5138047/411_FINA_PBC2011_Briefs%5CCanadian%20Union%20of%20Public%20Employ- ees%20E.pdf
48) Government of Canada, “Seizing Canada’s Moment: Prosperity and Opportunity in an Uncertain World,” Speech from the Throne, October 16, 2013, http://speech.gc.ca/sites/sft/files/sft-en_2013_c.pdf
49) Ontario Ministry of Finance, “Labour Relations and Compensation,” Public Service for Ontarians: A Path to Sustainability and Excellence, 2012, http://www.fin.gov.on.ca/en/reformcommission/chapters/ch15.html#ch15-a
51) Brian Lee Crowley, “Public Sectors workers should not have a right to strike,”The Macdonald-Laurier Institute, January 10, 2013, accessed November 2013, http://www.macdonaldlaurier.ca/mli%E2%80%99s-crowley-in-postmedia-newspapers-public-sector- workers-should-not-have-a-right-to-strike/
52) Elections Ontario reports that public sector unions contributed $5,393,382.42 towards various campaigns in the October 6, 2011 general elections in Ontario. For details see: Elections Ontario. “Third Party Reports TPAR-1,” accessed December 10, 2013, http://www.elections.on.ca/en-CA/Tools/FinancialStatementsandContributions/FilingStatus/2011Third+Party+Reports.htm This issue is likely best addressed through policies aimed at political financing laws – similar to those passed at federal level – rather than at the labour relations level.
53) Cf. “Guiding Principles,” Labour Watch, accessed December 10, 2013, http://www.labourwatch.com/about/principles
54) “Labour Rights under Attack,” Canadian Foundation for Labour Rights, accessed December 10, 2013, http://www.labourrights.ca/
55) Compare, for instance, “Freedom of Association: Trade Union Rights Worldwide,” Map, ICTUR, 2012, accessed December 10, 2013, http://www.ictur.org/pdf/ICTUR-FOA-map-2012.pdf and “Trade Union Density,” Chart, OECDStat Extracts, accessed November 28, 2013, http://stats.oecd.org/Index.aspx?QueryId=20167. with “Economic Freedom Map,” Economic Freedom Network, accessed December 10, 2012, http://www.freetheworld.com/ef_map.html
56) The legal framework surrounding freedom of association and collective bargaining remains unsettled. The rulings that have been made offer some support for our policy framework – state neutrality on the manner of collective bargaining. Commentators note that “ meaningful good faith bargaining right [does] not require the importation of Wagner model notions of exclusivity and majoritarianism or a statutory mechanism for resolving bargaining impasses and disputes regarding the interpretation or adminis- tration of any collective agreement arrived at.” See: Paul E. Broad, “The Fraser Decision: The Supreme Court of Canada Revisits Chartered-Scope of Collective Bargaining Rights,” Hicks Morley, May 2011, accessed November 28, 2013, http://www.hicksmor- ley.com/index.php?name=News&file=article&sid=941
57) Merit Canada, Union Transparency, http://www.meritcanada.ca/meritcms/;
58) Canadian Union of Postal Workers (CUPW), http://www.cupw.ca/1/4/2/4/6/index1.shtml
59) Christian Labour Association of Canada (CLAC), A Union that Works, http://clac.ca/
60) See, for instance, Ray Pennings, “Collective Representation: a Conservative Defense,” Comment, September 1, 2004, accessed December 10, 2013, http://www.cardus.ca/comment/article/233/collective-representation-a-conservative-defense/
61) For an example here, see: Jacob Levy, “Thoughts on Unions,” Bleeding Heart Libertarians: Free Markets and Social Justice, June 6, 2012, accessed December 10, 2013, http://bleedingheartlibertarians.com/2012/06/3087/
62) Ray Pennings, “Beyond Talking: Practical Steps Towards cooperative Labour Relations,” Comment. September 1, 2001, accessed November 28, 2013, http://www.cardus.ca/comment/article/1292/beyond-talking-practical-steps-towards-cooperative-labour-rela- tions/
63) Ray Pennings, “A Road Map Through Ontario Employment Law” Comment, March 1, 2000, accessed November 28, 2013, http://www.cardus.ca/comment/article/1419/a-road-map-through-ontario-employment-law/
64) Brian Dijkema, “Conservative Bill Forcing Union Disclosure is Costly and Inefficient,” Globe and Mail, November 2012, http:// www.cardus.ca/columns/3682/ and Brian Dijkema, “When it Comes to Unions Big isn’t Always Better,” Calgary Herald. January 10, 2013. http://www.cardus.ca/columns/3841/
65) Cf. http://www.mcgill.ca/prpp/ and Douglas Farrow, “On the Ethics and Religious Culture Program,” Report from Expert Witness, January 2010, http://www.mcgill.ca/prpp/sites/mcgill.ca.prpp/files/Farrow_ERC_Report.pdf p.14-15 in which many of the concerns pertaining to group rights, the role of the state to impose one particular view on a particular group, and the role of individuals are analogous to some of the discussions occurring on the question of the Rand formula.
66) Ray Pennings, “Has Harris Really Changed Things?” Comment, May 1, 2001, http://www.cardus.ca/comment/article/738/has-har- ris-really-changed-things/
68) Jacob Levy, “Thoughts on Unions,” Bleeding Heart Libertarians: Free Markets and Social Justice, June 6, 2012, accessed December 10, 2013, http://bleedingheartlibertarians.com/2012/06/3087/
69) “China Labour Bulletin,” Map, accessed December 10, 2013, http://www.numble.com/PHP/mysql/clbmape.html
70) Jacob Levy, “Thoughts on Unions,” Bleeding Heart Libertarians: Free Markets and Social Justice, June 6, 2012, accessed December 10, 2013, http://bleedingheartlibertarians.com/2012/06/3087/
71) That this occurred in both Hamilton and Waterloo, and led to the creation of labour monopoly of hundreds of millions of dollars of public construction work only underscores the affront to democracy represented by such practices. See: Brian Dijkema, “Cardus Construction Competitiveness Monitor,” Cardus, 2012.
72) Currently there are equal penalties for coercion but the jurisprudence, established over time, has effectively created different tests for coercion, at least in the case of Ontario.
73) For the rationale behind efforts to make detailed public expenditures public, see: Brian Dijkema, “Conservative Bill Forcing Union Disclosure is Costly and Inefficient,” Globe and Mail, November 2012, http://www.cardus.ca/columns/3682/ and, Louis Fourtin, Yourri Chasin, and Michel Kelly Gagnon, “The Financing and Transparency of Unions,” Montreal Economic Institute, October 2011, accessed December 10, 2013, http://www.iedm.org/files/cahier1011_en.pdf, especially pp. 25-27. We address these arguments in full here: Ray Pennings, Brian Dijkema and John Sikkema, “Competition or Regulation? Reforming Labour Relations in Canada,” Cardus Policy in Public. June 22, 2012, accessed November 28, 2013, http://www.cardus.ca/policy/archives/3295/#Cana- dian_Labour_Relations_System_B
74) Provincial Government of Ontario, “Labour Relations Act, 1995,” Service Ontario, 1995 – 2009, accessed December 10, 2013, http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_95l01_e.htm#BK2
75) Brian Dijkema, “Labour Storms,” Cardus Daily Blog, September 2012, accessed November 28, 2013, http://www.cardus.ca/ blog/2012/09/labour-storms
76) Brian Dijkema, “Statement to the Standing Committee on Transport, Infrastructure and Communities” Cardus, May 21, 2013, http://www.cardus.ca/organization/news/176/
77) Paul H. Rubin, “Emporiophobia (Fear of Markets): Cooperation or Competition?” Presidential Address, Southern Economic Association, Tampa, FL, November 23, 2013.