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

Paul Duffy and Susan Johnson

Canadian Public Policy, 2009, vol. 35, issue 1, 99-120

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.

Date: 2009
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