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

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.

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