The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan

in "Enterprise Law: Contracts, Markets, and Laws in the US and Japan" 81-99 (Zenichi Shishido ed. 2014)

21 Pages Posted: 19 Apr 2013 Last revised: 15 Mar 2015

See all articles by Kenneth Glenn Dau-Schmidt

Kenneth Glenn Dau-Schmidt

Indiana University, Maurer School of Law

Benjamin Ellis

Indiana University

Date Written: August 29, 2011

Abstract

In this paper, we examine and compare the impact of American and Japanese labor law on the relative bargaining power of the labor and management within the context of the new global economy based on information technology. We begin by providing a simple economic definition of bargaining power and examining how it can be influenced by economic and legal factors. Next, we discuss the impact of new information technology and the global economy on the employment relationship and how this has decreased union bargaining power relative to management bargaining power. Finally, we compare various facets of American and Japanese labor law that have a significant impact on the parties' relative bargaining power and discuss how one might expect American and Japanese unions to fare in their negotiations with management in the new economic environment.

Keywords: Unions, Labor Law, Collective Bargaining, United States, Japan, Comparative, Bargaining Power, Law and Economics

JEL Classification: J5, J51, J52, J53, J58, K31, N30

Suggested Citation

Dau-Schmidt, Kenneth Glenn and Ellis, Benjamin, The Relative Bargaining Power of Employers and Unions in the Global Information Age: A Comparative Analysis of the United States and Japan (August 29, 2011). in "Enterprise Law: Contracts, Markets, and Laws in the US and Japan" 81-99 (Zenichi Shishido ed. 2014), Available at SSRN: https://ssrn.com/abstract=1919088

Kenneth Glenn Dau-Schmidt (Contact Author)

Indiana University, Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-0697 (Phone)
812-855-0555 (Fax)

Benjamin Ellis

Indiana University ( email )

107 S Indiana Ave
100 South Woodlawn
Bloomington, IN 47405
United States

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