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The Demise of Collective Bargaining in the USA: Reflections on the Un-American Character of American Labor Law
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Sammanfattning
The present article is concerned with "the deep-running social attitudes, political values, or historical traditions" of the United States and the structure of its labor laws. The thesis of the article is that U.S. labor and industrial relations legislation is in stark disaccord with basic US values. US labor law is very collectivist, entails heavy doses of non-voluntarism and requires much and detailed intervention by the federal government, all features that are inimical to basic values in US society. The explanation to this surprising state of affairs is that US labor law was enacted during a period of extreme crisis in the country, i.e. the great depressen of the 1930's. This called for extraordinary measures. When things went back to normal the US was stuck with a crisis type labor legislation. The demise of unions, collective bargaining and collective labor law generally in the US is closely linked to this paradox. |
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The Demise of Collective Bargaining in the USA: Reflections on the Un-American Character of American Labor Law |
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Texten har även publicerats i:
Berkeley Journal of Employment and Labor Law, vol. 15, number 2, 1994. |
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