Exclusive Representation and the Wagner Act: The Structure of Federal Collective Bargaining Law

Source: Raymond Hogler Labor Law Journal, Vol. 58 no. 3, Fall 2007

Conditions for collective bargaining in the United States are poor and deteriorating. A large body of labor law scholarship documents the weakness of legal protections and processes designed to promote unionism in this country. Professor Morris’s theory about minority union bargaining is offered as a means of strengthening unions in a hostile environment. This article argues that the strategy is a risky one because it invites a resurgence of company unions, which threatened to overwhelm the modern American labor movement at its inception in the 1930s. A better option would be for labor to attack the root source of its contemporary decline. The three pillars of collective bargaining as envisioned by Wagner are independent unions, exclusive representation, and organizational security. The malignancy of right to work laws has destroyed one of those pillars. Morris’s vision of going back to the future would eliminate the other two.

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