The Continuity of Collective Action and the Isolation of Collective Bargaining: Enforcing Federal Labor Law in the Obama Administration

Source: Craig Becker, Berkeley Journal of Employment and Labor Law, Vol. 33 no. 2, 2012
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…Collective bargaining, like a class action, is a legal mechanism designed to facilitate and institutionalize concerted activity in order to redress “inequality.” Among the Board’s central duties is to insure that that mechanism remains available to employees who wish to utilize it. During my tenure, the Obama Board took several modest steps to insure the continued accessibility of collective bargaining to employees in today’s workplace. But the accomplishment of that task requires initiating a wider discussion that reveals the continuity of collective action and its centrality both within the structure of the NLRA and more widely in insuring a just workplace….