Who’s Afraid of Collective Action?

Source: Kelsey Bleiweiss, OnLabor blog, April 1, 2016

The law of the workplace is in the midst of a critical debate about collectivity.

In case after case courts and the National Labor Relations Board have fought over the availability of collective action in two areas relevant to workers: class actions and class arbitration. (Union rights and collective bargaining represent a third area, but the debate over this kind of collective action is beyond the scope of this post.) These forms of collective legal action have been considered legitimate legal tools at one point, so why has recent law undercut workers who band together to use those tools?