Labor Law: Org/Coll Bargain

What do American labor unions do? In a nutshell, they negotiate and enforce contracts ('collective-bargaining agreements') that govern wages, hours, and working conditions for employees who work in unionized firms. From an employee's perspective, the contracts unions secure are typically superior to those governing non-union workers in at least three respects. First, they provide a wage-and-benefit package that is on average 10-to-15 greater (in terms of total dollar value) than those provided by similarly situated non-union firms. Second, most union contracts provide guarantees of job security-- no discharge or other discipline without just cause-- whereas most non-union workers are employed 'at will' and can be dismissed at any time for any reason not proscribed by positive law. Finally, union contracts come with their own enforcement mechanism: i.e., the labor union itself. Thus, a union employee who wishes to challenge a discharge or other adverse action need not hire a lawyer and mount a private lawsuit to enforce her contractual rights; rather, enforcement is secured by the union through a grievance-resolution process that is typically far faster, cheaper, and more effective than the judicial alternative. If unions provide American workers with such a terrific deal, it is fair to ask why so few contemporary workers seek and secure union representation? (Currently, just under 10 of the private-sector workforce belongs to unions, down from a post-World War II high of over 40 .) This course will explore that question and suggest a variety of possible legal, social, and economic explanations as we examine in some detail (a) the body of law governing union organizing (how workers go about getting a union in the first place, and the protections workers enjoy against employer and union coercion in that process) and (b) the law of collective bargaining (how unions secure and enforce collective-bargaining agreements, and the ways in which American law structures union power vis-a-vis employers).

Course Schedule

  • Date: Thursday 6:30-9:15PM
  • Location: Chase 110

Course Information

  • Catalog number-Section number: 766-10
  • Course Type: Lecture
  • Prerequisites: None
  • Credits (min/max): 3/3
  • Subjects:

Enrollment

  • Enrollment status: Open
  • Current enrollment/capacity: 46/70
  • Reserve population/capacity: 0/0
  • Waitlist enrollment/capacity: 0/20

Grading

  • Grade basis: Student option
  • Satisifies Writing Requirement: No
  • Exam type: TAKE HOME