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A Search for Common Ground

其他書名	Labor Law Reform for the Long Haul
出版	SSRN, 2023
URL	http://books.google.com.hk/books?id=LHUy0AEACAAJ&hl=&source=gbs_api

註釋We don't know if or when the legislative filibuster in the Senate will end. It would be useful to start thinking about what I call “Labor Law Reform for the Long Haul” -- sensible changes to the basic labor law (the National Labor Relations Act of 1935, as amended (NLRA, or Act). 29 U.S.C. § 151 et seq.). as amended by the Labor Management Relations Act of 1947, 29 U.S.C.§ 141 et seq.(LMRA or Taft-Hartley Act), that can attract substantial bipartisan support and will not result in useless, endless policy oscillation, as each new administration repeals the legislated “wish list” of the previous administration.There are at least five areas of reform that should be considered: (1) bolstering the acceptability and durability of secret-ballot representation elections; (2) strengthening the remedial authority of the National Labor Relations Board (NLRB or Board); (3) encouraging labor unions to take more responsible positions in dealing with discharges and other grievances by reducing the fear of jury verdicts and damages liability for questions of judgment as to whether to take a case to arbitration; (4) reducing the politicization of the NLRB and its processes; and (5) opening up the possibilities for employee voice and consultation with management in the non-union sector.Some may feel there is no room for compromise, for reform in the bitterly contested labor field which view as strictly a zero-sum game: management loses if labor wins, and vice versa. The likely decline of the legislative filibuster opens up possibilities, as suggested above. Unions know that many of the items in their ideal labor reform wish-list are not obtainable absent what would amount to a political revolution, but they are firmly of the view that change is necessary if private-sector unionism and collective bargaining are to have any future. Employers are also aware that younger generations of workers display a growing interest in organizing, that the absence of collective bargaining solutions has generated a plethora of state and local employment laws and quasi-labor lass termed “sectoral bargaining” to fill the gap. If employers wish to retain secret-ballot elections and the opportunity to express their views on the union attempting to organize their people and on the merits of unionism in general, and whether if the union prevails, the terms of any contract will be freely chosen rather than imposed by compulsory interest arbitration or government dictate, they have to seriously consider whether their interests are truly advanced by simply retaining the status quo. It is in the spirit of encouraging labor and management to address reasonable, sustainable compromise that this paper is written.