Publication Date

1-1-1998

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Labor Arbitration, Labor, Employment, Civil rights, National Labor Relations Act (NLRA), National Labor Relation Board (NLRB), Taft-Hartley Act of 1947

Abstract

For the better part of this decade, labor law scholars have turned their attention increasingly to labor law reform. And for good reason. Private sector unionization has fallen from a high of forty percent in the mid-1950s to a low of about eleven percent today. Many reasons—ranging from employer resistance to unionization to union inability to organize in the Sunbelt—explain this decline. Some scholars even suggest that a critical factor has been the Taft-Hartley Act of 1947, whose amendments to the Wagner Act, it is argued, have erected insurmountable barriers to unionization and collective bargaining.

After fifty years, it seems clear that the ambitious experiment of government-controlled unionization in this country has regressed. And, even if that regression is not entirely attributable to the Taft-Hartley Act itself, if unionization continues its decline, then it will indeed be true that "what the state [has] offered workers and their organizations [presumably through laws like Taft-Hartley, is] ultimately no more than the opportunity to participate in the construction of their own subordination."

Rights Holder

Roberto L. Corrada, Catholic University Law Review

File Format

application/pdf

Language

English (eng)

Extent

22 pgs

File Size

1.4 MB

Publication Statement

Copyright held by the author. User is responsible for all copyright compliance.

This article was originally published as Roberto L. Corrada, The Arbitral Imperative in Labor and Employment Law, 47 Cath. U. L. Rev. 919 (1998).

Volume

47

First Page

919

Last Page

940

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