Freedom of Association and Compulsory Unionism in Sweden and the United States

Freedom of Association and Compulsory Unionism in Sweden and the United States

Clyde W. Summers, Yale Law School

Description

Collective bargaining in a democratic society rests on freedom of association which enables workers (and employers) to form organiza- tions to represent their interests. Although commonly asserted by the organization, freedom of association is not simply a collective right vested in the organization for its benefit. Freedom of association is an individual right vested in the individual to enable him to enlarge his personal freedom. Its function is not merely to grant power to groups, but to enrich the individual's participation in the democratic process by his acting through those groups.