The Courts and Collective Bargaining, 59 Chicago-Kent Law Review 969 (1983)
The combination of exclusivity and free collective bargaining has
shaped and given special flavor to the American system of industrial
relations. The impact upon labor relations has been a great and positive
achievement, casting credit both upon those who designed the system
and those who have made it work. Where it has not been defeated
by union indifference or management intransigence, collective bargaining
has helped employees to achieve greater power, wealth and dignity.
The widespread use of seniority as a result of collective bargaining and
the almost automatic limitation on the employer's right to discharge
have helped to establish the idea that employees, through their work,
develop a legally enforceable claim to their jobs and that most management
decisions affecting significant employee interests must be based
on legitimate objective standards. Through bargained for pensions and
supplemental benefits, employees are provided protection for their old
age and a cushion against unemployment.
Date of Authorship for this Version
industrial relations, labor relations
Getman, Julius G., "The Courts and Collective Bargaining" (1983). Faculty Scholarship Series. Paper 4401.