The Courts and Collective Bargaining

Abstract

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.