Read more
Informationen zum Autor Roger C. Hartley is Professor of Law at The Catholic University of America and an award-winning teacher of constitutional law and labor law. He is the author of four other books, including Monumental Harm: Reckoning with Jim Crow Era Confederate Monuments . Klappentext "A review of labor law exploring the decline of union power and demonstrating how collective bargaining can continue to support worker power and improve economic outcomes for workers and communities despite macro shifts in the US economy over the past 40 years"-- Zusammenfassung An insightful and evidence-based assessment of our urgent need to enact labor law reform—and how to achieve it. Millions of non-union workers want unionization, but our current labor-management relations law conspires to deny them meaningful opportunities to secure collective workplace representation. The resulting low rates of collective bargaining impose economic, political, and social costs on us all. In Fulfilling the Pledge, Roger Hartley addresses the plight of American workers, who face a grim, uncertain future, as the digital workplace reshapes the hierarchical post–World War II industrial relations system that once gave workers a voice. Through empirical evidence and the lens of law and policy, Hartley examines what industrial sociologists call the chronic “representation gap” and clarifies how a wide-ranging movement could build a vocal constituency for the congressional enactment of labor law reform. The pledge made in the 1935 National Labor Relations Act to encourage establishment of industrial democracy—where workers possess a voice in their places of work—remains unfulfilled. Speaking to policymakers, scholars, historians, and the average citizen, Fulfilling the Pledge makes a compelling case for collective workplace representation that serves the greater good, even as American labor relations law continues to undermine collective bargaining by workers and becomes an increasingly significant political and social issue. Inhaltsverzeichnis Contents Preface ix Introduction 1 I The Unsatisfied Demand for Union Representation and the Costs of a Declining Union Movement 1 What Do Workers Want? 9 2 The “Representation Gap” and the Societal Costs of Low Union Density 21 3 Causes: The Revolt of the Bosses 49 II The Role of Contemporary Labor Relations Law in Creating Obstacles to Workers’ Desire to Obtain Union Representation 4 The NLRA’s Restrictions on Coverage: Constricting Eligibility for Legal Protection of the Right to Organize 63 5 Opportunities in the NLRA during the Representation Process for Employer-Created Delay and Interference with Employee Free Choice 93 6 Opportunities in the NLRA for an Employer to Retaliate without Fear of Significant Consequences 117 7 Opportunities in the NLRA for Employers to Indoctrinate Employees through Work- Time Captive Audience Meetings while Denying Unions Workplace Access to Employees 129 III The Role of Contemporary Labor Relations Law in Creating Obstacles to Employees’ Ability to Secure Favorable Collective Bargaining Terms 8 Opportunities in the NLRA for Employers to Deny Workers an Initial Collective Bargaining Agreement 141 9 Opportunities in the NLRA Permitting Employers to Destabilize Existing Bargaining Relationships 153 10 Opportunities in the NLRA Permitting Employers to Limit Workers’ Economic Actions 163 Epilogue: Searching for Solutions beyond the NLRA 179 Acknowledgments 189 Appendix: Protecting the Right to Organize Act of 2021 (H.R. 842)— Section-by-Section Analysis 191 Notes 203 Bibliography 273 Index 285...
