Abstract

http://ssrn.com/abstract=1936894
 


 



Subcontracting and the Duty to Bargain


David Allen Larson


Hamline University - School of Law

January 1, 1990

New York University Review of Law & Social Change, Vol. 17, 1990

Abstract:     
The Supreme Court has decided that industrial practices are valuable guides for determining what is mandatory subject of bargaining. Building upon this foundation, this article maintains that actual industry practice reveals that subcontracting must be considered a mandatory subject of collective bargaining. Section I begins by explaining how the assumptions underlying collective bargaining and the intent behind the National Labor Relations Act require that subcontracting be considered a mandatory subject. A policy that isolates entrepreneurial discretion as a dominant concern for determining whether parties must bargain about subcontracting disregards the goals of national labor legislation. Section II outlines the cases which have shaped the current position regarding collective bargaining and explains why the pivotal concurring opinion by Justice Stewart in Fibreboard Paper Products Corp. v. NLRB should not have been followed in subsequent cases. Finally, Section III shows that many employers do bargain about subcontracting and that objections to mandatory bargaining can be overcome. Specific language from numerous collective bargaining agreements is provided to illustrate how various concerns can be resolved.

Number of Pages in PDF File: 36

Keywords: Subcontract, bargaining, mandatory subject, employers, employees, national labor legislation

Accepted Paper Series


Download This Paper

Date posted: February 17, 2012  

Suggested Citation

Larson, David Allen, Subcontracting and the Duty to Bargain (January 1, 1990). New York University Review of Law & Social Change, Vol. 17, 1990. Available at SSRN: http://ssrn.com/abstract=1936894

Contact Information

David Allen Larson (Contact Author)
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
Feedback to SSRN


Paper statistics
Abstract Views: 291
Downloads: 53
Download Rank: 223,851

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.406 seconds