Law and the Future of Organized Labor in America
Keith N. Hylton
William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law
July 30, 2003
Boston Univ. School of Law Working Paper No. 03-14
This paper, prepared for "The Future of Organized Labor" conference at Wayne State University, examines two questions: what are the implications of the decline of unions for the future of labor law, and what are the implications of labor law for the decline of unions? After documenting the recent trends (decline in the private sector coupled with slight growth in the public sector), I argue that the change in the public-versus-private composition will lead unions to pursue legislative strategies that will further reduce the share of the private sector workforce in unions. A law reform program that has any chance of success in reversing the decline of private sector unions will have to aim to reduce the competitive disadvantage to firms from unionization. I offer two general proposals in this vein: making labor law more predictable and removing the NLRB from regulating the substantive terms of labor contracts.
Number of Pages in PDF File: 18
Keywords: union density, labor law, certification elections, labor public policy
JEL Classification: K31, K000working papers series
Date posted: August 5, 2003
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