Union Dispossession of Labor Protection: A Paradox, in Two Legal Systems

Int'l J. Comp. Lab. L. & Indus. Rel., Forthcoming

24 Pages Posted: 27 Sep 2019

See all articles by Matthew Finkin

Matthew Finkin

University of Illinois College of Law

Date Written: September 26, 2019

Abstract

It is not uncommon for legislatures, in fabricating labor law protections, to permit unions to agree to derogate downward from them – to dispossess the workers they represent of rights the workers would enjoy were they not to be union-represented. This is so, for example, of the United States and Germany. This article explores labor dispossession in these two jurisdictions: on what matters, for what reasons, with what consequences and subject to what cautions is collective derogation allowed; and to see what conclusions can be drawn that are generalizable across these jurisdictions or that are cabined to them.

Suggested Citation

Finkin, Matthew W., Union Dispossession of Labor Protection: A Paradox, in Two Legal Systems (September 26, 2019). Int'l J. Comp. Lab. L. & Indus. Rel., Forthcoming, Available at SSRN: https://ssrn.com/abstract=3460120 or http://dx.doi.org/10.2139/ssrn.3460120

Matthew W. Finkin (Contact Author)

University of Illinois College of Law ( email )

504 E. Pennsylvania Avenue
Champaign, IL 61820
United States

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