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
Date Written: September 26, 2019
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.
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