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Dau-Schmidt, Kenneth G.; Traynor, Arthur R. --- "Regulating Unions and Collective Bargaining" [2009] ELECD 405; in Dau-Schmidt, G. Kenneth; Harris, D. Seth; Lobel, Orly (eds), "Labor and Employment Law and Economics" (Edward Elgar Publishing, 2009)

Book Title: Labor and Employment Law and Economics

Editor(s): Dau-Schmidt, G. Kenneth; Harris, D. Seth; Lobel, Orly

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847207296

Section: Chapter 3

Section Title: Regulating Unions and Collective Bargaining

Author(s): Dau-Schmidt, Kenneth G.; Traynor, Arthur R.

Number of pages: 33

Extract:

3 Regulating unions and collective
bargaining
Kenneth G. Dau-Schmidt and Arthur R. Traynor


1 Introduction
Historically, developed nations have undertaken the regulation of unions
and collective bargaining in the pursuit of three over-arching objectives: to
foster unions and collective bargaining; to minimize industrial strife; and
to promote union democracy. Nations have pursued these objectives not
merely because these ends themselves were viewed as laudable, but also
because it was thought that they served underlying societal goals of equity,
efficiency and voice (Budd 2004).
Proponents of the right to organize have argued that collective bargain-
ing promotes equity in bargaining power between labor and management
and allows employees to gain a larger share of the fruits of their efforts.
Such a redistribution of wealth is desirable not only because it produces a
more equitable distribution of the rewards of production, but also because
it promotes economic growth and political stability. Workers deserve
a greater share of the proceeds of their labor and this income makes
them better workers and consumers and adds strength to the fiber of our
democracy (Atleson 1983, pp. 35­43).
However, in regulating labor relations countries generally go beyond
merely protecting the right to organize. Labor laws prescribe and proscribe
various behaviors in the selection of collective representatives, the conduct
of collective bargaining and the enforcement of collective agreements. The
proponents of such regulation reason that, in order to obtain the great-
est net benefit from collective bargaining, it should be conducted under a
system ...