Washington Law Review
It is my argument that much thinking in the area of labor law has been grafted upon an individualistic stock where it ought not grow; in fact, the considerations embodied in that diverse corpus we call labor law draw heavily upon a tradition of collective jurisprudence, and it is in collective terms that we ought to seek the solution of concrete cases. I shall attempt first to demonstrate the disarray in the treatment of labor rights, to show the origins of the conflict between collective and individualistic traditions, and then to propose a mode of analysis for the reconciliation of competing employment values. Finally, I shall show how the system thus developed fits into the mainstream of labor adjudication, drawing illustrations from the National Labor Relations Board and the courts.
Toward a Theory of Rights for the Employment Relation,
56 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol56/iss1/2