Law Commons^™

Labor, Theodore J. St. Antoine

Book Chapters

Labor relations present three principal kinds of constitutional issues. First, to what extent does the first amendment protect employees’ efforts to organize labor unions and solicit support, and to what extent does it limit the power of unions over their members? Second, how does the doctrine of federal preemption restrict the states in regulating union and management activities? Third, what due process guarantees may employers and employees invoke in response to federal and state laws establishing new substantive rules and remedies in employment? Although the Supreme Court has never squarely?

The Collective Bargaining Process, Theodore J. St. Antoine

Book Chapters

A half century after the passage of the Wagner Act the right to bargain collectively remains a glowing but imperfectly realized promise for American workers. In recent years even the theoretical dimensions of the right have been markedly compressed. Yet collective bargaining was conceived in the widespread belief that both the cause of industrial peace and the welfare of the individual employee would be promoted if workers were given a genuine voice in determining their employment conditions. Why has the process apparently lost so much appeal? Does it still hold hope for the future?

In this paper I shall review …