Filling the Court-Created Gap in the Protection of Concerted Activities the Need for Striker Replacement Collective Bargaining

This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive edge in the world by increasing the power and participation of workers.