Toward a Theory of Rights for the Employment Relation

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.