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- Title
THE ENFORCEMENT OF COLLECTIVE BARGAINING.
- Authors
Brinker, Paul A.
- Abstract
This article examines the success of the U.S. National Labor Relations Board, the agency created to administer the National Labor Relations Act, for enforcing collective bargaining in the U.S. Section 8(5) of the National Labor Relations Act declares illegal an employer's refusal to bargain collectively with representatives of a majority of his workers. Collective bargaining, therefore, is guaranteed by law. The U.S. Congress did not specify what actually constituted a refusal to bargain. Thus the task of interpretation fell to the National Labor Relations Board, subject to court review. The Board has stated that employers must not only meet with labor union representatives to discuss wages, hours, and working conditions, but also must carry on negotiations in good faith in an attempt to reach an agreement. Any lack of good faith on the part of the employer is not considered real bargaining, and is considered a violation of section 8(5). Certain cases dealt with by the National Labor Relations Board are analyzed in this study to determine whether the collective bargaining provisions of the Act have been enforced.
- Subjects
UNITED States; COLLECTIVE bargaining; EMPLOYEES; INDUSTRIAL relations; WAGES; UNITED States. National Labor Relations Board
- Publication
Quarterly Journal of Economics, 1948, Vol 62, Issue 2, p314
- ISSN
0033-5533
- Publication type
Article
- DOI
10.2307/1883225