On Sun, 21 Dec 1997, Tom Walker wrote:
> Ellen Dannin wrote,
> > Suppose you were an employer whose employees were represented by a
> > union. Now suppose that the labor laws you bargain under state that
> > when the parties reach an impasse, you, the employer, get to impose
> > your final offer. What would you do?
> -- snip --
> > The best that unions can do under this system is make concessions in an
> > effort to show that the parties are not at an impasse.
>
> Ellen's article raises important questions about labor laws in the U.S. but
> it also begs important questions about union strategy in the face of those
> labor laws. I can think of at least two alternatives to making concessions:
> civil disobedience and organizing for insurrection.
Actually, I (Ellen) can think of a lot more alternatives. But you have to
realise that this was written to be an op-ed piece, not a treatise on
ways to deal with this particular issue. The piece was geared to be
readable and comprehensible (in 600-800 words) by a general audience. I
write all sorts of pieces geared to all sorts of audiences. Each has its
advantages and limits.
Before you attack what I wrote in this very short piece with the
assumption this is all there is, why don't you do me the kindness of
either read the other more scholarly things I've written on this issue
(there are 4-5 out there) and / or ask me what the rest of my thoughts
are on it. I'll warn you, though, that each of these is also limited,
even though some are at about 20,000 words.
> Admittedly, neither of
> these is easy or guarantees a favourable collective agreement. But doesn't
> compliance with bad law invite more of the same?
The real problem in this area is not that there is compliance with bad
law but that no one is writing about it or doing research on it or
raising a ruckus about it or even recognising that it is a problem. We're
at a very basic level with this issue. Tom Kochan of MIT is typical. He
told me this problem doesn't exist. Look through every IR book out there
and see how much space is dedicated to discussing this issue. The answer
is 0.
Even unions and others I know who deal with this problem in bargaining
have yet to face up to its pernicious effect. That this is the case
raises fascinating questions about why this is happening.
Kind regards,
e
Ellen J. Dannin
California Western School of Law
225 Cedar Street
San Diego, CA 92101
Phone: 619-525-1449
Fax: 619-696-9999
