JOB-SEEKING AGGRESSION, THE NLRA, AND THE FREE MARKET

Authors

Sylvester Petro, New York University School of LawFollow

Abstract

Two principles are at war in modem labor relations. One, the principle of free choice of employee representation, underlies all modem labor relations legislation. The other, the principle of absolute proprietary rights in certain work, manifests itself in the traditional jurisdictional dispute but occurs in a broader context as well. The labor relations principle, an attempt to order relations between employers and employees on a civilized basis, requires collective bargaining between employers and the representatives of their employees and further declares that the selection of representatives by employees shall be free of coercive interference by employers. Job-seeking aggression, combatting this principle of order at every level, would reverse the whole procedure, would make the union select employees, and would enlist the aid of employers in the process. The labor relations principle envisions the union as an agent whose authority to deal with employers derives from a peaceful, volitional process; job-seeking aggression envisions the union as an autonomous principal whose authority rests in power and is expressed in war. The labor relations principle commands employer neutrality; job-seeking aggression by unions presses the employer into service. The labor relations principle derives strength and direction from a premise of free employee choice; job-seeking aggression rejects the conception of free employee choice.

Recommended Citation

Sylvester Petro, JOB-SEEKING AGGRESSION, THE NLRA, AND THE FREE MARKET, 50 Mich. L. Rev. 497 (1952).
Available at: https://repository.law.umich.edu/mlr/vol50/iss4/2