Updating the Mandatory-Permissive Distinction to Enable Unions to Protect the Job Security and Economic Interests of Their Members
Introduction
Since the passage of the National Labor Relations Act (NLRA or the Act), significant changes in the business world have rendered much of the Act’s protections for workers inadequate. While unions still need to address traditional issues like wages, hours, and safety, they must now also worry about corporate practices such as downsizing, takeovers, and the opening of nonunion subsidiaries that cost workers their jobs. Furthermore, pension funds are underfinanced, and employers are attempting to dump nonpension liabilities. Corporations are using bankruptcy as an offensive strategy to avoid their obligations under collective bargaining agreements.
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