Reversion to Individualism

In interpreting the provision of the Wagner and Taft-Hartley Acts that permits the National Labor Relations Board to require that an employer reimburse a discriminatorily discharged employee for lost wages, the courts have embraced a doctrine of individualism, according to the author of this article, thus impeding the development of collective bargaining. In the absence of dear indication of Congressional intent, it should be assumed, he contends, that the purpose of the back-pay remedy is to discourage employer interference with group, action, i.e. collective bargaining. The courts, however, have pursued a policy on back pay based on an individualistic, common-law interpretation which disregards, rather than fosters, the interest of the worker group. (Author's abstract courtesy EBSCO.)

Collective action · Collective bargaining · Courtesy · Doctrine · Economics · Financial economics · Individualism · Interpretation (philosophy) · Labor relations · Labour economics · Law and economics · Market economy · Mean reversion · Political science · Reversion · Labor Movements and Unions · Law · Taxation and Legal Issues

• The NLRA at Fifty

  Open Access•John Thomas Delaney, David Lewin et al.•Industrial and Labor Relations…•1985

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