Multi-employer Bargaining and the Anti-trust Laws
Author : Berthold William Levy
Publisher :
Page : 96 pages
File Size : 41,39 MB
Release : 1949
Category : Antitrust law
ISBN :
Author : Berthold William Levy
Publisher :
Page : 96 pages
File Size : 41,39 MB
Release : 1949
Category : Antitrust law
ISBN :
Author : Anthony B. Sanders
Publisher :
Page : 0 pages
File Size : 21,98 MB
Release : 2011
Category :
ISBN :
Multiemployer collective bargaining relationships between unions and employer associations easily devolve into legalized cartels. Once unions establish themselves as the bargaining representative for employers' employees, the employers have much to gain from banding together as an association, raising their prices and eliminating non-union competition, with unions happily serving as enforcement agents in the scheme. In return, unions receive a share of the increased oligopolistic profits in the form of higher wages and benefits. A threat to this cartel is an employer who wants to bargain with the union but does not want to accept the terms the association has bargained for. This Article examines the status of such an employer. It outlines how unions and (especially) associations work to thwart such an employer from bargaining directly with a union despite the federal labor policy of protecting an employer's freedom in selecting its bargaining representative. This anticompetitive behavior not only hurts individual non-association employers but also non-association employers' union employees, as the union will refuse to realistically bargain with their employer unless it agrees to the terms in the association agreement. This leads to the employer either being forced to accept the association's terms, which it cannot afford, or, if it survives a strike and/or picket, becoming non-union. A middle ground of real bargaining that serve's the non-association employer's union employees' interests is not available. In enforcing this scheme a cartel's primary tactic is the use of “most favored nations” clauses in multiemployer collective bargaining agreements. Another is the design and use of multiemployer ERISA plans. The Article also discusses the labor antitrust exemptions and how, notwithstanding the suggestions of other scholars, antitrust law is an ineffective tool to remedy union-association cartel behavior. Instead, the Article puts forward changes that can be made to the labor laws and to ERISA that would allow individual employers to escape the terms of association collective bargaining agreements and encourage unions to nevertheless bargain with them. This does not mean that multiemployer bargaining itself should be banned. Multiemployer bargaining has always been with us, and is not going away, but its anticompetitive effects can be tempered.
Author : Andrew M. Kramer
Publisher :
Page : 424 pages
File Size : 16,91 MB
Release : 1978
Category : Collective bargaining
ISBN :
Prepared for distribution at the labor-management relations: personnel practices and collective bargaining agreements program, September-November 1978.
Author : Berthold William Levy
Publisher :
Page : 96 pages
File Size : 45,91 MB
Release : 1949
Category : Antitrust law
ISBN :
Author : United States. Congress. House. Committee on Education and Labor. General Subcommittee on Labor
Publisher :
Page : 360 pages
File Size : 33,38 MB
Release : 1965
Category : Collective bargaining
ISBN :
Author : United States. National Labor Relations Board. Office of the General Counsel
Publisher : U.S. Government Printing Office
Page : 68 pages
File Size : 31,24 MB
Release : 1997
Category : Law
ISBN :
Author : United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Publisher :
Page : 128 pages
File Size : 14,55 MB
Release : 1995
Category : Business & Economics
ISBN :
Distributed to some depository libraries in microfiche.
Author : United States. Congress. House. Education and Labor
Publisher :
Page : 438 pages
File Size : 22,6 MB
Release : 1965
Category :
ISBN :
Author : Jesse Freidin
Publisher : University of Pennsylvania Press
Page : 48 pages
File Size : 28,80 MB
Release : 2017-01-30
Category : Business & Economics
ISBN : 151281606X
This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
Author : Eric A. Posner
Publisher : Oxford University Press
Page : 225 pages
File Size : 44,18 MB
Release : 2021
Category : LAW
ISBN : 019750762X
"Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures-intellectual, political, moral, and economic. And the impact of this failure has been profound for wage levels, economic growth, and inequality. In light of the recent empirical work, it is urgent for regulators, courts, lawyers, and Congress to redirect antitrust resources to labor market problems. This book offers a strategy for judicial and legislative reform"--