Structural Labor Rights

Introduction:

American labor law was established with the goal of ensuring equal bargaining power between workers and employers. However, in recent years, this balance has tilted significantly in favor of employers, leaving the majority of workers dependent on individual negotiations for wage growth and economic mobility. With union density at a mere 6.2 percent in the private sector, a level unseen since the Great Depression, the need to address this issue is critical. This article explores the concept of "Structural Labor Rights," as proposed by Hiba Hafiz of Boston College Law School, and its potential to rejuvenate workers' collective bargaining power.

The Decline of Workers' Collective Power:

The labor landscape in the United States has seen a drastic shift. The disintegration of workers' collective power is evident in the abysmally low union membership rates and the lack of effective regulations to protect their collective rights. As a result, employers have gained increasing dominance in labor markets. The consequence of this decline is soaring income inequality, wage stagnation, and a diminishing share of the national income for workers.

The Structural Approach:

Hiba Hafiz's proposal for a "structural" approach to labor law aims to reinvigorate its original purpose of ensuring equal bargaining power. This innovative approach utilizes social scientific analysis to assess workers' bargaining power relative to employers when defining substantive labor rights and resolving disputes. It acknowledges that employers' substantial buyer power enables them to maintain a strong position in employment negotiations, allowing them to withstand worker demands.

Key Contributions:

1. Documentation of Workers' Collective Rights Dispersion: The article highlights how labor law has limited workers' collective rights to specific tactics used by a small group of employees in highly protected individual enterprises. This has resulted in an increase in employer power over workers.

2. Introduction of Social Scientific Literature: The author introduces a wide range of social scientific literature that can aid in evaluating the relative bargaining power of employers and employees.

3. Concrete Proposals: The article provides practical recommendations for applying social scientific tools to three key areas of the National Labor Relations Board's authority:

• Determining "employer" and "employee" status.

• Defining employees' substantive rights under the National Labor Relations Act (NLRA).

• Identifying what constitutes sanctionable unfair labor practices under section 8 of the NLRA.

Conclusion:

The "Structural Labor Rights" approach proposed by Hiba Hafiz offers a promising solution to the decline of workers' collective bargaining power in the United States. By taking into account the ever-evolving dynamics between workers and employers, this approach aims to create a more equitable labor market. Implementing these structural changes could potentially pave the way for a fairer and more balanced labor landscape, where workers can enjoy better economic mobility and improved living standards. As discussions about labor reform continue, Hiba Hafiz's approach provides a valuable framework for reshaping labor laws to address the challenges of the 21st century.

Reference:

Hiba, Hafiz. (2021). Structural Labor Rights. Michigan Law Review, 119(4):651-727. doi: 10.36644/MLR.119.4.STRUCTURAL