Bargaining Before Recognition in a Global Market: How Much Will It Cost?

Abstract

The world is a very different place for employers and unions today than it was in 1935 when the Wagner Act was enacted. It is not the purpose of this paper to catalog the many changes that have taken place, to explain the reasons for the changes, or to predict where the changes may lead. Labor law practitioners on both sides of the table are quite familiar with the realities of collective bargaining in 2005. World markets have increased competition and have diminished profits for U.S. firms. Rising health care costs and declining equity markets have created enormous pressures on health plans and pension plans in both the union and non-union sectors. Traditional methods of doing business are challenged by new, streamlined mechanisms designed to respond more quickly to consumer desires.