Are Collective Bargaining Agreements Still Special?

Martin H. Malin, Matthew W. Finkin

Research output: Contribution to journalArticlepeer-review

Abstract

The article explores the treatment of collective bargaining agreements (CBA) as ordinary commercial contracts. It discusses the judicial recognition that CBAs are nor ordinary contracts and analyzes the U.S. Supreme Court's decision in two cases that depart from prior jurisprudence concerning CBAs. It examines developments in the National Labor Relations Board and cautions the possible end of jurisprudence as the foundation of labor relations and the undermining of the role of arbitration.
Original languageEnglish (US)
Pages (from-to)125-163
Number of pages39
JournalABA Journal of Labor & Employment Law
Volume37
Issue number2
StatePublished - 2023

Keywords

  • Collective labor agreements
  • Collective bargaining
  • Contracts
  • Industrial relations
  • Arbitration & award
  • Jurisprudence
  • United States. National Labor Relations Board
  • United States. Supreme Court

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