Marion Crain

The ‘New’ Labor Regime

In The New Labor Law, Professor Kate Andrias describes a labor regime founded upon politicized social bargaining emerging from the wreckage of the National Labor Relations Act (NLRA). This regime rejects (for the most part) the NLRA’s employer-employee dyad model of private ordering through worksite-based representation and collective bargaining, in favor of a model involving mobilizing workers across entire sectors and...