In his article Enabling Employee Choice, Professor Benjamin Sachs presented a robust exploration of the problems associated with union certification laws and potential “card check” reforms. In this response, Professor Brishen Rogers argues that limiting managerial interference in union...

Our labor law guarantees only a "thin" form of workplace and economic democracy, one focused on encouraging collective bargaining over fundamental terms of employment, but limiting workers' rights of concerted action and expression in many ways. Progressive unions and their allies have...

The central debate within domestic labor law today revolves around whether existing union certification procedures promote or inhibit autonomous employee choice. Within that debate, both judges and commentators tend to embrace a model of the self and of the optimal conditions for autonomous...