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Locate the following article in the Business Source Complete database in the CSU Online Library:
Hurd, R. W. (2013). Moving beyond the critical synthesis: Does the law preclude a future for US unions? Labor History, 54(2), 193-200 (this is attached below)
This article is a reflective essay that assesses the strength of comments made by Christopher L. Tomlins in his book The State and Unions (1985), which looks back over the past quarter century. Various predictions were made concerning union decline and failed revival efforts as well as counterfeit rights offered to the U.S. working class.
Using all of the knowledge accumulated in this unit and in previous units, write a critique of thearticle. You may use other academic resources to support your points as necessary. Your critique must be at least three and half (3.5) pages in length not including title page and reference page.
Your critique should address the questions below.
-What are the author’s main points?
-Do the arguments presented by the author support the main point?
-What evidence supports the main point? For example, if Tomlin’s thesis that the New Deal offered only a counterfeit
-liberty to labor is true, what effect does that have on employee morale?
-Briefly describe two collective bargaining strategies companies use when dealing with unions. How can these strategies affect employee morale?
-What is your opinion of the article?
-What evidence, either from the textbook or from additional sources, supports your opinion?
Be sure to follow the guidelines below.
-Accurately identify the premise and supporting points from the article.
-Provide an insightful and thorough analysis of the information from the article, including using evidence as well as reasonable and compelling interpretations.
-Link material to course content and real-world situations.
Organize the material logically by using smooth transitions and by grouping similar material together.
-Cite all sources used; paraphrased and quoted material must have accompanying citations in APA format.
Both the unions and the state are far much important than a presentation of original research and a useful synthesis of history and law. However the liberal state has received several radical critiques on how it treats the unions.
The “self-congratulatory- complacency” of the theory of “industrial pluralism” that has dominated American labour scholarship has been criticized by Tomlins. While the industrial pluralists view the American system of labour law, especially the National Labour Relation Act (NLRA), as the fruitful way of solving the wrangles between labour and management to instill peace, stability and democracy, Tomlins disputes the American state, through its legal state, has conditioned the legitimacy of labour activity and collective bargaining on their favour as means to acquire higher productivity and efficient capital accumulation. He rejects the conspiracy of business elites on the law.
Tomlins further asserted that the National Labour Relation Act (NLRA) continued the “contingent legitimacy of labour action has been a constant theme of development, over a decade ago, of a corporate capitalist’s policy in the United States.”He concludes by saying that labour’s reliance on the state, and particularly on the NLRA and its subsequent interpretation by the National Labor Relations Board (NLRB) and the courts, has produced a ‘counterfeit liberty’ for workers and unions that may be “ultimately no more than the opportunity to participate in the construction of their own subordination”
Lane Kirkland, the president of the American Federation of Labor – Congress of Industrial Organizations (AFL-CIO), in his statement criticizes th...
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