Legal Studies and Business Ethics Papers

Document Type

Journal Article

Date of this Version


Publication Source

University of Pennsylvania Journal of Labor and Employment Law





Start Page


Last Page



The future of organizing: should we return to the policy of the Wagner Act? This question, as part of a consideration of the future of labor unions in the twenty-first century, compels one to focus on a crucial premise: that the Wagner Act was helpful to unions in the middle part of the twentieth century. Moreover, most persons who would agree that the Wagner Act was helpful to unions assume, without conscious examination, a related premise: namely, that the Wagner Act was helpful to workers.

Examining these premises is essential. If the Wagner Act at its outset did not provide a sound foundation for future growth of employee representation, then it is most unlikely that any amount of tinkering with it will provide a statutory vehicle suitable for the vastly changed economic and working environment of the twenty-first century. No amount of labor law reform can overcome a weak foundation.

Copyright/Permission Statement

Penn Law: Legal Scholarship Repository © 2016



Date Posted: 27 November 2017

This document has been peer reviewed.