CitedEvidence
User Settings
Open AccessArticle

Striker Replacements: A Law, Economics, and Negotiations Approach

Rafael Gely,Leonard Bierman-1995-01-01-Faculty publications

TL;DRAbstract

In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.

Chat with Paper

AI Agents for this Paper

In this article, we directly attack Professors Wachter and Cohen's assertion regarding the economic efficiency of the Mackay doctrine. Applying internal and external labor market analysis, we argue that the Mackay doctrine is economically inefficient because it allows employers to behave “opportunistically” with respect to employees that have made “firm-specific” investments in their employing firms. To remedy this problem we propose a new “negotiations approach,” the components of which are: (1) the statutory overruling of Mackay, and (2) the concomitant amendment of the NLRA to make the striker replacement issue a “mandatory” subject of collective bargaining.

Keywords

NegotiationLawPolitical scienceLaw and economicsEconomics

Chat

Click to start Chat