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20 Lab. Stud. J. 51 (1995-1996)
Rights at Work: Employment Relations in the Post-Union Era

handle is hein.journals/labstuj20 and id is 159 raw text is: 
BOOK  REVIEWS


Rights at Work: Employment  Relations in the Post-Union Era. By Richard
     Edwards.  Washington, D.C.: The Brookings Institution, 1993. 265 pp.
     $26.95, cloth.

     This easy to read prescription for the future, in which unions no longer
act as America's driving economic force, should deservedly provoke discus-
sion. Some will agree that present circumstances demand a break with out-
moded  aspects of our labor relations system or with Edwards' call for a new
and more  fertile common ground for shaping future employment  relations.
But probably not many worker educators will subscribe to Edwards' schema
for labor law reform, which he terms choosing rights: Every firm over a
certain size would be required by law to promulgate and  distribute to its
workers an employee  handbook  ... recognized in law as a binding and en-
forceable employment  contract.
     According  to Edwards, handbooks  should outline employee rights in-
volving complaints, discipline, dismissals, promotions, and benefits. Em-
ployers would  tailor their own, which employees would ratify, or choose
from  a set of alternatives developed by a specially chartered commission.
These  handbooks  would  be enforced through a public system  of dispute
resolution using mediation, arbitration and litigation as a last resort. He
believes employer  handbooks  would  thus become  the  workers' bill of
rights.
     Edwards'  attempt at clearing our mental landscape of ideological ri-
gidities, outmoded historical attachments, and other chimera that limit vision
and prevent real progress deserves reading. This is a lucid, well organized
book  with many  truths, including its overall plea contemplating common
ground. His  chapter on the inappropriateness of individual bargaining is
clear and hopefully convincing to management  readers. His chapter on the
shrinking reach of unions provides (though  not a forecast) an insightful
current assessment that neither emulation, the threat effect, nor statutory
generalization seems likely to transmit these collective-bargaining gains to
workers at large.
     Similarly Edwards' chapter evaluating current employment laws well
summarizes  some  obvious limitations, including employer FLSA noncom-
pliance, ERISA's failure to ensure pensioners' rights, and econometric stud-
ies' description of OSHA's miniscule impact. But while he states existing
statutory protections should not be rolled back, he never convincingly argues
why  they should not be legislatively strengthened. He instead turns to hand-
books via an easily understandable chapter on the rights contemporary firms
are offering and another on promising employment-at-will cases.


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