Article VI Critique: Labor Unions
Columbia Southern University
HRM 6451
INTRODUCTION
In Richard Hurd’s essay, moving beyond the critical synthesis: does the law preclude a
future for US unions? He discussed the Tomlins’ publication The State and Union and
assesses whether Tomlins’ theses still holds true despite the developments over the last 28
years (Hurd,
2013). This essay examines the labor movement as it progresses through the modern era, and
asses the labor movement’s viability in its current state.
Article Main Points
Throughout this essay Hurd focuses on two main points, Labor Law and Progressivism
where the downfall of the labor movement. When it comes to law Hurd focuses on Tomlins’
portrayal that the National Labor Relations Act (NLRA) served as the foundation to numerous
legal rules and institutional constraints that where designed to reduce worker militancy and
weaken the labor movement (Hurd, 2013). Hurd sites several academics from the mid-90’s who
push back on Tomlins’ criticism of the NLRA and suggest Tomlins dismissed key parts of the
NLRA that supported worker rights. Another argument used by Hurd to validate this point is the
conservative era that shied away from unionization. He provides examples of this during both the
Regan and Carter administrations where pro union legislation was votes down by the
conservative bodies of that time.
The second point that Tomlins made was that progressivism and the labor movement
itself was just as much to blame for the downturn in labor movement as the laws themselves.