Labor Law 2.0: The Impact of the New Information Technology on the Employment Relationship and the Relevance of the NLRA

29 Pages Posted: 2 Dec 2015 Last revised: 7 Jun 2016

Date Written: August 15, 2015

Abstract

The NLRA system of collective bargaining was born during the industrial age of the early twentieth century. As a result, key terms in the statute such as “employee.” “employer” and “appropriate bargaining unit” were first interpreted in the context of long-term employment and large vertically integrated firms that dominated this era. Beginning in the late 1970’s, the new information technology wrought a revolution in the organization of production increasing short-term contingent employment and the organization of firms horizontally in trading and subcontracting relationships across the globe. To maintain the relevance of collective bargaining to the modern workplace, the interpretation of the key terms of the NLRA must be updated to recognize the changed circumstances of production and interpret union access and employee mutual support in light of the new technology. However, the new information technology promises further changes in the workplace with the accelerating mechanization of many jobs and perhaps a fundamental change in the relationship between labor and capital with the development of artificial intelligence. In this essay I explore the implications of the new information technology for the workplace, the interpretation of the NLRA and the continuing evolution of American labor policy.

Keywords: information technology, artificial intelligence, labor law, industrial relations, labor relations, collective bargaining, NLRA

JEL Classification: J50, J53, K31, O10, O15

Suggested Citation

Dau-Schmidt, Kenneth Glenn, Labor Law 2.0: The Impact of the New Information Technology on the Employment Relationship and the Relevance of the NLRA (August 15, 2015). Emory Law Journal, Vol. 64, 2015, Indiana Legal Studies Research Paper No. 340, Available at SSRN: https://ssrn.com/abstract=2696537

Kenneth Glenn Dau-Schmidt (Contact Author)

Indiana University, Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-0697 (Phone)
812-855-0555 (Fax)

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