Collective Bargaining Laws: Purpose and Scope

This paper argues that the right to bargain collectively should be given to every person working for others for pay who suffers a significant degree of democratic deficit or economic dependency in the work relationship. This would constitute a much broader scope of application compared with the current situation in most countries. This change is justified by an inquiry into the purpose of laws allowing and promoting the practice of collective bargaining, on the one hand, and the purpose of laws preventing cooperation among potential competitors, on the other. Collective bargaining laws promote workplace democracy, redistribution of resources, and efficiency. It is shown that, with regard to the broadened group of workers suggested here, there is no contradiction with the goals of competition law.