Departmental Bulletin Paper アメリカの集団的労使関係法における熟議民主主義 : 被用者自由選択法案を題材として
Deliberative Democracy in American Labor Law : An Analysis of the Debate on the Bill of the Employee Free Choice Act

藤木, 貴史

14 ( 2 )  , pp.773 - 844 , 2015-07-10 , 一橋大学大学院法学研究科
In the United States, it has been difficult for a trade union to become an exclusive bargaining representative due to many obstacles in the process for organizing a union. In order to remove such obstacles, the bill of the Employee Free Choice Act recently attempted to add some provisions, including what is called the “Card-Check” provision, to the National Labor Relations Act. This paper clarifies the grounds on which the bill was criticized by its opponents and justified by its advocates through an examination of their debates regarding it. My analysis reveals that the arguments presented by both sides were based on the same idea of political science, “deliberative democracy”. Opponents of the bill emphasized the fact that the Card-Check provision would degrade the deliberative and democratic process in the workplace by potentially allowing trade unions to abuse their power and by preventing employers from providing valuable information to their employees. Advocates, on the other hand, stressed four factors regarded as essential in political science, namely, efficient information, autonomy, continuation, and deliberation. In doing so, they asserted that the bill would (1) ensure that employees received more useful information, (2) enable employees to be more autonomous, (3) make it easier to create a new democratic and continuing organization within the workplace, and (4) encourage employees to deliberate democratically.

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