ABSTRACT
Collective bargaining law has a neglected but morally essential role to play in employment. Each person possesses fundamental and equal moral authority over what to do with their bodies, how to think, and what kind of projects and life to pursue, and that authority is directly implicated by employment. Collective bargaining law has the potential to safeguard that authority by displacing the brute power dynamics of common law bargaining with a form of common reason that respects the basic rights and interests of all involved parties. But for collective bargaining law to realize this potential, it cannot be agnostic about the outcome of collective bargaining and must apply broadly to all workplace matters, including traditional managerial prerogatives. Good faith bargaining should thus evince a willingness to share authority not just over determining the terms of work but over the workplace itself.
Tsuruda, Sabine, Workplace Authority and the Duty to Bargain (May 2, 2026), Oxford Studies in Philosophy of Law: Volume 6, https://doi.org/10.1093/oso/9780197904473.003.0008.
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