A NEW DIRECTION FOR AMERICAN LABOR LAW: INDIVIDUAL AUTONOMY AND THE COMPULSORY ARBITRATION OF INDIVIDUAL EMPLOYMENT RIGHTS

This article examines the fundamental shift in American labor law from a system grounded in collective autonomy, exemplified by industrial pluralism and union-led bargaining, to one increasingly characterized by individual autonomy and the compulsory arbitration of statutory employment rights. As union density and collective bargaining power decline, courts and legislatures have introduced a host of individual employment protections. However, rather than ensuring judicial enforcement of these rights, federal courts have pushed for their resolution through binding arbitration, often outside the public legal system. The article critiques this evolution by analyzing key legal developments, including the Supreme Court’s decisions in Alexander v. Gardner-Denver Co. and Gilmer v. Interstate/Johnson Lane Corp., and argues that while the locus of employee protection has shifted from collective to individual frameworks, enforcement mechanisms have also moved from courts to private arbitration. This dual transition raises critical concerns about workers’ ability to effectively assert and vindicate their statutory rights.