Work Preservation: The Union Struggle Against Technological Innovation

Varied judicial applications of the so-called work preservation doctrine without persuasive or consistent analysis make the area one of the most muddled topics in labor relations law. Common law terminology is blended with labor legislation in order to determine the limits of permissible union attempts to preserve job tasks that are threatened by another work group or advancing technology. This comment will discuss the statutory framework relative to work preservation and discuss some of the issues and rationales for the settlement of disputes in the area. Part I will relate to the general background of work preservation and its relationship to the primary/secondary analysis used in determining permissible from impermissible union activity. Part II will focus on the development of the right to control test and its use in determining the permissiveness of a union\u27s purported work preservation activity. Part III in turn will take a look at the work preservation agreement and the various factors used by the courts in judging its validity. Part IV will conclude with a discussion of the basic policies that the courts rely on in rendering decisions within the work preservation area