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In the last decade radical-left legal scholars have mounted an historical, social, and analytical attack on the established system of American labor law.' The very force of their attack and its concerted nature would tempt one to view with affection a legal and social structure that otherwise seems singularly unloveable. After all, as Bok and Dunlop showed more than a decade ago, few American institutions are held in lower esteem by the general public than labor unions, few public actors in lower regard than labor leaders.2 Nor have the intervening years softened this judgment. On the contrary, there is a widespread feeling that unionswhether alone or in concert with management in such industries as automobiles and steel-have made a major contribution to the country's industrial malaise.3 Yet on this occasion, at least, one should resist the temptation to rally automatically around the New Deal rhetoric that has come down to us with the Wagner Act system.4 The fact of the matter is

Individual and Collective Rights in Work Relations: Reflections on the Current State of Labor Law and Its Prospects