Is a union's bargaining strength greater than that of an employer?

MultiRegion, United States of America

The following excerpt is from Aguilar v. Sunland Beef Co., Inc., 89 F.3d 844 (9th Cir. 1996):

The main principle underlying federal labor legislation is that collective bargaining is the best means of securing and maintaining industrial peace. The district court's holding is contrary to this principle. Under the district court's legal theory, almost all union contracts would be unenforceable since standardized contracts are commonplace in modern labor relations and all concessions won by unions from employers result from unions employing their bargaining strength on strategically chosen issues. Moreover, the court's finding that the union possessed superior bargaining strength is contrary to the rule in this circuit that parties to a collective bargaining agreement are conclusively presumed to have equal bargaining strength.

Waggoner v. Dallaire, 649 F.2d at 1367.

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