This paper critically examines Benjamin Aaron's article "Labor Relations Law in the United States from a Comparative Perspective," which contrasts American and European labor relations systems. The review traces the origins of U.S. labor law from the Norris-LaGuardia Act of 1932 through the Taft-Hartley Act of 1947, highlighting the traditionally minimal role of the federal government. It argues that European workers enjoy superior protections — including paid vacations, illness pay, and discharge compensation — because government actively supports labor rights and unions. The paper connects these differences to the underlying tension between socialism and capitalism, ultimately agreeing with Aaron that European labor relations are more advantageous for the common worker.
The article critiqued in this paper is entitled "Labor Relations Law in the United States from a Comparative Perspective" and is authored by Benjamin Aaron. In this article, Aaron discusses some of the more significant differences between labor relations in the U.S. versus those in various parts of Europe. In doing so, he provides a brief overview of the history of labor relations domestically, while explaining the particular foreign influence of not only European practices and customs, but also those introduced in the U.S. by expatriate Europeans. The author's principal point in comparing labor relations customs in the U.S. and Europe is to suggest that those in Europe are superior — if not more advantageous — to the laborer. After careful consideration of the arguments he puts forward, there appears to be a great deal of merit in his position.
In tracing the history of labor relations and the formal laws that defined those relations in America, it is important to note that one of Aaron's points alluding to the superiority of European practices concerns the relative novelty of American labor law. Despite the fact that the 21st century is well underway, formal labor relations laws in the U.S. are not even a century old. They were initially established during the Great Depression with the Norris-LaGuardia Act of 1932 and the Wagner Act of 1935, before the Taft-Hartley Act of 1947 further shaped the landscape (Aaron, 1982, p. 1247).
The overall significance of this point is that the federal government has traditionally had minimal involvement in labor relations in the U.S. In Europe, on the other hand, the government is deeply involved in virtually all aspects of labor, from unions to employers. As a result, workers on the continent enjoy a wide range of benefits uniformly, regardless of their union membership — such as paid vacations, payment during illness and excused absences, payment upon discharge, and other protections that in the U.S. can only be guaranteed through a contract (Aaron, 1982, p. 1252).
It appears that Aaron is correct in his assessment that many workers in Europe are better off in terms of labor relations than their American counterparts. This is true for the same reason that countries with universal healthcare are generally better positioned than the U.S. when it comes to health coverage. At the heart of this issue — and central to what Aaron argues — is the concept of socialism, under which there is greater equity among workers and, to a certain extent, among employers as well.
Quite simply, socialism is the underlying reason that such uniformity exists in European labor relations, whereas in America, capitalism and contract negotiations are largely relied upon — in part to prevent the spread of socialist principles. This point is illustrated in Upton Sinclair's work of historical fiction The Jungle, which posits that socialism functions as a means of alleviating the poverty of the oppressed (Sinclair, 1981, p. 307). Regardless, the degree of equity that socialism provides for European workers is the principal reason Aaron is right that labor relations on the continent are preferable to those in the United States.
"How free-market policy disadvantages American workers"
"Volunteerism doctrine and its effect on union strength"
"European union security versus U.S. collective bargaining gaps"
Sinclair, U. (1981). The Jungle. New York: Bantam Classic.
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