IN NAME ONLY: EMPLOYEE PARTICIPATION PROGRAMS AND DELEGATED MANAGERIAL AUTHORITY AFTER "CROWN CORK & SEAL"

Seventy-five years ago, Congress passed the National Labor Relations Act (NLRA or the Act), regulating the often violent and economically disruptive relationship between workers and management, characterized by strikes, lockouts, and similar manifestations of industrial strife. Through the Act, Congress sought in part to prohibit employer-dominated labor organizations, known as "company unions," which were seen as unfairly impeding the effectiveness of organized labor. The prohibition extended to many--but not all--of the less formal organizations through which employees communicate with employers and participate in workplace governance. Here, Richardson comments on the impact of employee participation programs and delegated managerial authority after Crown Cork & Seal.