The Discord Between Collective Bargaining and Individual Employment Right: Theoretical Origins and A Proposed Solution

This paper explores the complex relationship between collective bargaining mechanisms and the enforcement of individual employment rights. It analyzes the tension that arises when collective agreements—intended to represent group interests—intersect or conflict with the legal and procedural protections of individual workers. Through case law, statutory analysis, and comparative examples, the paper demonstrates how collective frameworks can both empower and sometimes inadvertently suppress individual employment rights. The paper argues for a more nuanced legal approach that preserves the integrity of collective bargaining while ensuring that individual rights are not marginalized.