Tension between U.S. labor law and work restructuring: A focus on team-based work systems

Abstract

Team-based work systems are part of a new management commitment paradigm. Recently, concerns have been raised regarding the legality of team-based work systems under the National Labor Relations Act. Workplace teams and team systems are not per se illegal. This review indicates that there is a high degree of certainty regarding the conduct and characteristics necessary to trigger legitimate challenges to team systems under the National Labor Relations Act. The National Labor Relations Board and Courts, on a case-by-case basis, look at consistent and reasonable criteria in determining the permissibility of any aspect of a team system. Nonetheless, a review and reevaluation of labor law is still warranted. This article begins with a description of team-based work systems. Next, pertinent features of the National Labor Relations Act are outlined. Third, National Labor Relations Board and Court decisions pertaining to team-based work systems are reviewed. Finally, implications for employers, employees, unions, and public policy are drawn.