A collective bargaining agreement is private legislation creating private courts and administrative processes.

Evidence

The making of a collective bargaining agreement is an essentially legislative act - the making of a general directive arrangement for the government of the parties’ conduct toward each other during the term of the agreement. … For grievances which fail to yield to informal settlement, it will commonly establish a species of private judicial or quasi-judicial process for authoritative adjudication by an arbi- trator. If the arbitrator is an individual retained to act during the life of the agreement, as he sometimes is, the resulting institution will look very much like a private court. In this fashion the public government fosters and in some degree attempts to coerce the establishment of hosts of private governments. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 4334

Categorization

• DEFINE: Frames collective agreements as legislative acts and grievance machinery as private courts — key institutional vocabulary.
• XREF: Connects to ch5 and ch65 on private law-making and mutual constitution of private and official decision. — connects to: Collective bargaining exists because many workplace rules cannot be set individually — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4246; A legal contract channels stored political power toward private purposes; Private judges bundle self-interested services with community-benefiting enforcement — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 16 (+3 more)

Broader Connections

• A legal contract channels stored political power toward private purposes #expands (0.85)
• Primary rules impose duties while secondary rules confer public or private powers #expands (0.82) — HLA Hart, The Concept of Law (Clarendon Law…, 288
• Private judges bundle self-interested services with community-benefiting enforcement #complicates (0.80) — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 16
• Arbitration splits between private settlement and court-backed enforcement. #expands (0.80) — Lawrence M. Friedman and Grant M. Hayden, American Law, 142
• Statutory rights can be quietly whittled away through private contracting #qualifies (0.75) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1832