phenomenon of "workplace bullying" and the need for status-blind hostile work environment protection, The

Particularly for nonunion employees, however, the concerted activity provision of section 7 is limited as a legal weapon against specific occurrences of workplace bullying. Recall from the discussion of LIED cases that many, if not most, instances of work abuse involve an individual bully and an individual target, often in a supervisor-subordinate relationship. In such a situation, the target's nonlitigious choices include doing nothing, confronting the bully, reporting the objectionable behavior to the bully's superior, or in some way consulting and enlisting the assistance of her coworkers. Of these choices, only the last one is even potentially protected under the prevailing interpretation of section 7, for the other choices involve an individual, acting alone, solely on her own behalf.306 3. Time for a Reality Check?

Some scholars who are supportive of workers have lamented the de facto substitution of individual employment rights for collective bargaining rights over the past three decades. They argue with good justification that judicially enforced individual rights lack the political and economic clout of collective action in advancing the overall lot of workers.307 Nevertheless, a reality check is in order: Even in the supposed heyday of the American labor movement, no more than 35.5% of the nonagrieulatural American workforce was unionized.308 Although the new leadership of the AFL-CIO has made union organizing a top priority,309 business and labor analysts alike acknowledge the difficulties in reviving union membership rolls.310 Therefore, even though the National Labor Relations Act and the existence of a collective bargaining relationship can combine to create a workplace culture and legal protections that advance the policy goals of prevention, self-help, compensation, and punishment with regard to workplace bullying, in truth; only a fraction of the workforce stands to benefit.

Furthermore, the right of every worker to be treated with a minimal degree of dignity is sa basic that it should not be dependent upon collective action for its existence and enforcement. Compensation, benefits, work rules, and job security have been traditional topics of negotiation between employees and employers. The right to be treated with basic dignity, however, falls into a category that could be labeled "minimal floor rights," joining the right to be free from status-based discrimination, the right to sale working conditions, and the right to a minimum wage.

F. OCCUPATIONAL OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

The federal Occupational Safety and Health Act of 1970 was enacted "to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources."311 Congress had determined that "personal injuries and illnesses arising out of work" placed substantial burdens upon the American economic system "in terms of lost production, wage loss, medical expenses, and disability compensation payments."312 The main concern of OSHA was the prevention of physical injuries, especially those occurring in the industrial sector, and "OSHA's original emphasis on manufacturing and construction sites" remains the primary focus of the federal agency charged with its enforcement, the Occupational Safety and Health Administration.313