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

48. ;See id: at 90.

49. See id.

50. See id. at 93.

51. See id.

52. See id.

53. THE NEw YORK TIMEs, THE DOWNSIZING or AMERICA 55 ( 1996) (reporting results of a December 1995 public opinion survey concerning economic insecurity and the job market).

54. Id.

55. Cameron Lynn MacDonald & Carmen Sirianni, The Service Society arid the Changing Experience of Work, in WORKING IN THIE SERVICE SOCIETY 1. 3 Cameron Lynne MacDonald & Carmen Sirianni eds., 1996).

56. See id. at 2.

57. See id.

58, See id. The fastest growing sectors of the economy are those in which the work is considered to be the most stressful, according to Linda Rosenstock, Director of the National Institute for Occupational Safety and Health. See Stress: Anierican Workers Face Future of Long Hours, Faster Pace, Increasing Isolation, O.S:H: DAILY (BNA), at D-4 May 27, 1999). These include computer and data-processing, health services and health care, and the personnel and supply services industry, see id., all of which happen to be iri the service sector.

59. See MacDonald & Sirianni, supra note 54, at 2.

60. See id.

61. See id.

62. Id. at 4.

63. Id. at 4, 5.

64. For general commentary on the nature of "emotional labor," see Amy S. Wharton, Senrice with a Smile: Understanding the Consequences of Emotional Labor, in WORKING Itv THE SERVICE SOCIETY 91-111 (Cameron Lynne MacDonald & Carmen Sirianni eds.. 1996)

65. The pressures created by the modern economy, especially the globalization of labor markets, have been explored extensively in recent years. See, e.g., RoBERT II. FRANK & PHILIP J. COOK. THE WINNER-TAKE-ALL SOCIETY (1995): ROBERT 14L)TiNER, EVERYTHING FOR SALE; THE VIRTUES AND LIMITS OF MARKETS 1997); ROBERT $. REICH, THE WORK OF NATIONS (1991); See also HORNSTEIN, supra note 1, at 23-44 (discussing the relationship of the 199i7s work environment to abusive supervision).

66. Marshall Loeb & Ed Brown, The Bad Boss Gets a New Life. Here's One Consequence of Downsizing You May Have Overlooked: The Need to Trim Has Given Beastly Bosses New Kinds of Power, FORTUNE, May 27, 1996, at 192.

67. HoRNSTEIN, supra note l, at 143.

68. Id, at 26.

69. ld,

70. Neuman & Baron, supra note 8, at 404.

71: See HORNSTEIN; supra note 1; at 26-28.

72. Id. at 29.

73. See MICHAEL. C. HARPER & SAMUEL ESTREICHER, LABOR LAW 108-11 (4th ed. 1996).

74. See id. at 10$ tbl.1

75. See id. at 111 tbl.3:

76. See id.

77: See, e.g., Eddy v. Brown; 715 P2d 74 (Okla. 1986) (facts alleging that union shop steward was target of workplace bullying).

78. The National labor Relations Act imposes a duty upon employers to bargain in good faith with certified bargaining representatives of employees "in respect to rates of pay, wages; hours of employment; or other conditions of employment." 29 U:S.C. 159(a) (1994).

79. See LEE BALLIET, SURVEY OF LABOR RELATIONS 126-27, 131-32 (2d ed. 1987).

80. See id. at 156; AFL-CIO, Pus. No. 75, AFl-CIO MANUAL FoR SHOP STEWARDS 11, 13 (1988).

83. See Electromation, Inc., 309 NLRB Dec. (CCH) 990 (1992). Electromation involved the National Labor Relations Board's interpretation of the NLRA provision that finds it an "unfair labor practice for an employer . . . to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it.'" 29 U.S.C: 158(a)(2; (1994).