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

However, two members of the NLRB, including its current chairperson, have questioned this doctrine, thereby suggesting that the Board may someday make ii easier for an individual nonunion employee to avail herself of section 7's protections. See Liberty Natural Products. Inc.. 314 N.L.R.B. 630 (1994) (Board Chairperson Gould and Board Member Browning "decline to rely on. and question the continuing vitality of, Meyers Industries"); Aroostock Co. Reg'l Opthamology Ctr., 317 N.L.R.B. 218 ( 1995).

307. See Katherine fan Wezel Stone, The Feeble Strength of One: Wht individual Worker Rights Fail, AMERICAN PROSPECT, Summer 1993, at 60-66. Professor Stone argues that individual employment rights "can always be repealed or negated through judicial interpretation." in contrast to the ongoing political power that a strong labor movement can exercise: Ict. at 66, see also Joseph R. Grodin, Constiutional Values in the Private Sector Workplace, 13 INDUS. REL. L.L. I, 4 (1991). Professor Gradin states that

(a)s a former union lawyer, I grieve over the decline in union organization organization and regret the extent to which it has become necessary to rely upon legal regulation of the workplace to protect workers' interests. Indeed, I have serious doubts regarding the ability of the law to protect those interests without the kind of support that a well-organized union can provide.

Id. at 4.

308. See HARPER & EsTREICHER. supra note 73, at 108 tbl.l.

309. See Steven Greenhouse, A.FL.-CIO. Puts Recruiting at Top of Its Agenda. N.Y. TIMES, Feb. 17, 1997, at 12. See generally JOHN SWEENEY, AMERICA DESERVES A RAISE: FIGHTING FOR ECONOMIC SECURITY AND SOCIAL JUSTICE (1996) (new AFL-CIO president outlines union organizing and policy goals far his administration).

310. See, e.g., Laura M. Litvan, Can Unions Fit In New Economy?, INVESTOR'S Bus. DAILY. Apr. 7, 1997, at L; David Moberg, The Resurgence of American Unions: Small Steps, Long Journey, 1 WORKING USA, May-June 1997, at 20, 26.

311. Occupational Safety and Health Act of 1970, 29 L1.S.C. 651(b) ( 1994).

312. Id. 651(a).

313. MARK A.120THTs,IN, OCCULPATIONAL SAFETY AND HEALTH LAW 4-5 (1998) (Observing that the main focus of Congress in considering the need for federal workplace safety and health legislation was the staggering impact of industrial disabilities and deaths); see also Work is Changing But Observers WInder if OSHA is Changing with It, C?.S.H. Daily (BNA) D-8 (May 24, 1999). OSHA chief administrator Charles Jeffress acknowledged that " "70 percent of the workforce occurs outside of manufacturing and construction, yet 70 percent of our inspection activity is still going toward manufacturing and construction.' " Id.

314. 29 U.S.C. 654(a)(1) (1994).

315. Federal regulations pertaining to OSHA can be found beginning at 29 C.F.R. 1902. Although the National Institute of Occupational Safety and Health (the federal agency created under the statute to research occupational safety and health matters) has studied the effects of stress on workers and workplaces, its latest and most comprehensive report on the topic does not address whether there is a need for new public policy responses. See generally STREss AT WORK. supra note 29 (detailing the effects of occupational stress on employees and workplaces).