
Smith's wage bargaining premise, codified in the National Labor Relations Act, creates regulatory risk for union-heavy sectors. The PRO Act's reintroduction frames the next legislative battle.
Adam Smith’s account of wage bargaining, published in 1776, planted a premise that still shapes labor law: workers stand before capital from a position of weakness. That premise, though challenged by later economists, found its way into the National Labor Relations Act of 1935, which made collective bargaining a federal policy. For investors, the lingering influence of Smith’s labor pessimism is not a historical curiosity. It is a regulatory risk factor that affects labor costs, strike exposure, and corporate strategy across union-heavy sectors.
The Austrian economist Murray Rothbard called The Wealth of Nations “a huge, sprawling, inchoate, confused tome, rife with vagueness, ambiguity and deep inner contradictions.” The contradiction that mattered most was Smith’s claim that masters “have the advantage” in wage disputes because they can combine more easily, can wait out strikers, and maintain a tacit agreement not to raise wages. In The Theory of Collective Bargaining, economist W. H. Hutt showed that this argument rested on three unproven assertions: active employer conspiracies, tacit combinations, and a necessity gap between workers’ thin reserves and capital’s deep pockets.
Hutt’s historical evidence undercut Smith’s picture. He reported that deliberately organized employer bodies were almost nonexistent until the late nineteenth century and that early industrialists were marked by an individualism hostile to association. During the Combination Act era, employer combinations revealed by parliamentary inquiries were mostly retaliatory against unions using the “strike in detail” – the tactic of targeting employers one by one while workers at competing firms stayed employed and subsidized strikers. Hutt’s example from Barnsley linen weavers showed factories struck in sequence, with support from those still working elsewhere. Employer association often emerged as the defensive counter-combination, not the initiating predator.
Smith’s fallback claim of a “tacit combination” is almost unfalsifiable: if employers meet, it is a conspiracy; if they do not, their reluctance to pay higher wages becomes the conspiracy. Wanting lower costs is not market power. Every buyer wants to pay less. The market disciplines employers through competition for labor, credit, and survival. Firms that refuse to pay market wages lose workers to rivals. Hutt’s answer replaced melodrama with price theory: resentment did not prevent wages from rising when scarcity made labor dearer.
The National Labor Relations Act codified the Smithian premise. The act declares a federal policy of encouraging collective bargaining and protects employees’ rights to organize through chosen representatives. Employers must bargain in good faith with that union and cannot bypass it to deal directly with workers. The law converts a union into a privileged bargaining agent backed by the state. The libertarian objection, as Hutt framed it, is that “equality of bargaining power” is a slogan, not a measurable condition. It invites the state to replace competition with administered conflict.
For companies in manufacturing, logistics, retail, and healthcare, the regulatory risk from pro-union legislation remains live. The PRO Act, reintroduced in 2023, would expand union rights, preempt state right-to-work laws, and impose new penalties for employer resistance. The bill has not passed. Its language frames the next legislative effort. Investors tracking labor risk should watch the PRO Act’s progress and state-level unionization efforts. The ideological framework Smith supplied continues to shape which asymmetries the law treats as problems and which remedies it permits.
Prepared with AlphaScala research tooling and grounded in primary market data: live prices, fundamentals, SEC filings, hedge-fund holdings, and insider activity. Each story is checked against AlphaScala publishing rules before release. Educational coverage, not personalized advice.