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ACOMPARATIVE study of labor developments in the UnitedStates and in some of the civil law countries strikingly illustrates the degree to which the collective bargaining agreement remains an unassimilated phenomenon in the structure of American law.'This does not mean that American legislators, judges and scholars have not considered the problem at length, 2 for they recognize the tremendous importance of the collective bargaining agreement as an almost singular instance of private "legislation," so to speak, controlling some of the most important relationships in our society.But it does suggest that whatever legal efforts we have expended have been directed primarily at the making of collective agreements.Thus, the Norris-LaGuardia Act greatly broadened the base of collective bargaining by unleashing the economic strength of organized labor; and the Wagner Act resulted in tremendous developments-far beyond the liking of a later Congress, as the Taft-Hartley Act has shown.But while both these statutes exhibit great concern for the making of collective agreements, precious little has been done in our law to insure their enforcibility.This state of imbalance may perhaps be explained by the fact that a laissez-faire minded legal system preferred to leave the enforcement of this novel "contract" to the parties themselves.Moreover, there never has
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