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Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch
Taking State Property Rights Out Of Federal Labor Law, Jeffrey M. Hirsch
ExpressO
Currently, the National Labor Relations Board determines whether union organizers have a right to access employer property by looking almost exclusively to an employer’s state law right-to-exclude. If the employer possesses such a right, an attempt to exclude organizers will generally be lawful; if the employer lacks that right, the exclusions will be unlawful. This analysis makes little sense, as an employer’s state property interests are irrelevant to the primary labor issue in these cases—whether the exclusion interferes with employees’ federal labor rights. Employees will tend to view hostile or discriminatory exclusions of organizing activity as coercive, whether or not …
Comparative Advantage And Labor Protections In Free Trade Agreements: Making Labor Protections In Trade Agreements Practical And Effective, Michael E. Aleo
Comparative Advantage And Labor Protections In Free Trade Agreements: Making Labor Protections In Trade Agreements Practical And Effective, Michael E. Aleo
ExpressO
The tension between competitiveness in international trade and the improvement of living standards has become a central controversy in negotiating trade agreements. Under pressure from the labor rights movement over the course of the last twenty-five years, the United States has regularly advocated for the inclusion of labor standards in trade relationships. Generally, governments in developing countries resist the incorporation of labor protections in trade agreements because of a belief that labor protections diminish a nation’s competitiveness in the international marketplace. Labor rights advocates, particularly in the United States, have fought for the inclusion of labor rights in trade agreements …
Reconstituting The Law Of The Workplace In An Era Of Self-Regulation, Cynthia L. Estlund
Reconstituting The Law Of The Workplace In An Era Of Self-Regulation, Cynthia L. Estlund
ExpressO
As the reach of collective bargaining has shrunk in recent decades, the domain of employment law – of judicially-enforceable individual rights and administratively-enforced regulatory standards – has expanded. Both branches of employment law have seen the rise of employer “self-regulation” – internal systems for enforcement of rights and regulatory standards – and of legal inducements to self-regulation in the form of reduced public oversight or sanctions. In the shift from “self-governance” to “self-regulation,” employees have lost their institutional voices and are losing the protective oversight of courts and public agencies. In this article Professor Estlund looks for ways not to …