Law Commons^™

Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien

William & Mary Business Law Review

Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may violate employer civility rules and/or equal employment opportunity laws. Important interests are at stake, including for employers to maintain a safe, discrimination-free workplace; and for employees to exercise their right to communicate about workplace matters. This Article analyzes recent cases on the question when offensive employee …

Janus And The Future Of Collective Bargaining: Rhetorically Predicting A First Amendment Right To Negotiation, Thomas J. Freeman, Aaron Mckain, Destynie J.L. Sewell

William & Mary Business Law Review

The importance of the U.S. Supreme Court ruling in Janus v. American Federation of State, County, and Municipal Employees has been widely recognized for its effect on reducing the power and influence of public unions. A close reading of the majority opinion provides a clue that compulsory collective bargaining itself may be settling into the court’s crosshairs. Collective bargaining is an important tool, by which labor can reduce the often-inherent power imbalance it has with ownership and management. Yet as this Article outlines, the interests of individual workers can often be at odds with those other workers workers, particularly those …

Citizens, United And Citizens United: The Future Of Labor Speech Rights?, Charlotte Garden

William & Mary Law Review

Within hours of its announcement, the Supreme Court’s decision in Citizens United v. FEC came under attack from progressive groups. Among these groups were some of America’s largest laborunions—even though the decision applies equally to unions and for profit corporations. The reason is clear: there exist both practical andstructural impediments that will prevent unions from benefittingfrom Citizens United to the same extent as corporations. Therefore,Citizens United stands to unleash a torrent of corporate electioneering that could drown out the countervailing voice of organized labor.

This Article, however, takes a broader view of Citizens United to explore a possible silver lining …

A Clearing In The Forest: Infusing The Labor Union Dues Dispute With First Amendment Values, Harry G. Hutchinson

William & Mary Bill of Rights Journal

This article deploys public choice theory and postmodem identity claims to develop a far-reaching understanding of the union dues dispute, which suggests that the burden of proof on the existence of and/or the possibility of an enduring union community should be placed on proponents of this view. While the postmodern project can be seen as an unsettled approach that is riven by coherency issues, not the least, its insistence on offering the good without the true, it supplies modest benefits by revealing the conceivably infinite varieties of human preferences in contemporary America. The absence of preference convergence, understood from the …

Back To The Future Of Labor Law, Matthew W. Finkin

William & Mary Law Review

No abstract provided.

The Enforceability Of Prehire Agreements, Douglas B. Habig

William & Mary Law Review

No abstract provided.

"As We See It" - The Nlrb And The Courts Accommodate Union Solicitation Rights And Hospital Patient-Care Responsibilities: Beth Israel Hospital V. The National Labor Relations Board, Frances H. Reynolds

William & Mary Law Review

No abstract provided.

Common Situs Picketing And Section 8(B)(4) Of The National Labor Relations Act, Michael A. Brodie

William & Mary Law Review

No abstract provided.

Constitutional Law - The Right Of A Labor Union To Provide Free Legal Counsel To Members - United Mine Workers V. Ill. State Bar Ass'n, 386 U.S. 941 (1967)

William & Mary Law Review

No abstract provided.

Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)

William & Mary Law Review

No abstract provided.

Foundations Of Union Power: The Complex Pattern Of Employment Laws, John M. Court

William & Mary Law Review

No abstract provided.

Union Security And The Right To Work Laws: Is Coexistence Possible?, J. T. Cutler

William & Mary Law Review

No abstract provided.