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 …

Speech Inequality After Janus V. Afscme, Charlotte Garden

Indiana Law Journal

This Article explores the growing divide between the Roberts Court’s treatment of the free speech rights of wealthy individuals and corporations in campaign finance cases as compared to its treatment of the rights of public-sector labor unions and their members. First, it highlights some internal contradictions in the Janus Court’s analysis. Then, it discusses the growing—yet mostly ignored—divergence in the Court’s treatment of corporate and labor speakers with respect to the use of market influence to achieve political influence.

The Article has two Parts. In Part I, I explain how the Court reached its decision in Janus before critiquing the …

Survey Of (Mostly Outdated And Often Ineffective) Laws Affecting Work-Related Monitoring, Robert Sprague

Chicago-Kent Law Review

This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future—indeed the present—does not bode well for worker privacy.

Dignity Takings And Wage Theft, César F. Rosado Marzán

Chicago-Kent Law Review

No abstract provided.

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 …

Is Labor Really Cheap In China - Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro

San Diego International Law Journal

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.

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 …

Response To Theodore J. St. Antoine And Michael C. Harper, Barry A. Macey

Indiana Law Journal

Symposium: New Rules for a New Game: Regulating Employment Relationships in the 21st Century, held at the Indiana University School of Law-Bloomington.

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.

The European Commission's Proposals On Worker Participation In The European Economic Community, Marc-Hubert Battaille

Northwestern Journal of International Law & Business

The current trend toward greater worker participation in business decisions is reflected in European Economic Community developments. In this article, Mr. Battaille examines recent European Commission measures which attempt to harmonize national company law legislation in the Member States. The author focuses particularly on the Commission's proposal for a Council Directive to ensure the right to information and consultation for workers of enterprises exercising their activities in more than one establishment or subsidiary in one or several Member States.

The Evolving Concept Of European Labor Relations Legislation, Walter Kolvenbach

Northwestern Journal of International Law & Business

The subject of worker participation in the decision-making process has become one of the major topics in the developing area of EEC labor law. The EEC Treaty, however, does not provide the direct legal basis for the introduction of worker participation legislation by the Community. The Commission, therefore, has concentrated on harmonizing the company legislation of the Member States in its drive to develop a European labor legislation. In this article, Dr. Kolvenbach surveys the existing company legislation in the Member States dealing with worker participation and discusses the recent harmonization proposals of the Commission. He then concludes by supporting …

"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.

Organizational Representation Suits: Labor Unions May Attack Employment Discrimination Without Having To Meet Rule 23 Requirements, Richard J. Epps Jr.

Indiana Law Journal

No abstract provided.

Labor Law--Unions--Union Must Petition For An Election, William G. Mercer

West Virginia 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.

Respect For Picket Lines

Indiana Law Journal

No abstract provided.

Craft Severance: Nlrb's New Approach

Indiana Law Journal

No abstract provided.

Bargaining Orders For Employer Coercion: A Need For Consistency

Indiana Law Journal

No abstract provided.

Labor Law--Bargaining In Good Faith--Union's Right To Conduct Time Studies On Company Property, Edward Perry Johnson

West Virginia 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.

Injunctive Relief Against Picketing Under The Indiana Right To Work Law

Indiana Law Journal

No abstract provided.

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

William & Mary Law Review

No abstract provided.

Arbitration Of No-Strike Clause Breaches: An Answer To Section 301 Of The Taft-Hartley Act

Indiana Law Journal

No abstract provided.