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Full-Text Articles in Law
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
St. Mary's Law Journal
Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …
Protected Concerted Activity In The Non-Union Context: Limitations On The Employer's Rights To Discipline Or Discharge Employees, Judith J. Johnson
Protected Concerted Activity In The Non-Union Context: Limitations On The Employer's Rights To Discipline Or Discharge Employees, Judith J. Johnson
Journal Articles
To the extent possible, this Article will be devoted to the situation in which there is no union or union organizational activity. It should be recognized that since the National Labor Relations Act does not distinguish between the statutory rights of union and non-union employees, many of the cases involving the protected concerted activities of union members are persuasive, if not binding, authority in the non-union context. The limitations placed by the Act on employers' rights will be delineated by an examination of the four factors upon which the courts have placed emphasis-definition of the term "concerted," proper purposes of …