Labor and Employment Law Commons^™

The Audacity Of Protecting Racist Speech Under The National Labor Relations Act, Michael Z. Green

Michael Z. Green

This Article, written for a symposium hosted by the University of Chicago Legal Forum on the Disruptive Workplace, analyzes the most recent failures of the National Labor Relations Board (NLRB) to determine a thoughtful and balanced approach in addressing racist speech. Imagine two employees in the private sector workplace are discussing the possibility of selecting a union to represent their interests regarding wages and working conditions. During this conversation, a black employee notes the importance of using their collective voices to improve working conditions and compares the activity of selecting a union with the Black Lives Matter protests aimed at …

Angry Employees, Susan D. Carle

Susan D. Carle

"What The Nlrb Giveth The Nlrb Taketh Away: Contrasting Views Concerning Graduate Student Unions", Richard J. Hunter Jr.

Richard J Hunter Jr.

This paper will discuss the status of efforts to unionize various types of graduate students, including teaching assistants, research assistants, and graduate assistants in light of two important NLRB precedents found in New York University and Brown University. The paper contains an introduction to labor law, including a discussion of the certification process, jurisdiction of the NLRB, the requirement of a "substantial showing of interest," establishment of bargaining units, and spacing of representation elections. The paper raises questions about the impact of these contrary rulings on the attempts to form a union by scholarship football players at Northwestern University in …

Collective Bargaining And The Coase Theorem, Stewart J. Schwab

Stewart J Schwab

No abstract provided.

Awaking Rip Van Winkle: Has The National Labor Relations Act Reached A Turning Point?, William R. Corbett

William R. Corbett

No abstract provided.

Gridlock At The Nlrb: One Step Back, Two Steps Further Back, Michael J. Goldberg

Michael J Goldberg

No abstract provided.

The Limitation On Undocumented Workers’ Lost Earnings After Balbuena And Sanango: Crafting A Fair And Principled Balance Of Immigration Policy And New York State Labor Law § 240 Safety Goals, Meredith R. Miller

Meredith R. Miller

In December 2004, in a pair of cases, the Appellate Division, First Department, held that under state labor and tort laws, injured workers who are not legally permitted to be present or employed in the United States are only entitled to receive lost earnings reflecting what they could have earned in their country of origin. This article explores these First Department decisions by first discussing the federal statutory and decisional backdrop against which the cases arose. This article then provides a discussion of the First Department cases and the competing economic incentives they implicate. Finally, this article posits that a …

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Richard W Hurd

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases …

Senate Gridlock Cripples Nlrb, Michael Goldberg

Michael J Goldberg

No abstract provided.

Empiricism In Nlrb Election Regulation: Shopping Kart And General Knit In Retrospect, Mark Grunewald

Mark H. Grunewald

No abstract provided.