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Full-Text Articles in Labor and Employment Law
Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney
Neutrality Agreements And Card Check Recognition: Prospects For Changing Paradigms , James J. Brudney
Faculty Scholarship
The rise of neutrality agreements is a major development in labor-management relations in this country. The union movement's new approach to organizing displaces elections supervised by the National Labor Relations Board (NLRB) with negotiated agreements that provide for employers to remain neutral during an upcoming union campaign and (in most instances) for employees to decide if they wish to be represented through signing authorization cards rather than through a secret ballot election. Professor Brudney demonstrates the substantial role now being played by this contractually based approach to union organizing. He also explains why so many employers have agreed to neutrality …
Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney
Isolated And Politicized: The Nlrb's Uncertain Future The National Labor Relations Board In Comparative Context: Introduction, James J. Brudney
Faculty Scholarship
The National Labor Relations Board has managed to remain unusually detached or isolated in its decision-making even as it has come to operate in an openly partisan manner. There is a certain paradoxical quality to the coexistence of these two descriptors for Board conduct: isolation in agency performance ordinarily suggests a neutral separation from the political process whereas politicization implies a close connection to the elected branches. The explanation for this odd pairing involves a number of factors: some reflect political realities beyond the agency's ability to control, others relate to the structure of the NLRA, and still others are …