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Labor and Employment Law Commons

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Full-Text Articles in Labor and Employment Law

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald Mar 2020

A Different Set Of Rules? Nlrb Proposed Rule Making And Student Worker Unionization Rights, William A. Herbert, Joseph Van Der Naald

Journal of Collective Bargaining in the Academy

This article presents data, precedent, and empirical evidence relevant to the National Labor Relations Board (NLRB) proposal to issue a new rule to exclude graduate assistants and other student employees from coverage under the National Labor Relations Act (NLRA). The analysis in three parts. First, the authors show through an analysis of information from other federal agencies that the adoption of the proposed NLRB rule would exclude over 81,000 graduate assistants on private campuses from the right to unionize and engage in collective bargaining. Second, the article presents a legal history from the past half-century about unionization of student employees …


Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein Sep 2010

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 …