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Yale Law School

Faculty Scholarship Series

Election Law

Articles 1 - 3 of 3

Full-Text Articles in Legal History

Relationship Between Free Choice And Labor Board Doctrine: Differing Empirical Approaches, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett Jan 1984

Relationship Between Free Choice And Labor Board Doctrine: Differing Empirical Approaches, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett

Faculty Scholarship Series

In Union Representation Elections: Law and Reality [hereinafter cited as Law and Reality], we examined the desirability of continued National Labor Relations Board (NLRB) regulation of pre-election campaigning. Our central finding, based upon a study of thirty-one elections and interviews with over a thousand employees, was that unlawful campaigning has no greater effect on employee voting behavior in union representation elections than does lawful campaigning. Hence, we recommended that the Board should no longer attempt to distinguish between lawful and unlawful campaigning; that the results of an election, once conducted, should be final; that speech should be wholly free; and ...


Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett Jan 1981

Union Representation Elections: Law And Reality: The Authors Respond To The Critics, Julius G. Getman, Stephen B. Goldberg, Jeanne M. Brett

Faculty Scholarship Series

In Union Representation Elections. Law and Reality (hereinafter
Law and Reality without cross-reference), we examined the desirability
of continued National Labor Relations Board (NLRB) regulation
of pre-election campaigning. Our central finding, based upon a
study of thirty-one elections, and interviews with over 1000 employees,
was that unlawful campaigning has no greater effect on employee
voting behavior in a union representation election than does
lawful campaigning. Hence, we recommended that the Board
should no longer attempt to distinguish between lawful and unlawful
campaigning; that the results of an election, once conducted, should
be final; and that speech should be wholly free ...


The Process Is Part Of The Problem, Julius G. Getman Jan 1979

The Process Is Part Of The Problem, Julius G. Getman

Faculty Scholarship Series

AMERICANS REVERE ELECTIONS. We use them to select
our political leaders, our judges, our labor union officials, the
directors of our major institutions, and a multitude of other holders
of high office. Among other things, elections determine
whether employees are to be represented by a union and whether
corporations should be merged; they're increasingly used to decide
questions of public policy through initiatives and referendums.
However, as the articles in this symposium suggest, the
proliferation of elections may in fact be undesirable and may increase
the need for regulation and accompanying costs so much
that it undercuts the values ...