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Yale Law School

Labor

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Articles 1 - 4 of 4

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 ...


A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles Jan 1931

A Strike And Its Legal Consequences -- An Examination Of The Receivership Precedent For The Labor Injunction, Walter Nelles

Faculty Scholarship Series

THE study from which this paper proceeds is an attempt to
understand the labor injunction in the light of its comparatively
brief history.
The questions of labor law are indissociable from the question
of what Madison called "the most difficult of all political
arrangements"-that of so adjusting the conflicting claims of
those with and those without property "as to give security to
each and to promote the welfare of all." To deal with them
on the basis only of what is contained in law books is to miss
many factors which have influenced the judgments both of courts
and ...


Contracts Exempting Employers From Liability For Negligence, George E. Beers Jan 1898

Contracts Exempting Employers From Liability For Negligence, George E. Beers

Faculty Scholarship Series

The negligence, real and imaginary, of employers of labor,
gives rise to a large proportion of the lawsuits of every industrial
community. Such actions are among the contingencies which
are expected and in recent years commonly insured against. To
avoid the expense of casualty insurance and the risks of not
insuring, the wit of the employer has devised various schemes
which have from time to time come before the courts. They
are intended to furnish a sort of cheap insurance. It is the
object of this article to bring in review some of the principal
authorities and seek what answer ...