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Full-Text Articles in Law
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Collateral Conflict: Employer Claims Of Rico Extortion Against Union Comprehensive Campaign , James J. Brudney
Faculty Scholarship
The article addresses an important yet largely overlooked issue of statutory meaning and labor relations policy: employers’ aggressive use of civil RICO actions to chill coordinated union efforts in the organizing and bargaining arenas. Over the past 30 years, facing volatile economic conditions and complex corporate relationships, unions have mounted coordinated campaigns (aimed at consumers, public officials, lenders, the media, and the public) in order to help organize new workers and to renew collective bargaining relationships. These often high-profile campaigns have at times been quite successful. In response, employers since the late 1980s have invoked civil RICO’s broad language to …
Private Injuries, Public Policies: Adjusting The Nlrb's Approach To Backpay Remedies Symposium: Whither The Board: The National Labor Relations Board At 75, James J. Brudney
Private Injuries, Public Policies: Adjusting The Nlrb's Approach To Backpay Remedies Symposium: Whither The Board: The National Labor Relations Board At 75, James J. Brudney
Faculty Scholarship
From fiscal years 2004 through 2008, over 135,000 employees received backpay through NLRB proceedings, mostly based on wrongful discharges. The Labor Board's backpay determination processes are often cumbersome and time-consuming to apply: they effectively invite employers to reduce and delay monetary recoveries and, not coincidentally, they undermine the remaining employees' interest in pursuing unionization and a collective bargaining relationship. The Article first asks to what extent the Board has statutory authority to adjust its approach toward backpay and mitigation. The answer, in short, is more than has previously been understood. Invoking the remedial authority found within section 10(c) and embraced …