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The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green
The Nlrb As An Uberagency For The Evolving Workplace, Michael Z. Green
Faculty Scholarship
In addressing legal issues regarding the relationships between employers and employees, one must navigate a complex maze of rights and remedies that govern the workplace. This Essay details several recent and important workplace disputes addressed by the National Labor Relations Board (NLRB) pursuant to Section 7 of the National Labor Relations Act (NLRA). Section 7 protects a worker's right to pursue an activity for mutual aid or protection regarding wages, hours, and other terms and conditions of employment. The NLRB, a unique agency with its ultimate decisions determined by five members who primarily establish rules through adjudication rather than rule …
Unusual Unanimity And The Ongoing Debate On The Meaning Of Words: The Labor And Employment Decisions From The Supreme Court's 2013-14 Term, Michael Z. Green
Unusual Unanimity And The Ongoing Debate On The Meaning Of Words: The Labor And Employment Decisions From The Supreme Court's 2013-14 Term, Michael Z. Green
Faculty Scholarship
During its 2013-14 term, the Supreme Court focused on labor relations, wage and hour law, whistleblowing, and employee benefits in several cases. The Court also addressed constitutional issues concerning the First Amendment, the Recess Appointments Clause, and affirmative action. The Court did not decide any employment discrimination cases during the term. Even without employment discrimination cases, the 2013-2014 term provided ten key cases of importance to labor and employment lawyers. Three of these cases involved distinctly different matters of concern for organized labor. Two cases addressed employee whistleblowing matters. Three cases focused on employee benefits. Two cases addressed issues tangentially-related …