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Articles 1 - 11 of 11

Full-Text Articles in Law

Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen Jun 2021

Stifling Nascent Concerted Activity: The Nlrb And The Alstate Decision, Melanie R. Allen

William & Mary Journal of Race, Gender, and Social Justice

The National Labor Relations Board (NLRB) made a number of significant changes to the interpretation and enforcement of the National Labor Relations Act (NLRA or the Act) under the Trump administration. The collective impact of these changes may make it more difficult for workers to bring successful unfair labor practice charges against their employers. Although NLRB case decisions and rulemaking affect a large proportion of American workers, the significance of these policy changes is often not widely recognized. This Note will examine one such change—the Board’s 2019 Alstate Maintenance decision that overturned its 2011 decision in WorldMark by Wyndham.


Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien Feb 2021

Twenty-First Century Labor Law: Striking The Right Balance Between Workplace Civility Rules That Accommodate Equal Employment Opportunity Obligations And The Loss Of Protection For Concerted Activities Under The National Labor Relations Act, Christine Neylon O'Brien

William & Mary Business Law Review

Employees who engage in protected concerted activities relating to work generally are shielded from discipline by Section 7 of the National Labor Relations Act (NLRA). Where otherwise protected work-related activity involves profanity or offensive speech or actions, whether in or out of the workplace, on a picket line, or on social media, such may violate employer civility rules and/or equal employment opportunity laws. Important interests are at stake, including for employers to maintain a safe, discrimination-free workplace; and for employees to exercise their right to communicate about workplace matters. This Article analyzes recent cases on the question when offensive employee …


Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese Jan 2013

Competition Policy And The Great Depression: Lessons Learned And A New Way Forward, Alan J. Meese

Faculty Publications

The recent Great Recession has shaken the nation’s faith in free markets and inspired various forms of actual or proposed regulatory intervention displacing free competition. Proponents of such intervention often claim that such interference with free-market outcomes will help foster economic recovery and thus macroeconomic stability by, for instance, enhancing the “purchasing power” of workers or reducing consumer prices. Such arguments for increased economic centralization echo those made during the Great Depression, when proponents of regulatory intervention claimed that such interference with economic liberty and free competition, including suspension of the antitrust laws, was necessary to foster economic recovery. Indeed, …


Eliminating The Intent Requirement In Constructive Discharge Cases: Pennsylvania State Police V. Suders, Crystal L. Norrick Mar 2006

Eliminating The Intent Requirement In Constructive Discharge Cases: Pennsylvania State Police V. Suders, Crystal L. Norrick

William & Mary Law Review

No abstract provided.


Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White Oct 1997

Modern Discrimination Theory And The National Labor Relations Act, Rebecca Hanner White

William & Mary Law Review

No abstract provided.


Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George Jan 1988

Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George

Faculty Publications

No abstract provided.


Nlrb Deferral To Arbitration: The Evolution Of The Spielberg Doctrine, Brian S. Taylor Dec 1981

Nlrb Deferral To Arbitration: The Evolution Of The Spielberg Doctrine, Brian S. Taylor

William & Mary Law Review

No abstract provided.


Protest Groups And Labor Disputes - Toward A Definition Of "Labor Organization": Center For United Labor Action May 1976

Protest Groups And Labor Disputes - Toward A Definition Of "Labor Organization": Center For United Labor Action

William & Mary Law Review

No abstract provided.


Section 8(B)(1)(B) As A Bar To The Persuit Of Self-Help Remedies By Supervisors - Sometimes Oct 1974

Section 8(B)(1)(B) As A Bar To The Persuit Of Self-Help Remedies By Supervisors - Sometimes

William & Mary Law Review

No abstract provided.


Union Discipline Of Supervisors: Illinois Bell Telephone Co. Mar 1973

Union Discipline Of Supervisors: Illinois Bell Telephone Co.

William & Mary Law Review

No abstract provided.


Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967) Mar 1968

Labor Law - Union Authorization Cards - Nlrb V. S.S. Logan Packing Co., 386 F.2d 563 (4th Cir. 1967)

William & Mary Law Review

No abstract provided.