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Labor and Employment Law

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1991

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National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley Jan 1991

National Labor Relations Board Control Of Union Discipline And The Myth Of Nonintervention, Roger C. Hartley

Scholarly Articles

This article explains how the NLRB, contrary to its protestations of noninterference with internal union affairs, has perfected its grip on union self-governance through control of the union disciplinary processes. The disparity between the Board's policies and its actions discredits the Board's proclaimed abstention.

Second, this article examines whether the NLRB overreaches its regulatory authority through its intervention in the officer selection and discipline processes. NLRB regulation of union discipline rests primarily on section 8(b)(1)(A) of the Labor Management Relations (Taft-Hartley) Act.8 The Board's early decisions under this section, as well as judicial precedent, defined a narrower role for NLRB …