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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 …
Recrafting A Trojan Horse: Thoughts On Workplace Governance In Light Of Recent British Labor Law Developments , James J. Brudney
Recrafting A Trojan Horse: Thoughts On Workplace Governance In Light Of Recent British Labor Law Developments , James J. Brudney
Faculty Scholarship
In June of 2000, Britain established a statutory union recognition procedure applicable to all private and public employers with more than twenty workers.For a country with a history of voluntarism in labor-management relations, the creation of a legal mechanism by which unions could compel recognition from employers was a major change. The Labour Party government modeled its new approach to a considerable extent on our National Labor Relations Act (NLRA).3 Unions seeking statutory recognition must apply through a government agency; disagreements over proposed unit size or scope are to be resolved early by the agency; the union must show majority …
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Reflections On Group Action And The Law Of The Workplace Symposium: The Changing Workplace, James J. Brudney
Faculty Scholarship
Sixty years after the National Labor Relations Act (NLRA) was passed, collective action appears moribund. Current analysis burying and praising the NLRA has focused primarily on the changed economic realities of the product and labor markets. Yet there is another story to be told involving a comparable transformation of the legal culture. Relying in part on empirical analysis of court decisions, I argue that changes in federal workplace law over the past thirty years have undermined the concept of group action-in particular collective bargaining-as a preferred means of regulating the employment relationship. These changes are the product of leading institutional …
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Famous Victory: Collective Bargaining Protections And The Statutory Aging Process, A , James J. Brudney
Faculty Scholarship
When it enacted the National Labor Relations Act in 1935, Congress gave statutory recognition to collectively bargained terms and conditions of employment. In recent decades, the number of cases in which the Supreme Court has interpreted the NLRA has declined, leaving the Act's interpretation and enforcement primarily to the National Labor Relations Board and the federal courts of appeals. In this Article, Professor Brudney presents the results of his study of 1,224 NLRB adjudications and their fate upon federal court review, from 1986 to 1993. Professor Brudney analyzes the reversal and affirmance data, and identifies areas of general Board-court agreement …