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Representation Elections, Anti-Semitism And The National Labor Relations Board, John W. Teeter Jr, Christopher Burnett

Faculty Articles

The use of anti-Jewish propaganda in labor representation elections undermines employee freedom and workplace democracy. This Judeopathic practice has proved to be a vexing problem for both the National Labor Relations Board (“the Board”) and the federal courts. The Board has been haphazard and lax in applying the doctrine of Sewell Manufacturing Co. in cases involving anti-Semitism, whereas the federal appellate courts have applied Sewell more consistently to purge elections of anti-Jewish misconduct. This divergence between the Board and reviewing courts may be the result of a pattern of nonacquiescence on the part of the Board. There are four fundamental …