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1993

Business Organizations Law

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Labor, Loyalty, And The Corporate Campaign, Melinda J. Branscomb Jan 1993

Labor, Loyalty, And The Corporate Campaign, Melinda J. Branscomb

Faculty Articles

This article critically assesses the disloyalty test, offering badly needed guidance in this murky and risky area of labor law. Part I provides an overview of the relevant portions of the Act and the problems facing the National Labor Relations Board (NLRB or the Board) and the courts as these decision makers interpret section 7 law. It reviews the early section 7 exceptions, the creation of the disloyalty test, and the aftermath of this new exception, and it introduces a number of problems left as Jefferson Standard's legacy. Part II discusses the analytical inconsistency applied in disloyalty doctrine analysis and …