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Independent Adjudication, Political Process, And The State Of Labor-Management Relations: The Role Of The National Labor Relations Board, William B. Gould Iv

Indiana Law Journal

William R. Stewart Lecture given at Indiana University School of Law-Bloomington on October 31, 2006.

On Mock Funerals, Banners, And Giant Rat Balloons: Why Current Interpretation Of Section 8(B)(4)(Ii)(B) Of The National Labor Relations Act Unconstitutionality Burdens Union Speech, Kate L. Racokzy

American University Law Review

This Comment discusses whether the government may prohibit unions from engaging in types of secondary protest like mock funerals. Since 1959, § 8(b)(4)(ii)(B) of the National Labor Relations Act (“NLRA” or “the Act”) has made it illegal for unions to “threaten, coerce, or restrain” secondary employers into severing their business ties with primary employers. Precisely what forms of protest this provision outlaws, however, is unclear. On one end of the spectrum, courts almost always find that picketing secondary employers constitutes illegal coercion, for courts see pickets as having a unique power to induce automatic action. On the other end, the …

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Voices From The Workplace: Oakwood Healthcare, Inc. And The Rollback Of Labor Rights Under The Current National Labor Relations Board, Eric Wiesner

University of San Francisco Law Review

This Comment argues that in the current atmosphere in which the Board has faltered in its ability to carry out the national labor policy of encouraging unionization and collective bargaining, and the proper forum for enforcing the rights of workers is the legislative branch, and concludes by arguing for congressional action to amend the Act as the best means to bring the statutory definition of supervisor in line with modern workplace realities.