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Author:Jack Goldsmith

Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, where he teaches and writes about national security law, international law, internet law, and, recently, labor history. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.

James Sherk of Heritage on Members-Only Bargaining

Jul 11, 2014 Jack Goldsmith

James Sherk, senior policy analyst in labor economics at The Heritage Foundation, writes in response to my post on A Labor Reform Proposal Conservatives Should Support: I support members-only bargaining which prevents non-members from receiving union services. I wrote in support of that idea in a Heritage Backgrounder two years ago. It is a labor reform conservatives […]

A Labor Reform Proposal Conservatives Should Support

Jul 10, 2014 Jack Goldsmith

The touchstone of conservative criticism of unions is worker “coercion” – the idea that individuals who don’t want to be in unions are required to join one if a majority of workers in the bargaining unit votes for one, or at least are required to pay agency fees for the non-political aspects of collective bargaining. […]

Five Justices Probably Still Want to Kill Abood

Jul 1, 2014 Jack Goldsmith

Ben plausibly says of Harris: The dicta in Harris about Abood is serious, and it shows that some number of Justices would like to overturn Abood. But the holding in today’s decision shows that that number probably does not equal 5. Most of the Harris dicta is just a repeat of what was already said Knox, and Harris was a completely viable vehicle for overruling Abood. That the Court did not […]

UNITE HERE’s Harshly Critical Report About Obamacare

Mar 11, 2014 Jack Goldsmith

Late yesterday, UNITE HERE confirmed to the On Labor staff that the union authored a report, The Irony of ObamaCare: Making Inequality Worse, that has been circulating on mainly conservative news sites recently. The report has gained attention because it is one of the broadest and harshest attacks yet on the Affordable Care Act by the labor movement. The report argues that Obamacare […]

Robots and Labor (Continued)

Jan 24, 2014 Jack Goldsmith

The Financial Times (behind paywall) reports on a speech by Google’s Eric Schmidt on the effects of robot technology on labor, in which Schmidt says: “There is quite a bit of research that middle class jobs that are relatively highly skilled are being automated out,” he said. The auto industry was an example of robots […]

Oral Argument in Harris v. Quinn: Justice Scalia Siding with the Union?

Jan 21, 2014 Jack Goldsmith

Here is the quickie transcript of the oral argument this morning in Harris v. Quinn. Perhaps the most important takeaway from argument is that Justice Scalia appeared to believe that the First Amendment is not implicated when public employee unions bargain over employment conditions, and thus seemed disinclined to overrule Abood (even though he joined Knox, which stated in dicta […]

Is Abood in Trouble?

Jan 19, 2014 Jack Goldsmith

That question is the title of Lyle Denniston’s preview of Harris v. Quinn at SCOTUSblog. After reviewing the history of the case, Denniston explains how it “has mushroomed, since the Court granted it, into a major test of the continuing validity of the Abood precedent.” (Abood held that agency shop arrangements in the public sector are consistent […]

Petitioners' Reply Brief in Harris v. Quinn

Jan 18, 2014 Jack Goldsmith

It can be found here. Oral argument is Tuesday.

Sad Coda to the 50th Anniversary of Teamsters National Master Freight Agreement

Jan 15, 2014 Jack Goldsmith

Today is the 50th Anniversary of Jimmy Hoffa’s greatest achievement as a labor leader: the January 15, 1964 National Master Freight Agreement (NMFA) between the Teamsters Union and the motor carrier industry. The contract covered 400,000 union members and 16,000 trucking companies. It raised wages significantly, improved working conditions, increased employer payments into pension and […]

Respondents’ Merits Brief in Harris v. Quinn

Dec 23, 2013 Jack Goldsmith

Respondents filed their merits briefs today in Harris v. Quinn, this Term’s big public sector union case. Here they are: Brief of Governor Pat Quinn Brief of AFSCME Council 31 and SEIU Local 73 Brief of SEIU Healthcare Illinois & Indiana

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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James Sherk of Heritage on Members-Only Bargaining

A Labor Reform Proposal Conservatives Should Support

Five Justices Probably Still Want to Kill Abood

UNITE HERE’s Harshly Critical Report About Obamacare

Robots and Labor (Continued)

Oral Argument in Harris v. Quinn: Justice Scalia Siding with the Union?

Is Abood in Trouble?

Petitioners' Reply Brief in Harris v. Quinn

Sad Coda to the 50th Anniversary of Teamsters National Master Freight Agreement

Respondents’ Merits Brief in Harris v. Quinn