OnLabor

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Author:Sharon Block

Sharon Block is a Professor of Practice and the Executive Director of the Center for Labor and a Just Economy at Harvard Law School.

Epic Fall Out: The Supreme Court and Concerted Activity

May 23, 2018 Benjamin Sachs and Sharon Block

In September, we worried that the Trump Administration was using Epic Systems (aka Murphy Oil) to lay the groundwork for curtailing protection of concerted activity outside the union organizing and collective bargaining context. To our relief, Epic Systems does limited damage to section 7 of the NLRA: the Court refuses to recognize in § 7 […]

Alternative Facts at the NLRB

Mar 28, 2018 Sharon Block

Peter Robb, the NLRB General Counsel appointed by President Trump, has a change agenda for the agency. He recently took two actions that have garnered a great deal of attention among Board watchers. His announcements regarding a significant reorganization of the Board’s structure and processes and his intent to settle the McDonald’s case mark significant […]

Board Vacates Hy-Brand, Raising More Questions

Feb 27, 2018 Sharon Block

Yesterday, the National Labor Relations Board vacated its December decision in Hy-Brand Industrial Contractors. (Ben and Sharon had called for this action in OnLabor last week here and here.) The Board’s unusual action follows a finding by the Board’s Inspector General that Member Bill Emanuel should have recused himself from participation in the case. The […]

The NLRB Should Withdraw Hy-Brand . . . AND!

Feb 22, 2018 Sharon Block

To start, I completely agree with everything Ben wrote about the need for the NLRB to withdraw the Hy-Brand decision because of Member Bill Emanuel’s improper participation in the decisionmaking process. My only departure is that I don’t think Ben’s call for action goes far enough. The Board should not only take Ben’s advice to […]

Uber’s Political Program in the States

Jan 19, 2018 Sharon Block and Benjamin Sachs

The National Employment Law Project and the Partnership for Working Families are out today with a new report, “Uber State Interference: How Transportation Network Companies Buy, Bully, and Bamboozle Their Way To Deregulation”. The report provides a comprehensive look at Uber’s strategy to aggressively push for state legislation to protect its business model. Such legislation, […]

Continuing the Labor Law Reform Debate in 2018

Jan 3, 2018 Benjamin Sachs and Sharon Block

By Sharon Block and Benjamin Sachs In September, we shared our plan to hold a symposium at Harvard Law on the question of whether it is time to end labor preemption. The symposium brought together leading labor law scholars and practitioners to wrestle with this big question. To help give context to the symposium discussion, we had asked several […]

Miscimarra’s Parting Shot: Was It a December Massacre?

Dec 19, 2017 Sharon Block

In recent years, the end of a National Labor Relations Board member’s term occasioned an odd death watch for controversial precedent. Last week, Board Chair Phil Miscimarra finished his term with a flurry of big decisions, including five cases that overturned very significant precedent. In every one of the precedent-reversing cases, the Board split along […]

What Harvey Weinstein Has To Teach Us About the Weakness of Our Laws

Nov 28, 2017 Sharon Block

We clearly are in a different moment in the country now in how we respond to sexual harassment in the workplace. It is yet to be seen whether this moment will lead to something bigger and longer lasting. But one thing seems certain in the wake of this new moment – the law that is […]

Backhanded Compliment: Acosta Threatens Workers Centers

Nov 20, 2017 Sharon Block

In his hearing before the House Education and Workforce Committee last week, Labor Secretary Alex Acosta issued an ominous warning to worker centers across the country. When asked by Rep. Francis Rooney (R. Fla.) whether the Department of Labor would begin regulating these “union front organizations,” Acosta previewed that DOL may be taking a step […]

A Narrow Preemption Exception

Oct 23, 2017 Sharon Block

The Ninth Circuit issued a decision this week on whether the City of Los Angeles can include in its contracts with companies doing business at LAX a requirement that they enter into labor peace agreements or whether such a contract clause is preempted by the NLRA. Specifically, the city conditions licenses to provide services at […]

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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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Epic Fall Out: The Supreme Court and Concerted Activity

Alternative Facts at the NLRB

Board Vacates Hy-Brand, Raising More Questions

The NLRB Should Withdraw Hy-Brand . . . AND!

Uber’s Political Program in the States

Continuing the Labor Law Reform Debate in 2018

Miscimarra’s Parting Shot: Was It a December Massacre?

What Harvey Weinstein Has To Teach Us About the Weakness of Our Laws

Backhanded Compliment: Acosta Threatens Workers Centers

A Narrow Preemption Exception