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Dissent in Exile: UPS, 369 NLRB No. 1 (December 23, 2019)

Published January 7th, 2020 -

In the new Board’s first decision of the post-McFerran era, United Parcel Service, Inc., 369 NLRB No. 1 (2019), the Board’s three Republican members overturn yet another Obama Board decision. This time, the Republican-only Board has taken on arbitral deferral ... More »

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What Labor Law Teaches Us About Trump’s Defenses

Published December 20th, 2019 -

Two of the key talking points Republicans in the House of Representatives repeated endlessly in defense of Donald Trump were that Trump did not directly threaten Ukranian President Volodymyr Zelensky during the July 25th telephone call, and Zelensky later said... More »

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Privileging Property in the NLRB Email Case

Published December 19th, 2019 -

As Ryan reported yesterday, the Board has overruled Purple Communications and held that employees—in most circumstances—may not use an employer’s email system to communicate about unionization or other section 7 activity. The effects of this decision (Ri... More »

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Senator Wagner Still Speaks, And We Should Listen

Published November 21st, 2019 -

My new book, How the Working Class Can Help the Middle Class: Reintroducing Non-Majority Collective Bargaining to the American Workplace, verifies and explains the legal basis of a little-known collective bargaining process, to wit, members-only minority-union... More »

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The Trump NLRB’s Stealth Blow Against Campus Solidarity

Published November 19th, 2019 -

The Trump NLRB is receiving comments on its proposed rule to exclude university teaching and research assistants who are also graduate students from the coverage of the National Labor Relations Act.  That proposal has generated a fair amount of media coverage ... More »

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Labor Law Should Encourage Short Strikes

Published November 4th, 2019 -

Now that the General Motors strike is over, it’s a good time to reflect on how a recent Trump NLRB decision creates perverse incentives to unnecessarily prolong strikes.   In July, in Wal-Mart Stores, Inc., without any meaningful analysis, the Trump NLRB membe... More »