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83 posts

It’s Time for a Real Right to Work

Published December 5th, 2016 -

In 1912, when the labor leader Eugene V. Debs ran for President for the fourth time as the Socialist Party candidate, in his acceptance speech he spoke of a day when “the right to work shall be as inviolate as the right to breathe the breath of life.”  But, in... More »

Stronger Together

Published November 30th, 2016 -

This post is part of a series on Labor in the Trump Years. The challenge facing unions following Donald Trump’s victory is a familiar one.  Trump, a twenty-first century robber baron, won the election by using a playbook familiar to nineteenth century robber b... More »

The Future of Labor

Published November 18th, 2016 -

This post is part of a series on Labor in the Trump Years. From the end of Reconstruction up through the election of 2016, political elites have done a masterful job convincing the white working class that they do not share a common interest with nonwhite work... More »

Workers, the Courts, and the Election

Published November 3rd, 2016 -

Many people across the political spectrum have highlighted the importance of this year’s Presidential election to the future of the Supreme Court.  Also at stake in the Presidential election is the composition of the lower federal courts.  And since judicial a... More »

The Obama Board’s Legacy – Part 2 of 2

Published October 4th, 2016 -

This post is the second in a two-part series. This is the second of a two-part retrospective on President Obama’s NLRB.  The first part addressed how confirmation fights led to three Supreme Court cases and contributed to a change in the filibuster rules.  Thi... More »

The Obama Board’s Legacy – Part 1 of 2

Published September 22nd, 2016 -

This post is the first in a two-part series. When Kent Hirozawa’s term ended last month, the NLRB was reduced to three members – two Democrats and one Republican.  By tradition, it takes three Board Members to reverse precedent, and since no proposed rules are... More »

Board Member Opens Door for Members-Only Bargaining

Published September 15th, 2016 -

Ten years ago, Charles Morris wrote a book called “The Blue Eagle at Work,” where he argued that under the National Labor Relations Act employers have a duty to bargain with minority unions on a members-only basis.  After the book came out, the Steelworkers Un... More »

Fact and Fiction About Graduate Student Unionizing

Published September 7th, 2016 -

When the NLRB in Columbia University held that university student workers are “employees” with the right to unionize, it restored at private universities a right student workers had between 2000 and 2004, a right that their counterparts have had in medical edu... More »

Labor Law is Still Broken

Published August 24th, 2016 -

Although we are unlikely to hear the Presidential candidates discuss this issue, a decision issued last week by the D.C. Circuit highlights the ongoing need for labor law reform.  The case, Ozburn-Hessey Logistics, LLC v. NLRB, demonstrates how employers can f... More »

Ban the Box and Perverse Consequences, Part III

Published August 4th, 2016 -

This is the final post in a three-part series. This is the last in a series of three posts on the prominent perverse consequences argument against “Banning the Box.”  The argument is that efforts to curtail employer exclusion of people with criminal records in... More »