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When Will the Republicans in Congress Stop Crying Wolf?

Jun 10, 2016 Andrew Strom

When it comes to the NLRB, Republicans in Congress are long on outrage and short on facts. In 2011, the NLRB issued a decision in Specialty Healthcare and Rehabilitation Center of Mobile that clarified the standard for when the Board will find that a petitioned-for unit of workers must also include an additional group of […]

Class Bias on Display at the D.C. Circuit

May 26, 2016 Andrew Strom

When it comes to imposing remedies, the NLRB is as toothless as an infant. When an employer issues threats to its workers, or when it refuses to bargain with a newly certified union, the standard remedy is an order to cease and desist, plus a requirement that the employer post a notice assuring workers that […]

The House Hearing on the New Persuader Rule Didn’t Persuade Anyone

May 12, 2016 Andrew Strom

In this era of divided government, Republicans in Congress understand that if they want to enact legislation, they need to compromise. But, the Republicans in the House of Representatives seem to have little interest in compromising. So, instead of trying to write bills that have a chance of becoming law, they prefer to spend their […]

The Brady Decision is Good for Unions

Apr 26, 2016 Andrew Strom

The National Football League is celebrating its victory at the Second Circuit Court of Appeals over the NFL Players’ Association in the case involving the four-game suspension of Tom Brady. But, while the Player’s Association may have lost, they accomplished two important things in their defeat. First, they called attention to fundamental flaws in the […]

Will the Fifth Circuit Try to Turn Back the Clock on the NLRB?

Apr 11, 2016 Andrew Strom

April 14th will mark the first anniversary of the NLRB’s new election rules. Before the rules went into effect, employer groups predictably fretted about what they saw as the dire consequences that would result. Yet, so far the rule changes have had little effect on union organizing. The number of election petitions has not increased, […]

Workplace Democracy Lite

Mar 31, 2016 Andrew Strom

Earlier this week, the Wall Street Journal ran an article entitled “Workplace Democracy Catches On.” I was surprised by this headline given how undemocratic most workplaces are. But, when I read the article I was less surprised. It turns out that these workplaces are democracies the way North Korea is a democracy – they hold […]

Power At Work: Mass Incarceration’s Shadow

Mar 30, 2016 Noah Zatz

What does mass incarceration have to do with labor law? I suggest some new and disturbing answers in a report released earlier today in collaboration with colleagues at the UCLA Labor Center and A New Way of Life Reentry Project. We highlight the labor market implications when government demands that workers find and accept certain […]

When the Supreme Court Makes Labor Policy

Mar 14, 2016 Andrew Strom

Have you ever read a newspaper article (or the on-line equivalent) reporting on something that you know about first-hand? If you’re like me, you notice that there are invariably some factual errors. This is understandable – reporters tend to have tight deadlines, and they are often generalists who don’t possess detailed background knowledge about the […]

Why The NLRB Should Allow Graduate Student Bargaining

Mar 2, 2016 Catherine Fisk

Jon Weinberg’s recent post analyzed why the Board should overrule Brown University and hold that Columbia University graduate student assistants are statutory employees within the meaning of Section 2(3) of the NLRA. In a brief I co-authored and filed on behalf of the American Association of University Professors, AAUP explained why the Board should allow […]

Pay Transparency at Work: The Great Equalizer?

Mar 1, 2016 Jake Rosenfeld

“Pay secrecy fosters discrimination and we should not tolerate it.” So declared President Obama in the Spring of 2014 upon signing an executive order ratcheting up punishments for federal contractors that maintain pay secrecy policies. Two years on and legislators in dozens of states are following the President’s lead by introducing policies that would crack […]

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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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When Will the Republicans in Congress Stop Crying Wolf?

Class Bias on Display at the D.C. Circuit

The House Hearing on the New Persuader Rule Didn’t Persuade Anyone

The Brady Decision is Good for Unions

Will the Fifth Circuit Try to Turn Back the Clock on the NLRB?

Workplace Democracy Lite

Power At Work: Mass Incarceration’s Shadow

When the Supreme Court Makes Labor Policy

Why The NLRB Should Allow Graduate Student Bargaining

Pay Transparency at Work: The Great Equalizer?