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national labor relations act

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14 posts

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

Published February 22nd, 2018 -

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 ... More »

Today’s News & Commentary — February 5, 2018

Published February 5th, 2018 -

Less than two years after having finally been recognized as the inspiration for J. Howard Miller’s iconic “We Can Do It!” World War II poster, Naomi Parker Fraley–the “true” Rosie the Riveter–died at age 96 on January ... More »

A Bad McSettlement

Published January 29th, 2018 -

The NLRB’s General Counsel recently sought a 60-day stay to try to settle unfair labor practice charges filed by the Fight for $15 campaign against McDonald’s and various franchisees as joint employers equally responsible for illegal retaliation. While Board p... More »

A Narrow Preemption Exception

Published October 23rd, 2017 -

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 N... More »

NFL Anthem Protests Highlight Another Flaw in Labor Law

Published October 20th, 2017 -

While I agree with Ben that Dallas Cowboys owner Jerry Jones violated the National Labor Relations Act when he threatened to bench players who refuse to stand for the national anthem, if the facts were slightly different the players would face a much starker c... More »

Time to Aim Higher for Workers’ Rights

Published October 12th, 2017 -

Labor activists must aim much higher if we are to push through the severe structural obstacles that limit organizing in the US. And now is the time as workers’ rights in the US are at a 100 year low and sinking at both the national and state level. The right t... More »

NFL Anthem Protests: Protected Concerted Activity

Published September 25th, 2017 -

I’ve been getting a number of press calls asking whether the NFL players who are sitting down during the national anthem might be disciplined by the League for doing so, or whether they enjoy legal protection against such employment action. I recommend, ... More »

Today’s News & Commentary — September 19, 2017

Published September 19th, 2017 -

Today, the Senate Committee on Health, Education, Labor and Pensions will hold a hearing on the Trump administration’s Equal Employment Opportunity Commission (EEOC) nominations.  Janet Dhillon and Daniel Gade are the nominees.  Dhillon, who is currently... More »

Is it Time to End Labor Preemption?

Published September 11th, 2017 -

By Sharon Block and Benjamin Sachs Serious thinking about labor law reform seems to be coalescing around a few themes.  One of these is the possibility of allowing state and local intervention into the rules of union organizing and collective bargaining.  Purs... More »

Daily News & Commentary — August 28, 2017

Published August 28th, 2017 -

The New York Times opinion page profiles unemployment “in black and white,” examining the factors driving the phenomenon in which the overall unemployment rate for black Americans (7.4%) is almost twice the overall unemployment rate for white Ameri... More »