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National Labor Relations Board

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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 »

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Trump’s Own NLRB May Doom His Re-election Chances

Published September 24th, 2019 -

In 2016, Donald Trump was able to win Pennsylvania, Michigan, and Wisconsin in part by promising that he would care about the needs of regular working people.  But as 2020 approaches, Trump’s appointees to the National Labor Relations Board are making it much ... More »

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The Trump NLRB is in a Hurry to Rewrite Labor Law

Published September 17th, 2019 -

Donald Trump’s appointees on the National Labor Relations Board seem to have come to the conclusion that he’s going to be a one-term President, so they are racing as fast as they can to chip away at workers’ rights.  A couple of weeks ago I wrote a post nomina... More »

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This May Be the Worst Trump NLRB Decision Yet

Published August 28th, 2019 -

If you rank the Trump National Labor Relations Board decisions by multiplying poor reasoning by impact of the ruling, the decision issued last week in Bexar County Performing Arts Center Foundation may be the worst one yet. Bexar involves the rights of employe... More »

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Sectoral Approach for Domestic Workers

Published July 16th, 2019 -

This week, Senator Kamala Harris and Representative Pramila Jayapal introduced the National Domestic Workers Bill of Rights (HR 3760 and S 2112).  The bill provides a number of important protections for domestic workers.  The bill corrects several historical e... More »

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More Epic Fall Out: Your Lawsuit or Your Job

Published June 24th, 2019 -

Last year, Ben and I flagged concerns about the breadcrumbs that the Supreme Court dropped in its opinion in Epic Systems v. Lewis on the path to narrowing the National Labor Relations Act’s protection for concerted activity.  A recent filing by the Board’s Ge... More »

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Trump NLRB Enables Volkswagen’s Chutzpah

Published May 10th, 2019 -

Volkswagen has tried to kill its employees’ union organizing drive in a remarkably brazen fashion, and all too predictably, the Trump Labor Board has acted as its accomplice. Back in 2015, after a failed attempt to organize all 1,300 production and maintenance... More »

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The Trump NLRB Just Made Labor Law Even More Toothless

Published April 9th, 2019 -

One of the most widely observed weaknesses in federal labor law is the absence of effective remedies.  Scholars have been writing about this problem for decades, and a Human Rights Watch report issued in 2000 described a “culture of near-impunity” resulting fr... More »

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Your Tax Dollars at Work at the NLRB

Published March 29th, 2019 -

The House Education and Labor Committee recently revealed that the Trump appointees on the NLRB are hiring a private contractor to help review the public comments submitted in response to their proposed joint employer rule.  NLRB Chairman John Ring told the Me... More »