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Ringing the Alarm at the NLRB

Published February 6th, 2020 - and

Since the National Labor Relations Board’s takeover by Trump appointees, the NLRB, led by Chairman John Ring, has departed from its mission and historical practice, has issued decisions that fail to adapt labor law to the twenty-first century economy, and has ... More »

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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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Dissent in Exile

Published January 7th, 2020 -

With the departure of Member Lauren McFerran, the National Labor Relations Board is now left with just three members – all from the same political party. Given the track record of these remaining Board members, we are likely to witness in the coming mont... 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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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 »

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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 »