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76 posts

Who’s Afraid of Collective Action?

Published April 1st, 2016 -

The law of the workplace is in the midst of a critical debate about collectivity. In case after case courts and the National Labor Relations Board have fought over the availability of collective action in two areas relevant to workers: class actions and class ... More »

Labor Law and Political Entrenchment

Published November 23rd, 2015 -

My new article (with Daryl Levinson) is now available from the Yale Law Journal.  The article, Political Entrenchment and Public Law, details the ways incumbents use substantive legal policy to entrench themselves in office. One of our lead case studies is lab... More »

White House Summit on Worker Voice

Published October 6th, 2015 -

I’m heading to D.C. tonight to participate in a panel at tomorrow’s White House Summit on Worker Voice.  The panel (which includes Mark Barenberg from Columbia Law School, Dorian Warren of the Roosevelt Institute, and Rep. Bobby Scott) will focus o... More »

An Explainer: What's Happening In Wisconsin?

Published March 2nd, 2015 -

This past Thursday, the Wisconsin Senate passed a so-called “Right to Work” bill, leading to protests in the state’s capital. What Is Wisconsin’s “Right To Work” Bill? Once a union is recognized as the representative of a bargaining unit, that union is obligat... More »

Local Labor Law

Published December 4th, 2014 -

Moshe Marvit has an interesting new piece in The Nation about a push to pass local (city- and county-level) right-to-work legislation. Marvit’s piece responds to a Heritage Foundation paper (by James Sherk and Andrew Kloster) that argues in favor of such legis... More »

Update: The Midterm Elections and the NLRB

Published November 14th, 2014 -

President Obama withdrew his nomination of Sharon Block to replace Nancy Schiffer on the NLRB when Schiffer’s term expires on December 16, 2014. He has nominated Lauren McFerran to the position instead On Tuesday, I wrote that Senate Democrats had to decide ho... More »

The Midterm Elections and the NLRB

Published November 11th, 2014 -

Board Member Nancy Schiffer’s term will expire on December 16, 2014 during the Senate’s lame-duck session, and President Obama has appointed Sharon Block to replace her On November 12, the Senate will begin its lame-duck session, which is the last chance for t... More »

A Labor Reform Proposal Conservatives Should Support

Published July 10th, 2014 -

The touchstone of conservative criticism of unions is worker “coercion” – the idea that individuals who don’t want to be in unions are required to join one if a majority of workers in the bargaining unit votes for one, or at least are required to pay agency fe... More »