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“Right to Work”

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Workers Campaign To Repeal Missouri’s Right-To-Work Law

Published July 26th, 2018 -

On August 7th, Missouri voters will decide the fate of Prop. A — a ballot initiative that could repeal the state’s newly passed “right-to-work” law. Last year, then-Governor Eric Greitens signed Senate Bill 19, a so-called “right-to-work” bill that poses a dir... More »

Janus News Roundup

Published June 28th, 2018 -

“The day that organized labor has been dreading for several years is finally here,” Sarah Jaffe writes at the Times’ opinion page.  Jaffe is one of many arguing that workers and their unions must get back to basics — to old fashioned organizing, to strikes mod... More »

Preliminary Janus Summary

Published June 27th, 2018 -

Here’s a very quick summary based on an even quicker read of the Court’s Janus opinion which overrules Abood and holds that agency fees violate the First Amendment. The majority opinion by Justice Alito starts by reasoning that Abood was inconsistent “with sta... More »

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Could Originalism Save Public Sector Unions?

Published June 7th, 2018 -

Justice Gorsuch’s silence during the Janus oral argument generated considerable buzz.  Wishful (yet tentative) commentators hoped the silence was a sign that the new Justice’s originalism would lead him to uphold Abood.  To be sure, Justice Thomas, the Court’s... More »

Weekend News & Commentary — June 2 – 3, 2018

Published June 3rd, 2018 -

Boeing pursues an NLRB appeal of the unionization vote of a “micro unit” of plant workers in Charleston, South Carolina; before the vote, the NLRB had made an anti-union reversal a little more likely.  As Bloomberg Law reported on Friday, an ethics official fo... More »

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Janus and the Problem with Alleging Lochnerism

Published May 4th, 2018 -

Janus, the Court’s case about public sector agency fees that will be decided this term, is a case that could be framed in two ways. On the one hand, Janus is a case about compelled political speech: the government, by imposing agency fees as a condition of emp... More »

It’s Time for a Real Right to Work

Published December 5th, 2016 -

In 1912, when the labor leader Eugene V. Debs ran for President for the fourth time as the Socialist Party candidate, in his acceptance speech he spoke of a day when “the right to work shall be as inviolate as the right to breathe the breath of life.”  But, in... More »