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Cory Booker and the Teachers' Unions: Reframing the Debate

Aug 28, 2013 Benjamin Sachs

Yesterday at Slate.com, Matthew Yglesias weighed in on the question of why some liberals are uncomfortable with Cory Booker. Yglesias thinks there’s a pretty clear answer: “Liberals don’t like Booker because he’s an education reformer – a board member of Democrats for Education Reform, a group that pushes charter schools and test-based teacher assessments and […]

USG's Amicus Brief in Mulhall

Aug 22, 2013 Jack Goldsmith

And here is the United States’ amicus brief in Mulhall.

Unions' Amicus Brief in Mulhall

Aug 22, 2013 Jack Goldsmith

Here is the amicus brief filed by the American Federation of Labor and Congress of Industrial Organizations, Service Employees International Union, and National Education Association, in support of Petitioner UNITE HERE in Mulhall.

The Court and the Future of Unions: Public Sector Edition

Aug 22, 2013 Benjamin Sachs

At the end of the 2012 Term, the Supreme Court decided Knox v. SEIU, Local 1000. The case involves the constitutional permissibility of mandatory dues-payments arrangements in the public sector. At issue in Knox itself was an accounting procedure that SEIU used for a one-time assessment to pay for a “political fight-back fund.” Because the […]

Are Worker Centers "Front Groups" for Unions?

Aug 21, 2013 Benjamin Sachs

Stephen Lee at Bloomberg Law has more on the battle over worker centers and whether they qualify as “labor organizations” within the meaning of the LMRDA or the NLRA. I’ve written about the underlying question here. A somewhat distinct and newer theme emerging from folks at places like the Center for Union Facts is that […]

Three Problems in Mulhall

Aug 21, 2013 Jack Goldsmith

I have already explained why the Supreme Court’s grant of certiorari in Mulhall seemed to defy its usual criteria for cert-worthiness, and suggested that at least four members of the Court were itching to affirm. After further pondering the case, and acknowledging that Respondent’s merits brief is not yet filed, I am beginning to think […]

Mulhall Amicus Brief: National Academy of Arbitrators

Aug 20, 2013 Benjamin Sachs

Here’s the brief just filed by the National Academy of Arbitrators in Mulhall.

The Two Central Issues in Mulhall

Aug 19, 2013 Jack Goldsmith

As Ben noted, the contract at issue in Mulhall is an alternative to the Wagner Act/NLRB regime for labor organizing and bargaining. In the contract, the employer agreed to remain neutral toward union organizing efforts, to recognize the union through a majority card-check procedure (which makes it easier for unions to win than secret-ballot NLRB […]

Petitioner's Brief in Mulhall

Aug 16, 2013 Benjamin Sachs

Petitioners in Mulhall filed their brief on the merits yesterday. We will have commentary in due course.

What the Grant of Certiorari in Mulhall Means

Aug 13, 2013 Jack Goldsmith

Over the next two weeks I will be offering my preliminary thoughts on Mulhall (which Ben posted on last week). Here I will address the significance of the Court’s grant of certiorari in the case. At first I thought that pro-labor groups, gripped by understandable anxiety after the activist anti-labor decision in Knox, were overreacting […]

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OnLabor

Law. Workers. Organizing.

OnLabor is a blog devoted to workers, unions, and their politics. We interpret our subject broadly to include the current crisis in the traditional union movement (why union decline is happening and what it means for our society); the new and contested forms of worker organization that are filling the labor union gap; how work ought to be structured and managed; how workers ought to be represented and compensated; and the appropriate role of government — all three branches — in each of these issues.

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