Many Court watchers think it is a foregone conclusion that the Supreme Court will grant the cert petition in Janus v. AFSCME, and then overturn the forty-year old decision in Abood v. Detroit Board of Education. While I’m not willing to bet against that, it’s ... More »
Last term’s Supreme Court decisions, particularly in the employment area, suggest that the Court was simply marking time while it functioned without a ninth Justice and Presidential politics occupied center stage. But to this observer, the thin and relatively ... More »
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Last week, eighteen attorneys general filed an amicus brief in support of the employees in the consolidated cases of Murphy Oil USA, Epic Systems and Ernst ... More »
On Tuesday, President Trump nominated Marvin Kaplan to the NLRB. Kaplan is a former lawyer for the Republicans on the House education and oversight committees. The NLRB now has a Republican majority, and Kaplan’s confirmation could lead to the reversal of a nu... More »
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Despite previously submitting a petition for writ of certiorari for the National Labor Relations Board, the Solicitor General’s office has reversed its posi... More »
This post is part of OnLabor’s continuing analysis of National Labor Relations Board v. Murphy Oil USA. Bloomberg BNA reports that in National Labor Relations Board v. Alternative Entertainment, Inc., the U.S. Court of Appeals for the Sixth Circuit joins the S... More »
It’s a good moment to think creatively and expansively about how to revitalize the U.S. labor movement. This important work is underway, with contributions from academics, labor lawyers, union organizers, and others. Substantive debates about the futur... More »
The Supreme Court will soon be presented with the opportunity to decide whether unions can constitutionally charge non-members “fair share” fees. According to Bloomberg BNA, “the National Right to Work Legal Defense Foundation intends by the... More »
Not surprisingly, at Neil Gorsuch’s confirmation hearing, the Democratic Senators didn’t succeed in getting Judge Gorsuch to reveal much about his views. Instead, Gorsuch insisted that “if I were to start telling you which are my favorite precedents or which ... More »