Since the passage of the National Labor Relations Act (NLRA or the Act), significant changes in the business world have rendered much of the Act’s protections for workers inadequate. While unions still need to address traditional issues like wages, hours, and safety, they must now also worry about corporate practices such as downsizing, takeovers, and the opening of nonunion subsidiaries that cost workers their jobs. Furthermore, pension funds are underfinanced, and employers are attempting to dump nonpension liabilities. Corporations are using bankruptcy as an offensive strategy to avoid their obligations under collective bargaining agreements.
Labor organizing privilege is not a magic bullet that will secure the rights of workers to organize and collectively bargain. Employers will continue to resist the efforts of their workers to organize.
An evidentiary privilege to protect workers' confidential communications from disclosure in federal and state court proceedings would support unions.
The Supreme Court's decision in Hoffman does not require states to deny workers compensation benefits to undocumented immigrants.
Moshe Z. Marvit∞ For years now, many in the labor movement have seen the National Labor Relations Board (NLRB) as a largely well-intentioned federal agency with a mission that it cannot adequately fulfill. Due to the extreme political shifts at
Michael M. Oswalt∞ Organizing is risky. Some workers join in and get fired, others face intimidation and drop out, while most—sensing the tension between legal rights and remedial realities—simply opt out. And more and more, the campaigns—and the campaigners—are getting
From the 2016 Symposium: Dishwashers, Domestic Workers, and Day Laborers: Can Alternative Organizing Revive the Labor Movement? Panel II: Friend or Foe: Labor Law and Non-Union Workers March 25, 2016 Wilma B. Liebman Is the Depression-era National Labor Relations
Notwithstanding some unfavorable precedents, a long line of First Amendment decisions on picketing, boycotts, and other pro-test speech require the Court to dismantle the statutory restrictions, even as narrowed by the appellate courts and the NLRB.
Transcript of panel discussion presenting different views about the impact of the Immigration Reform and Control Act of 1986 on labor unions and their members.