Updating the Mandatory-Permissive Distinction to Enable Unions to Protect the Job Security and Economic Interests of Their Members


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.

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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[1]             Is the Depression-era National Labor Relations

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.