The units deprived of thework can seek their own contract clause or can file a motion to clarify their representation cer-tificate with the Board or can force an assignment by the Board under a Section 10(k) proceed-ing. See, e.g., Milk Drivers Union (the Minnesota Milk Co. case), ...
SECTION 8(d) OF THE NLRA AND THE DUTY TO DECISION-BARGAIN OVER WORKRELOCATION: SOME OBSERVATIONS ON 1. The National Labor Relations Board (the Board)was created by the National Labor Relations Act of 1935, 29 See Thompson, 165 NLRB at 747Schwarz, Peter C...
Two Labor Laws in Their Golden Years: The RLA and NLRA in the Facebook Age, presented at the ABA Section of Labor and Employment Law 5th Annual Labor and Employment Law Conference, SeattleJonathan C. Fritts
is bolstered by § 8(d) of the Act, which requires employers and unions to bargain the agreement,compensa- tion provisions, rules for the utilization of labor, seniority rights, rights of the union'sinterest in preserving the integrity of its bargaining position overrrides the right of ...
1. Darrel C. Menthe, The Marketplace Metaphor and Commercial Speech Doctrine: Or Hoi ILearned Court's holding in Citizens United by incorporating the Court's recent commercial speechjurisprudence such Court will ever take the step of classifying all labor speech-or evenTasic, Zoran...
Seven Asian automobile assembly plants, along with four Japanese-Big Three joint ventures, and GM's SaturnGreen, William COhio N.u.l.revGreen, W. 1994. `The NLRA paradigm and the prospects for labor law reform', Ohio Northern University Law Review, 21: 417....
Minority Action versus Union Exclusivity: The Need to Harmonize NLRA and Title VII Policiesas- sumed that labor unions composed of white majorities could not fairly represent the interests notes 167-201 infra, for a detailed explication of the exclusivity doctrine and its 459 (1966);Sherman, ...
Noonan is an Adjunct Professor at New York Law School and an employment and labor litigation attorney in New York City. He received his JD from New York Law School in 2005. The author wishes to thank Ryan Sestack for reviewingNoonan, Bran C...
Simmons, Comment, Rulemaking: The National LaborRelations Board's Prescription for the Health Care, 511 US at 584-89; see also Daniel D. Barker,Note, NLRB v. Health Care & Retirement Corp.: Ero- sion of NLRA Protection forJewett, HilaryCardozo L.rev...
Piskorski, Electromation: A Setback to Employee Participation Programs, 9 Lab. Electromation, 309 NLRB at 1011 (citing Shaun G. Clarke, Rethinking the Adversarial Modelin Labor to retain such control of the form and structure of the employee organization thatSquire, Madelyn CU.det.mercy L.rev...