Employer speech, union representation elections, and the First Amendment
Article Abstract:
The employer free speech doctrine, established in the 1940s as a management response to the National Labor Relations Act, is an infringement on the self-determination rights of workers that should be repealed to improve the power balance between management and labor. Representation elections involve employees rights, and employers should not be considered a party to these elections. The First Amendment is not implicated because the workplace is not a public forum. The coercive potential of employer speech trumps any assertion that employers have the right to speak in union elections.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Resurrecting the National Labor Relations Act - plant closings and runaway shops in a global economy
Article Abstract:
The US Supreme Court's deference to employers' decisions when interpreting employees' rights under the National Labor Relations Act (NLRA) must be changed given global economic realities because business decisions beneficial to employers, such as overseas production, are no longer necessarily beneficial to employees. The Court must broadly interpret workers' rights under the NLRA to protect workers against adverse employment policies or decisions calculated to take advantage of un-protected foreign workers and dodge compliance with American labor standards.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1993
User Contributions:
Comment about this article or add new information about this topic:
We participate, they decide: the real stakes in revising section 8(a)(2) of the National Labor Relations Act
Article Abstract:
Increased interest in employee involvement committees (EICs) do not warrant reversal of the longstanding prohibition of company unions under section 8(a)(2) of the National Labor Relations Act. Over strong opposition, the National Labor Relations Board ruled in the DuPont and Electromation cases that the EICs at issue violated section 8(a)(2). By properly structuring labor's involvement in management, section 8(a)(2) will not be offended and employees participation will be truly independent and autonomous.
Publication Name: Berkeley Journal of Employment and Labor Law
Subject: Law
ISSN: 1067-7666
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Trade secret misappropriation: a cost-benefit response to the Fourth Amendment analogy. Privacy, photography, and the press
- Abstracts: Political correctness and the First Amendment: the false threat. Yes: swift action is needed - not apology
- Abstracts: Unemployment compensation: a proposal for an optional system of self-insurance. State high risk pools for the uninsurable - a critical analysis
- Abstracts: The taxability of pre- and post-judgment interest: some recent issues. The interaction of damages awards and capital gains tax: two recent cases
- Abstracts: Do we really want more leaders in business? Ethical development of advanced technology: a postmodern stakeholder perspective
our boss not to speak of union matters on the job.