Membership in traditional unions has steeply declined over the past two decades. As the White House and Congress are now completely Republican controlled, there promises to be no reversal of this trend in the near future. In the face of this rejection of traditional bargaining efforts, several...

Commentators have made innumerable recommendations to improve the National Labor Relations Board’s administration of the National Labor Relations Act. Yet one subject that has been largely ignored in these discussions is the fact that no matter how good the administrative enforcement of the...

This book chapter is based on a larger project with Samuel Estreicher in which we examine in detail the unjust dismissals regimes of numerous countries. The study of these laws goes beyond the text of the relevant statues and cases, as it uses input from foreign employment law practioners and...

This Article is a review of the Supreme Court's 2012-2013 labor and employment law decisions. Among the cases discussed are University of Texas Southwestern Medical Center v. Nassar, Vance v. Ball State University, US Airways, Inc. v. McCutchen, Kloeckner v. Solis, Genesis Healthcare Corp. v....

In 'Restoring Unions in America by Reforming Nonemployee Union Representative Access Rights to Employer Property,' Jesse Dill criticizes some of the proposals I have made in previous work regarding labor law's analysis of nonemployees' right to access employer property and, more generally,...

This chapter, which is part of a book exploring various issues that can arise in multinational corporate deals, explores the labor issues implicated in the Daimler-Chrysler merger. The potential combination of two major firms raises a host of labor and employment issues, especially when those...

This comment on Micah Jost's Note, 'Independent Contractors, Employees, and Entrepreneurialism Under the National Labor Relations Act: A Worker-by-Worker Approach,' was part of the Washington and Lee Law Alumni Association Student Notes Colloquium. In his Note, Jost addresses an increasingly...

On a theoretical level, employee ownership may result in significant advantages for firm performance over conventional investor ownership. Evidence reveals, however, fewer employee owned firms than such theories would suggest, resulting from either overly optimistic or misguided theories, or...

The NLRA's increasing obsolescence in the modern workplace is well-documented. Nowhere is this problem more apparent than where unions and employees use the Internet and other electronic communications to further employees' collective interests. Electronic communications pose significant...