Law Professor on Bush 2.0 Labor Board Decisions

Professor Anne Marie Lofaso, of West Virginia University – College of Law, has posted a law review article to be published in the Maine Law Review on SSRN in which she discusses the decisions of the Bush II labor board interpreting and enforcing federal labor law.  In the article, she concludes that

notwithstanding the fundamentally progressive nature of Section 7’s protection of the workers’ right to self-organize and to band together for mutual aid or protection—rights that are guaranteed by the correlative duty on employers to recognize unions—the Bush II Board’s decisions can be placed in the context of a larger trend among the other government branches to disempower workers.  In particular, government action has narrowed the definition of employee, shrunk the contours of Section 7, diluted employees’ economic weapons, and weakened the NLRA’s remedial framework.


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