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The Cambridge Handbook of Labor and Democracy, 2022
Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verz... more Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar.
Hofstra Labor and Employment Law Journal, 2010
The views in this Article are mine alone and do not reflect the views of any other Board Member o... more The views in this Article are mine alone and do not reflect the views of any other Board Member or the NLRB. I wish to thank Jason Leff, NLRB staff attorney, for his help in preparing this text for publication, and my Chief Counsel John Colwell for his assistance in developing this speech.
Law & Society: Public Law - Antitrust eJournal, 2021
Workers who are self-employed independent contractors and not “employees” within the meaning of t... more Workers who are self-employed independent contractors and not “employees” within the meaning of the National Labor Relations Act (NLRA), by definition, have no right to engage in concerted activities under the NLRA; indeed they face potential liability under federal antitrust laws for such activities. Antitrust law and labor law establish opposite baseline principles—competition versus coordination—for their mostly separate domains. In an echo of the pre-New Deal history of organized labor in the United States, independent workers are again contesting the primacy of competition, and asserting the legitimacy of coordination, among those who earn their livelihood by selling their labor power. For now, those efforts must squeeze into either the space that arguably lies in between the domains of labor law and antitrust law—that is, in a broad interpretation of the “statutory labor exemption” to antitrust liability—or in one of the other safe harbors from antitrust liability. <br>&...
Berkeley Journal of Employment Labor Law, 2014
WorkingUSA, 2008
Today, some sixty years after passage of the Taft-Hartley amendments to the National Labor Relati... more Today, some sixty years after passage of the Taft-Hartley amendments to the National Labor Relations Act, it seems that the centerpiece of the Act has become the right to refrain from protected, concerted or union activity. The original 1935 legislation was enacted, of ...
Negotiation Journal, 1996
The revolutionao~ changes sweeping the workplace, union-management relationships, and the world e... more The revolutionao~ changes sweeping the workplace, union-management relationships, and the world economy have contributed to a sharply redefined role for the Federal Mediation and Conciliation Service (FMCS), the p~mary provider of mediation services to labor and management in the United States. In this article's three main sections, the authors trace the histo O, and provide background information about FMCS; consider the changing role of mediation, driven by societal forces of change from the late 1970s to the present; and speculate on the agency's future and the expected expansion in the use of mediation.
The Cambridge Handbook of Labor and Democracy, 2022
Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verz... more Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar.
Hofstra Labor and Employment Law Journal, 2010
The views in this Article are mine alone and do not reflect the views of any other Board Member o... more The views in this Article are mine alone and do not reflect the views of any other Board Member or the NLRB. I wish to thank Jason Leff, NLRB staff attorney, for his help in preparing this text for publication, and my Chief Counsel John Colwell for his assistance in developing this speech.
Law & Society: Public Law - Antitrust eJournal, 2021
Workers who are self-employed independent contractors and not “employees” within the meaning of t... more Workers who are self-employed independent contractors and not “employees” within the meaning of the National Labor Relations Act (NLRA), by definition, have no right to engage in concerted activities under the NLRA; indeed they face potential liability under federal antitrust laws for such activities. Antitrust law and labor law establish opposite baseline principles—competition versus coordination—for their mostly separate domains. In an echo of the pre-New Deal history of organized labor in the United States, independent workers are again contesting the primacy of competition, and asserting the legitimacy of coordination, among those who earn their livelihood by selling their labor power. For now, those efforts must squeeze into either the space that arguably lies in between the domains of labor law and antitrust law—that is, in a broad interpretation of the “statutory labor exemption” to antitrust liability—or in one of the other safe harbors from antitrust liability. <br>&...
Berkeley Journal of Employment Labor Law, 2014
WorkingUSA, 2008
Today, some sixty years after passage of the Taft-Hartley amendments to the National Labor Relati... more Today, some sixty years after passage of the Taft-Hartley amendments to the National Labor Relations Act, it seems that the centerpiece of the Act has become the right to refrain from protected, concerted or union activity. The original 1935 legislation was enacted, of ...
Negotiation Journal, 1996
The revolutionao~ changes sweeping the workplace, union-management relationships, and the world e... more The revolutionao~ changes sweeping the workplace, union-management relationships, and the world economy have contributed to a sharply redefined role for the Federal Mediation and Conciliation Service (FMCS), the p~mary provider of mediation services to labor and management in the United States. In this article's three main sections, the authors trace the histo O, and provide background information about FMCS; consider the changing role of mediation, driven by societal forces of change from the late 1970s to the present; and speculate on the agency's future and the expected expansion in the use of mediation.