Short Video with Richard Epstein
Professor Richard Epstein, Professor of Law at NYU School of Law, continues to give an brief history of unions and collective bargaining -- focusing on changes in markets resulting from globalization and discussing the instance of unions in the Japanese automobile industry. Short Video with Richard Epstein
Professor Richard Epstein, Professor of Law at NYU School of Law, gives a brief history of unions and collective bargaining - beginning with the New Deal and the industrial age and running through some of the changes in our economy over the last 80 years. Labor & Employment Law Practice Group Podcast
William Messenger January 11, 2016
In Friedrichs, the Court will consider whether to overrule Abood v. Detroit Board of Education (1977), which held that public employees can be compelled to financially support union collective-bargaining with government, but not union political activities. The Court’s grant of certiorari in Friedrichs came on the one-year anniversary of its decision in Harris v. Quinn, where the Court criticized Abood’s rationales, but did not overrule Abood. Unlike Harris, Friedrichs squarely presents the issue decided in Abood—whether public school teachers can be required to pay compulsory union fees as condition of their employment.
The Friedrichs petitioners argue that Abood should be overturned because there is no distinction between bargaining with government and lobbying government—both are political speech. The respondent California Teachers Association, however, counters that union bargaining with government is akin to bargaining with a private employer, and that it is wrongful for teachers to get a “free ride” on union bargaining efforts.
Is the Court likely to overrule Abood? And what will be the implications if it does?
Bill Messenger attended the oral arguments and offered his impressions and predictions during this Courthouse Steps Teleforum conference call.
2015 National Lawyers Convention
- William Messenger, Staff Attorney, National Right to Work Legal Defense Foundation, Inc.
Our nation's private sector labor law is a product of the New Deal and the industrial age. In its first edition, the 1935 Wagner Act, employee rights to organize were recognized and employer unfair labor practices were defined. Twelve years later, the pendulum swung and union unfair labor practices were added to the Act. To address corruption, the 1959 Landrum-Griffin Act was enacted to require labor organizations, employers, and labor relations consultants to file annual reports, and union members were granted a Bill of Rights. The NLRA was last amended in 1974, addressing the health care industry.
Over the past 80 years, our nation's economy, indeed, the global economy, has changed significantly. While some efforts have been made over the last four decades to amend federal labor law, none have succeeded. To fill the vacuum, the National Labor Relations Board has stepped in as what some would describe as a quasi-legislature, issuing decisions and rules reflecting the Board's political majority's bias to circumvent Congressional deadlock.
Should labor law be viewed as a vehicle to restore organized labor's density of 60+ years ago or to ensure employee rights to join or not join a labor union? Or, should labor law be overhauled to ensure labor unions' presence globally and to empower organized labor to affect or determine global work standards and business models generally? And, should labor law be politically aligned with one party? Is labor law about the American citizen/worker or about organized labor's institutional survival?
Labor & Employment: 80th Anniversary of the National Labor Relations Act & Congressional Action
2:00 p.m. – 3:30 p.m.
- Prof. Richard Epstein, Laurence A. Tisch Professor of Law. Director, Classical Liberal Institute, New York University School of Law
- Hon. John N. Raudabaugh, Reed Larson Professor of Labor Law, Ave Maria School of Law
- Mr. Bill Samuel, Director of Government Affairs, AFL-CIO
- Mr. Mark Schneider, General Counsel, Int'l Association of Machinists and Aerospace Workers
- Moderator: Hon. Joan L. Larsen, Associate Justice, Supreme Court of Michigan
The Mayflower Hotel Short video featuring Anastasia Boden discussing Tyson Foods, Inc. v. Bouaphakeo
Anastasia Boden November 09, 2015
Attorney Anastasia Boden of the Pacific Legal Foundation previews the upcoming Supreme Court case Tyson Foods, Inc. v. Bouaphakeo. In the case, workers sued Tyson Food for not paying them for time spent taking on and off their work equipment. Since no time records for such activity were kept, the lower court allowed damages to be determined based on an average time for class members and then applied it to the entire remaining class. Ms. Boden explains the concept of “Trial by Formula” and its implications in this case. The Pacific Legal Foundation filed an amicus brief co-authored by Ms. Boden in support of the petitioner Tyson Foods.