(The Return of) Ignatz, by Sam Heldman

Friday, January 31, 2003

Labor Law
The National Labor Relations Board put out one decision today, a routine little "test of certification" case. (For those who are not labor lawyers, all you need to know is that test of certification cases are a routine procedural step, issued whenever an employer is trying to challenge its employees' majority vote in favor of union representation. You see, every union-representation election is like Bush v. Gore, in that there are endless opportunities for litigation; the big problem is that, during the years of such litigation, the company in effect wins by default, in that there is no union representation until and unless the years of litigation end with a union victory as enforced by a federal court of appeals. So it can be literally years between a pro-union majority vote, and the beginnings of collective bargaining.). Back to the point: at least the new Board is up and running, so there is not a complete lack of enforcement of the National Labor Relations Act.

posted by sam 3:02 PM 0 comments


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