(The Return of) Ignatz, by Sam Heldman

Friday, July 26, 2002

The NLRB makes me eat my words Remember how I applauded the recess appointees to the NLRB yesterday? Forget what I said. As shown by today's issuance of new opinions, the Board has -- over the dissent of Member Liebman -- begun the process of overruling precedents from the last few years, starting with the new opinion in MV Transportation. More on the substance of today's rulings, including this one, later. A little over a year ago, when management-advocates were yelling about the "Clinton" Board's supposed politicization and its (awful, they said) willingness to overrule precedents, my colleagues and I pointed out in this (huge pdf file) article from The Labor Lawyer (note: this link downloads the whole issue, not just our article) that this spin was hollow -- because, after all, conservative-management-right folks are just as apt to overrule precedents as anybody else. Of course, we were right, and now it has begun. I am, to be clear, not adopting the anti-overruling stance as a supposed neutral principle, now that the shoes are on the other feet. I'm just against the coming wave of overrulings, because they will tilt the law too far in favor of management.

posted by sam 1:52 PM 0 comments


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