How American Workers Lost the Right to Strike, and Other Tales

Citation data:

Vol: 103, Issue: 3, Page: 518-553

Publication Year:
2004
Usage 276
Downloads 230
Abstract Views 46
Repository URL:
https://repository.law.umich.edu/mlr/vol103/iss3/2
Author(s):
Pope, James Gray
Tags:
Unfair labor practices; Labor unions; Industrial relations; NLRB v. Fansteel Metallurgical Corporation; NLRB v. Mackay Radio & Telegraph Co.; National Labor Relations Board; Consolidated Edison Co. v. NLRB; National Labor Relations Act; Lechmere Inc. v. NLRB; Class solidarity; Employer rights; United States Supreme Court; Labor and Employment Law; Supreme Court of the United States
paper description
To paraphrase a veteran labor scholar, if you want to know where the corpses are buried in labor law, look for the "of course" statements in court opinions. By "of course" statements, he meant propositions that are announced as if they were self-evident, requiring no justification. Each year, thousands of law students read such statements in labor law casebooks. And each year, they duly ask themselves - prodded sometimes by the casebook's notes - how these conclusions could be justified in legal terms. But often there seems to be no answer, and the mystery continues. This Essay recounts the origins of five such "of course" statements, each of which has had a devastating impact on the American labor movement.