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Through a life that spanned every decade of the twentieth century, Supreme Court advocate Bessie Margolin shaped modern American labor policy while creating a place for female lawyers in the nation's highest courts. Despite her beginnings in an orphanage and her rare position as a southern, Jewish woman pursuing a legal profession, Margolin became an important and influential Supreme Court advocate. In this comprehensive biography, Marlene Trestman reveals the forces that propelled and the obstacles that impeded Margolin's remarkable journey, illuminating the life of this trailblazing woman. Raised in the Jewish Orphans' Home in New Orleans, Margolin received an extraordinary education at the Isidore Newman Manual Training School. Both institutions stressed that good citizenship, hard work, and respect for authority could help people achieve economic security and improve their social status. Adopting these values, Margolin used her intellect and ambition, along with her femininity and considerable southern charm, to win the respect of her classmates, colleagues, bosses, and judges -- almost all of whom were men. In her career she worked with some of the most brilliant legal professionals in America. A graduate of Tulane and Yale Law Schools, Margolin launched her career in the early 1930s, when only 2 percent of America's attorneys were female, and far fewer were Jewish and from the South. According to Trestman, Margolin worked hard to be treated as "one of the boys." For the sake of her career, she eschewed marriage -- but not romance -- and valued collegial relationships, never shying from a late-night brief-writing session or a poker game. But her personal relationships never eclipsed her numerous professional accomplishments, among them defending the constitutionality of the New Deal's Tennessee Valley Authority, drafting rules establishing the American military tribunals for Nazi war crimes in Nuremberg, and, on behalf of the Labor Department, shepherding through the courts the child labor, minimum wage, and overtime protections of the Fair Labor Standards Act of 1938. A founding member of that National Organization for Women, Margolin culminated her government service as a champion of the Equal Pay Act, arguing and winning the first appeals. Margolin's passion for her work and focus on meticulous preparation resulted in an outstanding record in appellate advocacy, both in number of cases and rate of success. By prevailing in 21 of her 24 Supreme Court arguments Margolin shares the elite company of only a few dozen women and men who attained such high standing as Supreme Court advocates.
In this volume, covering the years 1937–1947, James A. Gross describes and analyzes the NLRB's vigorous and uncompromising enforcement of the Wagner Act and the intense political pressure to which the Board was subjected as a consequence. He identifies and examines the forces that succeeded in pressuring the NLRB out of its essential role in the making of U.S. labor policy. This is the story of the transformation of the NLRB from an expert administrative agency that played a major role in the making of labor policy, into an insecure, politically sensitive agency preoccupied with its own survival and reduced to deciding marginal issues.
A Field in Flux chronicles the extraordinary journey of industrial and labor relations expert Robert McKersie. One of the most important industrial relations scholars and leaders of our time, McKersie pioneered the study of labor negotiations, helping to formulate the concepts of distributive and integrative bargaining that have served as analytical tools for understanding the bargaining process more generally. The book provides a window into McKersie's life and work and its impact on the evolution of labor and industrial relations. Spanning six decades, the reader learns about the intersection of labor and the Civil Rights movement, the watershed moment of the Air Traffic Controller's Strike, his relationship with George Schultz, the shift from labor relations to human resource management, and McKersie's role in the seminal cases (Motorola, GM, Toyota) of the labor movement. A Field in Flux serves two important functions: it demonstrates how people have influenced past employment policies and practices when called to action in critical situations, and it seeks to instill confidence in those who will be called on to address the big challenges facing the future of work today and in the years to come. During a time when the basic values of industrial relations are being challenged and violated, McKersie argues that the profession must adapt to the changing world of work and not forget about the value placed on efficiency, equity, and inclusive employment policies and practices.