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Prolabor critics often question the effectiveness of the National Labor Relations Board. Some go so far as to call the Board labor's enemy number one. In a daring book that is sure to be controversial, Ellen Dannin argues that the blame actually lies with judicial decisions that have radically "rewritten" the National Labor Relations Act. But rather than simply bemoan this problem, Dannin offers concrete solutions for change. Dannin calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930s to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. Dannin contends that only by promoting these core purposes of the NLRA can unions survive—and even thrive.
Focuses on unions and on the National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA), the agency and the law created to promote unionization and collective bargaining. Argues that the effectiveness of the NLRB has been eroded by judicial decisions that have radically rewritten the MLRA. Offers concrete solutions to counter the attack on workers' rights.
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Beginning with background perspective on the Fair Labor Standards Act--and ending with specific litigation issues & strategies--here is your one-source reference to the FLSA & its complex legal applications in today's workplace. A team of eminent specialists from the ABA Section of Labor & Employment Law's Federal Labor Standards Legislation Committee gives you insights & tactics including: . history & coverage of the FLSA . what constitutes a violation of the Act . exemptions to the law--including white-collar jobs & other statutory exemptions . how to determine compensable hours, minimum wage, & overtime compensation . special issues for federal & state workers . proper recordkeeping procedures . consequences for retaliation by employers . enforcement of the law--and remedies for violations . emerging & volatile topics including child labor, homework, hot goods violations, & much more . plus specific litigation strategies to meet nearly any challenge you may face in handling cases affected by the FLSA.
American society has grown dramatically more unequal over the past quarter century. The economic gains of American workers after World War II have slowly been eroded--in part because organized labor has gone from encompassing one-third of the private sector workers to less than one-tenth. One reason for the labor movement's collapse is the existence of weak labor laws that, for example, impose only minimal penalties on employers who illegally fire workers for trying to organize a union. Attempts to reform labor law have fallen short because labor is caught in a political box: To achieve reform, labor needs the political power that comes from expanding union membership; to grow, however, unions need labor law reform. "Labor Organizing as a Civil Right" lays out the case for a new approach, one that takes the issue beyond the confines of labor law by amending the Civil Rights Act so that it prohibits discrimination against workers trying to organize a union. The authors argue that this strategy would have two significant benefits. First, enhanced penalties under the Civil Rights Act would provide a greater deterrent against the illegal firing of employees who try to organize. Second, as a political matter, identifying the ability to form a union as a civil right frames the issue in a way that Americans can readily understand. The book explains the American labor movement's historical importance to social change, it provides data on the failure of current law to deter employer abuses, and it compares U.S. labor protections to those of most other developed nations. It also contains a detailed discussion of what amending the Civil Rights Act to protect labor organizing would mean as well as an outline of the connection between civil rights and labor movements and analysis of the politics of civil rights and labor law reform.