September Massacre: The Latest Battle in the War on Workers' Rights Under the National Labor Relations Act
Anne Marie Lofaso
In September Massacre: The Latest Battle in the War on Workers’ Rights under the National Labor Relations Act, Associate Professor of Law at West Virginia University College of Law Anne Marie Lofaso focuses on several of the sixty-one decisions issued by the National Labor Relations Board (NLRB) in September 2007, a group of decisions that many in the labor community have referred to as the “September Massacre.” Professor Lofaso discusses the decisions and their effects on the right to organize, but also explores “the aggregate, weakening effect by both the Bush Board and prior governmental action.” In exploring the decisions within this larger context, the author explains that “many of the September decisions fit into a long history of legislative, administrative, and judicial cutbacks to the original NLRA [National Labor Relations Act],” and might most accurately be viewed as “the latest, and perhaps most serious, attack on workers’ rights.” Professor Lofaso pays special attention to the NLRB’s Dana Corporation decision, one of the September decisions that the author finds particularly harmful and revolutionary. Concluding with some thoughts on what the labor movement can do to regain economic and political power, Professor Lofaso suggests a course that includes political activism, legislative changes (both substantive and procedural) to the NLRA, a federal judiciary willing to reverse the NLRB in appropriate circumstances, labor advocates being willing to use what remains of the NLRA to further workers’ rights, and renewed attention to the teaching of labor law in our nation’s law schools.
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| ACS September Massacre.pdf | 290.77 KB |
