Introduction to Symposium on 'The Future of US Labor Law'

摘要

Dating back to at least the mid-1970s, many labor relations/labor law scholars, unionofficials and union activists have increasingly criticized the inadequacies of US labor law inprotecting employees' rights to participate in collective action. These parties have arguedthat the original intent of the 1935 National Labor Relations Act (NLRA), also popularlyknown as the Wagner Act, has been subverted by the Act's amendments, as well as by aNational Labor Relations Board that has been ineffective in preventing the occurrence ofillegal employer activities which has successfully discouraged employees from organizingunions and engaging in collective bargaining. The Labor Reform Act of 1977, which, ifpassed, would have imposed punitive penalties on employers who committed such unfairlabor practices, was filibustered to death in the US Senate. With Barack Obama's election tothe US presidency in 2008, many unions and labor activists believe that the time is right forlaunching a major drive to reform US labor legislation through the passage of the EmployeeFree Choice Act (EFCA), a law which would make it easier for employees to organizeunions. Writing in February 2009, the future of EFCA has yet to be determined althoughRepublican Party legislators appear committed to mobilizing all of their resources to ensurethe bill's defeat.