Taking Back the Workers' Law: How to Fight the Assault on Labor Rights

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Cornell University Press, 2006 - Law - 194 pages
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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.Read what Dennis P. Walsh, former member of the National Labor Relations Board, has to say about Taking Back the Workers' Law by clicking here.To watch a lecture by Ellen Dannin about how established labor law—particularly the NLRA—can be used to strengthen workers' rights and revive the union movement in America, click here.Read an interview with Dannin about Taking Back the Workers' Law conducted by Michael D. Yates for the Monthly Review's web site by clicking here.
 

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Contents

Why Judges Rewrite Labor Law
16
Developing a Strategy to Take Back the NLRA
36
NLRA Values American Values
51
Litigating the NLRA ValuesWhat Are the Challenges?
79
Litigation Themes
99
NLRA Rights within Other Laws
117
Using the NLRB as a Resource
144
An Invitation
164
Copyright

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About the author (2006)

Ellen Danninhas taught and written primarily about American and New Zealand labor and employment law. She also writes about the privatization of government services and public infrastructure. Her most recent law school position was as the Penn State Dickinson School of Law Fannie Weiss Distinguished Faculty Scholar and professor of law at the Penn State Dickinson.

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