If we look at the broad sweep of American labor law in history, it seems to fit into three periods. First, prior to the 1930s (i.e., prior to Norris-LaGuardia anti-injunction Act and the National Labor Relations Act or NLRA) was a period of hostility toward unions and worker organizations. Second, the period from 1935 to 1947 (NLRA prior to Taft-Hartley) was a period of encouragement of unions or worker organizations. Finally, the period from 1947 to the present (Taft-Hartley, and to some degree Landrum-Griffin) is a period that turns back toward the earliest period, with public policy (both new laws and reinterpretations of existing law) turning ever more toward curbing and weakening organized labor.

Which if any of these periods ?got it right?? Whatever answer you give, be sure to give explanations and arguments for your position, and show what is wrong with the other two periods.

2) The conduct of NLRB elections to determine whether a majority of employees prefer a union is crucial to the outcome. Some would argue that the employer should stay entirely out of the matter, or else the decision is likely to be at least somewhat (and perhaps greatly) coerced, due to the inherent nature of employer power over employees. At least since the passage of Taft-Hartley (1947) and actually before that, the courts have held the opposite view: under the ?employer free speech? view, employers are allowed to do a number of things to discourage employees from voting to create a union.

(a) Explain what types of employer conduct are allowable, and give examples

(b) Explain what types of employer conduct are not allowed, and give examples.

(c) Then argue one of 3 positions: (i) employers are given too much freedom to campaign against the union, leading to a coercive atmosphere; (ii) employers are given about the right amount of freedom; or (iii) employers are not given enough freedom. (Whatever position you choose, justify it with an argument, using illustrations as appropriate.)

3) The following is a situation similar to what often occurs in real life. Read it over carefully, and determine what legal issues arise out of it.

If we look at the broad sweep of American labor law in history, it seems to fit into three periods. First, prior to the 1930s (i.e., prior to Norris-LaGuardia anti-injunction Act and the National Labor Relations Act or NLRA) was a period of hostility toward unions and worker organizations. Second, the period from 1935 to 1947 (NLRA prior to Taft-Hartley) was a period of encouragement of unions or worker organizations. Finally, the period from 1947 to the present (Taft-Hartley, and to some degree Landrum-Griffin) is a period that turns back toward the earliest period, with public policy (both new laws and reinterpretations of existing law) turning ever more toward curbing and weakening organized labor.

Which if any of these periods ?got it right?? Whatever answer you give, be sure to give explanations and arguments for your position, and show what is wrong with the other two periods.