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More Bad News for Organized Labor?

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10.05.2017

The Supreme Court will soon be ruling on the question of whether union contracts can legally include provisions where employees waive the right to join in class-action lawsuits. While unions and the NLRB argue that this provision violates an employee’s inherent right to “collective action,” management argues that all disputes should be settled individually, by way of binding arbitration, a method that has proven quicker and less expensive.

This reached the Supreme Court as a result of the lower courts being split on the issue. And with the Supreme Court being composed of five, pro-business, anti-labor conservatives (Justices Thomas, Roberts, Alito, Gorsuch and Kennedy), two pro-labor lefties (Kagan and Sotomayor), and two middle-of-the road liberals (Ginsburg and Breyer), the smart money is on the Court ruling against the NLRB. One more nail in labor’s coffin.

Consider an actual case I was familiar with, one that........

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