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If, Then, What? The "Interesting" Present and Elusive Future of Federal Labor Law

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  • If, Then, What? The "Interesting" Present and Elusive Future of Federal Labor Law

    And it is about time someone other than just us is talking about the importance of unions!!!

    When it comes to the future of the National Labor Relations Act—and labor unions generally—the only thing that seems certain is more uncertainty.

    That said, while we can't hope to predict the future, by taking a closer look at the present, we can begin to map out the various possibilities it may have in store. Which of these possible futures comes to pass will depend heavily on the outcome of the national elections in 2020.

    But first, the present. To say that these are interesting times for labor lawyers, unions and labor relations professionals is putting it mildly. As was the case the last time the White House changed political hands, the last two-plus years have featured dramatic changes to federal labor policy at the National Labor Relations Board.

    Under President Trump, the Board has reversed course from the policies it pursued during the Obama administration, overturning one labor-friendly precedent after another and proposing significant rule changes on key issues such as joint employment status. Given the current direction of Board policy and the prevalence of state "right to work" laws, which prohibit private sector employers and unions from agreeing to contractual provisions requiring the payment of union dues, unions are economically stressed from reduced dues revenues and are facing a decidedly less friendly legal landscape.

    And yet, despite years of declining unionization, unions seem more relevant than they have in decades and have retaken a prominent position in the national debate over economic policy and workplace politics. During the past two years, high-profile strikes have kept unions in the public eye. Among others, the current United Auto Workers strike at General Motors and teacher strikes in West Virginia, Kentucky, Arizona, Oklahoma and Colorado have been major news stories and largely positive ones from the perspective of organized labor.
    If, Then, What? The "Interesting" Present and Elusive Future of - Inside INdiana Business
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