The blue eagle at work : reclaiming democratic rights in the American workplace
"In The Blue Eagle at Work, Charles J. Morris, a renowned labor law scholar and preeminent authority on the National Labor Relations Act, uncovers a long-forgotten feature of that act that offers a new approach to the revitalization of the American labor movement and the institution of collective bargaining. He convincingly demonstrates that in private-sector nonunion workplaces, the Act guarantees that employees have a viable right to engage in collective bargaining through a minority union on a members-only basis. As a result of this startling breakthrough, American labor relations may never again be the same. Morris's underlying thesis is based on a meticulous analysis of statutory and decisional law and exhaustive historical research
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xvii, 310 pages ; 24 cm
9780801443176, 0801443172
55502400
Membership-based collective bargaining, the Norris-LaGuardia Act, and section 7(a) of the National Industrial Recovery Act
Prelude to the Wagner Act : the 1934 Labor Disputes Bill and the state of labor relations under the blue eagle
The NLRA Bill in Congress : what happened on the way to passage
How lack of wisdom became conventional wisdom : union elections are habit-forming
The search for the phantom provision : the statutory text means exactly what it says
The Constitutional dimension : with deference to Catholic Bishop, DeBartolo, and Beck
The Chevron two-step process as an alternative approach : national labor relations board approval would represent a rational construction consistent with the act
The international human-rights dimension and U.S. obligations under international law
The current state of the law : the issue is defined and the slate is clean
Obtaining imprimaturs from the labor board and the courts : alternative routes to legal acceptance
Union organizing through members-only collective bargaining
Industrial democracy at work : turning Wagner's vision into reality
Relevant provisions in drafts of 1934 "Labor Disputes" Bill and "National Adjustment Bill" substitute, S. 2926
Relevant provisions in 1935 drafts of "National Labor Relations Act," S. 1958