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September 07, 2004

Welcome Labor!

Speaking of labor (and since yesterday was Labor Day, after all), a hearty welcome to the Labor Blog which its authors say is necessary because:
because we think what people do 8+ hours per day, 5+ days a week is where the fate of the nation and the world rests. When workers have power in the workplace, they end up with power in the political world, just as employers use power in the private economy to leverage privileges from the public sector.
I'll bet Justice Thomas is really going to enjoy reading this new blog! ;-) [link via the ACSblog]

Posted 11:53 AM | 2L

Reason to disagree w/Justice Thomas #32

Lechmere, Inc. v. NLRB, 502 U.S. 527 (1992): Justice Thomas goes to great lengths to repeat at least a dozen times the rule established (or rather, according to him, affirmed by this case). That rule is simply that "an employer cannot be compelled to allow distribution of union literature by nonemployee organizers on his property" except where "the location of a plant and the living quarters of the employees place the employees beyond the reach of reasonable union efforts to communicate with them." NLRB v. Babocock & Wilcox Co., 351 U.S. 105, 113 (1956). It's really a simple rule. A very bad rule (as the dissent by Justices White and Blackmun makes very clear), but it's simple, and could have been expressed once, with perhaps a few examples of the exception. Thomas provides the examples (which are as narrow as he can manage, including logging camps, mining camps, and mountain resort hotels), but he does so in a ponderous and pedantic way, apparently so he can repeat again and again that he's giving the finger to the union with this opinion. Respectfully, Justice Thomas, we get your point. Thanks.

Posted 09:44 AM | Comments (1) | 2L

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