The Influence of Administrative Law Judge and Political Appointee Decisions on Appellate Courts in National Labor Relations Board Cases

Law & Policy ◽  
2013 ◽  
Vol 36 (1) ◽  
pp. 35-67 ◽  
Author(s):  
Cole D. Taratoot
Keyword(s):  
Labor Relations ◽  
Administrative Law ◽  
Appellate Courts ◽  
National Labor Relations Board ◽  
Political Appointee

scholarly journals Columbia University and Incarcerated Worker Labor Unions Under the National Labor Relations Act

2018 ◽  
Author(s):  
Kara Goad
Keyword(s):  
Labor Unions ◽  
Labor Relations ◽  
Labor Law ◽  
Case Law ◽  
Administrative Law ◽  
Columbia University ◽  
National Labor Relations Act ◽  
National Labor Relations Board ◽  
Work Related ◽  
Law Library

Cornell Law Library Prize for Exemplary Student Research PapersKara Goad’s research examines the forms and terms of labor that incarcerated workers perform in American prisons, seeking to demonstrate that labor law could provide potential remedies for work-related grievances.Goad’s research includes traditional statutory and case law analysis along with examinations of prison statistics, National Labor Relations Board (NLRB) decisions and other administrative law materials relating to prisons and labor law. She uses her findings lay out a path for incarcerated workers to potentially unionize under the National Labor Relations Act (NLRA).

Racism Revised: Courts, Labor Law, and the Institutional Construction of Racial Animus

2005 ◽  
Vol 99 (3) ◽  
pp. 373-387 ◽  
Author(s):  
PAUL FRYMER
Keyword(s):  
Labor Relations ◽  
Labor Union ◽  
Labor Law ◽  
Appellate Courts ◽  
National Labor Relations Board ◽  
Union Election ◽  
Psychological Attitude ◽  
And Behavior ◽  
Institutional Construction ◽  
Do So

How should we understand and explain individual acts of racism? Despite extensive debate about the broader place and importance of racism in America, there is surprisingly little theoretical or empirical analysis of what leads individuals to commit racist acts. In contrast to most political scientists who understand racism as an individual psychological attitude—an irrational prejudice—I argue that individual manifestations of racism are the result of a complex set of factors, and that latent psychology is less helpful to understanding them than are the maneuverings and behavior of strategic actors following rules and incentives provided by institutions. We need to examine the ways in which institutions encourage racist acts by motivating people to behave in a racist manner or behave in a manner that motivates others to do so. To further explore and compare institutional and individual-psychological approaches to understanding racism, I examine manifestations of racism in labor union elections. I analyze and contrast more than 150 cases in which the National Labor Relations Board and U.S. federal appellate courts formally responded to reported violations of racism in a union election. The principles of this approach can easily be applied to other contexts and suggests that racism in society is less intractable and innate than malleable and politically determined.

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