12 Comments
Jan 18, 2021Liked by Brandon Magner

This was extremely helpful and useful! Have you thought about doing one for EFCA, just for posterity's sake?

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I could, but it wouldn't be very long! The whole Act was only three provisions: card check, interest arbitration for initial contracts, and enhanced remedies for employer ULPs. The PRO Act essentially subsumes the EFCA.

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Labor Law Lite has quickly become one of my favorite Substacks. What a terrific resource. Thank you for doing this!

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Jan 21, 2021Liked by Brandon Magner

Appreciate your leg work on this.

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Jan 22, 2021Liked by Brandon Magner

Very useful! Thank you.

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Increasing NLRB funding is difficult to justify with the current caseload. As I think you know, doing traditional labor law full time is difficult due to lack of organizing going on.

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The counterpoint to this argument is that the PRO Act should increase organizing, leading to more R and C cases for the NLRB than currently filed.

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No chance that striking down state right to work laws affects NC (and SC, VA, etc) public-sector collective bargaining bans, right?

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Correct. The NLRA deals only with private-sector labor law.

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How to change these bans, then--aside from state legislative action?

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Hey-- I found this really helpful to read through. I just followed up by skimming the actual act as passed by the House and couldn't find the 'hot cargo' sections. Could you direct me to where I can find them in the text of the bill? Thanks!

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At p. 11 of the PRO Act's text, you will see it amends section "(e)" (meaning Section 8(e), the "hot cargo" clause in Taft-Hartley) to now read as a ban on mandatory arbitration agreements. That replaces the language banning contractual language contained in hot-cargo agreements as it presently reads. It's a little confusing, but I think it's a clever substitution because it essentially flips this contractual-language clause from anti-worker to pro-worker. See: https://www.congress.gov/117/bills/hr842/BILLS-117hr842rfs.pdf

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