Don’t forget 10(l) injunctions, defamation actions under Lynn, and perhaps most significantly of all section 303 suits. 303 suits can be a horror show for unions. Just look at what happened a few years back to ILWU in Portland. We need judges who actually hold capital to its burden of proof. Too often, it’s too easy for employers to bring these suits.
The judge in the ILWU case is no conservative; he actually cut the jury verdict in that case way back because he found that the company's damages claims were unsupportable. (Also granted a great 10(j) injunction in another case a few days ago, for what that's worth.) But there's only so far you can go. ILWU f***ed around, big time, and found out.
That might well make things worse, since the one redeeming feature of the NLRA's byzantine trial and appeals structure is that the actual factfinding is done by impartial career ALJs instead of by the political hacks who get federal judgeships.
A better idea would be to abolish the Board, give its rulemaking powers to the GC, and send appeals directly from ALJs to the courts of appeals. And as long as I'm demanding pie in the sky, pass a constitutional amendment to overturn Free Enterprise Fund, re-professionalize the civil service, and get rid of John Roberts and Brett Kavanaugh's neo-spoils system.
John the only comment I will make is that a court of general jurisdiction usually has a more flexible docket to deal with timely matters. I work with a statutory, specialized court (far away) and its pace is glacial in all matters no matter how urgent to litigants.
Don’t forget 10(l) injunctions, defamation actions under Lynn, and perhaps most significantly of all section 303 suits. 303 suits can be a horror show for unions. Just look at what happened a few years back to ILWU in Portland. We need judges who actually hold capital to its burden of proof. Too often, it’s too easy for employers to bring these suits.
The judge in the ILWU case is no conservative; he actually cut the jury verdict in that case way back because he found that the company's damages claims were unsupportable. (Also granted a great 10(j) injunction in another case a few days ago, for what that's worth.) But there's only so far you can go. ILWU f***ed around, big time, and found out.
What is needed is a specialized Federal District Court of Labor Law.
That might well make things worse, since the one redeeming feature of the NLRA's byzantine trial and appeals structure is that the actual factfinding is done by impartial career ALJs instead of by the political hacks who get federal judgeships.
A better idea would be to abolish the Board, give its rulemaking powers to the GC, and send appeals directly from ALJs to the courts of appeals. And as long as I'm demanding pie in the sky, pass a constitutional amendment to overturn Free Enterprise Fund, re-professionalize the civil service, and get rid of John Roberts and Brett Kavanaugh's neo-spoils system.
John the only comment I will make is that a court of general jurisdiction usually has a more flexible docket to deal with timely matters. I work with a statutory, specialized court (far away) and its pace is glacial in all matters no matter how urgent to litigants.
The goal is eliminating political flip-flopping of case precedent.
Fed judges don’t like Title VII discrimination cases either!
Great piece!