Wednesday, September 7, 2011

Would it pass today?

During the introductory lecture in my labor law class, I point the students to Section 1 of the NLRA which contains findings and policies supporting passage of the Act. The statements are remarkable, even revolutionary when you think of the public's current perception of the role of government and its intrusive effect on private business. The section concludes declaring the public policy of the United States to be one supporting collective bargaining. The National Labor Relations Act fundamentally altered the role of government in regulating the process whereby organized labor negotiated with business the terms and conditions of private employment. In class, we discuss not only whether the NLRA would be passed today, we also discuss whether it would be deemed constitutional if considered res nova by the current Supreme Court. Long time blogger Michael Fox posted similar thoughts at Jottings by an Employment Lawyer. How different public sentiment has developed in response to the Great Recession, than it did to the Great Depression.