The Employer’s Unilateral Act - a Per Se Violation - Sometimes
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Texas Law Review, Vol. 44, p. 470, 1966
The National Labor Relations Board has held that absent certain narrow defenses. all unilateral changes by an employer are 'per se' violative of the National Labor Relations Act. The Supreme Court has not adopted such a sweeping approach, but it has set forth some language that seems to conflict with the purposes of the Act. In this article Professor Schatzki analyzes the Board's approach to the problem, the Court's decisions in the area, and the distinctions that the Court is drawing among various types of unilateral acts. He then suggests an approach for the Board that is consistent with the purposes of the Act and the holdings of the Court.
Number of Pages in PDF File: 39
Keywords: Employer, National Labor Relations Board, unilateral actsAccepted Paper Series
Date posted: July 9, 2009
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