Category Archives: Labor Relations

Opinions: Arbitration Agreements in Employment Contracts and Sovereign Immunity for Indian Tribes

Justice Gorsuch wrote the two opinions announced earlier this week. The first, Epic Systems Corp. v. Lewis, was a 5-4 decision, and it upheld the ability of employers to require their workers to settle employment disputes through individual arbitration rather than by collective suits or arbitrations. This holding reversed the National Labor Relations Board’s determination … Continue reading Opinions: Arbitration Agreements in Employment Contracts and Sovereign Immunity for Indian Tribes

Labor Law and the First Amendment: Janus v. AFSCME

In one of the most-anticipated cases of the Term, the Supreme Court will reconsider a 40-year-old precedent regarding the intersection of labor law and the First Amendment. In 1977, in Abood v. Detroit Board of Education, the Court ruled that under the First Amendment, public school teachers could be required to pay union fees, known … Continue reading Labor Law and the First Amendment: Janus v. AFSCME

Senator Warren, the Supreme Court, and Judicial Ethics

Senator Elizabeth Warren is worried about conflicts of interest on the Supreme Court. Unlike all other federal courts, the Supreme Court has no formal code of conduct. Supreme Court justices are largely on their own when it comes to off-the-court activities and deciding when to recuse because of a conflict of interest. In a Politico article  titled … Continue reading Senator Warren, the Supreme Court, and Judicial Ethics

New Cases for the Court: The September 2017 Long Conference

The Supreme Court has just announced that it will hear eleven new cases in the Term that begins on Monday. Between the end of June and the beginning of September every year, the Supreme Court is on recess. Over the summer, many of the Justices travel or teach. New law clerks begin work as well, … Continue reading New Cases for the Court: The September 2017 Long Conference

National Labor Relations Board v. Noel Canning: Behind the Decision

On June 26, 2014, the Supreme Court declared the recent use of presidential recess appointment power unconstitutional in National Labor Relations Board v. Noel Canning. Professor Sanford Greenberg (IIT Chicago-Kent College of Law) explains this highly technical, yet very important, ruling.

Inside the Case: NLRB v. Noel Canning

Case:

NLRB v. Noel Canning

In January 2014, the Supreme Court will hear oral argument in National Labor Relations Board v. Noel Canning. Even though this case seems technical at first glance, its wide-ranging impact could affect the political process and the functioning ability of a partisan US government.

Professor Carolyn Shapiro (IIT Chicago-Kent College of Law) explains the case and its implications.

Unite Here v. Mulhall Dismissal

Case: Unite Here Local 355 v. Mulhall This week, the Supreme Court ruled that Unite Here Local 355 v. Mulhall had been improvidently granted and thus dismissed the case. But what does that mean for the law? The results are unclear. Professor César F. Rosado Marzán of Chicago-Kent College of Law, who discussed Mulhall for … Continue reading Unite Here v. Mulhall Dismissal