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94 Va. L. Rev. Brief 1 (2008)

handle is hein.journals/inbrf94 and id is 1 raw text is: VIRGINIA LAW REVIEW IN BRIEF VOLUME 94 MARCH 24,2008 PAGES 1-7 RESPONSE THOUGHTS ON TREATING UNION REPRESENTATION PROCESSES AS A MARKET IN NEED OF LEGALLY REQUIRED DISCLOSURE OF INFORMATION Catherine L. Fisk* JMAGINE a market that looks like this. You're thinking of buy- ing something-a house, insurance, shares of stock, a prescrip- tion drug, or a medical procedure. There is an entity (call it the anti-seller) that considers it in its economic interest that you not buy the item. The anti-seller has a great deal of money and all of your working hours to persuade you not to buy. The anti-seller hires lawyers and consultants to run a campaign to block the sale. The consultants require your supervisor at work to meet with you daily in one-on-one meetings to tell you why you shouldn't buy. The anti-seller makes and screens a movie starring your co-workers in which they explain why it's a bad idea to buy.' Although the law prohibits direct threats, the message underlying anti-seller's adver- tising campaign is that your employer may go out of business or be forced to lay you off if you buy the item. Meanwhile, the seller from whom you propose to buy has to work hard even to figure out who you are and where to reach you to speak with you. Unlike the anti-seller, the seller cannot speak with you during your working Douglas Blount Maggs Professor of Law, Duke University. See Allegheny Ludlum Corp., 333 N.L.R.B. 734, 734 (2001) (describing union elec- tion campaign in which employer made and screened a film of employees explaining why they opposed the union).

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