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8 Admin. L.J. Am. U. 517 (1994-1995)
A Blueprint for Reform of the National Labor Relations Act

handle is hein.journals/adminlj8 and id is 529 raw text is: A BLUEPRINT FOR REFORM OF THE NATIONAL LABOR RELATIONS ACT* CHARLES J. MORRIS Table of Contents I. Distinguishing Between the Law's Fundamental Rights and Its Fundamental Weaknesses .................. 518 A. In Search of a National Labor Policy .............. 519 B. The Myth of Inherent Adversariness In the NLRA . .. 526 1. The Organizational Process .................. 527 2. The Collective Bargaining Process ............ 529 3. Working Under the Collective Agreement ........ 530 C. The Effect of Law on the Decline of Union Membership ....................... 533 D. The Best Kept Secret Under the NLRA and the Myth About Electromation, Inc ............... 536 II. Proposed Legislative Changes .................... 545 A. New Procedures and Remedies in Sections 8(a)(1) and 8(a)(3) Discharge Cases ................... 546 1. Mandatory Injunctions and Damage Suits ....... 546 2. Burden of Proof ....................... 548 B. Changes Relating to the Establishment of Union Representation ...................... 550 1. Reversing Linden Lumber and Clarifying Gissel . .. 550 2. Clarifying the Status of Minority Labor Organizations .................... 553 C. Cutting the Old Gordian Knots of Borg-Warner and Yeshiva and the New Knot of Health Care & * This Article is an edited version of a Statement submitted on Dec. 1, 1993, as a response to the frst part of the second question in the Mission Statement of the Commission on the Future of Worker-Management Relations (hereinafter the Dunlop Commission), which was jointly established by the Secretaries of the U.S. Depart- ments of Labor and Commerce on May 4, 1993, 58 Fed. Reg. 27,311 (May 7, 1993). That question was: What (if any) changes should be made in the present legal framework . . . of collective bargaining to enhance . . . behavior, improve productiv- ity, and reduce conflict and delay? ** Professor Emeritus of Law, Southern Methodist University, now residing in San Diego, California.

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