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24 Harv. J. L. & Pub. Pol'y 489 (2000-2001)
Ending Our Anti-Union Federal Employment Policy

handle is hein.journals/hjlpp24 and id is 507 raw text is: ENDING OUR ANTI-UNION FEDERAL
The editors invited me to offer advice to the next President.
This was difficult, because a draft was due before we knew
who the next President would be: In one circumstance I would
advise forceful assertion of executive powers. In the other
circumstance my advice might have been, Resign! Admit Your
I have had to select an area of the law, then, where the nation
would benefit from the candidates of both major parties
heeding the same advice. It also has the virtue of being my
principal area of practice, labor and employment law.
Practitioners speak of labor and employment law as two
distinct fields, with   labor  law  encompassing    labor-
management     relations -unionization,  strikes,  collective
bargaining, and the law under the National Labor Relations
Act   (NLRA)'-and     employment    law   encompassing
everything else: discrimination, wage and hour regulation,
occupational health and safety, wrongful termination, etc.
Some practitioners still proudly identify themselves as real
labor lawyers, by which they mean they are of the cigar-
chomping, rough-and-tumble world of labor-management
relations. Not for them, the delicacies of the discrimination
laws and individual rights litigation. Many discrimination
lawyers, meanwhile, know as much about the NLRA as your
average telecommunications lawyer.
Our federal labor and employment laws and policy embody
the same disjunction: Federal employment laws are written and
enforced with little regard to whether the workforce they are
* Gibson, Dunn & Crutcher LLP, Washington, D.C. I am grateful for the
research assistance of Ayn B. Ducao and the comments of William Kilberg and
Stephen Tallent. The views expressed are my own.
1. 29 U.S.C. §§ 141-187 (2000) (codifying the NLRA, as amended).

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