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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 EMPLOYMENT POLICY EUGENE SCAUA* 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 Transgressions! 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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