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The ACLU's Push to Expand Arbitration Deferral Needs to Stop

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Last week, I wrote a piece about a strange case the American Civil Liberties Union (ACLU) is litigating at the National Labor Relations Board (NLRB). The most troubling part of the case is that the ACLU is advancing a novel legal theory that, if accepted, would reduce the rights of workers across the country to bring unfair labor practice (ULP) charges to the NLRB. My prior piece included a high-level explanation of what the ACLU is doing. Here, I get more into the details. Section 10(a) of the National Labor Relations Act (NLRA) states that: The Board is empowered, as hereinafter provided, to prevent any person from engaging in any unfair labor practice affecting commerce. This power shall not be affected by any other means of adjustment or prevention that has been or may be established by agreement, law, or otherwise. What’s important about this section is that it establishes that the NLRB is not required by law to defer the adjudication of unfair labor practice charges to private ar

The ACLU's Push to Expand Arbitration Deferral Needs to Stop ACLU's management needs to wake up or be woken up. Matt Bruenig Mar 18, 2024 29 1 2 Share Last week, I wrote a piece about a strange case the American Civil Liberties Union (ACLU) is litigating at the National Labor Relations Board (NLRB). The most troubling part of the case is that the ACLU is advancing a novel legal theory that, if accepted, would reduce the rights of workers across the country to bring unfair labor practice (ULP) charges to the NLRB. My prior piece included a high-level explanation of what the ACLU is doing. Here,

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