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New Yale Scholarship: Case Comment: Waremart Foods v. NLRB
Posted by James Grimmelmann on Friday, August 13 @ 00:20:00 EDT Scholarship
Aron Fischer, Case Comment, Waremart Foods v. NLRB, Is the Right To Organize Unconstitutional?, 113 YALE L.J. 1999 (2004).

(Abstract prepared by James Grimmelmann)

Do union organizers have the right to organize on private property? As far as federal law is concerned, the answer to that question is clear. Employee organizers have broad rights under the National Labor Relations Act (NLRA); nonemployee union organizers have virtually none. Until a recent decision by the D.C. Circuit, however, there was little reason to believe that federal law, much less the Constitution, prevented states from granting workplace access rights to nonemployee organizers. Although California law appeared to protect labor-related leafleting on private property, the D.C. Circuit reasoned that to the extent the state law afforded special protections to labor leafleting, it was content-discriminatory in violation of the First Amendment. This Comment considers the sweeping implications of Waremart II's First Amendment analysis and takes a far more deferential view of the constitutionality of state labor laws.

 
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