Academic journal article Labor Law Journal

From the Editor

Academic journal article Labor Law Journal

From the Editor

Article excerpt

Dear Reader:

As President Bush's first term draws to a close, the current NLRB has been very active in reviewing and overturning the rulings of the Clinton Board. In recent months the Board, by a 3-2 vote in each case, has decided to reverse course in IBM Corp, Brown University, Oakwood Care Center and Crown Bolt, Inc. all four decisions overruled decisions of the Clinton Board issued only four years ago. Additionally, in Brevard Achievement Center, another 3-2 decision, the Board followed Brown in finding that disabled workers in rehabilitative programs were not employees since the relationship was not primarily economic in nature.

Particularly interesting is the dissent's observation in Oakwood Care Center, in which Members liebman andWalsh lamented the majority's "supposed strict construction" of the NLRA. Indeed, when you read the majority opinions in Oakwood Core Center and Brown University, you find a concerted effort on the part of the majority to interpret the various provisions of the statute according to what the majority sees as the intent of Congress. …

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