Labor and the Constitution: Labor and Property, Privacy, Discrimination and International RelationsRoutledge, 2014 M03 14 - 385 pages First published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights. |
From inside the book
Results 1-5 of 81
Page 2
... Held : 1. Freedom of speech and of the press , secured by the First Amendment against abridgment by the United States , is secured to all persons by the Fourteenth Amendment against abridgment by the States . P. 95 . 2. When abridgment ...
... Held : 1. Freedom of speech and of the press , secured by the First Amendment against abridgment by the United States , is secured to all persons by the Fourteenth Amendment against abridgment by the States . P. 95 . 2. When abridgment ...
Page 21
... Held : Lechmere did not commit an unfair labor practice by barring nonemployee union organizers from its property . Pp . 531-541 . ( a ) By its plain terms , the NLRA confers rights only on employees , not on unions or their nonemployee ...
... Held : Lechmere did not commit an unfair labor practice by barring nonemployee union organizers from its property . Pp . 531-541 . ( a ) By its plain terms , the NLRA confers rights only on employees , not on unions or their nonemployee ...
Page 26
... held that contact at the workplace was preferable . The Babcock & Wilcox Co. , 109 N. L. R. B. 485 , 493-494 ( 1954 ) . " [ T ] he right to distribute is not abOpinion of the Court solute , but must be accommodated to 26 532 LECHMERE ...
... held that contact at the workplace was preferable . The Babcock & Wilcox Co. , 109 N. L. R. B. 485 , 493-494 ( 1954 ) . " [ T ] he right to distribute is not abOpinion of the Court solute , but must be accommodated to 26 532 LECHMERE ...
Page 29
... held in Sears that arguable § 7 claims do not pre - empt state trespass law , in large part because the trespasses of nonemployee union organizers are " far more likely to be unprotected than protected , " 436 U. S. , at 205 ...
... held in Sears that arguable § 7 claims do not pre - empt state trespass law , in large part because the trespasses of nonemployee union organizers are " far more likely to be unprotected than protected , " 436 U. S. , at 205 ...
Page 31
... held that the Act drew a distinction " of substance , " 351 U. S. , at 113 , between the union activities of employees and nonemployees . In cases involving employee activities , we noted with approval , the Board " balanced the ...
... held that the Act drew a distinction " of substance , " 351 U. S. , at 113 , between the union activities of employees and nonemployees . In cases involving employee activities , we noted with approval , the Board " balanced the ...
Contents
21 | |
Labor Property and Sovereignty After Lechmere | 43 |
Gilbert v Homar | 99 |
Skinner v Railway Labor Executives Association | 108 |
Expanded Employee DrugDetection Programs | 162 |
Steele v Louisville and Nashville Railroad | 222 |
Wygant v Jackson Board of Education | 241 |
Jacksonville Bulk Terminals Inc v | 296 |
LCF Inc v National Labor Relations Board | 326 |
Acknowledgments | |
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Common terms and phrases
action activity agreement alcohol Amendment American Appeals apply arbitration areas argued argument authority Babcock blood Board cause claim clause collective bargaining communication concerning concluded conduct constitutional Court decision determination direct discrimination discussion dissenting drug testing economic effective employ employees employment enforcement Equal evidence exclude fact federal finding Fourth held individual interests International involved issue JUSTICE justify labor labor dispute labor law layoff Lechmere legislation limited majority means Michigan minority NLRA NLRB Opinion organizers particular parties persons petitioner picket political practice procedures prohibited property rights protection question racial railroad Railway reasonable recognized regulations Relations remedial representative respondent result rule safety searches standards statute strike supra note teachers tion union United urine violated workers workplace