Labor and the Constitution: Labor and Property, Privacy, Discrimination and International RelationsFirst 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
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The employer, acting in good faith on the facts as it understood them at the time, could discharge an employee for the adverse consequences flowing from the employee's speech, even if the predicates upon which the employer originally ...
The employer, acting in good faith on the facts as it understood them at the time, could discharge an employee for the adverse consequences flowing from the employee's speech, even if the predicates upon which the employer originally ...
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The Act does not interfere with the normal right of the employer to hire, or with the right of discharge when exercised for other reasons than intimidation and coercion; and what is the true reason in this regard is left the subject of ...
The Act does not interfere with the normal right of the employer to hire, or with the right of discharge when exercised for other reasons than intimidation and coercion; and what is the true reason in this regard is left the subject of ...
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... 10 (c), authorizing the Board to require the reinstatement of employees found to have been discharged because of ... that the Board, in requiring reinstatement, may direct the payment of wages for the time lost by the discharge, ...
... 10 (c), authorizing the Board to require the reinstatement of employees found to have been discharged because of ... that the Board, in requiring reinstatement, may direct the payment of wages for the time lost by the discharge, ...
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Like Congress, it has found itself faced with the task of piling premise upon premise and hypothesis upon hypothesis to reach the conclusion that the discharge of a few production employees at the respondent's plant has a vital bearing ...
Like Congress, it has found itself faced with the task of piling premise upon premise and hypothesis upon hypothesis to reach the conclusion that the discharge of a few production employees at the respondent's plant has a vital bearing ...
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In actuality, the petitioner means that the respondent's discharge of ten employees might have led to dissatisfaction, which might have led to a labor dispute, which might have led to a strike and a consequent interruption of interstate ...
In actuality, the petitioner means that the respondent's discharge of ten employees might have led to dissatisfaction, which might have led to a labor dispute, which might have led to a strike and a consequent interruption of interstate ...
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Contents
National Labor Relations Board v Jones and Laughlin Steel Corp | |
A Response | |
National Labor Relations Board v Catholic Bishop of Chicago | |
Trans World Airlines Inc v Hardison | |
Government Regulation of Religion Through Labor | |
Labor and Speech | |
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Common terms and phrases
accommodate action activities administrative agreement Amendment application argued Association authority believe benefits Board burden Catholic cause church Churchill claim Clause collective bargaining commerce common law concern concluded Congress constitutional contract costs Court decision determine discharge discrimination due process duty economic effect employees employment Establishment evidence exemption exercise expression fact fair federal fees findings fired force freedom Hardison held individual industrial institutional interest involved issue jurisdiction Justice legislative less limited matter means National Labor Relations NLRB observed operation opinion organization person petitioners practices principle problem procedures prohibition protected question reasonable regulation religion religious representatives respondent retaliation rules schools sector seniority speech statute statutory supra note theory Title VII union United violate wages workers workplace wrongful