February 8, 2010

More concerns on Becker NLRB nomination

Kevin Williamson at NRO calls nominee Craig Becker "The 'Shut Up' Candidate":

He has argued that workers should be allowed to choose only between unions, not between a union and no representation, and he wants employers to be banned from even attending NLRB hearings about union elections. On the subject of the NLRB itself, he has gone so far as to write that "employers should have no right to be heard in either a representation case or an unfair labor practice case, even though Board rulings might indirectly affect their duty to bargain." In other words: "Shut up."

February 3, 2010

M. Patricia Smith nomination

House Republicans say the nominee for the key post of Labor Department Solicitor wasn't candid (PDF) in her representations to committee staff, but Democrats seem intent on ignoring their protests. More: Carter at ShopFloor.

Around the web, February 3

• "Obama's Stealth Push for Card Check" [Chris Brown, Frum Forum, Bret Jacobson/Roll Call, ShopFloor coverage of yesterday's Craig Becker confirmation hearing]
• "We're not finished with Toyota," says transportation secretary LaHood [Stoll, earlier; Reuters via Robinette]
• Powering New England at permanent recession levels? Pollution suit seen as bid to close Salem Harbor coal-fired utility plant [Boston Globe] Opponents seeking immediate closure of Vermont Yankee nuclear plant [WCAX]
• More on SEC global warming disclosure guidance [Carter at ShopFloor, earlier]
• "Game-changing day at the SEC": now it can use cooperation agreements and deferred prosecution agreements [FCPA Professor]
• That's what happens (well, at least sometimes) when you let nonlawyers write legal blogs [Turkewitz]

February 2, 2010

State AGs throwing their weight around, cont'd

Now Richard Blumenthal is demanding that Connecticut, not Maine, labor be used on a bridge project financed by federal stimulus money. On what legal basis? [Legal NewsLine] It's the latest of numerous ways the oughta-be-controversial AG has seemingly put the power of his office at the disposal of labor unions.

February 1, 2010

Around the web, February 1

• Lawyers swarm Toyota [Bronstad, NLJ, ABA Journal, WSJ Law Blog] Feds asked for it, they got it (the damagingly wide recall, that is) and speculation arises as to whether Washington's role as owner-ally of GM might have made a difference [Harner, ConcurOp; Coyote, with comments discussing issue of brakes' role in stopping unintended acceleration] But maybe other theories would also explain the feds taking a hard line. And this new, perfect development: "Lawyers Ask Court To Stop Toyota From Fixing Cars."
• Big plaintiff win in Vivendi securities class action trial could bring billions [10b-5 Daily, LaCroix, WSJ Law Blog]
  
• "Judge Rejects Lerach's Request for European Trip" [California Civil Justice]
• Unions see hopes for card check bill dim with Brown Senate win [In These Times] AFL-CIO instead hopes to get it through NLRB fiat, which could make this week's confirmation hearing on nominee Craig Becker a key one to watch [Carter at ShopFloor, more, yet more] Related: lawprofs for Becker [Workplace Prof]
• Illinois: "GOP gubernatorial hopefuls tout tort reform" [Knef, MC Record]
• Point of Law favorite Richard Epstein will be guestblogging Monday at TortsProf. Update: here's his post.

January 25, 2010

Cato Journal: "Are Unions Good for America?"

Labor policy and labor law are the theme of the latest (Winter 2010) issue of the Cato Journal. Among the contributions (all PDF) are Armand Thieblot, "Unions, the Rule of Law, and Political Rent Seeking"; George C. Leef, "Prevailing Wage Laws: Public Interest or Special Interest Legislation?"; and Charles W. Baird, "Toward a Free-Market Union Law."

January 18, 2010

Around the web, January 18

• Massachusetts Senate race could give Republicans the added vote they need to block EFCA [Cal Labor Law] New poll shows union members opposing card check [Workforce Fairness Institute via Eric B. Meyer]
• ObamaCare demonstration projects: "Oregon Seeks $300,000 Tort Reform Grant" [Lund Report]
• Employers advised to make staff "sign and acknowledge receipt" of not-so-favorable performance reviews [Schwartz]
• Any and all tactics? Website of Center for Justice and Democracy offers "kudos" for disruption of Detroit Auto Show [Pop Tort]
• Market for directors' and officers' insurance on the rise in Europe as lawsuit risks mount [Kevin Lacroix]
• Kirk Hartley of the Global Tort blog, a key stop for coverage of asbestos and bankruptcy issues, is switching law firms.
  

January 14, 2010

Bernstein & Leonard: discriminatory roots of progressive labor laws

From the SSRN abstract (via Workplace Prof) of David Bernstein (GMU, law) and Thomas (Tim) Leonard (Princeton, economics), "Excluding Unfit Workers: Social Control Versus Social Justice in the Age of Economic Reform":

...in the early 20th century American labor reformers promoted an ideology that advocated excluding from the workplace those they regarded undesirable, undeserving, or defective. Once progressive ideology came to dominate government policy during the Great Depression, labor legislation was enacted that intentionally set out to exclude "undesirable" workers from the workplace.

January 8, 2010

Uh-oh: "Administration Setting Stage for Ergonomics Revival"

Preparing to replay a battle royal from the Clinton Administration [Carter at ShopFloor] Earlier here, here, and, on OSHA appointee David Michaels's views, here and here.

January 6, 2010

Public sector unions vs. juvenile corrections reform

Dysfunctional Albany, cont'd: "As hard as it may be to imagine, the most significant force against the reform of failed criminal justice programs have been the unions, and the politicians who depend on them for financing, representing prison guards." [Scott Greenfield on this New York Times editorial]

P.S. Similarly on California from Prof. Bainbridge here and here.