Reviewing the dismantling of American labor law in more than 100 Supreme Court cases

The National Labor Relations Act (NLRA), signed into law by Franklin Delano Roosevelt in 1935, guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Since its passage, the NLRA has functioned as the foundational statute of United States labor law. Opposed by conservatives and members of the Republican Party from the beginning, its provisions were largely upheld by the Supreme Court until the 1960s. In the latter part of the twentieth century and into the twenty-first, however, the Court began to erode the protections of the NLRA. While some cases have received widespread attention from commentators and scholars, such as Starbucks Corp. v. McKinney (2024), there have been numerous detrimental rulings that are little discussed. Taken as a whole, the Supreme Court’s efforts to undermine the NLRA appear sustained and systematic.

In The Assault on American Labor Law, distinguished labor law professor Roger C. Hartley collects and carefully reviews every Supreme Court decision concerning the NLRA over the past sixty years. By examining approximately 100 cases, Hartley demonstrates that the Court has often operated more like a legislature than a judicial body, effectively amending the NLRA’s collectivist policy underpinnings in favor of the interests of individuals and businesses. These judicial decisions create staggering obstacles for American workers to collectively organize and force them to face globalization, deindustrialization, and technological change individually, without the negotiating leverage provided by union representation. While scholars have suggested individual reforms to re-establish the efficacy of the NLRA, Hartley’s thorough study illuminates how the current crisis in US labor law evolved—a comprehensive view that is necessary to help restore the rights of workers to unionize.

Beyond the highly publicized heroics and foibles of players and teams, when the grandstands are empty and the scoreboards dark, there is a world of sport about which little is known by even the most ardent fan. It is the business world of sport; it is characterized by a thirst for power and money, and its players are just as active as those on the professional teams they oversee. In this collection, some of the best scholars in the field use examples from baseball, football, basketball, and hockey to illuminate the significant economic, legal, social, and historic aspects of the business of professional sports. 

Contributors: Dennis A. Ahlburg, Rob B. Beamish, Joan M. Chandler, James B. Dworkin, Lawrence M. Kahn, Charles P. Korr, John J. MacAloon, David Mills, Roger G. Noll, Steven A. Reiss, Gary R. Roberts, Stephen F. Ross, Peter D. Sherer, Leigh Steinberg, and David G. Voigt,

Teachers’ unions are the organizations responsible for safeguarding the conditions of teachers’ employment. Union supporters claim strong synergies between teachers’ interests and students’ interests, but critics of unions insist that the stance of teachers in collective bargaining may disadvantage students as unions reduce the power of administrators to manage, remove, reward or retain excellent teachers.

In A Collective Pursuit, Lesley Laveryunpacks how teachers’ unions today are fighting for contracts that allow them to earn a decent living and build “schools all students deserve.” She explains the form and function of the nation’s largest teachers’ unions. Lavery then explores unionization campaigns in the Twin Cities charter schools. A Collective Pursuit also examines teacher strikes and contract negotiations, school finance and finance reform, and district and union attempts to address racial achievement gaps, to provide a context for understanding the economic, political, and demographic forces that inspire teachers to improve conditions for students.

A Collective Pursuit emphasizes that while teachers’ unions serve a traditional, economic role, they also provide a vast array of valuable services to students, educators, parents, and community members.

In the United States today, almost three-quarters of the people teaching in two- and four-year colleges and universities work as contingent faculty. They share the hardships endemic in the gig economy: lack of job security and health care, professional disrespect, and poverty wages that require them to juggle multiple jobs.

This collection draws on a wide range of perspectives to examine the realities of the contingent faculty system through the lens of labor history. Essayists investigate structural changes that have caused the use of contingent faculty to skyrocket and illuminate how precarity shapes day-to-day experiences in the academic workplace. Other essays delve into the ways contingent faculty engage in collective action and other means to resist austerity measures, improve their working conditions, and instigate reforms in higher education. By challenging contingency, this volume issues a clear call to reclaim higher education’s public purpose.

Interdisciplinary in approach and multifaceted in perspective, Contingent Faculty and the Remaking of Higher Education surveys the adjunct system and its costs.

Contributors: Gwendolyn Alker, Diane Angell, Joe Berry, Sue Doe, Eric Fure-Slocum, Claire Goldstene, Trevor Griffey, Erin Hatton, William A. Herbert, Elizabeth Hohl, Miguel Juárez, Aimee Loiselle, Maria C. Maisto, Anne McLeer, Steven Parfitt, Jiyoon Park, Claire Raymond, Gary Rhoades, Jeff Schuhrke, Elizabeth Tandy Shermer, Steven Shulman, Joseph van der Naald, Anne Wiegard, Naomi R Williams, and Helena Worthen

How do public employees win and lose their collective bargaining rights? And how can public sector labor unions protect those rights? These are the questions answered in From Collective Bargaining to Collective Begging. Dominic Wells takes a mixed-methods approach and uses more than five decades of state-level data to analyze the expansion and restriction of rights.  

Wells identifies the factors that led states to expand collective bargaining rights to public employees, and the conditions under which public employee labor unions can defend against unfavorable state legislation. He presents case studies and coalition strategies from Ohio and Wisconsin to demonstrate how labor unions failed to protect their rights in one state and succeeded in another. 

From Collective Bargaining to Collective Begging also provides a comprehensive quantitative analysis of the economic, political, and cultural factors that both led states to adopt policies that reduced the obstacles to unionization and also led other states to adopt policies that increased the difficulty to form and maintain a labor union. In his conclusion, Wells suggests the path forward for public sector labor unions and what policies need to be implemented to improve employee labor relations.

When pro football players formed a union to stand up against the NFL for their own interests, they chose lawyer Ed Garvey as their Executive Director. The NFL Players Association (NFLPA), would take on the NFL over player contracts, collective bargaining agreements, and antitrust suits. It lobbied for players’ free agency, contract rights, and impartial arbitration of disciplinary disputes. Garvey navigated strikes, lockouts, scabs, stooges, lies, as well as the sports media complex—to maintain players’ dignity. According to the league, the players were to take what they were given and “never ask why.” 

In Never Ask “Why,” journalist Chuck Cascio presents the late Garvey’s rich account of the early years of the NFLPA, taking readers among the players as they held the league accountable to play fair. Learning from their mistakes, the NFLPA would succeed in curbing commissioner Pete Rozelle’s disciplinary power and striking down the Rozelle Rule’s absolute control over free agency.

Garvey tells the intimate stories of how pro football players, rivals on the field, rallied together to stand up for themselves. He worked tirelessly to change a system that exploited players and even controlled the media. In the end, Garvey shows how the NFLPA transformed the state of pro sports leagues today and how, even still, they work to keep down the players on whose backs they profit.

• discusses why library workers need unions and explores some of the benefits that a collective bargaining agreement can assure, such as job security, increased salaries, codification of the rules for overtime pay and time off, and protection from harassment by patrons;
• explains why a contract won't limit employees' autonomy;
• walks readers through how to launch a union drive, including the basics of talking with co-workers, combating apathy and fear, and running a campaign;
• offers an overview of the steps involved in building a new union, from forming an organizing committee to getting recognition and setting up a governance structure;
• sketches out the key issues relating to contracts, the details of bargaining and negotiation, and arbitration;
• lays out approaches and strategies for dealing with supervisors and administrators in the context of your union work, including effective communication between labor and management, contract enforcement, and handling bad behavior such as unfair labor practices and retaliation;
• gives advice on pursuing changes in your workplace in a right-to-work state;
• explores the constructive roles that bosses can play to support the union efforts of the workers who organize them; and
• provides an Action Plan at the end of each chapter with suggested readings, questions for reflection, and activities designed to help deepen your knowledge, broaden your network, and practice important skills.

Nick Juravich and Steve Striffler edit a collection that examines the effects of the pandemic on workers. Sections of the book focus on specific impacts and government efforts to restructure the economy; the dramatic effect of the pandemic on the hospitality industry; educators’ response on behalf of themselves and their students; frontline healthcare workers; and the innovative forms of labor organizing that emerged during and after COVID.

Contributors: Carlos Aramayo, Kathleen Brown, Sandrine Etienne, Ismael García-Colón, Puya Gerami, Maura Hagan, Connor Harney, Devan Hawkins, Leigh Howard, Marian Moser Jones, Doris Joy, Nick Juravich, Eric Larson, Kathryn M. Meyer, Samir Sonti, Steve Striffler, Lia Warner, Andrew B. Wolf, and Jennifer Zelnick

Understanding paras as key players in Black and Latino struggles for jobs and freedom, Nick Juravich details how the first generation of paras in New York City transformed work in public schools and the relationships between schools and the communities they served. Paraprofessional programs created hundreds of thousands of jobs in working-class Black and Latino neighborhoods. These programs became an important pipeline for the training of Black and Latino teachers in the1970s and early 1980s while paras’ organizing helped drive the expansion and integration of public sector unions.

An engaging portrait of an invisible profession, Para Power examines the lives and practices of the first generation of paraprofessional educators against the backdrop of struggles for justice, equality, and self-determination.

From white-collar executives to mail carriers, public workers meet the needs of the entire nation. Frederick W. Gooding Jr. and Eric S. Yellin edit a collection of new research on this understudied workforce. Part One begins in the late nineteenth- and early twentieth century to explore how questions of race, class, and gender shaped public workers, their workplaces, and their place in American democracy. In Part Two, essayists examine race and gender discrimination while revealing the subtle contemporary forms of marginalization that keep Black men and Black and white women underpaid and overlooked for promotion. The historic labor actions detailed in Part Three illuminate how city employees organized not only for better pay and working conditions but to seek recognition from city officials, the public, and the national labor movement. Part Four focuses on nurses and teachers to address the thorny question of whether certain groups deserve premium pay for their irreplaceable work and sacrifices or if serving the greater good is a reward unto itself.

Contributors: Eileen Boris, Cathleen D. Cahill, Frederick W. Gooding Jr., William P. Jones, Francis Ryan, Jon Shelton, Joseph E. Slater, Katherine Turk, Eric S. Yellin, and Amy Zanoni

When viewed from our turbulent times, the Minneapolis of fifty years ago might seem serene, but Minneapolis schoolteachers of the day remember it quite differently. It was, author William D. Green said of their recollections, as if they’d been through war. This book recreates twenty days in April 1970 when a then-illegal strike by Minneapolis’s public school teachers marked a singular moment of cultural upheaval—and forever changed the city’s politics, labor law, educational climate, and the right to collective bargaining.

Since the inception of public education in Minnesota, teachers were expected to pursue their vocation out of civic spirit, with low wages, no benefits, and no job security. Strike! describes the history and circumstances leading to the teachers’ extraordinary action, which pitted the progressive and conservative teachers’ unions against each other—and both against the all-powerful school district, a hostile governor and state legislature, and a draconian Minnesota law. Capturing the intense emotions and heated rivalries of the strike, Green profiles the many actors involved, the personal and professional stakes, and the issues of politics, law, and the business of education. 

Informed by interviews, firsthand accounts, news reports, and written records, Strike! brings to life a pivotal moment not just for Minneapolis’s teachers but for the city itself, whose government, school system, and culture would, in a complex but inexorable way, change course for good.

As Shelton shows, many working- and middle-class whites sided with corporate interests in seeing themselves as society's only legitimate, productive members. This alliance increasingly argued that public employees and the urban poor took but did not give. Drawing on a wealth of research ranging from school board meetings to TV news reports, Shelton puts readers in the middle of fraught, intense strikes in Newark, St. Louis, and three other cities where these debates and shifting attitudes played out. He also demonstrates how the labor actions contributed to the growing public perception of unions as irrelevant or even detrimental to American prosperity. Foes of the labor movement, meanwhile, tapped into cultural and economic fears to undermine not just teacher unionism but the whole of liberalism.