The Law Of The United States - 1512 Words

For example, creating the precedent in Republic Steel that requires an employee fired in violation of the NLRA to find another similar job as soon as possible to mitigate damages or risk the being awarded back pay or the legally unsupported Brown University case, decided by one of the most conservative Boards in recent history, held, â€Å"as a matter of policy,† that graduate student workers were students and, and, therefore, could not be employees as defined by the NLRA. Republic Steel, Dannin, supra note 44 at 260–63. Id. See Consol. Edison Co. v. NLRB, 305 U.S. 197, 220 (1938) (holding that the power of the Board to punish an employer who violates the NLRA is â€Å"remedial, not punitive.†); Republic Steel Corp. v. NLRB, 311 U.S. 7, 10†¦show more content†¦Morris ed. 1987) (â€Å"the NLRB has not only failed to prevent unfair labor practices, but has actually encouraged their commission because its processes and remedies are so ineffective.†); Martha S. West, The Case Against Reinstatement in Wrongful Discharge, 1988 U. ILL L. REV. 1 25-29, 64 (1988) (finding that the current remedies available to the NLRB are ineffective in preventing employers from committing unfair labor practices); Robert M Worster III, Casenote: If It’s Hardly Worth Doing, It’s Hardly Worth Doing Right: How the NLRA’s Goals Are Defeated Through Inadequate Remedies, 38, U. RICH. L. REV. 1073, 1083 (2004) (â€Å"[l]abor law is so weak that companies often treat the minor penalties as a routine cost of doing business, not a deterrent against violations.†). Henry S. Drummonds, Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy, 70 LA. L. REV. 97, 120 (2009). â€Å"It shall be an unfair labor practice for an employer . . . by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership i n any labor organization.† National Labor Relations Act  § 160. Morris M. Kleiner David Weil, Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with other Workplace Penalty Policies, in RESEARCH HANDBOOK ON THE ECONOMICS