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Student Publications Homepage
ARTICLE CONTENTS
[Pages 125-146]
TOP OF ARTICLE
I. The Role of the Courts in Limiting the
Effectiveness of the Law
A. The Continuing Role of the Judiciary
B. The Continuing Influence of Common-Law Concepts
II. The Equivocal Performance of the NLRB
A. The Impact of Other Laws and Other Decisionmakers
1. The Reemergence of State Law
2. Arbitration
B. The Declining Role of Collective Bargaining
C. The Continued Weakening of the Right to Strike
D. Inhibiting Flexibility
III. Suggestions
A. Overturn the Mackay Doctrine
B. Eliminate � 8(b)(4) of the NLRA
C. Modify NLRA � 8(a)(2)’s Prohibition of Company Unions
Conclusion
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