Labour and Employment Law Initiatives and Proposals under the Obama Administration

Barack Obama’s famous “Blueprint for Change,” part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come.

Based on papers delivered at the 2009 conference of the New York University School of Law’s Center on Labor and Employment Law – the 62nd in this venerable and highly influential series – the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following:

• mandatory arbitration of employment disputes in non-union sector;
• call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees;
• more privatized forms of dispute resolution such as arbitration and mediation;
• card-check and neutrality agreements bypassing government processes;
• proposed reform of the Age Discrimination in Employment Act;
• evaluating market-based defenses to pay equity claims;
• EEOC initiatives in public enforcement of equality law; and
• challenges to labor relations in state and local governments.

As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.