The Employer’s Unilateral Act - a Per Se Violation - Sometimes

Texas Law Review, Vol. 44, p. 470, 1966

39 Pages Posted: 9 Jul 2009

See all articles by George Schatzki

George Schatzki

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: 1966

Abstract

The National Labor Relations Board has held that absent certain narrow defenses. all unilateral changes by an employer are 'per se' violative of the National Labor Relations Act. The Supreme Court has not adopted such a sweeping approach, but it has set forth some language that seems to conflict with the purposes of the Act. In this article Professor Schatzki analyzes the Board's approach to the problem, the Court's decisions in the area, and the distinctions that the Court is drawing among various types of unilateral acts. He then suggests an approach for the Board that is consistent with the purposes of the Act and the holdings of the Court.

Keywords: Employer, National Labor Relations Board, unilateral acts

Suggested Citation

Schatzki, George, The Employer’s Unilateral Act - a Per Se Violation - Sometimes (1966). Texas Law Review, Vol. 44, p. 470, 1966, Available at SSRN: https://ssrn.com/abstract=1432032

George Schatzki (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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