Abstract

Conclusions Comparisons of the NLRB to dinosaurs and other extinct species, fallen empires, and other relics are overdone. Nevertheless, the Board must confront some worrisome signs of institutional decay. On very separate fronts federal courts and state legislatures- the Board's ULP jurisdiction is eroding. Even more troubling for the Board, these incursions are coming from different sources. Unions seem to be winning the battle to legislate protective labor standards when the collective bargaining process that is administered by the NLRB fails them. Individual employees, and by extension certain employers, are circumventing the Board's ability to define fundamental issues of union membership.

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