Dad, labor lawyer, professorial lecturer in law, pannapictagraphist, first gen college, he/his. Opinions are my own, not my employer’s.
Washington, DC
Joined June 2009
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Where the law doesn't protect labor organizing, there's violence--a lesson as the NLRB is under attack. Hope you'll take an hour to listen to me and @JonathanHafetz discuss Matewan, John Sayles' 1987 masterpiece about the West Virginia Mine Wars.
New on @lawonfilm: A deep dive into labor law and history with @fredbjacob through John Sayles's masterpiece, "Matewan".
buzzsprout.com/2073468/episo…
Now that we've had a couple of days with Slaughter (and a couple big cases in between), some thoughts to build on my article, Zones of Independence at the NLRB after Humphrey's Executor. (Read it here: ssrn.com/abstract=6338079) (1/7) xitter.gq/fredbjacob/status/2072…
3) Finally, as others like @NicholasBednar have said, the Court's silence ala Justice Sotomayor's concern that Slaughter will swallow civil service protections is, um, troubling. The Court ❤️ Myers, which protected subordinate federal employees, so maybe it's ok? (6/7)
While we’re all digesting the implications of Trump v. Slaughter, I offer my article, “Zones of Independence at the National Labor Relations Board after Humphrey’s Executor” as a glimmer of comfort for NLRB adjudication.
In the Administrative Law Review this fall, I contend that the Due Process Clause protects agency officials from political interference in adjudication. While the end of independence is a mixed bag at best, the Constitution guarantees that politics may not enter the courthouse.
The current draft is available here: papers.ssrn.com/sol3/papers.…. Please let me know your thoughts.
So thrilled that @IReadJotwell published my review of
@anyabernstein and Cristina Rodriquez's wonderful piece, "Working With Statutes." It's a love letter to civil servants, and I am here for it.
adlaw.jotwell.com/__trashed-…
I am so excited to attend my first @COSELLWorkLaw, Colloquium on Scholarship in Employment & Labor Law. Two days of listening to the smartest labor scholars in the country (& humbly offer an idea of my own) makes this nerd feel like I'm headed to Disney World. I’m gonna be all:
Labor law and NLRB stans, from the depths of the NLRB library, I bring you “The Washington World” magazine’s September 1963 primer on the Labor Board.
I like the headline, “NLRB bans unfairness by boss or worker.” Just doing our jobs, ma’am.
Fred Jacob retweeted
After Loper Bright, what's next for the @NLRB? In a new @PowerAtWorkBlog piece, Anne Marie Lofaso breaks down why the Board still holds significant power to shape labor law — even without Chevron deference. Read now at poweratwork.us/after-loper-b… and subscribe!
One of the best.
Today in #LaborHistory: Norma Rae hits theaters! Inspired by real-life union activist Crystal Lee Sutton, the film captures the resilience and courage of workers in the face of exploitation. A must-see for anyone who believes in the power of collective action! March 2, 1979
Fred Jacob retweeted
Today in #LaborHistory: Norma Rae hits theaters! Inspired by real-life union activist Crystal Lee Sutton, the film captures the resilience and courage of workers in the face of exploitation. A must-see for anyone who believes in the power of collective action! March 2, 1979
For those of you still over here, @AnneMarieLofaso and I have posted our paper, Beyond Loper Bright: Iterative Construction at the National Labor Relations Board. papers.ssrn.com/sol3/papers.…
Congress wanted labor policy to be made by experts, not generalists. Courts have recognized the Board's delegated discretion for decades, which Loper Bright does not call into question.
