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April 9, 2008
Gregory on Labor Organizing by Executive Order?!
David Gregory (St. John's) has posted on SSRN his forthcoming piece: Labor Organizing by Executive Order?! - Governor Spitzer and the Unionization of Home-Based Child Day Providers.
Here's the abstract:
In May, 2007, New York became the most recent state to extend unionization rights to home-based, child day care providers. New York did so by governor's executive order, rather than by the more cumbersome legislative process. Labor organizing by executive order is a remarkable and powerful instrument for dramatically enhancing unionization prerogatives to persons who are, in fact, classical independent contractors.
How true and all the more interesting now that Gov. Spitzer's term has proven shorter than expected.
But does this mean that a governor not inclined toward the labor movement could take union rights away as a matter of executive order? That would be my chief worry with this process.
PS
April 9, 2008 in Scholarship | Permalink
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Comments
Well yes, that's exactly what that means. In the past few years, new governors have revoked collective bargaining rights for state employees that came in by executive orders in Indiana, Kentucky, and Missouri. Also, there have been some questions as to how "enforceable" rights that come through an executive order can be (see the experience in Marlyland of a decade or so ago).
Posted by: Joseph Slater | Apr 9, 2008 11:40:09 AM
