Friday, October 14, 2011
Mark Barenberg (Columbia), Jim Brudney (Fordham), and Karl Klare (Northeastern) have a guest op-ed in today's New York Times on the Boeing case. As readers well know, the attack on the NLRB's pending litigation in this case has gotten under my skin (see here and here), so in my view, the more defenses of the Board the better. I particularly like the following analogy, which nicely sums up the larger issue at stake here:
Everyone agrees that a company may legally locate its production anywhere it wishes and for any reason — except retaliatory ones. Imagine if Boeing had deliberately located a new plant in an area with a predominantly white labor force and then publicly stated that it did so because it was tired of listening to discrimination complaints made by African-American employees at its home plant. If the general counsel’s allegations are true, Boeing did something legally indistinguishable — unless labor rights no longer count as “real” rights.
But read the entire piece, it's worth it.