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Celine McNicholas and Sharon Block. 11/16/2017. “Supreme Court will decide if women can join together to fight sexual harassment at work.” American Constitution Society .Abstract
Today, 24.7 million American workers have been forced to sign contracts that, as a condition of employment, require them to waive their rights to joining a class action lawsuit to address sexual harassment and other workplace disputes—instead these workers must act alone to resolve what is often systemic violations of employment protections. The National Labor Relations Board has determined that these arbitration agreements violate workers’ right under the National Labor Relations Act to join together for “mutual aid and protection.” Business interests—and the Trump administration—disagree. In Murphy Oil, the Supreme Court will decide whether workers have the right to come together to protect themselves from workplace issues like sexual harassment. The case could not be more relevant, or present the Justices with two more starkly divergent options.
A Narrow Preemption Exception
Sharon Block. 10/23/2017. “A Narrow Preemption Exception.” Publisher's VersionAbstract
In Airline Service Providers Association v. City of Los Angeles, the Ninth Circuit affirmed the district court’s dismissal of the contractors’ complaint, finding that the city’s contract clause was not preempted by the National Labor Relations Act, even though it clearly constituted a local government influencing the bargaining process between a private sector actor and the collective bargaining representative of its employees.  The court found such influence or interference tolerable by a municipal actor because it determined that the city was acting as a “market participant” not as a “regulator”.