Fredric Fischer and Molly Eastman Published in the ABA Labor and Employment Law newsletter
"Why Labor Law Is Important for Employment Lawyers"

Ric Fischer and Molly Eastman's article, "Why Labor Law Is Important for Employment Lawyers," was published in the Summer 2009 issue of the ABA Labor and Employment Law newsletter. According to the article, many younger labor and employment lawyers view traditional labor law as "arcane, non-intuitive, and most surprisingly, sometimes just plain boring." Ric and Molly note, however, that "[m]any new employment lawyers tend to 1) incorrectly assume that traditional labor law pertains solely to unions or 2) mistakenly ignore traditional labor law when analyzing broader issues. These propensities can result in bad advice because the National Labor Relations Act (NLRA) covers employees whether they are non-union or union."

According to the article, the NLRA covers the vast majority of private employers and provides all employees with rights to organize under Section 7 of the act. They note, "Significantly, both the National Labor Relations Board (NLRB) and courts interpret Section 7 broadly and in ways not readily apparent from the statutory text." Ric and Molly explain that without knowing the basics of Section 7 and the NLRA, management-side employment lawyers may review or draft provisions in handbooks that violate the law. Additionally, employment lawyers may not be able to as effectively advocate on their clients' behalf without fully understanding this important information.

The attorneys conclude that "With respect to labor law in the union-organizing setting, the Obama administration, a Democratic Congress, and various labor organizations have pushed traditional labor law reform to the forefront. We thus expect to see more organizing activity and more litigation of Section 7 claims in coming years. Traditional labor law is poised for a period of change. Now is an excellent time to take advantage of these opportunities."