Courts Should Not Exempt Labor Law From US Constitution

Law360 (December 3, 2020, 12:32 PM EST) -- Labor-management relations are highly regulated, and have been for decades. There's new hope, however, that rather than more regulation, both sides of the employment relationship will simply receive something the rest of us enjoy: the U.S. Constitution.

Labor law is an odd alternative universe where individual rights often do not apply. Partly through an effort to "fix" the perceived bargaining power of management, but also partly through prejudice against union members as thuggish, tight-lipped goons, courts have given both labor and management exemptions from the normal rules of the Constitution.

Through overlapping federal, state and local legislation and regulation, governments have...

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