Ariana R. Levinson

Applies social movement theory to five historical examples of establishing worker-owned cooperatives in the United States.  It describes the resulting insights, such as the importance of leader education and access to resources, for those wishing to establish such cooperatives and mentions potential legal reforms that would assist those establishing worker-owned cooperatives.

Explains that local right-to-work ordinances, which purport to make it unlawful for a union to receive payment for its services from those it represents, are prohibited by federal law.  Because of this, passing such ordinances is not a good use of tax-payer funds or local officials’ time.

Explains how the National Labor Relations Board has properly applied long-standing legal concepts to protect workers who seek to improve their working conditions through discussions on social media.  It suggests that some minor changes to its rulings involving social media would make the Board’s position even stronger.

Summarizes the Board’s decisions and guidance about employees’ use of social media and employer policies regulating the use of social media. It then discusses four simple clarifications that the Board should make in future decisions in order to make its regulation easier for employers and employees to understand and follow.

Examines 160 labor arbitration opinions and awards in employment-discrimination cases and concludes that labor arbitration is an appropriate way to resolve employment-discrimination claims.  The article acknowledges that targeted legislation to ensure the protection of employees’ rights might further insure that labor arbitration effectively resolves employment-discrimination claims.

Proposes a cohesive interpretation of the Electronic Communications Privacy Act that courts should adopt to protect employees’ basic right to privacy in their electronic communications.