2min chapter

Strict Scrutiny cover image

"Not That Bad" is Still Bad!

Strict Scrutiny

CHAPTER

The NLRB's Role in the Right to Strike

This case has the potential to be an existential threat to labor by curbing the right to strike. The whole point of a strike is not to make it more convenient or easy for the employer, Justice Kagan said in a recent speech. And then there is that second institutional question about who decides whether the union was lawfully exercising the right to striking.

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