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2min chapter
"Not That Bad" is Still Bad!
Strict Scrutiny
The KBJ's Dilemma
The court's odd disposition of this case is also really powerful because it is a full throated defense of the right to strike. Workers are not indentured servants bound to continuing laboring until any planned work stoppage would be as painless as possible for their master. They are employees whose collective and peaceful decision to withhold their labor is protected by the NLRA, even if economic injury results. The majority tries its own hand at applying the board's decision to a relatively novel scenario that poses difficult line drawing questions.
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