Supreme Court, Labor Law and the Deskilling of Teaching
The strike is labor's most powerful weapon. It is the most direct and forceful way to pressure employers to cede to workers’ demands. Strikes have become increasingly rare over the past few decades, mostly because of unions’ increasingly dependence on political action (e.g., lobbying, voting as a block, financing campaigns). However, there have been several laws and Supreme Court decisions that have limited when and how strikes could be undertaken or that increased the risks to workers.
In 1938, the Supreme Court ruled in NLRB v. Mackay Radio (NLRB is the National Labor Relations Board) that employers had the legal right to permanently “replace” striking workers. According to a recent piece in Truth Out, there was nothing in the National Labor Relations Act (NLRA) of 1934 (nor any other law) that gave employers this right. Rather, the court just figured
