Statement of William B. Gould IV Before the Commission on the Future of Worker-Management Relations

Testimony_Gould_092994.pdf: 255 downloads, before Oct. 1, 2020

The Employee Free Choice Act of 2009, Labor Law Reform, and What Can Be Done About the Broken System of Labor-Management Relations Law in the United States

This Article reviews the Employee Free Choice Act and proposes expedited elections as well as other proposal

Memorial to William R. Stewart

This Memorial is based on remarks delivered at Arlington National Cemetery, February 27, 2004

The Burger Court and Labor Law: The Beat Goes On--Marcato

This Article analyzes many of the major labor law decisions of the Burger Court and their impact on organized labor. The author compares the Court\u27s methodology with that of the Warren Court and asserts that the Burger Court has, in many instances, simply expanded on themes developed by its predecessor. The author further discusses areas in which the Burger Court has broken new ground and concludes that the Burger Court has accelerated the pendulum against the interests of organized labor

Memorial to William R. Stewart

This Memorial is based on remarks delivered at Arlington National Cemetery, February 27, 2004

Dynamex Is Dynamite, but Epic Systems Is Its Foil – Chamber of Commerce: The Sleeper in the Trilogy

This Article examines the concept of the independent contractor classification – a characterization at issue in early litigation involving the question of whether particular workers are employees or independent contractors. It describes the early cases arising in transportation, including over-the-road trucking, the taxi-cab industry, and package delivery companies like Federal Express (“FedEx”). The Article takes the position that the concept of flexibility, frequently used by employers to classify or reclassify employees as independent contractors, is a false justification for determining that employees are independent contractors. It also takes the position that engaging in part-time work for numerous employers is consistent with a finding of an employment relationship. The Article focuses upon a “trilogy of cases,” beginning with the Supreme Court of California’s unanimous, landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, which established a presumption in favor of employee status – a holding that has provoked considerable resistance from the business community

William B. Gould IV, Chairman, National Labor Relations Board; Statement in Response to Dunlop Commission Report

Press_Release_Gould_010995.pdf: 128 downloads, before Oct. 1, 2020

A Century and Half Century of Advance and Retreat: The Ebbs and Flows of Workplace Democracy

(Excerpt) Unions and collective bargaining are not dinosaurs in 2011 as some would wish. The broad trend of these past 200 years, let alone 150, in the political arena suggests that democratic principles in the workplace are not easily eviscerated. This then is our challenge. It is not a new challenge, though the past 150 years since our Civil War have produced institutions and dynamics of which we did not think of just a few years ago— representative democracy, freedom of association, and a quest for equality. Next year is tomorrow. In a very different form, this is what WBG wrote of when he spoke of the “holiest of all causes,” the cause of “Right and Equality” during some of the most difficult days of our Civil War

A Century and Half Century of Advance and Retreat: The Ebbs and Flows of Workplace Democracy

(Excerpt) Unions and collective bargaining are not dinosaurs in 2011 as some would wish. The broad trend of these past 200 years, let alone 150, in the political arena suggests that democratic principles in the workplace are not easily eviscerated. This then is our challenge. It is not a new challenge, though the past 150 years since our Civil War have produced institutions and dynamics of which we did not think of just a few years ago— representative democracy, freedom of association, and a quest for equality. Next year is tomorrow. In a very different form, this is what WBG wrote of when he spoke of the “holiest of all causes,” the cause of “Right and Equality” during some of the most difficult days of our Civil War