National Labor Relations Board v. Jones and Laughlin Steel Corp.

2017 ◽  
Vol 62 (1) ◽  
Author(s):  
Pietro Manzella ◽  
Karl Koch

AbstractThis paper examines one consequence of the increasingly multilingual and multicultural labor market, resulting from migratory flows caused in part by globalization. It focuses on selected legal and translation issues in labor relations arising from misinterpretations and cultural disparities in communication between different languages and cultures. It draws on decisions of the United States National Labor Relations Board (NLRB), where there were misleading and ambiguous translations. It employs a theoretical approach based on concepts from cross-cultural management, including cultural theory, and thereby expands the discipline of Translation Studies. The findings suggest that an understanding of the cultural content, particularly in the practice of intercultural management, is imperative. The paper concludes that a systematic methodology linking culture and language in labor relations should be adopted.


2021 ◽  
Author(s):  
Richard J. Hunter ◽  
Hector R. Lozada ◽  
John H. Shannon

This article is a summary discussion of the main issues faced by faculty at private, often church-sponsored, universities who sought to be represented by a union in collective bargaining with their employers. The discussion begins by tracing the origins of the rule that faculty at private universities are managers and not employees under the aegis of the National Relations Act in the Supreme Court case of Yeshiva University. The summary then follows developments over the years up to the most recent decision of the National Labor Relations Board that sanctioned the efforts of adjunct professors at Elon University to seek union representation. In examining these two book-end cases, the article discusses issues relating to the effect of the religion clauses of the First Amendment in the context of the National Labor Relations Board’s shifting views on the topic. Last, the authors discuss unionization in the context of church-sponsored colleges and universities. Is it now time for the Supreme Court to review its seminal decision in Yeshiva University and for church-sponsored colleges and universities to rethink their positions as well?


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