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Conflicting Statutory Purposes: Another Look at Fifty Years of NLRB Law Making

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  • James A. Gross

Abstract

The author describes how in 1947 Congress incorporated two conflicting statements of purpose in Taft-Hartley: a restatement of the Wagner Act's policy of encouraging collective bargaining, and a new statement stressing the rights of individual employees and making no mention of collective bargaining. As a result, the author argues, both liberal and conservative Boards can justify their policies by choosing between the Taft-Hartley Act's inconsistent statements of intent. The author's analysis draws on the language and histories of the Wagner and Taft-Hartley Acts, the comments of seven former chairmen of the NLRB who attended a conference at Cornell commemorating the 50th anniversary of the Board and the Wagner Act, interviews with several of those chairmen, and writings by former chairmen.

Suggested Citation

  • James A. Gross, 1985. "Conflicting Statutory Purposes: Another Look at Fifty Years of NLRB Law Making," ILR Review, Cornell University, ILR School, vol. 39(1), pages 7-18, October.
    • Handle: RePEc:sae:ilrrev:v:39:y:1985:i:1:p:7-18
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    Cited by:

    1. Jack Fiorito & Cheryl L. Maranto, 1987. "The Contemporary Decline Of Union Strength," Contemporary Economic Policy, Western Economic Association International, vol. 5(4), pages 12-27, October.

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