UC Berkeley School of Law
The author formulates a principle, based on the Supreme Court decision in NLRB v. Magnavox, to distinguish which employee rights protected by section 7 may not be waived by unions in collective bargaining agreements. In this article, the non-waiver principle is applied to the right to strike. In the next issue, Professor Harper will address application of the principle to Board deferral to arbitration, drawing on former Board Chairman Murphy's swing vote opinion in General American Transportation Corp.
Michael C. Harper,
Union Waiver of Employee Rights Under the National Labor Relations Act
Industrial Relations Law Journal
Available at: https://scholarship.law.bu.edu/faculty_scholarship/1514