Marquette Law Review
Professor Kenneth G. Dau-Schmidt, in his keynote address in this Symposium, Promoting Employee Voice in the American Economy: A Call for Comprehensive Reform, 1 joins a chorus of other scholars when he identifies a lack of employee voice in the workplace as a fundamental deficiency of contemporary American labor relations and recommends initiatives to remedy the problem. 2 Today's scholarly critiques and proposals directed at the problem of employee voice echo a flurry of commentaries that appeared in the late 1980s and early 1990s. These earlier critics bemoaned the absence of employee workplace voice, viewed Section 8(a)(2) of the National Labor Relations Act (NLRA) 3 as a barrier to that voice, and, as a remedy, sought reinterpretation 4 or revision 5 of the provision. Those efforts failed. Today, the text of Section 8(a)(2) still remains unchanged from when the NLRA was enacted in 1935, making it an unfair labor practice for an employer:
Laura J. Cooper, Letting the Puppets Speak: Employee Voice in the Legislative History of the Wagner Act, 94 Marq. L. Rev. 837 (2011), available at https://scholarship.law.umn.edu/faculty_articles/314.