Article:
Paul Barron, A Theory Of Protected Employer Rights: A Revisionist Analysis Of The Supreme Court’s Interpretation Of The National Labor Relations Act, 59 Texas L. Rev. 3 (1981).
 

Abstract:
Professor Barron’s article addresses the manner in which the Supreme Court has restricted the seemingly substantial protections afforded to workers by section 7 of the 1935 National Labor Relations Act (NRLA), commonly known as the Wagner Act. Although the Wagner Act was intended to serve as a direct Congressional response to the perceived inability of the worker in the American workplace to contend with management’s complete freedom to control the workplace, the Supreme Court effectively re-affirmed that traditional power of employers in four basic decisions interpreting the Act. Barron begins by setting out the first primary limitations upon section 7 of the Wagner Act, both to provide necessary background and to differentiate the restrictions from the concept of protected employer rights. He then considers in detail the core elements of protected employer rights. Finally, he presents possible rationales for the concept of protected employer rights and identifies the most useful one.