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9 Indus. Rel. L.J. 339 (1987)


Union hiring halls provide the essential service of referring qualified job applicants to immediate job opportunities in many industries. Unfortunately, opportunities sometimes exist for union leaders to abuse hiring hall mechanisms by manipulating applicant referrals to favor friends and disfavor political enemies. The author discusses hiring hall mechanisms and opportunities for their abuse as well as the prevailing legal theories under which abusive practices may be combatted. She first focuses on NLRA provisions which forbid union conduct causing a person to be discriminated against in employment. She then discusses LMRDA provisions protecting union members' internal union political conduct. She argues that suppression of internal union democracy is often at the basis of hiring hall abuse and concludes that the LMRDA provisions will usually be more suited to accomplishing the litigant's goal of restoring democratic procedures within the union.


Reprinted with permission of Berkeley Journal of Employment and Labor Law (previously Industrial Relations Law Journal).



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