Faculty in the News
James J. Brudney Media Hits
The following is a list of selected media coverage for James J. Brudney. The links below will direct you to sites that are not affiliated with the Moritz College of Law. They are subject to change, and some may expire or require registration as time passes.
Professor James Brudney was quoted by the Arkansas Democrat-Gazette in an article about a lawsuit filed against Yarnell's Ice Cream Co. A former employee is seeking class status for the complaint, which alleges the company violated federal law by not giving 60 days' notice to employees prior to shuttering. Brudney, a labor law expert, discussed the four criteria a company must meet to be exempt from disclosure, including the reasonable belief that giving notice to workers would prevent the entity from obtaining capital. "You have to figure any bank or lender will already know you are in the kind of financial condition you¹re in," Brudney said. "You're seeking help, and they¹ll make you open your books."
Experts Say Allegations In NLRB Complaint Are An "Absolutely Standard Violation" Of Federal Labor LawsJune 20, 2011
Professor Jim Brudney was quoted in Media Matters article on the recent media coverage surrounding the Boeing case currently before the National Labor Relations Board. "Relocating work away from a plant because of too much lawful union activity would be a classic violation of 8(a)(3)" of the National Labor Relations Act, which makes it illegal for employers "to discriminat[e] in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization," Brudney said.
Professor Jim Brudney was quoted in The Street on Boeing's pending case before the National Labor Relations Board. At the hearing Tuesday, the NLRB counsel and Boeing will present evidence. The counsel must convince the judge that the charge has merit; the losing party can appeal to the five-member board. After that, if Boeing is still losing, it can appeal to a circuit court or it can wait for the labor board to seek enforcement in court, according to Ohio State University law professor James Brudney, who spoke to reporters recently during a conference call arranged by the American Constitution Society for Law and Policy, a liberal policy institute. Brudney said the case will likely drag out until 2012 or possibly 2013. Brudney said Republican members of Congress "have engaged in a series of activities or conduct that one rarely if ever encounters during an adjudicatory proceeding," pressuring NLRB officials and seeking to amend the National Labor Relations Act to immunize Boeing's conduct.
Professor Jim Brudney was quoted in an article in The Hill on Boeing's pending case before the National Labor Relations Board. “When agencies are attempting to address judicatory disputes, they are acting similarly to judges, and they should be insulated from extreme political pressures that might influence or appear to influence their decisions and undermine our basic notions of fairness or due process to the parties,” said James Brudney, an Ohio State University law professor.
Brudney, who was chief counsel and staff director of the Senate Labor subcommittee under the late Sen. Howard Metzenbaum (D-Ohio), said there is a limit to congressional oversight when it comes to pending agency decisions that GOP lawmakers are not considering.
“In the Boeing case, Republican members of both the House and the Senate, including some in leadership positions, have engaged in a series of activities or conduct that one rarely if ever encounters during a pending agency judicatory proceeding,” Brudney said.
Professor Jim Brudney was quoted in an Washington Times article about Boeing's pending case before the National Labor Relations Board. “There is a concern that [congressional pressure] could taint the case,” said James J. Brudney, a law professor at Ohio State University, part of the ACS panel.
Professor Jim Brudney was quoted in In These Times about an NLRB case involving Boeing.
Professor James J. Brudney was quoted in the New York Times in an article comparing Ohio's new law prohibiting public employees from collective bargaining to that of Wisconsin. “It’s pretty much evisceration of collective bargaining in both states,” said James Brudney, an Ohio State law professor.
Professor James J. Brudney was quoted in a New York Times article focusing on the Ohio Legislature's passing of bill that will limit public-employee unions. The article said: "But James Brudney, a labor law professor at Ohio State University, said the bill effectively crippled collective bargaining. “There’s a kind of mask or illusion element in this,” he said. “The essence of collective bargaining is when you can’t agree on terms of a contract, you have a dispute resolution mechanism, by strikes or perhaps binding arbitration. Here, you have none of that. That’s not collective bargaining. I’d call it collective begging. It’s a conversation that ends whenever an employer decides that it ends.”"
Professor Jim Brudney was quoted in a Grove City News story about Senate Bill 5. The story states: “‘It would seem as if it would give the school district a lot more power to demand certain things,’ said Jim Brudney, a professor at the Ohio State University Moritz College of Law.”
Professor Jim Brudney was recently a guest during a WOSU segment about the Ohio Senate Bill 5 and the proposed elimination of collective bargaining for government employees. Brudney stated: “There are nine states that ban collective bargaining by all state and local public employees. They face an average budget deficit of just over 16 percent. The average budget deficit for the 15 states in the District of Columbia that allow collective bargaining for all public employees is also just over 16 percent.”
Professor James Brudney was quoted in a Bureau of National Affairs story regarding a Supreme Court ruling regarding the National Labor Relations Board. The story states: “The impact of the Supreme Court's decision ‘is to jeopardize if not invalidate’ all the two-member decisions, said James Brudney, a professor at Ohio State University's Moritz College of Law. ‘That outcome runs counter to the [NLRA's] overarching purpose of promoting and maintaining stable labor-management relations,’ he said. Agreeing with the dissent, he observed that ‘the fact that a two-member Board is less than optimal from the standpoint of Congress or the NLRB itself does not mean the Court should rewrite the statute's meaning to foreclose this arrangement.’”
Professor James Brudney was quoted in a Toledo Blade story about the city of Toledo considering making employee cuts while unions are midcontract. The story states: “‘Presumably, if they go to SERB, the argument is going to be whether the exigent circumstance doctrine really is an exception,’ said Jim Brudney, law professor at the Ohio State University's Moritz college of law. ‘If it is, then what do local governments have to prove to demonstrate it? I don't think that SERB is going to say that as long as they assert it, it is. There may be contours and textures of the idea that may have to be litigated.’”
Professor James Brudney was quoted in a New York Times story about President Obama’s appointments to the National Labor Relations Board. The story states: “‘The union movement feels the board processes are not giving them a fair shake,’ said James J. Brudney, a labor law professor at Ohio State.”
Professor James Brudney was quoted in Work in Progress story about a letter sent by several academics to the National Labor Relations Board. The story states: “The letter from 66 academics was organized by Catherine Fisk of UC Irvine’s School of Law, and includes prominent labor academics like James Brudney and Lance Compa, among others. (It’s worth noting that a handful of the academics on this letter have consulted for unions or allied groups.)”
Professor James Brudney was quoted in a St. Louis Post-Dispatch story about the upcoming election in Massachusetts to replace Ted Kennedy’s U.S. Senate seat. “Ohio State University law professor James Brudney, formely chief counsel of a Senate Labor subcommittee, observed by phone that if Brown wins, ‘Democrats would have to pursue paths that are in tension with one another … It would be awkward in terms of public perception if, once he’s duly elected, there’s an effort to move a lot of legislation in the period before he is seated.’”
Professor James Brudney was quoted in a New York Times story about the National Labor Relations Board. The story states: “‘Any time you have cases pending at the board for two or three years,’ said James J. Brudney, a labor law professor at Ohio State, ‘that’s a real hardship for the litigants, particularly for people who were fired illegally and want to get reinstated or receive back pay.’”
Professor James Brudney was quoted in a Wall Street Journal article regarding The Worker Adjustment and Retraining Notification act, or WARN. The story states: "James Brudney, who helped draft the act as then-chief counsel of the Senate Subcommittee on Labor, notes the initial WARN legislation was vetoed by President Ronald Reagan. The law that eventually passed, Mr. Brudney says, had lower penalties than the original, provided a shorter notice period, raised the threshold of a mass layoff and gave the Labor Department no power to investigate possible violations."
Professor James Brudney was quoted in a Columbus Business First story about new regulations that attorneys may have to adhere during the Obama administration. The story states: “As a general proposition, the last eight years were unusually sparse in terms of regulator intervention and maintenance of existing regulatory requirements,” said James Brudney, a professor at Ohio State University’s Moritz College of Law and a labor law expert. “In areas that regulate the economy, (Obama) feels he does have a mandate. The public expects substantial progress to be made, and that won’t happen without substantial government involvement.” Accompanying the story was a Q&A with Professor Brudney. (Subscription required).
Professor James Brudney was quoted in a New York Times story about how FedEx has launched an advertising campaign criticizing UPS of taking a “government bailout” in regards to legislation that would make it easier to unionize. The story states: “But James J. Brudney, a law professor at the Moritz College of Law at the Ohio State University, said that FedEx Express’s classification was ‘a historical anomaly.’ From the workers’ point of view, it seems unfair,’ he said.”
Professor James Brudney was quoted in a story in Ohio State’s student-run newspaper, The Lantern, explaining why Ohio State will not participate in a Designated Supplies Program. “‘We all agreed it was important for the university to roll up its sleeves and participate,’ Brudney said. ‘We've been asked [to participate in DSP] because we're a significant player. This is exactly why we should play, make a serious effort to be a part of the solution. No one is saying OSU has to adopt the program. Everyone understands there are hurdles.’”
Profsesor James Brudney was quoted in a Politico.com story about the battle over the Employee Free Choice Act. The story states: “’More money for federal enforcement at the [National Labor Relations] board and Labor Department will definitely contribute to improved protections for working people. But the biggest fight is to get Congress to change the law on the labor-management relations,’ said James Brudney, a law professor at Ohio State University.”
Professor James Brudney was quoted in a Columbus Business First story about the possible revitalization of labor unions. The story states: “‘It’s a big priority within the labor movement,’ said James Brudney, a professor at Ohio State University’s Moritz College of Law who specializes in labor issues. ‘The business community is clearly very strongly opposed to it in its current form. It won’t sail through. It will be a tough battle.’”
Professor James Brudney was quoted in a Christian Science Monitor story about a sit-in at the Chicago Republic Windows & Doors plant. The story states: “Though considered a breakthrough job-security measure in its day, ‘it was criticized for not being as tough [on employers] as it should have been,’ says James Brudney, a professor at Ohio State University's Moritz College of Law, who was chief labor counsel for the Senate labor panel when it drafted WARN during the Reagan administration. Sen. Sherrod Brown (D) of Ohio is expected to introduce a bill next year to improve WARN enforcement and require more of companies preparing for layoffs.”
Professor James J. Brudney was quoted in a New York Times story regarding the United Steelworkers merging with the largest union in Britain and Ireland. The new union will now represent 2.8 million steelworkers globally, according to the report. “A labor relations expert at Ohio State University’s law school, James J. Brudney, called the merger ‘an overdue and important step considering the global nature of manufacturing.’ While it ‘is a first step toward developing a more comprehensive strategy toward globalization,’ Mr. Brudney said, ‘the challenges remain daunting.’
Professor James Brudney was quoted in the Springfield News-Sun regarding a California Nurses Association interfering in the vote of two local unions, Catholic Healthcare Partners and the Service Employees International Union. The story stated: “The agreement was similar to what unions have been attempting for about a decade — to tame the adversarial environment that plagues most campaigns, said Jim Brudney, of the Michael E. Moritz College of Law at The Ohio State University. ‘The legal apparatus to allow free elections is terribly broken,’ Brudney said. ‘Some of the tactics (used by unions and employers) are chilling.’”
Professor James Brudney was quoted in a Wall Street Journal story regarding the Supreme Court’s decision to allow an age discrimination case to proceed. The story states: “‘This is one of those situations where Justice Thomas ... may have a different view’ of how much deference the agency deserves, Mr. Brudney said. Even Justice Scalia, who joined the dissent, made clear his unhappiness with the commission's performance.”
Professor James J. Brudney was quoted in the Washington Post in a story about congressional hearing about changes to the nation’s labor laws over the past several years. The story states: “Some academic analysts say the board has become increasingly politicized in recent decades, starting with the anti-union appointments by President Ronald Reagan and continuing under President Bill Clinton, who appointed union lawyers to the board. But the latest decisions have a drawn a firestorm of criticism. ‘The act is supposed to protect the right to organize and engage in collective bargaining,’ said James J. Brudney, a law professor at Ohio State University. ‘But if the agency charged with supervising and enforcing the act is perceived as part of the problem and not the solution, then that's a dangerous development for the future of the agency.’”
Professor James J. Brudney was quoted in an Employment Law 360 story regarding Sidley Austin LLP agreeing to pay $27.5 million to end an ageism suit. "James J. Brudney, an employment professor for the Michael E. Moritz College of Law at Ohio State University, said there was already pressure growing within the legal community to 'modify if not abandon' mandatory retirement practices at law firms. He said the policies are in place for firms that feel a need to provide more opportunities for younger lawyers and to avoid the discomfort of making individual decisions about the performance of senior colleagues. 'But by forcing out older lawyers en masse, they lose the services of many who remain productive and successful. That sacrifices important firm assets and risks foregoing future income streams,' Brudney said. 'The Sidley Austin case suggests it also may result in litigation that is expensive and reputationally harmful.'"
Professor James Brudney was quoted in a Toledo Blade follow-up story regarding a federal law that requires employers to give notice to their workers if they are going to lose their jobs. The story detailed a bill that was presented in the U.S. Senate to fill loopholes in the law. "This was a powerful issue in the 1980s and it remains powerful today, notwithstanding an economy in which a certain number of people are very well off. There are a lot of people in the middle and working classes who are at risk of sudden, unexpected loss of jobs on a large scale," said Mr. Brudney, who was chief counsel for the Senate subcommittee on labor from 1987 to 1992.
Professor James Brudney was quoted in a Toledo Blade story regarding loopholes discovered in a federal law that requires employers to give notice to their workers if they are going to lose their jobs. Many of the loopholes were created by compromises made by members of Congress to get the bill passed, the story said. “In cutting back enough to obtain a veto-proof margin, we obviously weakened the bill considerably,” said James Brudney, a law professor at Ohio State University who was chief counsel for the U.S. Senate subcommittee on labor from 1987 to 1992.
Professor James Brudney was quoted in the New York Times regarding a 5-4 the Supreme Court decision in which the court held that workers generally lose their right to sue for pay discrimination unless they file charges within 180 days of a specific event, like a boss giving a worker a smaller raise because of her sex. Establishing a pattern of discrimination over several years will no longer be possible. “Unless they notice it on the first paycheck or a recent paycheck, they’re going to be in trouble,” said James Brudney, a professor of labor and employment law at Ohio State University.
Professor James J. Brudney's Opinion Editorial on the need to overhaul the laws and regulations regarding the formation of labor unions ran in today's Columbus Dispatch.
Professor James J. Brudney was quoted in The Oregonian on recent actions by the National Labor Relations Board against a local union. The federal labor officials forced one of Oregon's most active labor groups to suspend many of its organizing efforts for six months, as part of a legal settlement with a Portland worker who accused the union of violating labor laws. The settlement highlights the National Labor Relations Board's efforts to exert more control over "card-check" agreements, in which employers may voluntarily recognize a union if a majority of employees sign cards authorizing representation. "The board is taking a hard look at anything that seems to threaten its election-based approach," said Brudney in the article.
In this New York Times story on an Ohio Supreme Court ruling that upheld a KFC franchise's petition to deny workers' compensation payments to a teenage boy who was severely burned while cleaning a pressure cooker, raising questions from lawyers and the dissenting judges about the basic no-fault tenet of the state’s workers' compensation, Professor James J. Brudney said the decision could upset a balance struck by workers' compensation laws, which offer workers payments without assessing blame and generally preclude an injured worker from suing his employer.
Professor James J. Brudney is quoted in this Seattle Post-Intelligencer story on the lack of competitive House races in Michigan. The Supreme Court has restricted states from drawing districts that dilute the influence of minority voters, but states have a lot of freedom to gerrymander based on politics, said Brudney. "What the parties are doing to privilege themselves and to privilege incumbents is something that the court has been singularly unwilling to interfere with." Also see Partisan districting makes Congress takeover tougher in The China Post.
In this New York Times article about the length of time the U.S. Supreme Court has remained unchanged, Professor James J. Brudney said that "one of the beauties of the court is that it has to shape itself around a set of facts in each case."
In a New York Times story about the March 30 decision by the U.S. Supreme Court that allows workers to sue for discrimination, even though the discrimination wasn't intentional, Professor James J. Brudney said the decision left important questions to be addressed in future cases, such as whether cost-saving can be accepted as a reasonable justification for a policy that falls more harshly on older workers. This story also appeared in the San Jose Mercury News, the Deseret News, the Ledger, The Day, the Los Angeles Daily News, the Houston Chronicle and the Lexington Herald-Leader.
In a Seattle Post-Intelligencer story about the March 30 decision by the U.S. Supreme Court that allows workers over 40 to file age-bias claims, even if the employer didn't mean harm, Professor James J. Brudney said that the decision was surprising given the trend toward foreclosing what are known as "disparate impact" claims.
In the Cleveland Plain Dealer, Professor James J. Brudney discussed neutrality agreements.