Constructing a Litigation Strategy to Take Back the Workers' Law.

This paper builds on the ideas described in Ellen Dannin, Taking Back the Workers' Law - How to Fight the Assault on Labor Rights (Cornell University Press 2006). The book calls for labor to borrow from the strategy mapped out by the NAACP Legal Defense Fund in the early 1930's to eradicate legalized racial discrimination. This book lays out a long-term litigation strategy designed to overturn the cases that have undermined the NLRA and frustrated its policies. As with the NAACP, this strategy must take place in a context of social activism to promote the NLRA policies of social and industrial democracy, solidarity, justice, and worker empowerment. The paper contends that only by promoting these core purposes of the NLRA can unions survive - and even thrive. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]