Shaping Judicial Law in the Post‐World War II Period: When Is Labor's Legal Mobilization Successful?1

Abstract

We examine the circumstances in which labor is successful in the federal appellate courts when it has filed unfair labor practice charges against employers. We specifically focus on legal disputes concerning union organizing. Few studies have examined the role of class dynamics in shaping judicial law, even when labor law is studied. We find evidence that two strategies used by class actors influence judicial lawmaking. The greater the degree to which workers mobilize the law, the more likely they are to win union organizing cases in the federal courts. However, the greater the degree to which employers are organizationally mobilized, the less likely it is that judicial outcomes will favor labor. We also find that legal precedent matters in judicial decision making. We conclude that class dynamics are important in judicial lawmaking. However, we also conclude that, to a degree, judicial decisions also remain autonomous from class dynamics.

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