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The article examines the Midwest Piping doctrine of employer neutrality in the context of recent NLRB decisions which reinterpret it.The authors begin by discussing the doctrine and its historical development.They identify various flaws in the pre-1982 articulation and implementation of doctrine which account for the reluctance of courts during this period to enforce NLRB orders issued in accordance with the doctrine.They argue that in the NLRB's 1982 modification of the doctrine in Bruckner Nursing Home and RCA Del Caribe, Inc., the agency has responsibly responded to the academic and judicial criticism of its employer neutrality rules; the recast Midwest Piping doctrine, in their view, now deserves judicial acceptance.
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