Marion Crain

Contract employees and other temporary workers will be able to bargain more effectively with the business entity that controls their working conditions and wages after an Aug. 27 decision by the National Labor Relations Board. The ruling signals a shift toward a more realistic and fact-dependant analysis of the evolving nature of employment in the modern labor market, said noted Washington University in St. Louis labor law expert Marion Crain.

With the “Right to Work” movement growing in Wisconsin and other states, a majority of states may soon bar employees and unions from negotiating agreements that require non-members to contribute to the costs of representing them. For unions to survive and thrive, at least two significant changes are necessary, argues Marion Crain, JD, vice provost and the Wiley B. Rutledge Professor of Law at Washington University in St. Louis.

While political and judicial rhetoric around unions has softened in recent years, images of the past still haunt labor, argue two Washington University in St. Louis researchers. In “Re-Assembling Labor,” published online Nov. 5 in Social Science Research Network, the authors seek to draw the lessons of assembly into contemporary labor law — to re-assemble labor law around the theory and doctrine of assembly that formed its early core.

For Marion Crain, JD, vice provost and the Wiley B. Rutledge Professor of Law at Washington University in St. Louis, the power of collaboration is at the center of everything she does, from her teaching and scholarship to showing dogs and raising sheep.

Interdisciplinary faculty collaboration is fast becoming a hallmark of Washington University in St. Louis. To help support interdisciplinary teaching, the Office of the Provost announces the second round of the Interdisciplinary Teaching Grant Program. The application deadline for the teaching grants is December 1. In order to assist prospective applicants in putting together proposals, the Provost will hold a workshop from 3:30-5 p.m. in DUC 234 on October 23 facilitated by faculty who were successful in the previous round. Please RSVP for the workshop to Marion G. Crain, JD, the Wiley B. Rutledge Professor of Law and vice provost at WUSTL, at mgcrain@wulaw.wustl.edu.

Workers pour sweat, blood and even dollars into the firms that employ them, especially in a labor market characterized by employment and retirement insecurity, says Marion Crain, JD, expert on labor and employment law and professor of law at Washington University in St. Louis. “Work can shape one’s life in ways that run to the core of identity,” she says. “Work law, however, ignores these realities of interdependence and mutual investment, committing itself to a model of employment as an arm’s length, impersonal cash-for-labor transaction.” Crain suggests looking at other legal models such as marriage law to more accurately respond to the realities of the employment relationship, particularly at termination. 

Marion G. Crain, JD, the Wiley B. Rutledge Professor of Law and a Faculty Fellow in the Office of the Provost at Washington University in St. Louis, has been named vice provost, announced Edward S. Macias, PhD, provost, executive vice chancellor for academic affairs and the Barbara and David Thomas Distinguished Professor in Arts & Sciences.

Labor Day may celebrate the historical contributions of the American labor movement, but the future of the movement is in question. “Unions are under siege,” says labor and employment law expert Marion Crain, JD, the Wiley B. Rutledge Professor of Law at Washington University in St. Louis. “In the public sector, governors seeking to slash budgets are de-authorizing state labor laws that govern the organizing and bargaining rights of state employees. In the private sector, both the federal legislation that supports union action and the administrative body that enforces the law are under attack. Union density is on a dramatic downswing.” At the same time, wage inequality has not been higher since the Great Depression.

Wisconsin Gov. Scott Walker’s move to strip or significantly narrow his state’s public-sector workers’ collective bargaining rights has significant implications for all unionized workers, both in the public and private sector, says Marion Crain, JD, the Wiley B. Rutledge Professor of Law at Washington University in St. Louis and director of the Center for the Interdisciplinary Study of Work & Social Capital.