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...Malin won't get a decision at the trial's end, either. The parties involved have 35 days, plus possible extensions, after the trial finishes to file briefs supporting their positions. The administrative law judge then takes the case under advisement, and usually issues his decision within a year or two. The decision then goes to the five members of the NLRB in Washington, D.C., who can either affirm, amend, or send the decision back for reconsideration and further proceedings. The NLRB decision can then be appealed, adding further delays. It is not self-enforcing; the NLRB must file...

Author: By David Lawrence, | Title: Speaking Out on the Job | 4/17/1980 | See Source »

...Malin should get an enforced decision, the maximum possible remedy would be reinstatement and full back pay plus about 12 per cent interest. There are no punitive damages. But any income Malin receives in the interim is deducted from the settlement...

Author: By David Lawrence, | Title: Speaking Out on the Job | 4/17/1980 | See Source »

...then, does someone like Laurence Malin--who could have done other things with his time--spend several years struggling with McLean? Malin, who is working on a book on world human rights based partially on his extensive travels, finds it "an unacceptable anomaly that while we condemn the authoritarian countries of the world for their repression of speech--Sakharov and the others--we allow a similar repression of speech in America's workplaces...

Author: By David Lawrence, | Title: Speaking Out on the Job | 4/17/1980 | See Source »

...Malin speculates that it may "add a bit of freedom and cause some people to think more about how at least one workplace can be improved." He also hopes to expose the ineffectiveness of the NLRB bureaucracy in protecting workers' statutory rights...

Author: By David Lawrence, | Title: Speaking Out on the Job | 4/17/1980 | See Source »

...Malin wastes little time speculating on the long-range implications of his work. This week, he began another case--this time against the NLRB...

Author: By David Lawrence, | Title: Speaking Out on the Job | 4/17/1980 | See Source »

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