Daniel Johns was quoted in Law360 discussing how the NLRB will have a symbolic impact on the labor movement in 2021. "The underlying legal issue goes throughout all of labor law — when is speech speech and when does speech become action. Federal labor law can't make speech illegal," he said. "Scabby the Rat has been a significant tool for unions," he added. "Taking that out of the toolbelt shifts the power more toward the employer." The core issue is whether the unions relied in good faith on state laws that they believed to be legal before the Janus decision was handed down. "There is certainly an argument to that effect," he said. "But if the Supreme Court ruled that it's appropriate to pay back those fees, then that could open a number of clawback suits."
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