Beyond Legal Ossification: The National Labor Relations Board and Endogenous Legal Mobilization

Despite widespread perceptions of the National Labor Relations Act's (NLRA) waning relevance, recent years have witnessed a surge in charges filed with the National Labor Relations Board (NLRB). Notably, over the past decade nonunionized workers, not seeking immediate unionization, have increasingly mobilized their Section-7 right to engage in “mutual aid or protection.” Drawing on qualitative interviews and freedom-of-information-act charge data of the NLRB, this study reveals two key findings. First, some regional NLRB officials have strategically redesigned their outreach programs to target “alternative worker organizations” focusing on low-wage workers. Second, these revamped programs correlate with higher numbers of charges brought by nonunionized workers. These findings illuminate the adaptability of the political opportunity structure as officials respond to the NLRA's perceived decline by cultivating new constituencies and elucidating the law's protections for diverse organizing efforts