SHAPING JUDICIAL LAW IN THE POST-WORLD-WAR-II PERIOD - WHEN IS LABORSLEGAL MOBILIZATION SUCCESSFUL

We examine the circumstances in which labor is successful in the feder al appellate courts when it has filed unfair labor practice charges ag ainst employers. We specifically focus on legal disputes concerning un ion organizing. Few studies have examined the role of class dynamics i n shaping judicial law, even when labor law is studied. We find eviden ce that two strategies used by class actors influence judicial lawmaki ng. The greater the degree to which workers mobilize the law, the more likely they are to win union organizing cases in the federal courts. However, the greater the degree to which employers are organizationall y mobilized, the less likely it is that judicial outcomes will favor l abor. We also find that legal precedent matters in judicial decision m aking. We conclude that class dynamics are important in judicial lawma king. However, vie also conclude that, to a degree, judicial decisions also remain autonomous from class dynamics.