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Simple English definitions for legal terms
White model
Read a random definition: forum externum
A quick definition of White model:
The White Model is a way to figure out if a union member's state-law claim against their employer is stopped by federal law. It looks at whether state law allows the claim to be waived by a private contract. If the claim can be waived, it is called negotiable, and it is stopped by federal law. If the claim cannot be waived, it is called nonnegotiable, and it is only stopped by federal law if it needs an interpretation of the collective-bargaining agreement. The White Model is named after the person who wrote about it in a law-review article.
A more thorough explanation:
The White Model is a method used in labor law to determine whether a union member's state-law claim against their employer is preempted by federal law. This is done by examining whether state law allows the claim to be waived by a private contract.
For example, if a union member has a state-law retaliatory-discharge claim against their employer, the White Model would examine whether state law allows this claim to be waived by a private contract. If it does, then the claim is considered negotiable and is therefore preempted by federal law. If it is not waivable by private contract, then the claim is considered nonnegotiable and may not be preempted by federal law unless its resolution requires an interpretation of the collective-bargaining agreement.
The White Model is named after Rebecca Homer White, who proposed it in a law-review article in 1990.
Overall, the White Model is used to determine whether a state-law claim can be brought against an employer without violating federal law.