This casebook is designed for an intensive examination of the union-management relationship throughout its major phases. The representative labor union and the collective bargaining process as it has evolved in this country are given center stage. Generally, the chronology of organizing, bargaining, and contract enforcement is followed, with a review of the law regulating internal union affairs. As in the past, the authors have tried to respond generously to the most significant current developments in the field while simultaneously providing a set of materials that will be truly manageable in the usual three- or four-hour course.
This well-organized and comprehensive text covers the historical development of labor organizations, the statutory right of employees to form, join, and assist unions, to organize for collective bargaining purposes, to use the bargaining process to influence their wages, hours, and working conditions, and to administer existing bargaining agreements. It also covers the union duty of fair representation and the regulation of internal union affairs. The authors also include NLRA and LMRA preemption and antitrust exemptions because of their continuing relevance.
The Teacher's Manual (available only to professors) indicates how basic material can be covered, with a range of pedagogical suggestions as well as discussion and references to supplemental materials intended to enrich the course for professor and student. This Teacher¿s Manual includes answers to questions posed in the Note material, suggestions for directing class discussion, coverage recommendations for the three-hour, four-hour, or advanced Labor Law course, and sample syllabi and a questionnaire checklist (with answers) to help you streamline coverage. The authors also include a negotiation exercise, demonstrating to students how difficult it can be for the Labor Board to regulate the actual collective bargaining process. The authors have also prepared a statutory and documents supplement, Labor Relations Law: Selected Federal Statutes and Sample Bargaining Agreement, 2005 edition.
Biennial supplements will be provided to keep the casebook coverage current.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
PART ONE HISTORICAL BACKGROUND AND INTRODUCTION . . . . 1
SECTION I HISTORICAL BACKGROUND . . . . 1
A. The Pre-Civil War Period . . . . 1
B. The Post-Civil War Era . . . . 4
C. The Period Since 1933 . . . . 12
SECTION II INTRODUCTORY MATERIALS . . . . 25
A. Coverage of the National Labor Relations Act . . . 25
B. Organization and Procedure of the National Labor Relations Board . .
. . 35
C. NLRB Rule-Making Authority . . . . 38
PART TWO ORGANIZATION AND REPRESENTATION OF EMPLOYEES . . . . 41
SECTION I THE RIGHT OF SELF-ORANIZATION; PROTECTION AGAINST EMPLOYER
UNFAIR LABOR PRACTICES . . . . 43
A. Employer Interference, Restraint, or Coercion . . . . 43
B. Employer Domination or Support . . . . 87
C. Employer Discrimination . . . . 96
SECTION II REPRESENTATION QUESTIONS . . . . 217
A. Establishing Representative Status Through NLRB Elections . . . .
217
B. Establishing Representative Status Through Unfair Labor Practice
Proceedings . . . . 254
C. Duration of the Duty to Bargain . . . . 274
PART THREE UNION COLLECTIVE ACTION . . . . 297
SECTION I INTRODUCTION . . . . 299
A. Collective Action at Common Law . . . . 299
B. Anti-Injunction Statutes . . . . 300
SECTION II CONSTITUTIONAL PROTECTION . . . . 303
SECTION III PICKETING AND UNION DISCIPLINE . . . . 312
A. Regulation of Coercive Methods in Picketing . . . . 312
B. Union Fines and Discipline as Coercion . . . . 320
C. Organizational and Recognition Picketing . . . . 343
SECTION IV SECONDARY PRESSURE . . . . 361
A. Primary-Secondary Distinction . . . . 365
B. Common Situs Problems . . . . 368
C. The Ally Doctrine . . . . 394
D. Consumer Picketing . . . . 399
E. Threats and Coercion of Secondary Employers . . . . 407
F. Hot Cargo Agreements . . . . 416
G. Damages for Unlawful Secondary Activity . . . . 433
SECTION V JURISDICTIONAL DISPUTES . . . . 435
SECTION VI "FEATHERBEDDING" . . . . 438
SECTION VII EMERGENCY DISPUTES . . . . 441
A. Introduction . . . . 441
B. National Emergency Strikes Under the LMRA . . . . 441
C. Emergency Railroad and Airline Disputes . . . . 443
SECTION VIII NATIONAL LABOR RELATIONS ACT PREEMPTION . . . . 444
PART FOUR COLLECTIVE BARGAINING . . . . 479
SECTION I THE DUTY TO BARGAIN COLLECTIVELY . . . . 483
A. Exclusive Representation and Majority Rule . . . . 483
B. The Nature of the Duty to Bargain . . . . 494
C. The Subject Matter of Collective Bargaining . . . . 556
D. The Duty to Bargain During a Contract's Term . . . . 595
SECTION II THE IMPACT OF THE ANTITRUST LAWS . . . . 605
SECTION III THE ENFORCEMENT OF THE COLLECTIVE AGREEMENT . . . . 661
A. The Legal Status of the Collective Agreement . . . . 661
B. The Enforcement of the Collective Agreement Through the Grievance
Procedure and Arbitration . . . . 664
C. Judicial Enforcement of the Collective Agreement . . . . 671
D. Contract Rights and Statutory Rights - Overlapping Law and Forums . .
. . 732
E. Successor Employers' Contractual and Bargaining Obligations . . . .
795
SECTION IV FAIR REPRESENTATION AND INDIVIDUAL CONTRACT RIGHTS . . . .
822
A. Judicial Enforcement of Fair Representation . . . . 823
B. Unfair Representation as an Unfair Labor Practice . . . . 848
C. Union Representation and Anti-Discrimination . . . . 853
PART FIVE CRITIQUES AND PROPOSALS FOR LABOR LAW REFORM . . . . 871
SECTION I REASONS FOR LABOR'S DECLINE . . . . 871
SECTION II THE SCOPE OF NLRA COVERAGE AND THE MODERN WORKFORCE . . .
. 876
A. Contingent Workers . . . . 876
B. Professional Employees . . . . 878
SECTION III RESTRICTED ACCESS TO EMPLOYER PROPERTY . . . . 881
SECTION IV THE ELECTION MODEL OF UNION CERTIFICATION . . . . 888
A. Employer Resistance to Unionization and Collective Bargaining . . . .
888
B. NLRA Remedies For Discrimination in Union Organizing Drives . . . .
899
SECTION V ECONOMIC WEAPONS . . . . 903
A. The Mackay Radio Doctrine . . . . 903
B. Restrictions of Secondary Pressure . . . . 907
SECTION VI THE REPRESENTATION GAP AND EMPLOYEE VOICE AT WORK . . . .
911
A. Section 8(a)(2) and Employee Involvement Programs . . . . 912
B. The Exclusivity and Majority Rule Doctrines as Barriers to Voice . .
. . 917
SECTION VII THE BARGAINING PROCESS . . . . 923
PART SIX INTERNAL UNION AFFAIRS . . . . 929
SECTION I THE LEGAL STATUS OF UNIONS . . . . 931
A. The Legal Basis for Judicial Intervention in the Internal Affairs of
Unions . . . . 931
B. Suits by and Against Unions . . . . 933
SECTION II THE CIVIL LIBERTIES OF MEMBERS . . . . 935
A. The Right of Admission . . . . 937
B. General Scope and Coverage of the LMRDA . . . . 941
C. Equal Rights to Nominate Candidates, Vote, and Attend Meetings: '
101(a)(1) . . . . 950
D. Free Speech and Political Action: ' 101(a)(2) . . . . 952
E. Financial Exactions: ' 101(a)(3) . . . . 968
F. The Right To Sue; Exhaustion of Intraunion Remedies: ' 101(a)(4) . .
. . 969
G. Procedural Due Process: ' 101(a)(5) . . . . 972
SECTION III UNION ADMINISTRATION . . . . 979
A. Election of Officers . . . . 981
B. Fiduciary Duties of Officers . . . . 995
C. Reporting and Disclosure . . . . 1001
D. Trusteeships; Parent-Local Relations . . . . 1005
SECTION IV UNIONS AND THE PUBLIC . . . . 1009
A. The Regulation of Racketeering and Communist Activity . . . . 1009
B. Union Political Action . . . . 1011
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