Labor Relations Law: Cases and Materials, Fourteenth Edition

Description

This comprehensive casebook is designed for an intensive examination of the union\-management relationship throughout its major phases. Largely tracking the organization of the National Labor Relations Act, it covers the right of employees to join together for organizational purposes, the regulation of the union\-organizing process including the use of economic weapons, the development of bargaining relationships, the negotiation and enforcement of collective agreements, and, more briefly, the law governing internal union affairs. The text responds 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 courses. The fourteenth edition also includes over sixty new hypothetical problems designed to test students’ knowledge of existing doctrines and push them to explore issues that don’t admit of ready answers. As with previous editions, the book will be supplemented with a comprehensive teacher’s manual and a biennial supplement to keep the book up\-to\-date. Contents Preface Preface to the ­Fourteenth Edition Part 1 Introduction and Historical Background Union Relevance in the 21st ­Century Charles B. Craver, Why ­Labor Unions Must (and Can) Survive Marion Crain & Ken Matheny, ­Labor’s Identity Crisis Section I. Historical Background A. The Pre-­Civil War Period 1. Early Development of ­Labor Unions 2. The “Criminal Conspiracy” Doctrine Philadelphia Cordwainers’ Case [Commonwealth v. Pullis] B. The Post-­Civil War Era 1. The Growth of National Unions and ­Labor Unrest 2. Judicial Reaction and the ­Labor Injunction 3. ­Labor Unions from 1900 to 1933 C. The Period Since 1933 1. The Initial New Deal ­Labor Policies 2. The National ­Labor Relations Act (Wagner Act), 1935 3. Union Growth ­under the Wagner Act: The CIO and Industrial Unions 4. The ­Labor Management Relations Act (Taft-­Hartley Act), 1947 5. The Labor-­Management Reporting and Disclosure Act (Landrum-­Griffin Act), 1959 6. Or­ga­nized ­Labor from the 1970s to the Pre­sent Steven Green­house, Beaten Down, Worked Up: The Past, Pre­sent, and ­Future of American ­Labor Robert B. Reich, Saving Capitalism Section II. Introductory Materials A. Coverage of the National ­Labor Relations Act 1. Scope of the Concept “Affecting Commerce” 2. NLRB Exercise of Its Jurisdiction NLRB, A Guide to Basic Law and Procedures ­Under the National ­Labor Relations Act 3. Exclusions from Coverage a. In­de­pen­dent Contractors House Committee on Education and ­Labor b. Supervisory Employees c. Managerial Employees d. Confidential Employees e. Other Exclusions i. Agricultural Laborers and Domestic Servants ii. Residents, Interns, and Other Students iii. Undocumented Workers iv. Employees at Religious Schools and Health Care Institutions v. Employees of Businesses Operated by Native American Tribes Prob­lems B. Organ­ization and Procedure of the National ­Labor Relations Board 1. Organ­ization of the Board and the General Counsel 2. NLRB Procedures C. NLRB Rule-­Making Authority Part 2 The Right of Self-­Organization and Protection against Employer Unfair ­Labor Practices Seminar on ­Free Speech and Preelection Conduct, Southwestern ­Legal Foundation, ­Labor Law Developments, Proceedings of the Eleventh Annual Institute on ­Labor Law Bernard Karsh, Diary of a Strike Section I. Employer Interference, Restraint, or Coercion A. Limiting Orga­nizational Activities on Employer’s Premises Lechmere, Inc. v. NLRB Notes NLRB v. United Steelworkers [Nutone, Inc.] Note Prob­lem B. Anti-­Union Speeches and Publications Notes NLRB v. Gissel Packing Co. Notes Prob­lems C. Interrogation Blue Flash Express, Inc. Notes Prob­lems D. Economic Coercion and Inducement NLRB v. Exchange Parts Co. Notes Prob­lem E. Vio­lence and Intimidation, Espionage and Surveillance, and Economic Coercion F. Employer Responsibility for Anti-­Union Conduct of Subordinates and ­Others Section II. Employer Domination or Support Michael C. Harper, The Continuing Relevance of Section 8(a)(2) to the Con­temporary Workplace Prob­lem International Ladies’ Garment Workers’ Union v. NLRB [Bernhard-­Altmann Texas Corp.] Notes Section III. Employer Discrimination A. Discrimination to Discourage Union Activity Edward G. Budd Mfg. Co. v. NLRB Notes Prob­lems B. Discrimination to Encourage Union Membership 1. Hiring Halls and Other Practices International Brotherhood of Teamsters, Local 357 v. NLRB Notes 2. Union Security ­Under Federal Legislation Statutory References NLRB v. General Motors Corp. Notes 3. The First Amendment and the ­Free Rider Prob­lem Ellis v. Brotherhood of Railway, Airline & Steamship Clerks Notes 4. State “Right-­to-­Work” Legislation Statutory Reference Retail Clerks, Local 1625 v. Schermerhorn Note C. Which Activities Are Protected ­Under Section 7? 1. Concerted Activity on Social Media 2. Employer Work Rules and Policies Potentially Restricting § 7 Activity Prob­lems 3. Arbitration Clauses Prohibiting Class Actions in the Nonunion Setting Note 4. Constructive Concerted Activity NLRB v. City Disposal Systems Notes Prob­lem 5. Weingarten Rights Notes 6. Loss of Protection Due to Unlawful Objective, Unlawful Means, or Means against Public Policy Elk Lumber Co. Notes Prob­lem Mastro Plastics Corp. v. NLRB Notes 7. Use of Replacement Workers during Strikes NLRB v. Mackay Radio & Telegraph Co. Notes 8. Inducements to Strike Crossovers and New Hires 9. Proof of Motive in Cases Involving Violations of Sections 8(a)(3) and (1) Note Prob­lem D. Lockouts, Plant Closings, and “Runaway Shops” NLRB v. Truck ­Drivers, Local 449, International Brotherhood of Teamsters [Buffalo Linen Case] NLRB v. Brown Notes American Ship Building Co. v. NLRB Notes Prob­lem Textile Workers Union v. Darlington Mfg. Co. Notes Prob­lem E. Remedial Prob­lems Notes Part 3 Repre­sen­ta­tion Questions John Logan, Con­sul­tants, ­Lawyers, and the “Union ­Free” Movement in the USA Since the 1970s Section I. Establishing Representative Status through NLRB Elections Statutory References A. Bars to Conducting an Election NLRB, Thirty-­Seventh Annual Report Notes B. Defining the Appropriate Unit Blue Man Vegas, LLC v. NLRB 1. Multiple Plant Units NLRB, Seventeenth Annual Report Note 2. Multiemployer Units NLRB, Twenty-­Third Annual Report Notes Prob­lem Notes C. The Conduct of Repre­sen­ta­tion Elections NLRB, Thirty-­First Annual Report Note NLRB, Thirty-­First Annual Report Notes Prob­lem D. Court Review of Repre­sen­ta­tion Proceedings Leedom v. Kyne Notes NLRB, Twenty-­Sixth Annual Report NLRB, Forty-­Sixth Annual Report Notes Section II. Establishing Representative Status through Unfair ­Labor Practice Proceedings NLRB v. Gissel Packing Co. Notes Linden Lumber Division, Summer & Co. v. NLRB Note Section III. Duration of the Duty to Bargain Brooks v. NLRB Notes Auciello Iron Works, Inc. v. NLRB Notes NLRB v. Curtin Matheson Scientific, Inc. Notes American Seating Co. Note Prob­lems Part 4 Union Collective Action Neil W. Chamberlain, The Philosophy of American Management ­Toward ­Labor, in ­Labor in a Changing Amer­i­ca Lloyd G. Reynolds, Stanley H. Masters & Colletta H. Moser, ­Labor Economics and ­Labor Relations Section I. Introduction A. Collective Action at Common Law B. Anti-­Injunction Statutes Notes Section II. Union Discipline NLRB v. Allis-­Chalmers Mfg. Co. Notes Note Pattern Makers’ League of North Amer­i­ca v. NLRB Notes Prob­lem Section III. Orga­nizational and Recognitional Picketing NLRB v. ­Drivers, Chauffeurs, Helpers, Local 639 [Curtis Bros.] Note International HOD Carriers Local 840 [Blinne Construction Co.] Smitley, d/b/a Crown Cafeteria v. NLRB Notes Houston Building & Construction Trades Council [Claude Everett Construction Co.] Notes Prob­lems Note Section IV. Secondary Pressure A. Primary-­Secondary Distinction NLRB v. International Rice Milling Co. Notes B. Common Situs Prob­lems Sailors’ Union of the Pacific & Moore Dry Dock Co. Notes Prob­lem NLRB v. Denver Building & Construction Trades Council Note International Union of Electrical, Radio & Machine Workers, Local 761, AFL-­CIO v. NLRB [General Electric Co.] Notes Prob­lems C. The Ally Doctrine NLRB v. Business Machine & Office Appliance Mechanics Conference Board, IUE, Local 459 [Royal Typewriter Co.] Notes Prob­lems D. Consumer Picketing NLRB v. Retail Clerks, Local 1001 [Safeco Title Insurance Co.] Note Prob­lem E. Threats and Coercion of Secondary Employers Notes Edward J. DeBartolo Corp. v. Florida Gulf Coast Building Trades Council Note Prob­lem F. Hot Cargo Agreements United Brotherhood of Carpenters & Joiners, Local 1976 v. NLRB [Sand Door] Notes Connell Construction Co. v. Plumbers Local 100 Note Note National Woodwork Manufacturers Ass’n v. NLRB Notes Prob­lem G. Damages for Unlawful Secondary Activity United Mine Workers, District 28 v. Patton Notes Section V. Jurisdictional Disputes NLRB, Thirty-­Seventh Annual Report Notes Section VI. “Featherbedding” American Newspaper Publishers Ass’n v. NLRB Section VII. National ­Labor Relations Act Preemption A. Garmon Preemption San Diego Building Trades Council v. Garmon Notes Amalgamated Ass’n of Street, Electric Railway & Motor Coach Employees of Amer­i­ca v. Lockridge Notes Notes B. Machinists Preemption Notes Notes C. Comparing Garmon Preemption and Machinists Preemption Belknap, Inc. v. Hale Notes Prob­lem Part 5 Collective Bargaining Albert Rees, The Economics of Trade Unions Freeman & Medoff, The Two ­Faces of Unionism, in The Public Interest Notes Section I. Exclusive Repre­sen­ta­tion and Majority Rule J. I. Case Co. v. NLRB Notes Prob­lems Emporium Capwell Co. v. Western Addition Community Organ­ization Notes Molly S. McUsic & Michael Selmi, Postmodern Unions: Identity Politics in the Workplace Marion Crain & Ken Matheny, “­Labor’s Divided Ranks”: Privilege and the United Front Ideology Notes Section II. Fair Repre­sen­ta­tion and Individual Contract Rights Archibald Cox, The Duty of Fair Repre­sen­ta­tion Clyde W. Summers, Individual Rights in Collective Agreements and Arbitration A. Judicial Enforcement of Fair Repre­sen­ta­tion Steele v. Louisville & Nashville Railroad Notes Prob­lem 1. Defining the Duty Vaca v. Sipes Notes Notes Prob­lems 2. Relationship to Contract Breach Hines v. Anchor Motor Freight, Inc. Notes Notes Notes B. Unfair Repre­sen­ta­tion as an Unfair ­Labor Practice Notes Prob­lem Section III. Union Repre­sen­ta­tion and Antidiscrimination Law A. An Overview of Title VII B. The Age Discrimination in Employment Act (ADEA) C. The Americans with Disabilities Act (ADA) D. Areas of Tension between ­Labor Law and Antidiscrimination Law 1. Sexual and Racial Harassment by Coworkers 2. Individual Requests for Accommodation ­Under the ADA Prob­lem E. Union Waiver of Individual Statutory Forum Rights Notes Notes 14 Penn Plaza LLC v. Pyett Notes Section IV. The Nature of the Duty to Bargain A. Good Faith ­Labor Study Group,* The Public Interest in National ­Labor Policy General Electric Co. Note NLRB v. General Electric Co. Notes Prob­lems NLRB v. American National Insurance Co. Prob­lem Notes Prob­lem Notes B. Bargaining Remedies H. K. Porter Co. v. NLRB Notes Ex-­Cell-­O Corp. Notes C. Unilateral Action NLRB v. Katz Notes Prob­lems D. Supplying Information NLRB v. Truitt Manufacturing Co. Notes Prob­lems Section V. The Subject ­Matter of Collective Bargaining NLRB v. Wooster Division of Borg-­Warner Corp. Notes Prob­lems Allied Chemical & Alkali Workers Local 1 v. Pittsburgh Plate Glass Co. Notes Prob­lem Fibreboard Paper Products Corp. v. NLRB Notes First National Maintenance Corp. v. NLRB Notes Prob­lems Section VI. The Duty to Bargain during a Contract’s Term The Jacobs Manufacturing Co. Notes Notes Prob­lem Part 6 The Collective Agreement Section I. The ­Legal Status of the Collective Agreement Section II. Enforcement of the Collective Agreement through the Grievance and Arbitration Pro­cess ­Labor Study Group, The Public Interest in National ­Labor Policy A. The Grievance Procedure B. Voluntary Arbitration 1. Interest Arbitration 2. Grievance Arbitration C. Arbitration ­Under the Railway ­Labor Act Section III. Judicial Enforcement of the Collective Agreement A. Federal Oversight: Section 301 of the ­Labor Management Relations Act Textile Workers Union v. Lincoln Mills Teamsters, Chauffeurs, Ware­house­men & Helpers, Local 174 v. Lucas Flour Co. Notes Note B. Arbitrability United Steelworkers v. Warrior & Gulf Navigation Co. Note Notes C. Arbitration ­Under Lapsed Collective Bargaining Agreements Notes D. Judicial Enforcement of Arbitration Awards Note Notes E. The Public Policy Exception Notes Eastern Associated Coal Corp. v. United Mine Workers District 17 Note Prob­lem Section IV. The Enforcement of Strike Bans and the Effect of Norris-­La Guardia Boys Markets, Inc. v. Retail Clerks Local 770 Notes Prob­lem Buffalo Forge Co. v. United Steelworkers Notes Prob­lem Notes Section V. Section 301 Preemption and State Claims Lingle v. Norge Division of Magic Chef, Inc. Notes Prob­lem Notes Prob­lem Section VI. Contract Rights and Statutory Rights —­ ​Overlapping Law and Forums A. Unilateral Contract Modification Cases —­ ​Bargaining during the Term of the Agreement NLRB v. C & C Plywood Corp. Notes Milwaukee Spring Division of Illinois Coil Spring Co. Note B. Deference to Arbitration Collyer Insulated Wire Notes Prob­lem C. Deferral Where ­Labor Board Has Primary Jurisdiction —­ ​Representational Issues Notes Notes D. Contract Rejection in Bankruptcy Notes Section VII. Successor Employers’ Contractual and Bargaining Obligations Notes NLRB v. Burns International Security Ser­vices, Inc. Notes Prob­lem Fall River Dyeing & Finishing Corp. v. NLRB Notes Part 7 Internal Union Affairs Archibald Cox, Internal Affairs of ­Labor Unions ­Under the ­Labor Reform Act of 1959 Section I. The Bill of Rights Clyde W. Summers, The Impact of Landrum-­Griffin in State Courts, in N.Y.U. Thirteenth Annual Conference on ­Labor Directors Guild of Amer­i­ca, Inc. v. Superior Court of Los Angeles County Section II. Reporting and Disclosure Provisions House Committee on Education and ­Labor Section III. Trusteeships and Parent-­Local Relations Section IV. The Regulation of Racketeering and Communist Activity _Hlk487197621 Part 1 Part 2 Part 3 Part 4 Part 5 Part 6 Part 7