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The Seventeenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy and polarized political environment. This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration. The Trump Board's starkly different outlook on the role of labor law in the contemporary workplace is reflected in its overturning or reversing precedents on many key issues, such as protections for employee electronic communications, accountability for employers in "fissured" enterprises, and treatment of various other employer restrictions on collective employee activity. The book also contains judicial decisions addressing these developments, evincing the growing conflicts over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2016 through 2020, notably Newly revised NLRB representation election rules SuperShuttle and more, addressing the distinction between employees and independent contractors The Boeing Company, adopting a new and markedly different framework for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as employee use of cameras in the workplace and workplace civility standards Caesars Entertainment, reverting to the Board's prior approach (under The Register Guard) to rules on employee use of employer email for concerted activity The NLRB General Counsel's advocacy of stricter limitations on neutrality agreements Newly enacted rules overturning Browning-Ferris and narrowing the scope of joint employer status Alstate Maintenance, seemingly narrowing the scope of concerted activity for mutual aid or protection Epic Systems, in which the Supreme Court rejected the Board's decision in Murphy Oil, thereby unwinding protection against contractual waivers of the capacity to participate in group arbitration or adjudication of employment-related claims General Motors, adopting a new approach to determining when allegedly abusive conduct loses protection under Section 7. MV Transportation, abandoning the "clear and unmistakable" standard for determining whether a CBA waives the duty to bargain and replacing it with a "contract coverage" standard. New discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today.
This Document Supplement accompanies the third edition of Modern Labor Law in the Private and Public Sectors: Cases and Materials (2021).
A rigorous, analytical, modern, and practical approach to the issues and challenges of labor law and labor policy.
A contextual, rigorous treatment of employment law, featuring a running case example to show exactly how the law works, and including extracts from key cases and source materials.
A complete reference resource for students of employment law. Well established as the most regularly updated casebook on the market, it offers a wide range of case law and statutes along with plenty of non-statutory material, providing students with a thorough grounding in the subject.
Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.
Hardbound - New, hardbound print book.