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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.
Hardbound - New, hardbound print book.
Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.
This casebook on D. H. Lawrence's Sons and Lovers is the first to address itself to the full text of the novel, first published in 1992.
This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.
After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenotes Features: Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
There are many new realities confronting labor in the United States. Technology is redefining traditional employment, and globalization continues moving manufacturing as well as service jobs to lower-cost jurisdictions. This timely sixth edition discusses the recent political developments that impact American labor, as well as new court cases and the social and economic issues that American workers are confronting. For union and employer representatives and labor lawyers, alike this volume not only describes the labor law system briefly and clearly, but also attempts to further an understanding among workers, unions, and businesses in order to promote an improved working environment. Professor William B. Gould, IV brings to this work more than a half-century of experience as a practicing labor lawyer and academic, as well as practical exposure to the relationship between administrative agencies and the public.
In a book that confronts the moral choices that U.S. corporations make every day in the treatment of their workers, James A. Gross issues a clarion call for the transformation of the American workplace based on genuine respect for human rights, rather than whatever the economic and regulatory landscape might allow. Gross questions the nation's underlying fabric of values as reflected in its laws and our assumptions about workers and the workplace.Arguing that our market philosophy is incompatible with core principles of human rights, he forces readers to realign the country's labor policies so that they conform with the highest international human rights standards. To make his case, Gross assesses various aspects of U.S. labor relations—freedom of association, racial discrimination, management rights, workplace safety, and human resources—through the lens of internationally accepted human rights principles as standards of judgment.His findings are chilling. "Employers who maintain workplaces that require men and women and sometimes even children to risk their lives and endanger their health and eyes and limbs in order to earn a living are treating human life as cheap and are seeking their own gain through the desecration of human life," Gross argues, and such behavior should be considered as crimes against humanity rather than matters of efficiency, productivity, or morale.By revealing how truly unacceptable management's "best practices" can be when considered as human rights issues, A Shameful Business encourages a bold new vision for workers, whether organized or not, that would signify a radical rethinking of social values and the concept of workplace rights and justice in the courtroom, the boardroom, and on the shop floor.