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This book tells the story of the development of labor law over the course of nearly seventy years - beginning with Mackay Radio, one of the earliest cases under the National Labor Relations Act (NLRA), and ending with Hoffman Plastic, one of the most recent. It includes cases from the major topics in a basic or advanced course on Labor Law, describing not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved. The authors interviewed dozens of participants in the fourteen cases addressed in the book.
LABOR AND EMPLOYMENT LAW: TEXT & CASES, 15TH EDITION, written by a nationally renowned White House labor arbitrator, offers comprehensive and objective coverage of labor and employment law topics that challenge students to develop critical thinking skills through case analysis. In-depth chapters explore labor law topics, focusing primarily on the National Labor Relations Act, and are updated to include coverage of court systems and the role of administrative agencies in policymaking. In addition, a thorough understanding of employment law topics is provided through chapters on discrimination law, occupational safety and health issues, employee privacy and more. Also included in this edition are issues of violence in the workplace and the implications of the ADA Amendments Act of 2008. No other text in this market can claim the prestige of authorship and timely coverage of topics so important to students in their business careers. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
This Document Supplement accompanies the third edition of Modern Labor Law in the Private and Public Sectors: Cases and Materials (2021).
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.
In this, the first broad historical overview of labor in the United States in twenty years, Philip Nicholson examines anew the questions, the villains, the heroes, and the issues of work in America. Unlike recent books that have covered labor in the twentieth century,Labor's Story in the United Stateslooks at the broad landscape of labor since before the Revolution. In clear, unpretentious language, Philip Yale Nicholson considers American labor history from the perspective of institutions and people: the rise of unions, the struggles over slavery, wages, and child labor, public and private responses to union organizing. Throughout, the book focuses on the integral relationship between the strength of labor and the growth of democracy, painting a vivid picture of the strength of labor movements and how they helped make the United States what it is today.Labor's Story in the United Stateswill become an indispensable source for scholars and students. Author note:Philip Yale Nicholsonis Professor of History at Nassau Community College and Adjunct Professor at the Cornell University School of Industrial and Labor Relations, Long Island Extension. He is the author ofWho Do We Think We Are? Race and Nation in the Modern World.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Ninth Edition of this widely used casebook maintains the problem-based emphasis of prior editions. Text is taken seriously but always in the full context of the attendant policy issues. The Trump Board’s decisions are addressed, alongside treatment of difficulties that will motivate change in the Biden years. The coverage of current issues complements the casebook’s comprehensive and nuanced treatment of all the important law on a topic that has become central to contemporary debates about income and wealth divisions in the society. This treatment spans from the protection of concerted employee activity to the organizing process to the bargaining and implementation of collective agreements. It covers other important topics including the preemption of state law and interaction with antitrust and immigration law. New to the Ninth Edition: Coverage of the most salient and controversial issues posed by developments at the National Labor Relations Board over the past six years, including: The independent contractor distinction, including the emerging “ABC” test The joint employer debate Defining appropriate bargaining units The effects on protected concerted activity of neutral employer personnel rules and the Supreme Court’s endorsement of class action waivers in arbitration The regulation of bargaining during the term of collective agreements Board deferral to arbitration As part of its contemporary focus, the Ninth Edition highlights past and current proposals to amend the National Labor Relations Act (NRLA), including those in the pending Protecting the Right to Organize Act (PRO Act) The new edition’s Statutory Supplement aids discussion by including the PRO Act as passed by the House of Representatives this year and again presents the NLRA with easy to view indications of its evolution, as well as the other major statutes and examples of innovative collective bargaining agreements. Professors and students will benefit from: A book that consistently poses problems for students and gets deeply into factual issues and important points of law. Careful editing of cases that preserves the decisional antecedents for the court’s action is a hallmark of the book.
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.