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9780324400755

Labor & Employment Law Text and Cases

by
  • ISBN13:

    9780324400755

  • ISBN10:

    0324400756

  • Edition: 13th
  • Format: Hardcover
  • Copyright: 2006-08-07
  • Publisher: South-Western College/West
  • View Upgraded Edition

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Summary

From the White House to your desk! LABOR AND EMPLOYMENT LAW, written by a nationally renowned White House labor arbitrator, explores pay equity, age discrimination, disability discrimination, and employee privacy topics in a style that you can understand. It also details protection for contingent workers, the legality of employee involvement programs, and more.

Table of Contents

Preface xiii
About the Author xvi
Overview; Early Doctrines; Current Applications
Introduction
1(4)
The Criminal Conspiracy Doctrine
5(3)
The Contractual Interference Doctrine
8(5)
Early Applications of the Sherman Act
13(2)
Injunctions and the Clayton Act
15(2)
Continuing Impact of Antitrust Laws
17(6)
Railway and Airline Labor Relations Law
History, Purpose, Constitutionality
23(2)
Expanding Coverage
25(1)
Administration, Remedy, Enforcement
25(11)
Bargaining Representation
36(2)
Strike Injunctions
38(3)
The National Labor Relations Act
Introduction
41(1)
Historical Development
42(4)
Administration
46(3)
Procedures
49(3)
Jurisdiction: Employers Under the Act
52(7)
Jurisdiction: Agents, ``Contingent'' Workers
59(5)
Jurisdiction: Employees Under the Act
64(14)
Jurisdiction: Preemption
78(6)
Majority Bargaining Rights
84(1)
The Appropriate Bargaining Unit
85(5)
Multiemployer Bargaining Units
90(3)
Craft Severance
93(1)
Determining Employees' Choice
94(7)
Representation Elections
101(1)
Election Conduct and Free Speech
102(5)
Election Propaganda and Misrepresentations
107(3)
Bargaining Rights Based on Authorization Cards
110(6)
Remedial Powers
116(13)
Employer Unfair Labor Practices
The Employer-Employee Relation
129(1)
Freedom from Interference
130(8)
Domination of Labor Organizations
138(6)
Discrimination as to Hire and Tenure
144(4)
Discriminatory Lockouts
148(2)
Permanent Shutdowns
150(3)
Discrimination for Concerted Activities
153(3)
Union Security and ``Right-to-Work'' Laws
156(5)
Discrimination for NLRB Action
161(1)
Duty of Employer to Bargain
161(9)
Successor Employers' Obligations under the NLRA
170(8)
Rejection of Labor Contracts under Chapter 11 of the Bankruptcy Code
178(11)
Regulation of Union Activities
Union Unfair Labor Practices
189(4)
Picketing: Types and Constitutional Parameters
193(6)
Mass Picketing
199(4)
Union Access to Private Property
203(9)
Organizational and Recognitional Picketing: Informational Picketing
212(3)
Jurisdictional Disputes
215(1)
Secondary Activity: ``Ally'' and ``Common Situs'' Doctrines
216(3)
Secondary Activity: Product Picketing and Handbilling
219(9)
Hot Cargo Agreements
228(4)
Damages from Boycotts and Picketing
232(5)
Legality of Strikes
Types of Stoppages
237(2)
Employer Unfair Labor Practice Strikes
239(2)
Permanent Replacement of Strikers
241(7)
Unprotected Strike Activity
248(3)
Effects of Strikes in Violation of NLRA Notice Requirements
251(2)
No-Strike Agreements
253(2)
Norris-LaGuardia and No-Strike Injunctions
255(4)
National Emergency Strikes
259(10)
Dispute Settlement Law
Introduction
269(1)
Definitions and Terms
270(3)
Assisting Negotiations
273(1)
NLRB Deferral to Arbitration
274(6)
The Courts and the Arbitration Process
280(2)
Judicial Review of Arbitration Decisions
282(5)
Seizure of Vital Industry
287(6)
Regulating Internal Union Conduct
Introduction
293(1)
Union's Duty of Fair Representation (DFR)
294(8)
Members' Rights under the Union's Constitution
302(1)
Union Discipline: Section 8(b)(1)(A)
303(5)
Rights of Members
308(3)
Union and Management Reporting Requirements
311(1)
Employee Retirement Income Security Act (ERISA)
312(9)
Political Contributions and Expenditures
321(1)
Antiracketeering Laws
322(7)
Public Employment and Labor Law
Introduction
329(1)
Strikes by Government Employees
330(11)
Federal Employment
341(9)
State and Local Employment
350(8)
Congressional Power over State Employment Standards
358(7)
Occupational Safety and Health Law
Purpose and Scope
365(1)
Administration
366(4)
Standards
370(9)
Employer Duties
379(4)
Protection from Retaliation
383(4)
Inspection
387(4)
Citations and Penalties
391(3)
Overlapping Jurisdiction
394(2)
State Programs
396(1)
State ``Right-to-Know'' Legislation
397(6)
Discrimination Laws: Protected Classes Under Title VII and the Constitution
Introduction
403(1)
Title VII as Amended
404(12)
Race and Color
416(7)
Religion
423(11)
Sex
434(8)
Employer Liability for Sexual Harassment
442(19)
Employer Liability for Coworker and Nonemployee Sexual Harassment
461(1)
National Origin Discrimination and ``English Only'' Rules
462(3)
Protection Against Retaliation
465(5)
Title VII: Section 703 Exceptions
470(8)
Selected Constitutional Theories on Discrimination
478(9)
Procedures and Remedies
Burden of Proof
487(8)
Statistical Cases
495(3)
Title VII Court-Ordered Remedies
498(4)
Consent Decrees and Voluntary Affirmative Action Plans
502(9)
Reverse Discrimination and Affirmative Action Plans
511(4)
The Arbitration Option
515(8)
Executive Order 11246: Affirmative Action Programs
523(7)
Other Remedy Options
530(11)
Pay Equity; Age Discrimination
Equal Pay for Equal Work
541(5)
The Gunther Decision and Comparable Worth
546(5)
Age Discrimination
551(7)
Prohibited Practices and Damages
558(6)
The Older Workers Benefit Protection Act; ADEA Exemptions and Defenses
564(7)
Disability Discrimination Laws---Workers' Compensation, SSDI and the ADA---Medical And Military Leaves
Discrimination against Disabled Workers
571(2)
The Rehabilitation Act of 1973
573(8)
The Americans with Disabilities Act
581(14)
Workers' Compensation: Relationship to the ADA
595(9)
Accommodation between SSDI and the ADA
604(1)
Family and Medical Leaves of Absence
605(5)
Military Leaves and Reemployment Rights
610(7)
Employment Relationships: Contractual and Tort Theories
Employment at Will, Exceptions, and Discrimination Claims
617(13)
Whistleblower Protection under the Sarbanes-Oxley Act
630(3)
Noncompetition Agreements
633(2)
Employer Liability for Torts of Employees
635(3)
Proper Classification of Workers
638(1)
Negligent Hiring and Retention of Employees
639(10)
Employee Privacy Topics
Historical Background, Introduction to Employee Privacy
649(2)
Public Employees' Privacy Rights
651(6)
Private Sector Employees: Property Searches
657(1)
Invasion of Privacy
657(7)
Monitoring Employee Telephone Conversations and e-Mail
664(4)
Drug Testing
668(9)
Alcohol Abuse and Employee Assistance Programs
677(3)
Polygraph Examinations
680(6)
Employee Defamation Claim
686(9)
Wage and Hour Law---Closings and Unemployment---Foreign Workers
Developing Law Regulating Wages and Hours
695(10)
Plant Closing Laws: The Warn Act
705(6)
Unemployment Compensation
711(4)
Employment-Related Immigration Laws: Introduction
715(1)
Employer Sanctions and Verification Responsibilities
716(1)
Employer Discrimination
717(1)
Business Visas
718(8)
Appendixes
Types of Cases Before National Labor Relations Board
726(2)
Labor Management Relations Act, 1947, as Amended by Public Laws 86-257, 1959, and 93-360, 1974
728(23)
Excerpts from the Labor-Management Reporting and Disclosure Act of 1959
751(6)
Excerpts from Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972
757(3)
Excerpts from Civil Rights Act of 1991
760(7)
Excerpts from the EEOC's Uniform Guidelines on Employee Selection Procedures (1978)
767(3)
Excerpts from the EEOC's Guidance on Vicarious Employer Liability for Harassment by Supervisors
770(2)
Excerpts from Americans with Disabilities Act of 1990
772(4)
Excerpts from the EEOC's ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations
776(6)
Excerpts from the EEOC's Enforcement Guidance: Workers' Compensation and the ADA
782(3)
EEOC Guidance to Field Offices on ADA Charges
785(2)
Glossary 787(8)
Index of Cases 795(9)
Index of Subjects 804

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

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