Labor and Employment Law

by Twomey, David

• ISBN13: 9780324154849
• ISBN10: 0324154844
• Edition: 12th
• Format: Hardcover
• Copyright: 2003-07-14
• Publisher: South-Western College/West

Summary

Written by a nationally renowned White House labor mediator, this edition continues its comprehensive treatment of labor and employment law. In-depth chapters explore pay equity and age discrimination, disability discrimination laws and workers' compensation, and employee privacy topics. In addition, labor law topics are updated to include coverage of protection for contingent workers, the legality of employee involvement (EI) programs, and more. No other text on this market can claim the prestige of authorship and timely coverage of topics so important to students in their business careers.

Table of Contents

Preface	xiii
About the Author	xvi
CHAPTER 1 OVERVIEW; EARLY DOCTRINES; CURRENT APPLICATIONS
1 Introduction	1	(4)
2 The Criminal Conspiracy Doctrine	5	(3)
3 The Contractual Interference Doctrine	8	(5)
4 Early Applications of the Sherman Act	13	(1)
5 Injunctions and the Clayton Act	14	(3)
6 Continuing Impact of Antitrust Laws	17	(4)
CHAPTER 2 RAILWAY AND AIRLINE LABOR RELATIONS LAW
7 History, Purpose, Constitutionality	21	(2)
8 Expanding Coverage	23	(1)
9 Administration, Remedy, Enforcement	23	(10)
10 Bargaining Representation	33	(1)
11 Strike Injunctions	34	(5)
CHAPTER 3 THE NATIONAL LABOR RELATIONS ACT
12 Introduction	39	(1)
13 Historical Development	40	(3)
14 Administration	43	(4)
15 Procedures	47	(2)
16 Jurisdiction: Employers Under the Act	49	(6)
17 Jurisdiction: Agents, "Contingent" Workers	55	(6)
18 Jurisdiction: Employees Under the Act	61	(11)
19 Jurisdiction: Preemption	72	(7)
20 Majority Bargaining Rights	79	(1)
21 The Appropriate Bargaining Unit	79	(6)
22 Multiemployer Bargaining Units	85	(3)
23 Craft Severance	88	(1)
24 Determining Employees' Choice	89	(7)
25 Representation Elections	96	(1)
26 Election Conduct and Free Speech	96	(5)
27 Election Propaganda and Misrepresentations	101	(4)
28 Bargaining Rights Based on Authorization Cards	105	(5)
29 Remedial Powers	110	(15)
CHAPTER 4 EMPLOYER UNFAIR LABOR PRACTICES
30 The Employer-Employee Relation	125	(1)
31 Freedom from Interference	126	(7)
32 Domination of Labor Organizations	133	(6)
33 Discrimination as to Hire and Tenure	139	(4)
34 Discriminatory Lockouts	143	(3)
35 Permanent Shutdowns	146	(3)
36 Discrimination for Concerted Activities	149	(3)
37 Union Security and "Right-to-Work" Laws	152	(5)
38 Discrimination for NLRB Action	157	(1)
39 Duty of Employer to Bargain	158	(8)
40 Successor Employers' Obligations Under the NLRA	166	(7)
41 Rejection of Labor Contracts Under Chapter 11 of the Bankruptcy Code	173	(12)
CHAPTER 5 REGULATION OF UNION ACTIVITIES
42 Union Unfair Labor Practices	185	(4)
43 Picketing: Types and Constitutional Parameters	189	(5)
44 Mass Picketing	194	(4)
45 Union Access to Private Property	198	(8)
46 Organizational and Recognitional Picketing: Informational Picketing	206	(3)
47 Jurisdictional Disputes	209	(4)
48 Secondary Activity: "Ally" and "Common Situs" Doctrines	213	(3)
49 Secondary Activity: Product Picketing and Handbilling	216	(9)
50 Hot Cargo Agreements	225	(4)
51 Damages from Boycotts and Picketing	229	(4)
CHAPTER 6 LEGALITY OF STRIKES
52 Types of Stoppages	233	(2)
53 Employer Unfair Labor Practice Strikes	235	(2)
54 Permanent Replacement of Strikers	237	(7)
55 Unprotected Strike Activity	244	(2)
56 Effects of Strikes in Violation of NLRA Notice Requirements	246	(1)
57 No-Strike Agreements	247	(1)
58 Norris-Laguardia and No-Strike Injunctions	248	(5)
59 National Emergency Strikes	253	(8)
CHAPTER 7 DISPUTE ETTLEMENT LAW
60 Introduction	261	(1)
61 Definitions and Terms	262	(3)
62 Assisting Negotiations	265	(1)
63 NLRB Deferral to Arbitration	266	(5)
64 The Courts and the Arbitration Process	271	(3)
65 Judicial Review of Arbitration Decisions	274	(4)
66 Seizure of Vital Industry	278	(5)
CHAPTER 8 REGULATING INTERNAL UNION CONDUCT
67 Introduction	283	(1)
68 Union's Duty of Fair Representation	284	(7)
69 Members' Rights Under the Union's Constitution	291	(1)
70 Union Discipline: Section 8(b) (1)(A)	292	(4)
71 Rights of Members	296	(4)
72 Union and Management Reporting Requirements	300	(1)
73 Employee Retirement Income Security Act (ERISA)	301	(8)
74 Political Contributions and Expenditures	309	(1)
75 Antiracketeering Laws	310	(7)
CHAPTER 9 PUBLIC EMPLOYMENT AND LABOR LAW
76 Introduction	317	(1)
77 Strikes by Government Employees	318	(10)
78 Federal Employment	328	(12)
79 State and Local Employment	340	(7)
80 Congressional Power over State Employment Standards	347	(6)
CHAPTER 10 OCCUPATIONAL SAFETY AND HEALTH LAW
81 Purpose and Scope	353	(1)
82 Administration	354	(3)
83 Standards	357	(9)
84 Employer Duties	366	(4)
85 Protection from Retaliation	370	(3)
86 Inspection	373	(5)
87 Citations and Penalties	378	(2)
88 Overlapping Jurisdiction	380	(2)
89 State Programs	382	(1)
90 State "Right-to-Know" Legislation	383	(4)
CHAPTER 11 DISCRIMINATION LAWS: PROTECTED CLASSES UNDER TITLE VII AND THE CONSTITUTION
91 Introduction	387	(1)
92 Title VII as Amended	388	(11)
93 Race and Color	399	(7)
94 Religion	406	(10)
95 Sex	416	(8)
96 Employer Liability for Sexual Harassment	424	(18)
97 Employer Liability for Coworker and Nonemployee Sexual Harassment	442	(1)
98 National Origin Discrimination and "English Only" Rules	443	(3)
99 Protection Against Retaliation	446	(4)
100 Title VII: Section 703 Exceptions	450	(8)
101 Selected Constitutional Theories on Discrimination	458	(9)
CHAPTER 12 PROCEDURES AND REMEDIES
102 Burden of Proof	467	(8)
103 Statistical Cases	475	(4)
104 Title VII Court-Ordered Remedies	479	(4)
105 Consent Decrees and Voluntary Affirmative Action Plans	483	(8)
106 Reverse Discrimination and Affirmative Action Plans	491	(5)
107 The Arbitration Option	496	(7)
108 Executive Order 11246: Affirmative Action Programs	503	(7)
109 Other Remedy Options	510	(11)
CHAPTER 13 PAY EQUITY; AGE DISCRIMINATION
110 Equal Pay for Equal Work	521	(4)
111 The Gunther Decision and Comparable Worth	525	(6)
112 Age Discrimination	531	(4)
113 Prohibited Practices and Damages	535	(6)
114 The Older Workers Benefit Protection Act; ADEA Exemptions and Defenses	541	(6)
CHAPTER 14 DISABILITY DISCRIMINATION LAWS-WORKERS' COMPENSATION, SSDI AND THE ADA--MEDICAL LEAVES
115 Discrimination Against Disabled Workers	547	(2)
116 The Rehabilitation Act Of 1973	549	(8)
117 The Americans with Disabilities Act	557	(14)
118 Workers' Compensation: Relationship to the ADA	571	(8)
119 Accommodation Between SSDI and the ADA	579	(1)
120 Family and Medical Leaves of Absence	580	(9)
CHAPTER 15 EMPLOYMENT RELATIONSHIPS: CONTRACTUAL AND TORT THEORIES
121 Employment at Will, Exceptions, and Discrimination Claims	589	(12)
122 Noncompetition Agreements	601	(3)
123 Employer Liability for Torts of Employees	604	(2)
124 Proper Classification of Workers	606	(1)
125 Negligent Hiring and Retention of Employees	607	(10)
CHAPTER 16 EMPLOYEE PRIVACY TOPICS
126 Historical Background, Introduction to Employee Privacy	617	(2)
127 Public Employees' Privacy Rights	619	(5)
128 Private Sector Employees: Property Searches	624	(1)
129 Invasion of Privacy	625	(5)
130 Monitoring Employee Telephone Conversations and E-mail	630	(4)
131 Drug Testing	634	(9)
132 Alcohol Abuse and Employee Assistance Programs	643	(2)
133 Polygraph Examinations	645	(6)
134 Employee Defamation Claims	651	(8)
CHAPTER 17 WAGE AND HOUR LAW-CLOSINGS AND UNEMPLOYMENT-FOREIGN WORKERS
135 Developing Law Regulating Wages and Hours	659	(7)
136 Plant Closing Laws: The Warn Act	666	(6)
137 Unemployment Compensation	672	(5)
138 Employment-Related Immigration Laws: Introduction	677	(1)
139 Employer Sanctions and Verification Responsibilities	677	(1)
140 Employer Discrimination	678	(1)
141 Business Visas	679	(9)
APPENDIX A TYPES OF CASES BEFORE NATIONAL LABOR RELATIONS BOARD	688	(2)
APPENDIX B LABOR MANAGEMENT RELATIONS ACT, 1947, AS AMENDED BY PUBLIC LAWS 86-257, 1959, AND 93-360, 1974	690	(27)
APPENDIX C EXCERPTS FROM THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT 0F 1959	717	(7)
APPENDIX D EXCERPTS FROM TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 AS AMENDED BY THE EQUAL EMPLOYMENT OPPORTUNITY ACT of 1972	724	(3)
APPENDIX E EXCERPTS FROM CIVIL RIGHTS ACT OF 1991	727	(8)
APPENDIX F EXCERPTS FROM THE EEOC's UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES (1978)	735	(4)
APPENDIX G EXCERPTS FROM THE EEOC's GUIDANCE ON VICARIOUS EMPLOYER LIABILTIY FOR HARASSMENT BY SUPERVISORS	739	(2)
APPENDIX H EXCERPTS FROM AMERICANS WITH DISABILITIES ACT OF 1990	741	(4)
APPENDIX I EXCERPTS FROM THE EEOC's ADA ENFORCEMENT GUIDANCE: PREEMPLOYMENT DISABILITY-RELATED QUESTIONS AND MEDICAL EXAMINATIONS	745	(6)
APPENDIX J EXCERPTS FROM THE EEOC's ENFORCEMENT GUIDANCE: WORKERS' COMPENSATION AND THE ADA	751	(4)
APPENDIX K EEOC GUIDANCE TO FIELD OFFICES ON AMERICANS WITH DISAILITIES ACT CHARGES	755	(2)
Glossary	757	(8)
Case Index	765	(5)
Subject Index	770