Labor and Employment Law

by Twomey, David P.

• ISBN13: 9780538827799
• ISBN10: 0538827793
• Format: Hardcover
• Copyright: 1993-08-01
• Publisher: South-Western Pub

Table of Contents

Preface	p. v
About the Author	p. vii
Overview; Early Doctrines; Current Applications
Introduction	p. 1
The Criminal Conspiracy Doctrine	p. 8
The Contractual Interference Doctrine	p. 11
Early Applications of the Sherman Act	p. 16
Injunctions and the Clayton Act	p. 17
Continuing Impact of Antitrust Laws	p. 20
Railway and Airline Labor Relations Law
History, Purpose, Constitutionality	p. 25
Expanding Coverage	p. 27
Administration, Remedy, Enforcement	p. 27
Bargaining Representation	p. 35
Strike Injunctions	p. 36
The National Labor Relations Act
Introduction	p. 41
Historical Development	p. 42
Administration	p. 46
Procedures	p. 49
Jurisdiction: Employers Under the Act	p. 51
Jurisdiction: Agents, "Contingent" Workers	p. 57
Jurisdiction: Employees Under the Act	p. 62
Jurisdiction: Preemption	p. 73
Majority Bargaining Rights	p. 79
The Appropriate Bargaining Unit	p. 80
Multiemployer Bargaining Units	p. 85
Craft Severance	p. 88
Determining Employees' Choice	p. 89
Representation Elections	p. 94
Election Conduct and Free Speech	p. 95
Election Propaganda and Misrepresentations	p. 102
Bargaining Rights Based on Authorization Cards	p. 105
Remedial Powers	p. 110
Employer Unfair Labor Practices
The Employer-Employee Relation	p. 123
Freedom From Interference	p. 124
Domination of Labor Organizations	p. 129
Discrimination as to Hire and Tenure	p. 135
Discriminatory Lockouts	p. 138
Permanent Shutdowns	p. 141
Discrimination for Concerted Activities	p. 144
Union Security and "Right-to-Work" Laws	p. 147
Discrimination for NLRB Action	p. 150
Duty of Employer to Bargain	p. 150
Successor Employers' Obligations Under the NLRA	p. 162
Rejection of Labor Contracts Under Chapter 11 of the Bankruptcy Code	p. 168
Regulation of Union Activities
Union Unfair Labor Practices	p. 179
Picketing: Types and Constitutional Parameters	p. 183
Mass Picketing	p. 188
Union Access to Private Property	p. 193
Organizational and Recognitional Picketing: Informational Picketing	p. 200
Jurisdictional Disputes	p. 203
Secondary Activity: "Ally" and "Common Situs" Doctrines	p. 207
Secondary Activity: Product Picketing and Handbilling	p. 210
Hot Cargo Agreements	p. 219
Damages From Boycotts and Picketing	p. 222
Legality of Strikes
Types of Stoppages	p. 229
Employer Unfair Labor Practice Strikes	p. 231
Permanent Replacement of Strikers	p. 233
Unprotected Strike Activity	p. 240
Effects of Strikes in Violation of NLRA Notice Requirements	p. 242
No-Strike Agreements	p. 243
Norris-LaGuardia and No-Strike Injunctions	p. 244
National Emergency Strikes	p. 249
Dispute Settlement Law
Introduction	p. 257
Definitions and Terms	p. 258
Assisting Negotiations	p. 261
NLRB Deferral to Arbitration	p. 262
The Courts and the Arbitration Process	p. 269
Judicial Review of Arbitration Decisions	p. 273
Seizure of Vital Industry	p. 275
Regulating Internal Union Conduct
Introduction	p. 281
Union's Duty of Fair Representation	p. 282
Members' Rights Under the Union's Constitution	p. 289
Union Discipline: Section 8(b)(1)(A)	p. 290
Rights of Members	p. 294
Union and Management Reporting Requirements	p. 298
Employee Retirement Income Security Act (ERISA)	p. 299
Political Contributions and Expenditures	p. 307
Antiracketeering Laws	p. 307
Public Employment and Labor Law
Introduction	p. 315
Strikes by Government Employees	p. 316
Federal Employment	p. 326
State and Local Employment	p. 337
Congressional Power Over State Employment Standards	p. 345
Occupational Safety and Health Law
Purpose and Scope	p. 351
Administration	p. 352
Standards	p. 355
Employer Duties	p. 364
Protection From Retaliation	p. 368
Inspection	p. 372
Citations and Penalties	p. 376
Overlapping Jurisdiction	p. 378
State Programs	p. 379
State "Right-to-Know" Legislation	p. 379
Discrimination Laws: Protected Classes Under Title VII and the Constitution
Introduction	p. 385
Title VII as Amended	p. 386
Race and Color	p. 394
Religion	p. 401
Sex	p. 411
Employer Liability for Sexual Harassment	p. 416
Employer Liability for Coworker and Nonemployee Sexual Harassment	p. 434
National Origin Discrimination and "English Only" Rules	p. 440
Protection Against Retaliation	p. 442
Title VII: Section 703 Exceptions	p. 443
Selected Consatitutional Theories on Discrimination	p. 451
Procedures and Remedies
Burden of Proof	p. 461
Statistical Cases	p. 469
Title VII Court-Ordered Remedies	p. 473
Consent Decrees and Voluntary Affirmative Action Plans	p. 477
Reverse Discrimination and Affirmative Action Plans	p. 487
Executive Order 11246: Affirmative Action Programs	p. 493
Other Remedy Options	p. 497
Pay Equity; Age Discrimination
Equal Pay for Equal Work	p. 509
The Gunther Decision and Comparable Worth	p. 513
Age Discrimination	p. 519
Prohibited Practices and Damages	p. 523
Arbitration of ADEA Claims	p. 528
The Older Workers Benefit Protection Act; ADEA Exceptions and Defenses	p. 531
Disability Discrimination Laws--Workers' Compensation, SSDI and the ADA--Medical Leaves
Discrimination Against Disabled Workers	p. 539
The Rehabilitation Act of 1973	p. 541
The Americans With Disabilities Act	p. 549
Workers' Compensation: Relationship to the ADA	p. 559
Accommodation Between SSDI and the ADA	p. 567
Family and Medical Leaves of Absence	p. 568
Employment Relationships: Contractual and Tort Theories
Employment at Will, Exceptions, and Discrimination Claims	p. 579
Noncompetition Agreements	p. 591
Employer Liability for Torts of Employees	p. 594
Proper Classification of Workers	p. 596
Negligent Hiring and Retention of Employees	p. 597
Employee Privacy Topics
Historical Background, Introduction to Employee Privacy	p. 607
Public Employees' Privacy Rights	p. 609
Private-Sector Employees: Property Searches	p. 614
Invasion of Privacy	p. 615
Monitoring Employee Telephone Conversations and E-Mail	p. 622
Drug Testing	p. 626
Alcohol Abuse and Employee Assistance Programs	p. 635
Polygraph Examinations	p. 637
Employee Defamation Claims	p. 643
Wage and Hour Law--Closings and Unemployment--Foreign Workers
Developing Law Regulating Wages and Hours	p. 653
Plant Closing Laws: The WARN Act	p. 660
Unemployment Compensation	p. 666
Employment-Related Immigration Laws: Introduction	p. 670
Employer Sanctions and Verification Responsibilities	p. 671
Employer Discrimination	p. 672
Business Visas	p. 673
Appendixes
Types of Cases Before National Labor Relations Board	p. 680
Labor Management Relations Act, 1947, as Amended by Public Laws 86-257, 1959, and 93-360, 1974	p. 682
Labor-Management Reporting and Disclosure Act of 1959	p. 705
Excerpts from Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972	p. 721
Excerpts from Civil Rights Act of 1991	p. 723
Excerpts from the EEOC's Uniform Guidelines on Employee Selection Procedures (1978)	p. 730
Excerpts from the EEOC's Guidance on Vicarious Employer Liability for Harassment by Supervisors (1999)	p. 733
Excerpts from Americans with Disabilities Act of 1990	p. 735
Excerpts from the EEOC's ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations	p. 739
Excerpts from the EEOC's Enforcement Guidance: Workers' Compensation and the ADA	p. 745
EEOC Guidance to Field Offices on ADA Charges (1999)	p. 748
Glossary	p. 749
Case Index	p. 757
Subject Index	p. 767
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