Labor Law

by Cox, Archibald; Bok, Derek Curtis; Gorman, Robert A.; Finkin, Matthew W.

• ISBN13: 9781587780608
• ISBN10: 1587780607
• Edition: 13TH
• Format: Hardcover
• Copyright: 2002-08-01
• Publisher: Foundation Pr

Table of Contents

Preface	v
Bibliography	vii
Table of Cases	xxv
Introduction	1	(3)
PART ONE The Evolution of Labor Relations Laws	4	(111)
``The Labor Problem'' and the Law	4	(7)
The Rise of the Labor Movement	11	(6)
Judicial Intervention	17	(32)
The Labor Injunction in Private Disputes	17	(14)
The Antitrust Laws	31	(18)
The Sherman Act	31	(7)
The Clayton Act and the Development of the Unions, 1890--1930	38	(11)
Legislative and Constitutional Protections	49	(29)
The Enactment of the Norris--Laguardia Act	49	(6)
The Sherman Act Reexamined	55	(5)
The Application of the Norris--Laguardia Act	60	(13)
Labor Activity and the Constitution	73	(5)
The Wagner Act	78	(9)
Origins and Constitutionality	78	(9)
The Taft--Hartley Act	87	(5)
The Landrum--Griffin Act	92	(1)
Jurisdiction, Organization and Procedure of the NLRB	93	(22)
NLRB Jurisdiction	93	(11)
NLRB Organization and Procedure	104	(11)
PART TWO The Establishment of the Collective Bargaining Relationship	115	(246)
Protection of the Right of Self--Organization	115	(148)
Interference, Restraint and Coercion	115	(76)
Restrictions on Solicitation and Distribution	116	(29)
Election Propaganda	145	(26)
Other Forms of Interference, Restraint or Coercion	171	(11)
Union Misconduct Affecting Self--Organization	182	(4)
An Empirical Postscript	186	(5)
Company Domination or Assistance	191	(28)
Discrimination	219	(31)
Remedies for Unfair Labor Practices	250	(13)
Selection of the Representative for the Purposes of Collective Bargaining	263	(48)
Grounds for Not Proceeding to an Investigation and Certification	264	(6)
Appropriate Bargaining Unit	270	(33)
Significance	270	(4)
Criteria for Unit Determinations	274	(6)
Single--Location Versus Multi--Location Unit	280	(9)
Multiemployer and Coordinated Bargaining	289	(14)
Review of Representation Proceedings	303	(8)
Securing Bargaining Rights Through Unfair Labor Practice Proceedings	311	(50)
PART THREE Negotiation of the Collective Bargaining Agreement	361	(152)
Exclusive Representation and Majority Rule	363	(21)
The Duty to Bargain in Good Faith	384	(43)
Subjects of Collective Bargaining	427	(60)
The Role of the Strike and Third-Party Impasse Resolution	487	(12)
The Premises of Collective Bargaining and the Role of the Strike	488	(1)
Facilitation of Voluntary Agreements	489	(3)
The Effect of a Strike Upon the Duty to Bargain	492	(7)
Bargaining Remedies	499	(14)
PART FOUR Strikes, Picketing and Boycotts	513	(199)
Rights of Employee Protesters Under the NLRA	514	(73)
Protected and Unprotected Concerted Activity	514	(34)
Employer Responses to Concerted Activities	548	(39)
Constitutional Limitations on Government Regulation	587	(24)
Fifth and Fourteenth Amendments	587	(3)
Picketing and Freedom of Communication	590	(21)
The National Labor Relations Act	611	(101)
Organizational and Recognition Picketing	611	(19)
Secondary Pressure	630	(63)
Under the Taft--Hartley Act	630	(25)
The 1959 Amendments: Consumer Appeals	655	(16)
Hot Cargo Clauses	671	(22)
Work Assignment Disputes	693	(8)
Featherbedding and Make--Work Arrangements	701	(5)
Violence and Union Responsibility	706	(2)
Remedies for Union Unfair Labor Practices	708	(4)
PART FIVE Administration of the Collective Agreement	712	(160)
The Collective Agreement and the Grievance Procedure	712	(4)
Grievance Arbitration	716	(30)
The Nature and Functions of Labor Arbitration	717	(3)
Discharge and Discipline	720	(8)
Subcontracting	728	(7)
The Effect of Past Practice and Public Law	735	(11)
Judicial Enforcement of Collective Agreements	746	(60)
The Role of the National Labor Relations Board and the Arbitrator During the Term of a Collective Agreement	806	(66)
Conduct Which Allegedly Violates Both the Contract and the Labor Act	807	(41)
The Duty to Bargain During the Term of an Existing Agreement	848	(24)
PART SIX Successorship	872	(28)
PART SEVEN Labor and the Antitrust Laws	900	(36)
PART EIGHT Federalism and Labor Relations	936	(82)
Preemption of State Labor Law: An Overview	936	(29)
Specific Applications: Representation, Bargaining and Concerted Activities	965	(53)
Selection of Bargaining Representative	966	(5)
Collective Bargaining	971	(32)
Enforcement of Collective Agreements	1003	(15)
PART NINE Reconsidering the Labor Act in the Contemporary Context	1018	(17)
The Changing Context	1021	(5)
Economic	1021	(1)
Demographic	1022	(1)
Employer Policies	1023	(1)
Law	1024	(2)
The ``Representation Gap''	1026	(1)
Labor Law Reform	1027	(8)
Strengthening the Labor Act	1028	(2)
Modifying the Restriction on Company Support of Labor Organizations	1030	(1)
Works Councils or Employee Participation Committees	1031	(2)
Non--Majority Representation	1033	(2)
PART TEN The Individual and the Union	1035	(204)
The Right to Fair Representation	1036	(52)
The Source and Enforcement of the Union's Duty	1037	(7)
The Union's Duty in Contract--Making	1044	(12)
The Individual and His Grievance	1056	(32)
Union Security and the Encouragement of Union Activity	1088	(52)
Union Security and the Use Of Union Dues	1089	(33)
State Right--to--Work Laws	1122	(3)
The Union Hiring Hall	1125	(9)
Benefits for Union Officials	1134	(6)
Discipline of Union Members	1140	(61)
The Effect of the National Labor Relations Act	1140	(27)
Judicial Supervision of Union Discipline	1167	(34)
The Discipline of Union Members Under the Labor--Management Reporting and Disclosure Act	1168	(19)
Union Discipline Under the Common Law	1187	(6)
Exhaustion of Internal Union Remedies	1193	(8)
Union Elections	1201	(27)
Corruption and Related Abuses	1228	(11)
Disclosure of Information	1233	(1)
Limitations on Union Officials	1234	(2)
Trusteeships	1236	(3)
Index	1239