Labor Management Relations and the Law

by Getman, Julius G.; Pogrebin, Bertrand B.; Gregory, David L.

• ISBN13: 9781566628082
• ISBN10: 1566628083
• Edition: 2nd
• Format: Paperback
• Copyright: 1999-08-01
• Publisher: Foundation Pr

Summary

An authoritative treatise to be used as a source of materials in conjunction with casebooks on labor management relations.

Table of Contents

Foreword	v
Table of Cases	xxv
Introduction	1	(19)
Union Organizing	20	(97)
Introduction	20	(2)
Chronological Overview	20	(1)
The Employer's Formal Election Campaign	21	(1)
The Election Process	22	(21)
The Employment Relationship	22	(6)
Unit Determination	28	(5)
Factors Affecting the Appropriateness of an Election Petition	33	(2)
Obtaining an Election When a Collective Bargaining Relationship Exists	35	(7)
Judicial Review	42	(1)
Regulating the Campaign	43	(13)
The Employer Campaign	43	(2)
The Union Campaign	45	(1)
Board Regulation	46	(3)
Free Choice---The Right to Information	49	(2)
Union Rights of Access and Reply	51	(5)
Regulating Campaign Content	56	(21)
The Need to protect Freedom of Choice	56	(1)
Protection Against Threats of Reprisal	57	(18)
The Board's Basic Approach to Campaign Regulation	75	(2)
Insulating Protected Activity From Economic Consequences	77	(11)
Retaliation Against Union Members	77	(6)
Plant Closings	83	(2)
The Concepts of Discrimination and Protected Activity	85	(3)
The Board's Remedial Power to Protect Freedom of Choice	88	(29)
Remedies Under the Act in General	88	(1)
Bargaining Orders	89	(7)
Union Access to Company Premises as a Remedy for Employer Unfair Labor Practices	96	(21)
Collective Bargaining	117	(69)
Exclusivity	117	(16)
The Statutory Scheme	117	(1)
The Role of Exclusivity in Limiting Employer Conduct	117	(7)
Impasse	124	(2)
The Role of Exclusivity in Limiting Actions by Employees	126	(3)
Limits on Exclusivity Based on the Duty of Fair Representation	129	(4)
The Distinction Between Mandatory and Permissive Bargaining Topics	133	(12)
The Statutory Scheme as Developed by the Board and Courts	133	(1)
The Role of Management Prerogatives in Defining the Distinction	134	(4)
Decision Bargaining vs. Effects Bargaining	138	(2)
Bargaining for Retired Employees	140	(1)
Protecting the Autonomy of Union-Employee Relations	141	(1)
Clauses Affecting the Integrity of the Bargaining Unit	142	(1)
The Practical Significance of the Mandatory/Permissive Distinction at the Bargaining Table	143	(2)
The Role of Law in Insuring Good Faith Bargaining	145	(17)
Defining Good Faith	145	(1)
The Elements of Good Faith	146	(4)
The Duty to Furnish Information	150	(5)
The Duty to Bargain During the Term of an Agreement	155	(7)
Bargaining and Strikes	162	(10)
The Central Role of Strikes in the American System of Collective Bargaining---The Minor Role of Law in Negotiations	162	(1)
The Protection of Economic Pressure by Section 7	163	(9)
Remedies for Refusals to Bargain	172	(14)
Failure to Bargain in Good Faith	172	(1)
Midterm Modification	173	(13)
The Enforcement of Rights Under Collective Agreements	186	(65)
The Relationship Between Collective Bargaining and Grievance Resolution	186	(7)
The Basic Model	186	(3)
The Impact of a Grievance System on an Ongoing Enterprise	189	(4)
The Reach of the Judicial Policy Favoring Arbitration	193	(11)
The Trilogy	193	(2)
Enforcement of the Promise to Arbitrate	195	(6)
The Enforcement of Arbitral Awards	201	(3)
Arbitration and the Discouragement of Strikes	204	(5)
The Basic Policy	204	(2)
The Courts and Boys Markets Injunctions	206	(3)
The Relationship Between the Union and The Individual Grievant in Arbitration	209	(12)
The Duty of Fair Representation	209	(10)
Procedural Requirements	219	(2)
The Role of Arbitraion in Enforcing Statutory Rights	221	(21)
The Problem of Competence	221	(4)
The Problem of Overlap	225	(1)
The Labor Board's Accommodation to Arbitration	226	(7)
The Role of the Courts in Adjusting the Relationship Between Arbitrators and Other Forums	233	(1)
The Role of the Courts in Adjusting the Relationship Between Arbitrators and the Board	234	(8)
Labor Arbitration and the Demise of Employment at Will	242	(9)
Union Economic Pressure: Strikes, Picketing, and Boycotts	251	(91)
Basic Concepts---Historical Development	251	(7)
The Constitutional Status of Strikes and Picketing	258	(6)
Introduction	258	(1)
The Constitutional Status of Inducements	258	(5)
Constitutional Protection of Refusal	263	(1)
The Regulation of Picketing in Support of Organizing	264	(13)
Introduction	264	(1)
Application of the National Labor Relations Act to Recognitional Picketing	265	(6)
Section 8(b)(7)(A): Picketing Where Another Union is Lawfully Recognized	271	(6)
Conclusion	277	(1)
Secondary Boycott Provisions	277	(16)
The Statutory Scheme	277	(2)
Primary vs. Secondary Activity	279	(9)
Consumer Picketing and Handbilling	288	(4)
Conclusion	292	(1)
Hot Cargo Agreements	293	(9)
Background	293	(1)
Primary--Secondary Distinction	294	(4)
Subcontracting Clauses	298	(1)
Picket Line Clauses	298	(1)
Sympathy Clauses and Struck Goods Clauses	299	(1)
The Construction Industry Proviso	300	(2)
The Garment Industry Proviso	302	(1)
Jurisdictional Disputes	302	(10)
The Statutory Scheme: Section 8(b)(4)(D) and Section 10(k)	302	(2)
The Violation	304	(8)
The Regulation of Strikes Through General Statutes Antitrust Laws and Labor Activity	312	(30)
Introduction	312	(1)
The Antitrust Legislation---The Early Applications	313	(7)
Post-Pennington-Jewel Applications	320	(3)
Current Applications	323	(4)
Conclusion	327	(15)
Regulating the Nature of Labor Management Relations	342	(28)
Company Unions and Illegal Assistance	342	(11)
The Basic Statutory Concept	342	(1)
The Components of Illegal Assistance	343	(2)
The Legitimation of Company Involvement: Support v. Cooperation	345	(6)
Worker Participation and Section 8(a)(2)	351	(2)
The Duty of Neutrality	353	(2)
The Midwest Piping Doctrine	353	(2)
The Legal Significance of Supervisory icipation in the Organization and Functioning of a Legitimate Labor Organization	355	(5)
The Basic Concepts	355	(1)
Evaluating Supervisory Participation in Union Affairs	356	(4)
Assistance Through Collective Bargaining	360	(10)
The Use of Funds Obtained Under Union Security Clauses	361	(4)
Union Hiring Halls	365	(5)
Federal Preemption of State Labor Laws	370	(38)
The Preemption Issue: Historical Note	370	(1)
Basic Principles in Preemption Cases	371	(1)
Early Development of Preemption Policy	372	(3)
State Regulation of Rights Protected by the Act	372	(1)
Taft-Hartley Amendments: Union Conduct Regulated	372	(1)
State Regulation of Union Violence	373	(1)
Discretionary Jurisdiction of the NLRB	374	(1)
Garmon: The Basic Principles Established	375	(4)
Applications of Garmon	379	(13)
State Regulation of Unions	379	(2)
State Regulation of Union Activity and Collective Bargaining	381	(3)
State Regulation of Property Rights: Trespass and Sears, Roebuck	384	(3)
Intentional Torts and the Farmer Balancing Test	387	(3)
Union-Union Member Disputes	390	(2)
The Free Play of Economic Forces: The Machinists Approach	392	(16)
Development of the Machinists Rule	392	(2)
Applications of Machinists: Strike Replacements	394	(1)
State Regulation of Strike Situations: Unemployment Benefits to Strikers	395	(2)
State Acting as Regulator or Proprietor	397	(11)
International and Extraterritorial Dynamics	408	(23)
Introduction	408	(1)
The World Trade Organization (WTO)	408	(2)
The International Labour Organizaton (ILO)	410	(3)
The North American Free Trade Agreement (NAFTA)	413	(18)
The North American Agreement on Labor Cooperation (NAALC)	414	(17)
Index	431