Rabin, Silverstein, Schatzki and Dau-Schmidt's Labor and Employment Law: Problems, Cases and Materials in the Law of Work, 3D

by Peters, Stephanie J.

• ISBN13: 9780314257284
• ISBN10: 0314257284
• Edition: 3rd
• Format: Hardcover
• Copyright: 2002-01-01
• Publisher: West Group

Summary

Provides systematic study of the protection of concerted activity, the collective determination of terms and conditions of employment, and the means of enforcement of those bargains that are unique developments in our legal system. Considers other dimensions of workplace regulation. Uses the problem method for introducing areas of study and encouraging class participation. Organized around fair treatment of the individual worker; worker participation in governance of the workplace economy; health and safety; and economic security.

Table of Contents

Preface	p. iii
Authors' Thanks	p. v
Foreword	p. vii
Editorial Policy Committee	p. xi
The Labor Law Group	p. xiii
Acknowledgements and Permissions	p. xvii
Table of Cases	p. xxxvii
Fair Treatment of the Worker	p. 1
An Introductory Problem and Some Background for the Course	p. 2
Problem: The Worker Who Questions Authority	p. 2
The Lawyer's Toolbox	p. 4
Some Pervasive Themes in This Course	p. 6
Employment at Will	p. 11
The Contractarian Understanding of Work Relations	p. 11
Looking Beyond the Agreement	p. 47
An Overview of Equal Employment Opportunity Law	p. 72
Problem: The Attorney Who Does Not Make Partner	p. 72
Two Models of Proof	p. 82
When Differences Matter (Or Not)	p. 101
Shall we Swallow Employees, Their Freedom, and Their Statutory Rights Into the World of Contracts and Arbitration?	p. 165
Via Covenants Not to Compete, Can a Former Employer Preclude an Employee From Working? If it is the Employer Who Terminates the Contract, is the Covenant Not to Compete Still Effective?	p. 165
The "Conflict" of Statute and Contract	p. 171
An Introduction to Another Exception to Employment at Will--Union and Concerted Activities	p. 190
The Requirement of Concertedness	p. 191
The Bright, Elusive Line Between Concerted Activity That is Protected and That is Not Protected	p. 192
Motive (Revisited) in an Anti-Union Setting	p. 197
Participation in Workplace Governance	p. 200
Two Models of Workplace Participation	p. 200
The Boundaries, Perks and Obligations of Representation	p. 252
The Road to Representation	p. 309
What Do We Talk About When We Talk About Work?--The Law That Regulates Collective Bargaining	p. 352
Negotiating in the Shadow of Economic Weapons	p. 398
Applying and Enforcing the Compact	p. 466
Using More Global Economic Weapons	p. 487
Health and Safety in the Workplace	p. 520
The Common Law Response to Employee Injuries	p. 528
A Class Discussion About Workers' Compensation Laws	p. 531
Occupational Safety and Health Act of 1970	p. 538
Problem 3-1	p. 578
The Worker Who Takes Matters Into Her Own Hands--Problem 3-2	p. 607
Problem 3-3	p. 639
Problem 3-4	p. 663
Economic Security and Capital Mobility	p. 682
Introduction	p. 683
Legal Responses to Accelerated Capital Mobility	p. 698
International Business Transactions and the Law of Work	p. 819
Transnational Labor Standards and the Global Economy	p. 845
Index	p. 881
Table of Contents provided by Syndetics. All Rights Reserved.