Labor Law: A Basic Guide to the National Labor Relations Act, 1st Edition (Hardback) book cover

Labor Law

A Basic Guide to the National Labor Relations Act, 1st Edition

By David E. Strecker

CRC Press

197 pages | 3 B/W Illus.

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pub: 2011-02-14
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Description

Whether you are a supervisor, a business owner, or an HR professional, it is essential that you understand the laws and rules governing how one treats employees and interacts with unions. In a comprehensive and accessible format, Labor Law: A Basic Guide to the National Labor Relations Act provides a practice-oriented foundation on labor law. The book sheds light on one of America's most important laws and one which is also, perhaps, the most misunderstood.

This book presents an overview of labor and employment laws such that managers may understand their rights as employers as well and their employees' rights. It covers an introduction to the topic of labor and employment law as well as a brief history within the United States. Other chapters deal with unions and union relations, collective bargaining agreements, grievances, labor arbitration, unfair labor practice proceedings, and strikes and lockouts. The author does not focus on complex regulations and convoluted case law, but distills them to reveal the essence of the NLRA and how it works.

As important as it is, at times labor law can seem counter-intuitive. Written by a highly experienced labor lawyer, this book contains concise explanations in an easy-to-use format. Clearly delineating a process that can be fraught with traps for the unwary, it supplies a quick reference that can be used in a crisis situation to understand the parameters of what you can and cannot do.

Table of Contents

INTRODUCTION TO LABOR AND EMPLOYMENT LAW

The Importance of Labor and Employment Law in Our Society

The Importance of Labor and Employment Law in Running a Business

Aims of this Book

An Explanation of Some Terms and the Basics of the legal system

A BRIEF HISTORY OF LABOR AND EMPLOYMENT LAW IN THE UNITED STATES

The Common Law Criminal Conspiracy Doctrine

Strikes and Violence

The Labor Injunction

The National Labor Relations Act

The Fair Labor Standards Act of 98

Civil Rights Statutes

Other Statutes

LABOR LAW: DEALING WITH LABOR UNIONS AND THE NATIONAL

LABOR RELATIONS ACT

An Overview of the National Labor Relations Act

Basic Rights of Employees

Unfair Labor Practices

Employer Unfair Labor Practices

Union Unfair Labor Practices

What Do You Do If Your Business Is Subject to a Union Organizing Drive

The Early Warning Signs

The Do’s and Don’ts

What You CAN’T Do

What You CAN Do

How to Deal with the Union Business Agents

How to Deal with Agents of the National Labor Relations Board

The Uses and Abuses of no-solicitation/no distribution Rules

The "Ins and Outs of a Labor Election

The Petition

The "Critical Period" Doctrine

The Bargaining Unit

Eligibility to Vote

Representation Hearing

"Consent vs "Stipulated" Elections

The Excelsior List

The "Big Blue Notice"

The Election Campaign

The Do’s and Don’t’s

Employer "Free Speech" rights

The Laboratory Conditions Standard

Methods of Campaigning

Captive Audience Speech

Common Union Strategies

The Campaign Calendar

Election Day

The Pre-Election Conference

The Mechanics of Setting Up the Polls

The Role of the Observers

The Voting Process

Ban on Electioneering In and Around the Polls

Where Should You Be During the Voting

The Challenge Process

Counting the Ballots

Objections to the Election

Bar Rules

Election Bar

Certification Bar

Contract Bar

Types of Election Petitions

RC Petition

RD Petition

RM Petition

UD Elections

UC Petitions

UA Petitions

A Word About the Employee Free Choice Act

LIVING WITH A UNION

Introduction

Bargaining for a Contract

The Duty to Bargain in Good Faith

The Duty to Exchange Information

Preparing for Contract Negotiations

Who is involved?

Set and prioritize goals

Strike preparation

Information gathering

The negotiation team

The first session

The typical process

Some pointers

Ratification

The Bermuda Rectangle of Labor Law: The relationship and interaction of contract expiration date-impasse-the duty to bargain-and the right to strike

Contract Extension Agreements

Strike Notification Agreements

The Role of Union Stewards, Business Agents, Etc

INTRODUCTION TO A COLLECTIVE BARGAINING AGREEMENT

Terminology

Legal Status of Collective Bargaining Agreement

An Examination of Common Clauses of Collective Bargaining Agreements

GRIEVANCES

What Is a Grievance?

Examples of Grievances

Grievance Procedures

The Supervisor’s Role in the Grievance Procedure

Investigating a Grievance

Some Miscellaneous Points about Grievances

LABOR ARBITRATION

What Is a Labor Arbitration?

The Legal Status of Labor Arbitration

How is An Arbitrator Selected?

Researching an Arbitrator

Preparing for a Labor Arbitration Hearing

The Arbitration Hearing Itself

Expedited Arbitration

Enforcement of Arbitration Awards

The Relationship of the National Labor Relations Act to the Arbitration

UNFAIR LABOR PRACTICE PROCEEDINGS

The Charge

The Investigation

Decision of the Regional Director

The Unfair Labor Practice Hearing and Its Aftermath

Remedies Which May Be Ordered By the Board

The Arbitration Hearing Itself

Expedited Arbitration

Enforcement of Arbitration Awards

The Relationship of the National Labor Relations Act to the Arbitration

STRIKES AND LOCKOUTS

Strikes

Definition and Legal Basis for a Strike

When May a Union Lawfully Strike?

When is a Union Prohibited from Striking?

Economic and Unfair Labor Practice Strikes

Unprotected Activities During an Otherwise Lawful Strike

Trespass

Violence

Blocking Entry and Exit

Damage to Property

Investigation of Picket Line Misconduct

In Plant Work Stoppages

Intermittent Strikes

Statements by Strikers Which Disparage the Employer’s Product or Service

Secondary Boycotts

Ambulatory Picketing

Common Situs Picketing

Construction Situation

The General Electric Scenario

Special Rules for Strikes at Health Care Establishments

Lockouts

About the Author

David E. Strecker has been practicing labor and employment law for over 30 years. He is admitted to practice in New York and Oklahoma and represents clients from all sectors of industry and business. His legal experience encompasses the full range of employment law, including labor relations, employment discrimination, wrongful termination, workplace safety, wage/hour matters, policy/handbook preparation, employment contracts, non-compete covenants, and employee benefits. He is an experienced advocate before state and federal courts and administrative agencies.

Mr. Strecker is a regular speaker at CLE Seminars and has published several articles on labor and employment law issues. He teaches Labor Relations at Oklahoma State University and Negotiation and Management Skills at the University of Tulsa. Mr. Strecker graduated from Cornell University with a Juris Doctorate (cum laude) and a Masters degree in Industrial and Labor Relations. He received his undergraduate degree (magna cum laude) from Westminster College in Fulton, Missouri. He is a member of the American Bar Association and the Oklahoma Bar Association. He is also a member of the Society for Human Resource Management. His name appears in The Best Lawyers in America and Who’s Who in America.

Subject Categories

BISAC Subject Codes/Headings:
BUS030000
BUSINESS & ECONOMICS / Human Resources & Personnel Management
BUS042000
BUSINESS & ECONOMICS / Management Science