1st Edition

Labor Law
A Basic Guide to the National Labor Relations Act




ISBN 9781439855942
Published February 14, 2011 by CRC Press
197 Pages 3 B/W Illustrations

USD $105.00

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Book 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

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Author(s)

Biography

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.