Labor Guide to Labor Law - Bruce S. Feldacker - Hardcover - 2nd ed Book

	Preface	xiii
	About the Fourth Edition	xv
	Explanation of Legal Case and Statutory Citations	xvii
	About the Author	xix
Chapter 1	Federal Regulation of Labor-Management Relations: A Statutory and Structural Overview	1
Part I	The Historical Development of the Labor Management Relations Act	1
A.	Collective Bargaining before the Statutory Era	1
B.	The Railway Labor Act	3
C.	The Norris-LaGuardia Act	3
D.	The National Labor Relations Act	3
E.	The Taft-Hartley Act (The Labor Management Relations Act)	4
F.	The Landrum-Griffin Act	4
G.	The Postal Reorganization Act	5
H.	The Health Care Amendments	5
I.	The Religious Belief Exemption	5
Part II	An Overview of the Labor Management Relations Act in Current Form	5
A.	Basic Structure and Definitions: Sections 1 Through 6	5
B.	Sections 7 and 8: The Unfair Labor Practice Sections	6
C.	Section 9: Election Procedures	6
D.	Section 10: Enforcement of the Unfair Labor Practice Provisions	7
E.	Protection of the Right to Strike: Section 13	7
F.	Titles II and III of the Act	8
Part III	Structure and Procedure of the National Labor Relations Board	8
A.	The National Labor Relations Board and the General Counsel	9
B.	The Regional Offices	9
C.	Jurisdiction of the NLRB	12
D.	Processing an Unfair Labor Practice Charge	14
E.	Procedure in Representation Cases	26
F.	Consolidated Unfair Labor Practice and Representation Proceedings	36
G.	Other Agencies Administering Labor Law	36
Chapter 2	The Collective Bargaining Unit and Representation Elections	43
A.	Determining the Appropriate Bargaining Unit	43
B.	Exclusion of Employees from the Bargaining Unit	56
C.	Election Timing and Procedures	67
D.	Voter Eligibility	74
E.	Collective Bargaining Units under the Railway Labor Act	78
Chapter 3	Union Organizing Rights and Election Campaigns	91
A.	Obtaining Recognition Cards	91
B.	Union Solicitation and Distribution of Campaign Literature	94
C.	Employer Anti-Union Speeches on Company Time	102
D.	Free Union Membership as a Campaign Technique	103
E.	Incentives to Attend Campaign Meetings, Gifts, or Other Financial Assistance to Supporters or Potential Voters	104
F.	Board Regulation of Campaign Statements	107
G.	Benefit or Payroll Practice Changes during an Election Campaign	113
H.	Employer Discrimination during an Election Campaign	113
I.	Interrogation, Surveillance, and the Impression of Surveillance	114
J.	Union or Employee Misconduct	117
K.	Conduct of Outside Parties	118
L.	Election Procedure and Conduct during the Election	119
M.	Procedures for Challenging an Election	121
N.	Remedies for Employer Unfair Labor Practices: The Bargaining Order	121
O.	Organizing Rights under the Railway Labor Act	126
Chapter 4	Protection of the Employee's Right to Union Representation	141
A.	The Doctrine of Exclusive Representation	142
B.	Employer Domination or Interference with a Union	143
C.	Protection of the Right of Concerted Activity	153
D.	Discrimination as to Hire, Tenure, or Terms and Conditions of Employment	165
E.	Protection for Testifying in Board Proceedings	176
F.	Protection of Employee Rights under the Railway Labor Act	176
Chapter 5	The Duty to Bargain	191
A.	Inception and Duration of the Bargaining Obligation	191
B.	The Negotiation Process	201
C.	Subjects for Bargaining	208
D.	The Employer's Duty to Bargain before Changing Conditions of Employment	212
E.	The Duty to Provide Information for Bargaining	227
F.	The Bargaining Duty of Successor Employers	232
G.	The Bargaining Obligation of Alter-Ego and Double-Breasted Employers	235
H.	The Duty to Bargain and Successor Unions	237
I.	Time Limits and Remedies in Refusal-to-Bargain Cases	238
J.	The Duty to Bargain under the Railway Labor Act	240
Chapter 6	Strikes, Striker Rights, and Lockouts	261
A.	Statutory Protection of the Right to Strike	261
B.	Economic versus Unfair Labor Practice Strikes	263
C.	Loss of Recall or Reinstatement Rights	269
D.	Discrimination against Strikers	272
E.	Right to Pay While on Strike	275
F.	Strike Settlement Agreements	275
G.	Sympathy Strikers	276
H.	Contractual Restrictions on the Right to Strike	278
I.	Exceptions to No-Strike Clauses	281
J.	Lockouts	284
K.	Strikes under the Railway Labor Act	285
Chapter 7	Picketing, Boycotts, and Related Activity	296
A.	An Overview of Section 8(b)(4)	296
B.	The Primary/Secondary Picketing Distinction	297
C.	Common Situs Picketing	300
D.	Reserved Gates--The Moore Dry Dock Standards	301
E.	Secondary Employers at the Primary Situs: The General Electric Rules	308
F.	Publicity Campaigns and Product Picketing	310
G.	The Ally Doctrine	316
H.	Substandard Wages Picketing	318
I.	Organizational and Recognitional Picketing	318
J.	Picketing or Handbilling on Private Property or of a Private Residence	323
K.	Remedies for Section 8(b)(4) and 8(b)(7) Violations	326
L.	Special Requirements for Primary Picketing or Strikes in the Health Care Industry	328
M.	The Corporate Campaign	328
N.	Secondary Activity under the Railway Labor Act	331
Chapter 8	Union Regulation of Work and the Antitrust Laws: Hot Cargo Agreements, Jurisdictional Disputes, and the Featherbedding	342
Part I	Hot Cargo Clauses	342
A.	The Purpose and General Coverage of Section 8(e)	342
B.	The Application of Section 8(e) to Picket Line, Subcontracting, and Successorship Clauses	343
Part II	Work Assignment Disputes	357
A.	Voluntary Agreements to Resolve Jurisdictional Disputes	357
B.	Coercive Activity to Trigger a Section 10(k) Proceeding	358
C.	The Need for Two Competing Employee Group Claims	359
D.	Factors Used in Assigning Disputed Work	361
E.	The Critical Importance of the Employer's Assignment	361
Part III	Featherbedding	362
A.	Requiring Unnecessary Work	362
B.	Employees' Willingness to Do Unnecessary Work	363
Part IV	Unions and the Antitrust Laws	363
A.	The Sherman Antitrust Act	363
B.	The Clayton Act	364
C.	The Norris-LaGuardia Act	364
D.	The Current Basic Rule: Unions Acting Alone in Their Own Self-Interest	365
E.	Multi-Employer Agreements and the Antitrust Laws (The Pennington and Jewel Tea Decisions)	366
F.	The Public Policy Exemption for Agreements Arising out of a Collective Bargaining Relationship (The Connell Construction and Pro Football, Inc. Cases)	367
G.	Market Recovery and Job Targeting Programs under the Antitrust Laws	370
Chapter 9	Enforcement of Collective Bargaining Agreements and the Duty to Arbitrate	381
A.	Union and Employee Rights to File Section 301 Action	382
B.	Jurisdictional and Procedural Requirements of a Section 301 Suit	382
C.	Enforcement of Agreements to Arbitrate and Arbitration Awards: The "Steelworkers Trilogy"	384
D.	Procedural Defenses to Arbitration	393
E.	Expiration of the Duty to Arbitrate	394
F.	Employer's Duty to Grieve over a Union Breach of Contract	397
G.	Tripartite Arbitration	397
H.	Arbitration of Successorship Rights	398
I.	Injunctions Pending Arbitration	399
J.	Interest Arbitration	400
K.	Procedures for Determining Arbitrability and Time Limits on Suits to Compel Arbitration, to Enforce an Award, or to Vacate an Award	401
L.	Arbitration and the NLRB	403
M.	Enforcement of Collective Bargaining Agreements under the Railway Labor Act	408
Chapter 10	Union Membership and Union Security	421
A.	The Union as an Unincorporated Association	421
B.	The Contractual Relationship between a Union and its Members	423
C.	The Right to Union Membership	424
D.	Required Union "Membership"	424
E.	Resignation from the Union	446
F.	Right-to-Work Laws	448
G.	Contractual Checkoff Provisions	448
H.	Hiring Halls	450
Chapter 11	Rights and Responsibilities of Union Members	463
A.	Coverage of the Labor-Management Reporting and Disclosure Act	463
B.	Equal Rights for Union Members (LMRDA Section 101(a)(1))	465
C.	The Member's Right of Free Speech (LMRDA Section 101(a)(2))	467
D.	Dues Increases (LMRDA Section 101(a)(3))	471
E.	Election Procedures: Title I versus Title IV	471
F.	Union Disciplinary Authority over its Members	473
G.	Required Procedures for Imposing Internal Discipline (LMRDA Section 101(a)(5))	478
H.	Control over the Amount of Union Fines of Members	479
I.	Membership Suits against Unions: The Exhaustion Requirement (LMRDA Sections 101(a)(4) and 102)	480
Chapter 12	The Duty of Fair Representation	491
A.	The Development of the Fair Representation Doctrine	491
B.	Union Discretion to Arbitrate	492
C.	Perfunctory Processing as a Violation of Fair Representation: The Hines Decision	493
D.	Union Negligence as a Violation of Fair Representation	495
E.	Applications of the Fair Representation Doctrine	496
F.	Remedies for a Breach of the Duty of Fair Representation	499
Chapter 13	Equal Employment Opportunity	509
A.	An Overview of Title VII	509
B.	The Basic Categories of Unlawful Discrimination: Disparate Treatment and Disparate Impact	512
C.	Sex Discrimination	521
D.	Religious Discrimination	529
E.	Age Discrimination	531
F.	The Americans with Disabilities Act	534
G.	The Family and Medical Leave Act	537
H.	Other Remedies against Employment Discrimination: The Civil Rights Acts of 1866 and 1871 (42 U.S.C. Sections 1981 and 1983)	540
I.	Reverse Discrimination and Voluntary Affirmative Action Programs	542
J.	Enforcing Rights Protected under the Civil Rights Acts	545
K.	Remedies for Civil Rights Violations	551
L.	The Role of Arbitration in Eliminating Discrimination	558
M.	The NLRB's Role in Eliminating Discrimination	561
Chapter 14	Federal-State Relationships in Labor Relations	580
A.	The Preemption Doctrine	580
B.	Federal Court Exceptions to the Board's Primary Jurisdiction	583
C.	State Court Exceptions to the Preemption Doctrine	584
D.	Preemption of Conduct Not Regulated by Federal Law	585
E.	Employers Not Subject to the Board's Jurisdiction	587
F.	Sections 301, 303, and Federal Antitrust Preemption of State Regulation	587
G.	Preemption of Employee Civil Suits by the Grievance Procedure	588
H.	Retaliatory Lawsuits	590
	Answers to Review Questions	597
	Statutory Appendices	615
	Index	643