Items
Details
Table of Contents
V. 1: pt. I: History of the National Labor Relations Act
ch. 1. Historical background of the Wagner act
The inadequacies of judicial regulation
The rise of Federal regulation
An affirmative National labor policy: the ancestry of the Wagner act
ch. 2. The Wagner act period
The political climate
The role of Senator Wagner
The National Labor Relations Act: the beginning of an era
Criticism of the act: one-sided legislation
ch. 3. The Taft-Hartley changes
Industrial unrest and congressional response
The new amendments
The reaction
ch. 4. The Landrum-Griffin changes
The impetus of Legislative investigation
The political climate
Senate action
Struggle in the house
Reconciling title vii
The completed version
ch. 5. The post-Landrum-Griffin period
Jurisdiction over United States Postal Service
Section 302 amendments and additional bargaining subjects
Health care institution amendments
Religious conscientious objectors exempted from union-security coverage
Unsuccessful efforts to amend the basic act
pt. II: Protected employee activity
ch. 6. Interference with protected rights
Overview
Organizational and preelection activity
Other concerted activity
Union restraint and coercion
ch. 7. Discriminaiton in employment
Discrimination as an unfair labor practice
Employer discrimination
Union inducement of employer to discriminate
Discrimination because of involvement with NLRB procedures: section 8(a)(4)
Remedial orders in discrimination cases
Judicial review in discrimination cases
ch. 8. Employer domination of and assistance to labor organizations
Introduction: section 8(a)(2)
Labor organization defined
Employer domination
Employer interference
The requirement of employer neutrality
Support versus cooperation
The union as party to the employer's domination, assistance, or support
Remedies
pt. III: The representation process and union recognition
ch. 9. Restrictions on preelection activity: "laboratory conditions"
Introduction
Grounds for setting aside elections
Remedies
ch. 10. Representation proceedings and elections
Questions concerning representation
Timelines of petitions
Election procedures
ch. 11: Appropriate bargaining units
Background
General factors in unit determinations
Types of units
ch. 12. Recognition and withdrawal of recognition without an election
Introduction
History
Elements of a bargaining obligation in the absence of an election
Bargaining obligation established by employer card checks, polls, and other independent means
Defenses to the remedial bargaining order
Withdrawal of recognition
pt. IV: The collective bargaining process
ch. 13. The duty to bargain
Introduction
Per se violations
The good-faith requirement
The duty to furnish information
Economic pressure during bargaining
Bargaining impasses
Defenses and exceptions: waiver, suspension, and termination of bargaining rights
The construction industry: section 8(f)
Notice to terminate or modify the labor agreement
Coalition or coordinated bargaining
Bargaining during the term of an existing agreement
Dual employer operations: The "double-breasted" issue"
Ch. 14. Effect of change in bargaining representative during the term of a collective bargaining agreement
Context in which the issue arises
Rights and obligations of new bargaining representative and employer under contract with prior representative
Mergers and transfers of affiliation
ch. 15. Effect of change in the employing unit: successorship
Scope of the topic
Historical development
Sucessorship and the bargaining obligation
Successorship and the contractual obligation
Successorship and the contract-bar doctrine
Liability of successor for predecessor's unfair labor practices
ch. 16. Subjects of bargaining
Introduction
Historical background
Development of the distinction between "mandatory" and "permissive"
Mandatory subjects of bargaining
Permissive subjects of bargaining
Illegal subjects of bargaining
pt. v: Arbitration and the act
ch. 17. Relation of board action to enforcement of agreements under section 301
Introduction
Section 10(a) power of the board
Scope and purpose of section 301
Injunctions in aid of arbitration: section 301 versus Norris-LaGuardia
NLRB interpretation of the collective bargaining agreement
ch. 18. Accommodation of board action to the arbitration process
Introduction and historical development
Prearbitral deferral: applying the Collyer doctrine
Postarbitral deferral: applying the Spielberg standards
Other factors affecting the board's postarbitral deferral policy
Response of the reviewing court to the board's deferral standards
Collyer and Spielberg evaluated
pt. vi: Economic action
ch. 19. The primary strike
Introduction: the right to strike
Strikes protected under the act
Unprotected and prohibited strikes
Rights of employees respecting picket lines: sympathy strikes
ch. 20. The lockout
Introduction: historical perspective
Current dimensions
ch 21. Picketing for organization and recognition
Introduction: recognitional picketing in history
Picketing defined
Proscribed organizational or recognitional objective
Picketing when another union is currently recognized
Picketing within twelve months of a valid election
Picketing of unreasonable duration absent a petition
Picketing of unreasonable duration absent a petition
The informational picketing proviso
ch. 22. Secondary strikes and picketing
Introduction: development of the law
Section 8(b) (4)(B): prohibited secondary activity defined
Actions for damages under section 303
Political boycotts
ch. 23. Handbilling and consumer picketing
The generally protected nature of handbilling and picketing
Handbilling
Consumer picketing
ch. 24. Section 8(e): The "hot-cargo" agreement
Introduction: the law before Landrum-Griffin
Enactment of section 8(e): agreements to boycott prohibited
Interpretation and application
ch. 25. Jurisdicitonal disputes and "featherbedding"
Introduction
Jurisdictional disputes
"Featherbedding"
pt. vii: Relations between employee and union
ch. 26. The duty of fair representation
Introduction: origin of the duty
Jurisdiction and procedures to enforce the duty
Nature of the duty
Remedies
ch. 27. Union security
Introduction: historical evolution
Required membership
the union shop
Variations: the agency shop and maintenance of membership
Section 14(b) and state "right-to-work" laws
Hiring-hall and job-referral practices
The dues checkoff
Constitutional dimensions and other statutory requirements
pt. viii: Administration of the act
ch. 28. Jurisdiction: coverage of the act
Constitutionality
Statutory jurisdiction
Definitions and limitations on coverage
Discretionary administrative jurisdictional standards
ch. 29. Federal preemption of state regulation
Introduction
Evolution of preemption doctrine
Garmon preemption in specific situations
Preemption under section 301
Preemptive effect of other statutory provisions
ch. 30. Accommodations to other federal enactments
The NLRA and the antitrust law
The NLRA and the bankruptcy code
ch. 31. NLRB procedures
Organization of board and office of general counsel
Procedures in representation cases
Procedures in unfair labor practice cases
Procedures applicable to all cases
The NLRB and rulemaking
ch. 32. NLRB orders and remedies
General principles
Orders in representation cases (section 9)
Orders and remedies in complaint cases (section 10)
Ch. 33. Judicial review and enforcement
Introduction
Appellate review and enforcement
Direct review and enforcement
Text of national labor relations act as amended by the labor-management relations act.
ch. 1. Historical background of the Wagner act
The inadequacies of judicial regulation
The rise of Federal regulation
An affirmative National labor policy: the ancestry of the Wagner act
ch. 2. The Wagner act period
The political climate
The role of Senator Wagner
The National Labor Relations Act: the beginning of an era
Criticism of the act: one-sided legislation
ch. 3. The Taft-Hartley changes
Industrial unrest and congressional response
The new amendments
The reaction
ch. 4. The Landrum-Griffin changes
The impetus of Legislative investigation
The political climate
Senate action
Struggle in the house
Reconciling title vii
The completed version
ch. 5. The post-Landrum-Griffin period
Jurisdiction over United States Postal Service
Section 302 amendments and additional bargaining subjects
Health care institution amendments
Religious conscientious objectors exempted from union-security coverage
Unsuccessful efforts to amend the basic act
pt. II: Protected employee activity
ch. 6. Interference with protected rights
Overview
Organizational and preelection activity
Other concerted activity
Union restraint and coercion
ch. 7. Discriminaiton in employment
Discrimination as an unfair labor practice
Employer discrimination
Union inducement of employer to discriminate
Discrimination because of involvement with NLRB procedures: section 8(a)(4)
Remedial orders in discrimination cases
Judicial review in discrimination cases
ch. 8. Employer domination of and assistance to labor organizations
Introduction: section 8(a)(2)
Labor organization defined
Employer domination
Employer interference
The requirement of employer neutrality
Support versus cooperation
The union as party to the employer's domination, assistance, or support
Remedies
pt. III: The representation process and union recognition
ch. 9. Restrictions on preelection activity: "laboratory conditions"
Introduction
Grounds for setting aside elections
Remedies
ch. 10. Representation proceedings and elections
Questions concerning representation
Timelines of petitions
Election procedures
ch. 11: Appropriate bargaining units
Background
General factors in unit determinations
Types of units
ch. 12. Recognition and withdrawal of recognition without an election
Introduction
History
Elements of a bargaining obligation in the absence of an election
Bargaining obligation established by employer card checks, polls, and other independent means
Defenses to the remedial bargaining order
Withdrawal of recognition
pt. IV: The collective bargaining process
ch. 13. The duty to bargain
Introduction
Per se violations
The good-faith requirement
The duty to furnish information
Economic pressure during bargaining
Bargaining impasses
Defenses and exceptions: waiver, suspension, and termination of bargaining rights
The construction industry: section 8(f)
Notice to terminate or modify the labor agreement
Coalition or coordinated bargaining
Bargaining during the term of an existing agreement
Dual employer operations: The "double-breasted" issue"
Ch. 14. Effect of change in bargaining representative during the term of a collective bargaining agreement
Context in which the issue arises
Rights and obligations of new bargaining representative and employer under contract with prior representative
Mergers and transfers of affiliation
ch. 15. Effect of change in the employing unit: successorship
Scope of the topic
Historical development
Sucessorship and the bargaining obligation
Successorship and the contractual obligation
Successorship and the contract-bar doctrine
Liability of successor for predecessor's unfair labor practices
ch. 16. Subjects of bargaining
Introduction
Historical background
Development of the distinction between "mandatory" and "permissive"
Mandatory subjects of bargaining
Permissive subjects of bargaining
Illegal subjects of bargaining
pt. v: Arbitration and the act
ch. 17. Relation of board action to enforcement of agreements under section 301
Introduction
Section 10(a) power of the board
Scope and purpose of section 301
Injunctions in aid of arbitration: section 301 versus Norris-LaGuardia
NLRB interpretation of the collective bargaining agreement
ch. 18. Accommodation of board action to the arbitration process
Introduction and historical development
Prearbitral deferral: applying the Collyer doctrine
Postarbitral deferral: applying the Spielberg standards
Other factors affecting the board's postarbitral deferral policy
Response of the reviewing court to the board's deferral standards
Collyer and Spielberg evaluated
pt. vi: Economic action
ch. 19. The primary strike
Introduction: the right to strike
Strikes protected under the act
Unprotected and prohibited strikes
Rights of employees respecting picket lines: sympathy strikes
ch. 20. The lockout
Introduction: historical perspective
Current dimensions
ch 21. Picketing for organization and recognition
Introduction: recognitional picketing in history
Picketing defined
Proscribed organizational or recognitional objective
Picketing when another union is currently recognized
Picketing within twelve months of a valid election
Picketing of unreasonable duration absent a petition
Picketing of unreasonable duration absent a petition
The informational picketing proviso
ch. 22. Secondary strikes and picketing
Introduction: development of the law
Section 8(b) (4)(B): prohibited secondary activity defined
Actions for damages under section 303
Political boycotts
ch. 23. Handbilling and consumer picketing
The generally protected nature of handbilling and picketing
Handbilling
Consumer picketing
ch. 24. Section 8(e): The "hot-cargo" agreement
Introduction: the law before Landrum-Griffin
Enactment of section 8(e): agreements to boycott prohibited
Interpretation and application
ch. 25. Jurisdicitonal disputes and "featherbedding"
Introduction
Jurisdictional disputes
"Featherbedding"
pt. vii: Relations between employee and union
ch. 26. The duty of fair representation
Introduction: origin of the duty
Jurisdiction and procedures to enforce the duty
Nature of the duty
Remedies
ch. 27. Union security
Introduction: historical evolution
Required membership
the union shop
Variations: the agency shop and maintenance of membership
Section 14(b) and state "right-to-work" laws
Hiring-hall and job-referral practices
The dues checkoff
Constitutional dimensions and other statutory requirements
pt. viii: Administration of the act
ch. 28. Jurisdiction: coverage of the act
Constitutionality
Statutory jurisdiction
Definitions and limitations on coverage
Discretionary administrative jurisdictional standards
ch. 29. Federal preemption of state regulation
Introduction
Evolution of preemption doctrine
Garmon preemption in specific situations
Preemption under section 301
Preemptive effect of other statutory provisions
ch. 30. Accommodations to other federal enactments
The NLRA and the antitrust law
The NLRA and the bankruptcy code
ch. 31. NLRB procedures
Organization of board and office of general counsel
Procedures in representation cases
Procedures in unfair labor practice cases
Procedures applicable to all cases
The NLRB and rulemaking
ch. 32. NLRB orders and remedies
General principles
Orders in representation cases (section 9)
Orders and remedies in complaint cases (section 10)
Ch. 33. Judicial review and enforcement
Introduction
Appellate review and enforcement
Direct review and enforcement
Text of national labor relations act as amended by the labor-management relations act.