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Cases in Collective Bargaining and Industrial Relations contains 81 cases that vary in length, complexity and numbers of issues. A major objective of the book is to provide a means by which students can apply principles, concepts, and legal considerations to actual decision situations and confrontations between labor and management. These cases have been tested in seminars and classes, and are challenging, fascinating learning instruments. As in previous editions, the cases are divided into two parts. Part One presents National Labor Relations Board cases as restructured from published reports of the NLRB and court decisions. Part Two consists of cases adapted from grievance-arbitration decisions.
Part One: Legal Aspects of Collective Bargaining: National Labor Relations Board Cases Introduction to the Labor Management Relations Act (LMRA) Selected Bibliography Partial Text of the Labor Management Relations Act, 1947 Index to Cases for Part One1. Improper Interference with Union’s Freedom of Speech2. Supervisor or Member of Bargaining Unit? 3. Jurisdiction of the NLRB over a Government Contractor4. Surveillance of the Employee and Nonemployee Union Organizers5. Withholding a Wage Increase Prior to a Representational Election6. Independent Contractors or Employees? A Company’s Refusal to Bargain7. On the Dole: A Refusal to Bargain with a Properly Certified Union8. Racial/Ethnic Prejudice during a Union Representational Election9. Waiver to Arbitrate or Unlawful Refusal? 10. Claim of an Inability to Pay Wage Demands: What is Bargaining in Good Faith? 11. Was the Employee Involvement Committee a Violation of Labor Law? 12. A Penny Saved Was a Warning Not Earned13. Termination for Failure to Report Accident or for Solicitation of Employees14. Causes for Discharge: A Game of Ladders and Questions15. Discharge for Disruptive Conduct, or for Protected Union Activity? 16. Was the ESOP Leveraged Buyout Proposal Protected Concerted Activity? 17. The Distasteful and Offensive Definition of a “Scab”18. Deferral to an Existing Arbitration Award: Just Cause or Protected Activity? 19. Did the Employee Have the Right to Have a Union Representative Present? 20. Was Changing the Christmas Bonus Formula an Unfair Labor Practice? 21. Payment of a Signing Bonus to Nonstriking Employees22. Crossing Picket Lines: Union’s Right to Discipline? 23. Voluntary Participation Programs and Union Discipline24. Threats and Insubordination, or Performing a Shop Steward’s Job? 25. Judicial Review of the NLRB’s “Punitive” Remedy Concerning the Health Care Plan26. The Enforcement of No-Solicitation Rules: A Real Whopper27. Management Teams or Employee Involvement Committees: Authority to Put a Cork in It28. The Company’s Refusal to Provide a List of Disciplinary Work Rules29. The Obligation to Reduce the Agreement to a Written Contract30. Information Requests and the Duty to Bargain Collectively: Not Mickey Mouse31. A Presumption of Union Interference During a Decertification Election32. Threatening the Union Dissidents33. The Grievance-Processing Fee for Nonmembers in a Right-to-Work State34. The Union’s Letter to Nonmember Employees Who Crossed the Picket Line35. Resignation from the Union and Checkoff of Dues36. Were the Union’s Grievances an Unlawful Secondary Boycott? 37. Whose Work is it? Case of a Jurisdictional Dispute38. How Do I Get My Cookies? Information Requests to the Contract Part Two: Case Problems in Union-Management Relations: Cases from Grievance Arbitration Conflict Resolution, Grievance Procedures, and Arbitration Selected Bibliography Index to Cases for Part Two39. Who Should Maintain the Parks and Ballfields? 40. Health Insurance Coverage Unilaterally Changed by Public Employer41. A Changed Remedy for Misassignments42. Probation for the Teacher43. Appeal to Arbitration: A Day Late? 44. Denial of the Safety Incentive Prize45. Demoted or Reclassified? 46. Voluntary Resignation or Layoff? 47. The Doubtful Worker48. The Recalled Management Trainee49. The Right to Bid Down50. Taking Care of Union Business51. Sick Leave for Adoption Care52. An Issue of Reasonable Accommodation53. Refusal to Post the Union’s Memorandum54. Terminated for Possessing a Gun55. Are Teachers Obliged to Supervise Students in the Cafeteria? 56. Anti-Arab Comments: Cause for Discipline? 57. Abuse of a Senior Citizen Resident58. Ability and Seniority for Promotion: Which Controls? 59. Company Picnic: Employee Benefit or Gratuity60. An Error in Equalizing the Overtime61. Forced to Work on a Holiday62. Full Consideration to Seniority and Qualifications63. No Accommodation without an Examination64. Last Chance Violation: Strike Three or Overreaction? 65. Health Insurance Benefits for Same-Sex Domestic Partners66. Arbitrability of the Scheduling Past Practice67. How Should the Lead Skycap be Selected? 68. Post-Reinstatement Drug Testing69. Conflict of Interest Rules and Discharge for News Photographer70. Sickness and Accident Benefits Denied71. Self-Defense or Excessive Use of Force72. Egregious Horseplay73. No Reporting Pay74. Who Decides if an Employee is Unable to Work? 75. Internet Kiddie Pornography at Work: Just Cause for Discharge? 76. Unilateral Changes to the Absence Control Policy77. Wage Concession: Contract Violation or Authorized Wage Freeze? 78. Layoff of the Higher-Seniority Employees79. Cash Same as Stock? The Case of the 401k Contributions80. Vacation, or Layoff, During a Shutdown81. Discharge for Job Abandonment?