Labor Law: A Basic Guide to the National Labor Relations Act

Labor Law: A Basic Guide to the National Labor Relations Act

by David E. Strecker

Hardcover(New Edition)

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Product Details

ISBN-13: 9781439855942
Publisher: Taylor & Francis
Publication date: 02/15/2011
Edition description: New Edition
Pages: 197
Product dimensions: 6.40(w) x 9.30(h) x 0.70(d)

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.

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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