Strecker Labor Law

A Basic Guide to the National Labor Relations Act
Erscheinungsjahr 2013
ISBN: 978-1-4398-5595-9
Verlag: Taylor & Francis
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, 197 Seiten

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.

Zielgruppe

Lawyers, law students, labor relations specialists, CEO's and operational managers, HR specialists.

Autoren/Hrsg.

Strecker, David E.

Fachgebiete

• Wirtschaftswissenschaften Betriebswirtschaft Bereichsspezifisches Management Personalwesen, Human Resource Management

Inhaltsverzeichnis

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

Über Autor(innen)

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.