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| Preface | |
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| About the Fourth Edition | |
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| Explanation of Legal Case and Statutory Citations | |
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| About the Author | |
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| Federal Regulation of Labor-Management Relations: A Statutory and Structural Overview | |
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| The Historical Development of the Labor Management Relations Act | |
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| Collective Bargaining before the Statutory Era | |
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| The Railway Labor Act | |
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| The Norris-LaGuardia Act | |
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| The National Labor Relations Act | |
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| The Taft-Hartley Act (The Labor Management Relations Act) | |
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| The Landrum-Griffin Act | |
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| The Postal Reorganization Act | |
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| The Health Care Amendments | |
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| The Religious Belief Exemption | |
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| An Overview of the Labor Management Relations Act in Current Form | |
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| Basic Structure and Definitions: Sections 1 Through 6 | |
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| Sections 7 and 8: The Unfair Labor Practice Sections | |
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| Section 9: Election Procedures | |
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| Section 10: Enforcement of the Unfair Labor Practice Provisions | |
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| Protection of the Right to Strike: Section 13 | |
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| Titles II and III of the Act | |
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| Structure and Procedure of the National Labor Relations Board | |
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| The National Labor Relations Board and the General Counsel | |
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| The Regional Offices | |
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| Jurisdiction of the NLRB | |
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| Processing an Unfair Labor Practice Charge | |
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| Procedure in Representation Cases | |
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| Consolidated Unfair Labor Practice and Representation Proceedings | |
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| Other Agencies Administering Labor Law | |
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| The Collective Bargaining Unit and Representation Elections | |
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| Determining the Appropriate Bargaining Unit | |
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| Exclusion of Employees from the Bargaining Unit | |
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| Election Timing and Procedures | |
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| Voter Eligibility | |
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| Collective Bargaining Units under the Railway Labor Act | |
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| Union Organizing Rights and Election Campaigns | |
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| Obtaining Recognition Cards | |
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| Union Solicitation and Distribution of Campaign Literature | |
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| Employer Anti-Union Speeches on Company Time | |
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| Free Union Membership as a Campaign Technique | |
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| Incentives to Attend Campaign Meetings, Gifts, or Other Financial Assistance to Supporters or Potential Voters | |
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| Board Regulation of Campaign Statements | |
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| Benefit or Payroll Practice Changes during an Election Campaign | |
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| Employer Discrimination during an Election Campaign | |
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| Interrogation, Surveillance, and the Impression of Surveillance | |
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| Union or Employee Misconduct | |
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| Conduct of Outside Parties | |
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| Election Procedure and Conduct during the Election | |
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| Procedures for Challenging an Election | |
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| Remedies for Employer Unfair Labor Practices: The Bargaining Order | |
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| Organizing Rights under the Railway Labor Act | |
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| Protection of the Employee's Right to Union Representation | |
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| The Doctrine of Exclusive Representation | |
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| Employer Domination or Interference with a Union | |
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| Protection of the Right of Concerted Activity | |
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| Discrimination as to Hire, Tenure, or Terms and Conditions of Employment | |
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| Protection for Testifying in Board Proceedings | |
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| Protection of Employee Rights under the Railway Labor Act | |
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| The Duty to Bargain | |
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| Inception and Duration of the Bargaining Obligation | |
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| The Negotiation Process | |
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| Subjects for Bargaining | |
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| The Employer's Duty to Bargain before Changing Conditions of Employment | |
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| The Duty to Provide Information for Bargaining | |
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| The Bargaining Duty of Successor Employers | |
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| The Bargaining Obligation of Alter-Ego and Double-Breasted Employers | |
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| The Duty to Bargain and Successor Unions | |
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| Time Limits and Remedies in Refusal-to-Bargain Cases | |
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| The Duty to Bargain under the Railway Labor Act | |
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| Strikes, Striker Rights, and Lockouts | |
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| Statutory Protection of the Right to Strike | |
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| Economic versus Unfair Labor Practice Strikes | |
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| Loss of Recall or Reinstatement Rights | |
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| Discrimination against Strikers | |
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| Right to Pay While on Strike | |
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| Strike Settlement Agreements | |
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| Sympathy Strikers | |
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| Contractual Restrictions on the Right to Strike | |
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| Exceptions to No-Strike Clauses | |
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| Lockouts | |
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| Strikes under the Railway Labor Act | |
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| Picketing, Boycotts, and Related Activity | |
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| An Overview of Section 8(b)(4) | |
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| The Primary/Secondary Picketing Distinction | |
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| Common Situs Picketing | |
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| Reserved Gates--The Moore Dry Dock Standards | |
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| Secondary Employers at the Primary Situs: The General Electric Rules | |
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| Publicity Campaigns and Product Picketing | |
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| The Ally Doctrine | |
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| Substandard Wages Picketing | |
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| Organizational and Recognitional Picketing | |
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| Picketing or Handbilling on Private Property or of a Private Residence | |
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| Remedies for Section 8(b)(4) and 8(b)(7) Violations | |
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| Special Requirements for Primary Picketing or Strikes in the Health Care Industry | |
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| The Corporate Campaign | |
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| Secondary Activity under the Railway Labor Act | |
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| Union Regulation of Work and the Antitrust Laws: Hot Cargo Agreements, Jurisdictional Disputes, and the Featherbedding | |
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| Hot Cargo Clauses | |
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| The Purpose and General Coverage of Section 8(e) | |
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| The Application of Section 8(e) to Picket Line, Subcontracting, and Successorship Clauses | |
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| Work Assignment Disputes | |
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| Voluntary Agreements to Resolve Jurisdictional Disputes | |
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| Coercive Activity to Trigger a Section 10(k) Proceeding | |
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| The Need for Two Competing Employee Group Claims | |
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| Factors Used in Assigning Disputed Work | |
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| The Critical Importance of the Employer's Assignment | |
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| Featherbedding | |
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| Requiring Unnecessary Work | |
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| Employees' Willingness to Do Unnecessary Work | |
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| Unions and the Antitrust Laws | |
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| The Sherman Antitrust Act | |
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| The Clayton Act | |
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| The Norris-LaGuardia Act | |
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| The Current Basic Rule: Unions Acting Alone in Their Own Self-Interest | |
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| Multi-Employer Agreements and the Antitrust Laws (The Pennington and Jewel Tea Decisions) | |
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| The Public Policy Exemption for Agreements Arising out of a Collective Bargaining Relationship (The Connell Construction and Pro Football, Inc. Cases) | |
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| Market Recovery and Job Targeting Programs under the Antitrust Laws | |
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| Enforcement of Collective Bargaining Agreements and the Duty to Arbitrate | |
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| Union and Employee Rights to File Section 301 Action | |
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| Jurisdictional and Procedural Requirements of a Section 301 Suit | |
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| Enforcement of Agreements to Arbitrate and Arbitration Awards: The "Steelworkers Trilogy" | |
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| Procedural Defenses to Arbitration | |
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| Expiration of the Duty to Arbitrate | |
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| Employer's Duty to Grieve over a Union Breach of Contract | |
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| Tripartite Arbitration | |
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| Arbitration of Successorship Rights | |
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| Injunctions Pending Arbitration | |
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| Interest Arbitration | |
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| Procedures for Determining Arbitrability and Time Limits on Suits to Compel Arbitration, to Enforce an Award, or to Vacate an Award | |
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| Arbitration and the NLRB | |
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| Enforcement of Collective Bargaining Agreements under the Railway Labor Act | |
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| Union Membership and Union Security | |
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| The Union as an Unincorporated Association | |
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| The Contractual Relationship between a Union and its Members | |
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| The Right to Union Membership | |
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| Required Union "Membership" | |
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| Resignation from the Union | |
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| Right-to-Work Laws | |
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| Contractual Checkoff Provisions | |
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| Hiring Halls | |
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| Rights and Responsibilities of Union Members | |
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| Coverage of the Labor-Management Reporting and Disclosure Act | |
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| Equal Rights for Union Members (LMRDA Section 101(a)(1)) | |
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| The Member's Right of Free Speech (LMRDA Section 101(a)(2)) | |
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| Dues Increases (LMRDA Section 101(a)(3)) | |
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| Election Procedures: Title I versus Title IV | |
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| Union Disciplinary Authority over its Members | |
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| Required Procedures for Imposing Internal Discipline (LMRDA Section 101(a)(5)) | |
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| Control over the Amount of Union Fines of Members | |
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| Membership Suits against Unions: The Exhaustion Requirement (LMRDA Sections 101(a)(4) and 102) | |
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| The Duty of Fair Representation | |
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| The Development of the Fair Representation Doctrine | |
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| Union Discretion to Arbitrate | |
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| Perfunctory Processing as a Violation of Fair Representation: The Hines Decision | |
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| Union Negligence as a Violation of Fair Representation | |
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| Applications of the Fair Representation Doctrine | |
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| Remedies for a Breach of the Duty of Fair Representation | |
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| Equal Employment Opportunity | |
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| An Overview of Title VII | |
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| The Basic Categories of Unlawful Discrimination: Disparate Treatment and Disparate Impact | |
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| Sex Discrimination | |
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| Religious Discrimination | |
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| Age Discrimination | |
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| The Americans with Disabilities Act | |
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| The Family and Medical Leave Act | |
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| Other Remedies against Employment Discrimination: The Civil Rights Acts of 1866 and 1871 (42 U.S.C. Sections 1981 and 1983) | |
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| Reverse Discrimination and Voluntary Affirmative Action Programs | |
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| Enforcing Rights Protected under the Civil Rights Acts | |
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| Remedies for Civil Rights Violations | |
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| The Role of Arbitration in Eliminating Discrimination | |
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| The NLRB's Role in Eliminating Discrimination | |
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| Federal-State Relationships in Labor Relations | |
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| The Preemption Doctrine | |
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| Federal Court Exceptions to the Board's Primary Jurisdiction | |
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| State Court Exceptions to the Preemption Doctrine | |
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| Preemption of Conduct Not Regulated by Federal Law | |
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| Employers Not Subject to the Board's Jurisdiction | |
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| Sections 301, 303, and Federal Antitrust Preemption of State Regulation | |
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| Preemption of Employee Civil Suits by the Grievance Procedure | |
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| Retaliatory Lawsuits | |
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| Answers to Review Questions | |
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| Statutory Appendices | |
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| Index | |