Labor and Employment Law Text and Cases

Name: Labor and Employment Law Text and Cases
Price: 8.14 USD
Availability: InStock
ISBN: 9780324400755

ISBN-10: 0324400756

ISBN-13: 9780324400755

Edition: 13th 2007 (Revised)

Authors: David P. Twomey

List price: $253.95

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From the White House to your desk! LABOR AND EMPLOYMENT LAW, written by a nationally renowned White House labor arbitrator, explores pay equity, age discrimination, disability discrimination, and employee privacy topics in a style that you can understand. It also details protection for contingent workers, the legality of employee involvement programs, and more.

Book details

List price: $253.95
Edition: 13th
Copyright year: 2007
Publisher: Cengage South-Western
Publication date: 8/7/2006
Binding: Hardcover
Pages: 808
Size: 7.75" wide x 9.25" long x 1.25" tall
Weight: 3.080
Language: English

A member of the faculty at the Boston College Carroll School of Management since 1968 and chair of the Business Law Department for over a decade, Professor David P. Twomey has received numerous teaching and service awards at Boston College. He has written 31 editions of his textbooks and numerous articles on labor, employment, and business law topics. As Business Law Chair, he serves as a spokesperson for a strong legal and ethical component in both the undergraduate and graduate curriculum. He also has a special interest in curriculum development, serving four terms as chairman of his school's Education Policy Committee. Professor Twomey is also a nationally known labor arbitrator. In the…

Preface	p. xiii
About the Author	p. xvi
Overview; Early Doctrines; Current Applications
Introduction	p. 1
The Criminal Conspiracy Doctrine	p. 5
The Contractual Interference Doctrine	p. 8
Early Applications of the Sherman Act	p. 13
Injunctions and the Clayton Act	p. 15
Continuing Impact of Antitrust Laws	p. 17
Railway and Airline Labor Relations Law
History, Purpose, Constitutionality	p. 23
Expanding Coverage	p. 25
Administration, Remedy, Enforcement	p. 25
Bargaining Representation	p. 36
Strike Injunctions	p. 38
The National Labor Relations Act
Introduction	p. 41
Historical Development	p. 42
Administration	p. 46
Procedures	p. 49
Jurisdiction: Employers Under the Act	p. 52
Jurisdiction: Agents, "Contingent" Workers	p. 59
Jurisdiction: Employees Under the Act	p. 64
Jurisdiction: Preemption	p. 78
Majority Bargaining Rights	p. 84
The Appropriate Bargaining Unit	p. 85
Multiemployer Bargaining Units	p. 90
Craft Severance	p. 93
Determining Employees' Choice	p. 94
Representation Elections	p. 101
Election Conduct and Free Speech	p. 102
Election Propaganda and Misrepresentations	p. 107
Bargaining Rights Based on Authorization Cards	p. 110
Remedial Powers	p. 116
Employer Unfair Labor Practices
The Employer-Employee Relation	p. 129
Freedom from Interference	p. 130
Domination of Labor Organizations	p. 138
Discrimination as to Hire and Tenure	p. 144
Discriminatory Lockouts	p. 148
Permanent Shutdowns	p. 150
Discrimination for Concerted Activities	p. 153
Union Security and "Right-to-Work" Laws	p. 156
Discrimination for NLRB Action	p. 161
Duty of Employer to Bargain	p. 161
Successor Employers' Obligations under the NLRA	p. 170
Rejection of Labor Contracts under Chapter 11 of the Bankruptcy Code	p. 178
Regulation of Union Activities
Union Unfair Labor Practices	p. 189
Picketing: Types and Constitutional Parameters	p. 193
Mass Picketing	p. 199
Union Access to Private Property	p. 203
Organizational and Recognitional Picketing: Informational Picketing	p. 212
Jurisdictional Disputes	p. 215
Secondary Activity: "Ally" and "Common Situs" Doctrines	p. 216
Secondary Activity: Product Picketing and Handbilling	p. 219
Hot Cargo Agreements	p. 228
Damages from Boycotts and Picketing	p. 232
Legality of Strikes
Types of Stoppages	p. 237
Employer Unfair Labor Practice Strikes	p. 239
Permanent Replacement of Strikers	p. 241
Unprotected Strike Activity	p. 248
Effects of Strikes in Violation of NLRA Notice Requirements	p. 251
No-Strike Agreements	p. 253
Norris-LaGuardia and No-Strike Injunctions	p. 255
National Emergency Strikes	p. 259
Dispute Settlement Law
Introduction	p. 269
Definitions and Terms	p. 270
Assisting Negotiations	p. 273
NLRB Deferral to Arbitration	p. 274
The Courts and the Arbitration Process	p. 280
Judicial Review of Arbitration Decisions	p. 282
Seizure of Vital Industry	p. 287
Regulating Internal Union Conduct
Introduction	p. 293
Union's Duty of Fair Representation (DFR)	p. 294
Members' Rights under the Union's Constitution	p. 302
Union Discipline: Section 8(b)(1)(A)	p. 303
Rights of Members	p. 308
Union and Management Reporting Requirements	p. 311
Employee Retirement Income Security Act (ERISA)	p. 312
Political Contributions and Expenditures	p. 321
Antiracketeering Laws	p. 322
Public Employment and Labor Law
Introduction	p. 329
Strikes by Government Employees	p. 330
Federal Employment	p. 341
State and Local Employment	p. 350
Congressional Power over State Employment Standards	p. 358
Occupational Safety and Health Law
Purpose and Scope	p. 365
Administration	p. 366
Standards	p. 370
Employer Duties	p. 379
Protection from Retaliation	p. 383
Inspection	p. 387
Citations and Penalties	p. 391
Overlapping Jurisdiction	p. 394
State Programs	p. 396
State "Right-to-Know" Legislation	p. 397
Discrimination Laws: Protected Classes Under Title VII and the Constitution
Introduction	p. 403
Title VII as Amended	p. 404
Race and Color	p. 416
Religion	p. 423
Sex	p. 434
Employer Liability for Sexual Harassment	p. 442
Employer Liability for Coworker and Nonemployee Sexual Harassment	p. 461
National Origin Discrimination and "English Only" Rules	p. 462
Protection Against Retaliation	p. 465
Title VII: Section 703 Exceptions	p. 470
Selected Constitutional Theories on Discrimination	p. 478
Procedures and Remedies
Burden of Proof	p. 487
Statistical Cases	p. 495
Title VII Court-Ordered Remedies	p. 498
Consent Decrees and Voluntary Affirmative Action Plans	p. 502
Reverse Discrimination and Affirmative Action Plans	p. 511
The Arbitration Option	p. 515
Executive Order 11246: Affirmative Action Programs	p. 523
Other Remedy Options	p. 530
Pay Equity; Age Discrimination
Equal Pay for Equal Work	p. 541
The Gunther Decision and Comparable Worth	p. 546
Age Discrimination	p. 551
Prohibited Practices and Damages	p. 558
The Older Workers Benefit Protection Act; ADEA Exemptions and Defenses	p. 564
Disability Discrimination Laws-Workers' Compensation, SSDI and the ADA-Medical and Military Leaves
Discrimination against Disabled Workers	p. 571
The Rehabilitation Act of 1973	p. 573
The Americans with Disabilities Act	p. 581
Workers' Compensation: Relationship to the ADA	p. 595
Accommodation between SSDI and the ADA	p. 604
Family and Medical Leaves of Absence	p. 605
Military Leaves and Reemployment Rights	p. 610
Employment Relationships: Contractual and Tort Theories
Employment at Will, Exceptions, and Discrimination Claims	p. 617
Whistleblower Protection under the Sarbanes-Oxley Act	p. 630
Noncompetition Agreements	p. 633
Employer Liability for Torts of Employees	p. 635
Proper Classification of Workers	p. 638
Negligent Hiring and Retention of Employees	p. 639
Employee Privacy Topics
Historical Background, Introduction to Employee Privacy	p. 649
Public Employees' Privacy Rights	p. 651
Private Sector Employees: Property Searches	p. 657
Invasion of Privacy	p. 657
Monitoring Employee Telephone Conversations and e-Mail	p. 664
Drug Testing	p. 668
Alcohol Abuse and Employee Assistance Programs	p. 677
Polygraph Examinations	p. 680
Employee Defamation Claim	p. 686
Wage and Hour Law-Closings and Unemployment-Foreign Workers
Developing Law Regulating Wages and Hours	p. 695
Plant Closing Laws: The Warn Act	p. 705
Unemployment Compensation	p. 711
Employment-Related Immigration Laws: Introduction	p. 715
Employer Sanctions and Verification Responsibilities	p. 716
Employer Discrimination	p. 717
Business Visas	p. 718
Appendixes
Types of Cases Before National Labor Relations Board	p. 726
Labor Management Relations Act, 1947, as Amended by Public Laws 86-257, 1959, and 93-360, 1974	p. 728
Excerpts from the Labor-Management Reporting and Disclosure Act of 1959	p. 751
Excerpts from Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972	p. 757
Excerpts from Civil Rights Act of 1991	p. 760
Excerpts from the EEOC's Uniform Guidelines on Employee Selection Procedures (1978)	p. 767
Excerpts from the EEOC's Guidance on Vicarious Employer Liability for Harassment by Supervisors	p. 770
Excerpts from Americans with Disabilities Act of 1990	p. 772
Excerpts from the EEOC's ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations	p. 776
Excerpts from the EEOC's Enforcement Guidance: Workers' Compensation and the ADA	p. 782
EEOC Guidance to Field Offices on ADA Charges	p. 785
Glossary	p. 787
Index of Cases	p. 795
Index of Subjects	p. 804
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