LABOR RELATIONS AND THE LAW
University of Washington School of Law - LAW A554
Autumn Quarter, 2010
Class Meeting Times TTH 1:30 – 3:20
Class Location: RM.118
Instructors - Mindy Kornberg and Peter Denis
Instructor’s Office Location – Condon Hall 3rd floor
Instructor’s Phone – Mindy: 685-4711, Peter 616 - 3564
Instructor’s email: mindyk@uw.edu denisjp@uw.edu
Office Hours: by appt .please contact swensona@uw.edu or crw2@uw.edu for Kornberg and
Denis respectively
Official Course Description (from Course Catalogue)
This is the basic labor law course. It includes a study of the organizational
rights of employees and unions and the governance of the use of economic
force by employers and unions. Also studied is the duty to bargain
collectively, the manner in which collective bargaining is conducted, and the
subjects to which it extends, as well as the manner in which collective
bargaining agreements are administered and enforced. The relationship
between a union and its members is also treated. This course will be taught
from the perspective of the practitioner and is thus quite “hands on”.
Course Objectives
By the end of this course the student will have understood:
1. The Legislative and Jurisprudential framework of US Labor Law;
2. The rights and obligations incumbent upon management and labor;
3. The basic rudiments of a collective bargaining agreement;
4. The mechanics of the workplace grievance and arbitral processes;
5. The power dynamic that exists in the management and labor markets.
Texts and Materials
The following texts and materials are REQUIRED:
“Labor Law – Cases and Materials”, (fourteenth edition), Archibald Cox, Derek Curtis Bok,
Robert A. Gorman, Matthew W. Finkin; Foundation Press (2006)
Hereinafter referred to as “Cox” (available for purchase at the University Bookstore)
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University of Washington School of Law – Labor Law 554 Syllabus – Autumn 2010
Evaluation
The final grade in this course will be based primarily upon the following components:
1.
2.
3.
4.
Paper on Power and presentation
30%
Participation in Bargaining Simulation
20%
Participation in Moot Arbitration
20%
Final Exam
30% Paper on Power: This unique activity will challenge the student’s understanding of the
dynamics of the “power equation” as it relates to the implementation of legislation, the power
and authority of the courts and the prevailing popular and legal “wisdom” of the times. Further
details will be presented in class.
Final Exam: The comprehensive, final exam delivered during exam week will likely consist of
several essay and short answer questions. During the exam, you can refer to class notes,
handouts distributed in class, the required texts, and any outlines you prepared personally or as
part of a group of students in the course this term. You may not refer to any other materials,
including (but not limited to) outlines prepared by other students and commercial outlines, study
aids, or texts.
You may use a computer to answer the essay questions. If you choose to answer essay
questions with a computer, the School of Law’s Policy on the Use of Computers on Exams,
(http://www.law.washington.edu/Students/Exams/ComputerUse.aspx) governs. Any exceptions
to this Policy will be announced in class.
Course Website
You can access this syllabus, class handouts, and other matters on the course website:
Other Course Policies
Attendance. The American Bar Association’s Accreditation Standard 304, adopted in
2004, requires “regular and punctual class attendance.” We adhere to this policy. (see
http://www.law.washington.edu/Students/Academics/Rules.aspx#Attendance.) Specifically, the
instructor is required to notify Academic Services if, at any time after the fifth week of the
course, a student has attended less than 80 percent of the class sessions. Upon such
notification, the student will be required to drop the class. As we will meet for 22 class sessions
this quarter, this means that a student may miss up to 3 class sessions without consequence.
Laptops in Class. You are permitted to use laptop computers in class solely for the
purpose of taking notes and accessing course materials. As a courtesy to others in the class,
please refrain from checking, composing, or transmitting emails or other electronic
communications during class time. Also, please do not access the internet during class time
(accessing the course website during class, however, is permitted).
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University of Washington School of Law – Labor Law 554 Syllabus – Autumn 2010
Course Calendar
Session 1, September 28: “In the Beginning”
Discussion: A course and legislative overview
Reading “Cox”:pp. 30 - 32, 72 – 86
Principal case: Lowe v. Lawlor 208 U.S 274, 28 S.Ct. 301, 52 L.Ed 488 (1908) also
known as the “Danbury Hat Case”, Cox pp. 32 - 35
Session 2, September 30: Interactions Begin
Review of the paper on power – introduction of simulations
Session 3, October 5: “In the Beginning – Part Deux”
Discussion: Who are unions and what do they want?
Reading “Cox”: pp. 86 - 97
Principal case: Lechmere, Inc. v. NLRB 502 U.S. 527,112 S.Ct. 841, 117 L.Ed.2d 79
(1992), Cox pp.132 - 142
Session 4, October 7: Interactions continue
Being a union attorney – Elizabeth Ford, UW School of Law
Session 5, October 12: “Fun times with the NLRB!”
Discussion: Who is the NLRB and why should an attorney care?
Reading “Cox”: pp. 97 - 109
Principal case: NLRB v. Gissel Packing Co. 395 U.S. 575, 89 S.Ct.
1918, 23 L.Ed.2d 547 (1969), Cox pp. 158 - 165
Group Activity: Discussion on the “Paper on Power”
Session 6, October 14: Interactions continue
Richard Ahearn – NLRB Regional Director
Session 7, October 19: “On elections, coercion, interference, domination and other
taboos”
Discussion: “You mean I can’t run my business as I choose?”
Reading “Cox”: PP. 112, 113 and 153 - 158
Principal case: Republic Aviation Corp. v. NLRB 324 U.S. 793, 65
S.Ct. 982, 89 L.Ed 1372 (1945), Cox pp. 114 - 118
Session 8, October 21, Interactions continue
Mediation, the joys and the heartbreak – Larry Gregg
Session 9, October 26: “After the dust settles”
Discussion: “Bargaining units and representation rights – the NLRB has spoken!”
Reading “Cox”: pp. 243 – 246, 263 -269, 273, 1159 - 1164
Principal case: Allentown Mack Sales and Services, Inc. v. NLRB 522 U.S. 359, 118
S.Ct. 818, 139 L.Ed 2d 797 (1998),
Cox pp. 362 – 373
Session 10, October 28: Interactions continue
Bargaining simulation – Elizabeth Ford, UW School of Law
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University of Washington School of Law – Labor Law 554 Syllabus – Autumn 2010
Session 11, November 2: “You love me! You really love me!”
Discussion: Norma Rae and the search for workplace justice
Reading Cox: p. 611, pp. 153 - 158
Principal case: Electromation, Inc. 300 NLRB 990 (1992), enf’d, 35 F.3d 1148 (7th Cir.
1994), Cox pp. 206 - 217
Group Activity: Popcorn and soda
Session 12, November 4: Interactions continue
Being a management attorney – Otto Klein, Summit Law
Session 13, November 9: “Union and management – start your engines!”
Discussion: The permissive and mandatory subjects dichotomy
Reading “Cox”: pp. 442 - 447
Principal Case(s): NLRB v. Wooster Division of Borg – Warner Corp. 356 U.S. 342, 78
S.Ct. 718, 2 L.Ed2d 823 (1958) and Fibreboard Paper Products Corp. v. NLRB 379 U.S. 203,
85 S.Ct. 398, 13 L.Ed.2d 233 (1964), Cox pp. 452 – 457, 458 – 465, 465 – 473
November 11: No Class – Remembrance Day
Session 14, November 16: “Let’s make things abundantly clear!”
Discussion: Boulwar and you, the attorney – lessons learned from
“fair and firm”
Reading “Cox”: pp. 397, 399, 402, 403, 409 – 411, 440, 441
Principal case: NLRB v. Katz 369 U.S. 736, 82 S.Ct. 1107, 8
L.Ed.2d 230 (1962), Cox pp. 427 – 430
Session 15, November 18: Interactions continue
Brief presentations on the “Paper on Power”
Session 16, November 23: “Strikes and their familiars – the latter day barricades!”
Discussion: What is a protected activity and what is not?
Reading “Cox”: pp. 505 – 511, 625, 633 – 637, 691 - 695
Principal case: NLRB v. City Disposal Systems, Inc. 465 U.S. 822, 104 S.Ct. 1505, 79
L.Ed.2d 839 (1984), Cox 533 – 543 and International Brotherhood of Teamsters, Local 695 v.
Vogt, Inc. 354 U.S. 284, 77 S.Ct. 1166, 1 L.Ed.2d 1347 (1957), Cox pp. 641 - 645
November 25: Thanksgiving … no instructors!
Session 17, November 30: “Winning the peace, growing, changing and getting the job
done”
Discussion: And what of Weingarten?
Reading “Cox”: pp. 963, 964 1107 - 1113
Principal cases: NLRB v. J. Weingarten, Inc. 420 U.S. 251, 95 S.Ct. 959, 43 L.Ed.2d
171 (1975), Cox pp. 545, 554 – 556 and Fall River Dyeing and Finishing Corp. v. NLRB 482
U.S. 27, 107 S.Ct 2225, 96 L.Ed.2d 22 (1987), Cox pp. 941 – 954
Session 18, December 2: Interactions continue
Addley Tole – Business Agent WFSE
Session 19, December 7: “To the last grapple with thee!”
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University of Washington School of Law – Labor Law 554 Syllabus – Autumn 2010
Discussion: Once we are in the room there are no more
discussions!
Reading “Cox”: pp. 16 – 22, 30 – 35, 965 – 968, 987, 1001 - 1006
Principal case: Vegelahn v. Gunter 167 Mass, 92, 44 N.E 1077 (1986)
Session 20, December 9: Mock Arbitration - Hearing. Brief Class Review
Week of December 13 – Final Exam
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University of Washington School of Law – Labor Law 554 Syllabus – Autumn 2010