LIR 863
LAW OF LABOR-MANAGEMENT RELATIONS
Spring, 2005
Instructor:
Richard N. Block
428 South Kedzie Hall
517-353-3896
block@msu.edu
Office Hrs:
By appointment with
instructor
Course Objectives
1.
To provide students with a working knowledge of the legal requirements on employers
and labor organizations in the areas of establishment of representative status, negotiation
of the collective agreement, contract administration, and union security, among others.
2.
To provide students with an understanding of the relationship between labor law and
practice in labor and industrial relations.
3.
To provide students with an understanding of relevant policy issues in labor law.
4.
To provide students with an understanding of the legal system, the process of
adjudication and the process of legal reasoning, both in the general sense and as it applies
to labor-management relations.
5.
To provide students with the respective roles played by legislation, presidential
appointments, administrative decisions, and judicial decisions in the evolution of law in
general, and labor law in particular.
6.
To permit students to obtain the ability to analyze orally and in writing legal issues in
labor-management relations.
7.
To familiarize students with the process of legal research.
8.
To familiarize students with the workings of rule-based systems in employment.
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Course Requirements and Grade Weights
Final Examination
40%
Take Home Problem
25%
Term Paper
30%
Class Participation
5%
Required Texts
Walter E. Oberer, Timothy J. Heinsz, and Dennis R. Nolan, Labor Law: Collective Bargaining
in a Free Society, 5th ed., St. Paul, Minn.: West Publishing Co., 2002 (hereinafter cited as OHN).
Walter E. Oberer, Kurt L. Hanslowe, and Timothy J. Heinsz, Statutory Supplement to Labor
Law: Collective Bargaining in a Free Society, 5th edition., St. Paul, Minn.: West Publishing
Co., 2002. (No specific assignment; to be used as a reference when reading cases.)
Optional Text
The required cases that are not in OHN are either assembled into a course supplement, entitled
LIR 863, Spring, 2005 Supplement (hereinafter cited as Spring, 2005 Supplement), available
though a web address provided next to the case, or are available through a link on the website
www.msu.edu/user/block. The supplement is available for purchase at the Student Book Store
(SBS), 417 E. Grand River Ave., East Lansing. The supplement is made available for your
convenience. All U.S. Supreme Court and recent National Labor Relations Board and courts of
appeals cases are available through the Worldwide Web, as discussed below. You may, if you
wish, obtain and print the cases individually off the web, although older Supreme Court cases on
the web do not always include dissenting and concurring opinions. Of course, you also may use
print sources, discussed below. Regardless of how you obtain the cases (supplement, Web,
print), you are responsible for reading and briefing them before class.
Class Materials and Other Readings
The course overheads and other course materials are available on the instructor’s website at
www.msu.edu/user/block. Other required readings and assignments will be distributed in class.
Print Sources of Labor Law Cases
The important print sources of labor law cases are compiled by the Bureau of National Affairs
(BNA) and Commerce Clearing House (CCH). A session in the Labor and Industrial Relations
(LIR) Library will be scheduled to familiarize students with these legal reporting services. An
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excellent handbook and source for case citations in labor law is The Developing Labor Law,
published by the Bureau of National Affairs. Although using print sources is slow and highly
labor-intensive, print sources are the best way to obtain labor law information that is up-to-date
and indexed and annotated by detailed topic area.
Electronic Sources on Labor Law
Law resources are abundant on the Internet and are generally excellent way to locate a case if
you have a legal citation. Generally, however, electronic law resources are not annotated or
indexed at a level that is detailed for research. An excellent internet source for legal sites is
FINDLAW at http:// www.findlaw.com/ index.html. FINDLAW can be also be accessed
through the SLIR Home Page. Among the categories in the FINDLAW Legal Subject Index is
“Labor and Employment Law” at http://www.findlaw.com/01topics/27labor/index.html. This
will link you to a variety of sites.
Supreme Court decisions are available through FINDLAW at http://www.findlaw.com/
casecode/supreme.html. and at http://supct.law.cornell.edu/supct/index.html. Cases since 1990
are indexed by topic at http://supct.law.cornell.edu/supct/index.html. Courts of Appeals decisions
are available at http://www.law.emory.edu/FEDCTS/, although most Courts of Appeals did not
begin to make their opinions electronically available until 1995. Many court of appeals
decisions are available to MSU students through Lexis-Nexis Academic Universe at
http://er.lib.msu.edu.
The National Labor Relations Board has an excellent website, www.nlrb.gov, which includes
copies of Board forms and links to Board decisions back to1984. All of these sites can also be
accessed through the SLIR Home Page by clicking on “Hot Links. NLRB decisions are
generally not available through Lexis-Nexis Academic Universe.
An employer perspective on developments under the NLRA can be found at the website of
Human Resources Policy Association, a lobbying group - http://www.nlrbwatch.com/. A union
perspective on the NLRA can be found at the UAW Community Action Program (CAP) website
- http://www.uaw.org/cap/index.html.
If, while reading cases, you encounter legal terms with which you are unfamiliar, you might try
http://dictionary.findlaw.com/ or http://www.nolo.com/dictionary/wordindex.cfm. These are
decent legal dictionaries.
Course Procedure
1.
Material should be read in the order in which it appears in the reading list.
2.
Unless otherwise noted, the weekly assignment is six cases (along with the notes
following the cases) per class session.
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3.
4.
The cases required for each class session are to be read and briefed before class.
Students should be prepared to be "called on" for any case or note which has been
assigned for that class session.
5.
Discussion of current issues in labor law will be addressed in the context of the
appropriate case(s).
There will be no deferred grades or incompletes given for the course. If you require
accommodation for religious or disability purposes, please make an appointment to discuss the
matter with me.
BASIC CONCEPTS
(NOTE: THE MAJOR CASES TO BE READ IN OHN ARE LISTED IN BRACKETS NEXT
TO THE PAGE NUMBERS)
Constitutional Considerations
OHN, pp. 99-114. [Jones and Laughlin]
Judicial Review
OHN, pp. 149-54. [Universal Camera]
Exclusivity
Emporium Capwell Co. v. Western Addition Community Organization, U.S. Supreme Court,
1981 (Spring, 2005 Supplement).
ESTABLISHMENT OF REPRESENTATIVE STATUS
Statutory Coverage of the Act
NLRB v. Hendricks County Rural Electric Membership Corporation, 108 LRRM 3105, U.S.
Supreme Court, 1981 (Spring, 2005 Supplement).
OHN, pp. 223-30 [Kentucky River].
Prill v. NLRB, 127 LRRM 2415, District of Columbia Circuit, 1987 (Spring, 2005 Supplement)
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OHN, pp. 230-36 (exclusions from coverage; for additional reading, if interested, see also U.S.
General Accounting Office, “Collective Bargaining Rights: Information on the Number of
Workers With and Without Bargaining Rights, September 13, 2002 (link on website))
The Bargaining Unit
OHN, pp. 201-13 [Pacific Intermountain Express, National Tube]
American Hospital Association v. NLRB, U.S. Supreme Court, 1991 (Spring, 2005 Supplement)
Oakwood Care Center, 343 NLRB No. 76, 2004 (Spring, 2005 Supplement,
http://www.nlrb.gov/nlrb/shared_files/decisions/343/343-76.pdf) and OHN, pp. 217 (note on
contingent workers).
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Employer Conduct: Discrimination, Interference, Restraint, and Coercion
OHN, pp. 243-93, 304-24. [Edward G. Budd, Transportation Management, Burnup and Sims,
Republic Aviation, Lechmere, Virginia Electric and Power, Struksnes, Wyman-Gordon (skim),
Exchange Parts, Darlington Manufacturing Co., Gissel Packing]
Linden Lumber Division, Summer & Co. v. NLRB, U.S. Supreme Court, 1974 (at
http://caselaw.lp.findlaw.com/scripts/printer_friendly.pl?page=us/419/301.html, link also
available on website, http://www.msu.edu/user/block).
Union Conduct: Restraint and Coercion
NLRB v. Drivers Local 639 ("Curtis Bros."), U.S. Supreme Court, 1960 (Spring, 2005
Supplement)
Union Conduct: Recognitional/Organizational Picketing
OHN, pp. 379-81.
Class Lecture
The Election Campaign
Shopping Kart Food Market, Inc., 228 NLRB No. 1311, 1977 (Spring, 2005 Supplement).
OHN, pp. 342-45.
OHN, pp. 338-42 (Zeigler’s Refuse)
Neutrality Agreements
Dana Corporation, 341 NLRB No. 150, 2004 (at
http://www.nlrb.gov/nlrb/shared_files/decisions/341/341-150.pdf).
THE BARGAINING PROCESS: NEGOTIATING THE COLLECTIVE BARGAINING
AGREEMENT
Secondary Activity
OHN, pp. 401-452. ["Royal Typewriter," Denver Building Trades, "General Electric,"
“Atchison,” "Tree Fruits," DeBartolo Corp.]
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Bargaining: Pressures, Weapons, Subjects, Behavior
OHN, pp. 507-16, 524-38 [Insurance Agents, Mackay Radio and Telegraph, Erie Resistor]
OHN, pp, 89-90.
TWA v. Independent Federation of Flight Attendants, U.S. Supreme Court, 1986 (Spring, 2005
Supplement)
OHN, pp. 213-16 (Note 1), 538-47, 554-70, 577-90 ["Buffalo Linen," American Ship Building,
Great Dane Trailers, Katz, Borg-Warner, Fibreboard]
First National Maintenance Corp. v. NLRB, 452 U.S. 666, 107 LRRM 2705, U.S. Supreme
Court, 1991 (Spring, 2005 Supplement)
Dubuque Packing Co., 303 N.L.R.B. No. 66, 1991 (Spring, 2005 Supplement)
OHN, pp. 598-602. [Truitt Manufacturing Co.]
Ford Motor Company v. NLRB, U.S. Supreme Court, 1979 (Spring, 2005 Supplement)
OHN, pp. 571-76 [American National Insurance]
McClatchy Newspapers Inc. v. NLRB, U.S. Court of Appeals, D.C. Circuit, 1997 (Spring, 2005
Supplement).
Detroit Typographical Union v. NLRB, U.S. Court of Appeals, D.C. Circuit, 2001, (Spring,
2005 Supplement)
OHN, 603-20. [White, General Electric]
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LABOR LAW AND THE COLLECTIVE BARGAINING AGREEMENT
Bargaining During the Life of the Agreement
OHN, pp. 602 (through Note 3, first paragraph).
Detroit Edison Co. v. NLRB, 100 LRRM 2728, U.S. Supreme Court, 1979 (Spring, 2005
Supplement).
The Duty of Fair Representation
OHN, pp. 784-802, 776-80,. [Vaca v. Sipes, Hines v. Anchor Motor Freight, ALPA v. O’Neill]
Arbitration and the Enforcement of the Collective Agreement
OHN, pp. 763-72, 654-69. [Note: the two cases on pp. 656-69 will be treated as one case for
purposes of the day's reading assignment.] [Collyer Insulated Wire, American Manufacturing,
Warrior and Gulf]
United Paperworkers International Union v. Misco, U.S. Supreme Court, 1987 (Spring, 2005
Supplement)
OHN, pp. 683-92 [Eastern Associated Coal]
Wright v. Universal Maritime Service Corporation, U.S. Supreme Court, 1998 (Spring, 2005
Supplement)
Obligations after the Expiration of the Agreement
Litton Financial Printing Division v. NLRB, U. S. Supreme Court, 1991 (Spring, 2005
Supplement)
IMPORTANT ISSUES IN LABOR LAW
Remedies
OHN, pp. 627-35 [Ex-Cello]
Beverly California Corp. v. NLRB, 7th Cir, 2000 (Spring, 2005 Supplement)
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The Right to Representation in the Disciplinary Process
NLRB v. Weingarten, Inc., 88 LRRM 2689, U.S. Supreme Court, 1975 (Spring, 2005
Supplement).
IBM Corporation, 341 NLRB No. 148, 2004 (at
http://www.nlrb.gov/nlrb/shared_files/decisions/341/341-148.pdf).
Employee Participation Plans
Electromation, Inc. v. NLRB, 418 F.2d 731, 7th Cir., 1994 (Spring, 2005 Supplement)
Crown Cork and Seal Co., 334 N.L.R.B. No. 92, 2001 (Spring, 2005 Supplement)
Successorship
OHN, pp. 734-4 [Burns International Security Services]
Fall River Dyeing and Finishing Corp. v. NLRB, U.S. Supreme Court, 1987 (Spring, 2005
Supplement)
Withdrawal of Recognition
OHN, pp. 324-25.
Auciello Iron Works, Inc. v. NLRB, U.S. Supreme Court, 1996 (Spring, 2005 Supplement)
Allentown Mack Sales, Inc. v. NLRB, U.S. Supreme Court, 1998 (Spring, 2005 Supplement)
Union Security
Communications Workers of America v. Beck, U.S. Supreme Court, 1988 (Spring, 2005
Supplement)
Illegal Workers
Hoffman Plastic Compounds, Inc. v. NLRB, U.S. Supreme Court, 2002 (Spring, 2005
Supplement).
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Work Preservation Agreements
OHN, pp. 453-75. [National Woodwork, Enterprise Association]
Labor and the Anti-trust Laws
Brown, et al v. Pro Football, Inc., DBA Washington Redskins, et al, U.S. Supreme Court, 1996
(Spring, 2005 Supplement).
The Relationship between Federal Law and State Law
OHN, pp. 360-78. [San Diego Building Trades v. Garmon, Lingle v. Norge Division of Magic
Chef, Inc.]
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