LIR 863
LAW OF LABOR-MANAGEMENT RELATIONS
Spring, 2009
Instructor: Richard N. Block
428 South Kedzie Hall
517-353-3896
Office Hrs: block@msu.edu
By appointment
Course Objectives
1.
To provide students with an appreciation of the rationale for protecting the rights of workers to bargain collectively in the United States and globally.
2.
To provide students with a working knowledge of the legal requirements under the
National Labor Relations Act (NLRA) on employers and labor organizations in the
United States in the areas of establishment of representative status, negotiation of the collective agreement, contract administration, and union security, among others.
3.
To provide students with an understanding of the relationship between labor law and practice in labor and industrial relations in the United States.
4.
To provide students with an understanding of relevant policy issues in labor law.
5.
To provide students with an understanding of the legal system in the United States, the process of adjudication and the process of legal reasoning, both in the general sense and as applied to labor-management relations.
6.
To provide students with the respective roles played by legislation, presidential appointments, administrative decisions, and judicial decisions in the United States in the evolution of law in general, and labor law in particular.
7. To permit students to obtain the ability to analyze orally and in writing legal issues in labor-management relations.
8. To familiarize students with the workings of rule-based systems in employment.
9. To provide with students with a basic familiarity with labor law internationally.
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Course Requirements and Grade Weights
Final Examination (Thursday, May 7, 2009, 3:00 PM – 5:00 PM) 35%
Mid-Term Take Home Problem (Date to be determined) 30%
Term Paper
Class Participation
Required Texts
30%
5%
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).
Richard N. Block, Sheldon Friedman, Michelle Kaminski, and Andy Levin, eds., Justice on the
Job: Perspectives on the Erosion of Collective Bargaining in the United States, Kalamazoo,
Mich.: W.E. Upjohn Institute for Employment Research, 2006 (hereinafter cited as BFKL).
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.)
Website
A section of the instructor’s MSU website is used a course website. Please go to www.msu.edu/user/block.
Optional Text
The required cases that are not in OHN are either assembled into a course supplement, entitled
LIR 863, Spring, 2009 Supplement (hereinafter cited as Spring, 2009 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 courts of appeals and National Labor Relations
Board (NLRB) decisions are available on the internet, 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.
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Class Materials and Other Readings
The course overheads and other course materials are available on the instructor’s website. Other required readings and assignments will be distributed in class.
Electronic Sources on Labor Law
The Bureau of National Affairs (BNA) is the major private reporting service for labor law cases decided by the National Labor Relations Board (NLRB), the courts of appeals, and the U.S.
Supreme Court. LIR students have online access to the labor law case reporting service of the
Bureau of National Affairs (BNA). Instructions for accessing the online BNA services will be provided. BNA indexes cases by topic and annotates cases.
Supreme Court decisions are available at http://www.supremecourtus.gov/opinions/opinions.html
and by clicking on the “Federal Courts” link on the course website in the section entitled “links.” These sites are useful if you have a legal citation. Supreme Court cases since 1990 are available at http://supct.law.cornell.edu/supct/index.html
. A site that is user friendly is FINDLAW, www.findlaw.com
. If you have the name of one of the parties, Supreme Court decisions can be accessed through at http://www.findlaw.com/ casecode/supreme.html, although occasionally FINDLAW lists the names of the parties in varying ways (For, example,
National Labor Relations Board by be named as “NLRB” or “Labor Board.”) 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. They are also available through FINDLAW at http://www.findlaw.com/casecode/index.html#federal. 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 to1979. NLRB decisions are generally not available through Lexis-Nexis Academic Universe.
The NLRB also makes available on line its classified index of Board and court decisions through
CITENET, at http://12.150.186.170/ citenet/home/index.cfm
. CITENET may be also be accessed through the NLRB home page by clicking on “Research” towards the bottom of the bar on the right-hand side of the page. CITENET presumes a fairly high level of knowledge of
NLRB doctrines.
The NLRA is continuously evolving and changing and there are several labor law advocacy organizations for unions and employers. See the website, www.msu.edu/user/block , for links to these advocacy organizations. Websites with perspectives on these organizations can be obtained by typing the name of the advocacy organizations into an internet search engine.
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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.
Law resources are abundant on the internet and are generally an excellent way to locate a case if you have a legal citation. An excellent internet source for legal sites is FINDLAW at http:// www.findlaw.com/ index.html. 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.
Print Sources of Labor Law Cases
The important print sources of labor law cases are compiled by the BNA and Commerce
Clearing House (CCH). A session in the Labor and Industrial Relations (LIR) Library in the
Business in Law Building will be scheduled to familiarize students with these legal reporting services. An excellent handbook and source for case citations in labor law is The Developing
Labor Law, published by the Bureau of National Affairs. Older cases are not available online through BNA and must be accessed through BNA print services available in the LIR Library.
Course Procedure
1.
2.
Material should be read in the order in which it appears in the reading list.
Unless otherwise noted, the weekly assignment is six cases (along with the notes following the cases) per class session.
3.
The cases required for each class session are to be read and briefed before class.
4. Students should be prepared to be "called on" for any case or note (commentary following the case) that 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.
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BASIC CONCEPTS IN UNITED STATES LABOR LAW
(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]
Exclusivity
Emporium Capwell Co. v. Western Addition Community Organization, U.S. Supreme Court,
1981 (Spring, 2009 Supplement).
ESTABLISHMENT OF REPRESENTATIVE STATUS IN UNITED STATES LABOR
LAW
Statutory Coverage of the Act
NLRB v. Hendricks County Rural Electric Membership Corporation, 108 LRRM 3105, U.S.
Supreme Court, 1981 (Spring, 2009 Supplement).
OHN, pp. 223-30 [Kentucky River] and
Oakwood Health Care, 348 NLRB No. 37, 2006, at http://www.nlrb.gov/nlrb/shared_files/decisions/348/348-37.htm
Golden Crest Health Care Center, 348 NLRB No. 39, 2006, at http://www.nlrb.gov/nlrb/shared_files/decisions/348/348-39.htm
Croft Metals, Inc., 348 NLRB No. 38, at http://www.nlrb.gov/nlrb/shared_files/decisions/348/348-38.htm
(NOTE: Kentucky River and its “offspring” – Oakwood , Golden Crest , and Croft – are considered as two cases for the purposes of the daily assignment.)
Prill v. NLRB, 127 LRRM 2415, District of Columbia Circuit, 1987 (Spring, 2009 Supplement)
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))
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The Bargaining Unit
OHN, pp. 201-13 [Pacific Intermountain Express]
Oakwood Care Center, 343 NLRB No. 76, 2004 (Spring, 2009 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, Exchange Parts, Gissel
Packing]
Union Conduct: Restraint and Coercion
NLRB v. Drivers Local 639 ("Curtis Bros."), 362 U.S. 274, 45 LRRM 2945, U.S. Supreme
Court, 1960 (Spring, 2009 Supplement)
Union Conduct: Recognitional/Organizational Picketing
OHN, pp. 379-81.
Class Lecture (no cases assigned)
The Election Campaign
Shopping Kart Food Market, Inc., 228 NLRB 1311, 1977 (Spring, 2009 Supplement).
OHN, pp. 342-45.
OHN, pp. 338-42 (Zeigler’s Refuse)
David Cingranelli, “International Election Standards and NLRB Representation Elections” in
BFKL, pp. 41-57.
Neutrality Agreements
Dana Corporation, 351 NLRB No. 29, 2007 at http://www.nlrb.gov/research/decisions/board_decisions/template_html.aspx?file=http://www.nlr
b.gov/shared_files/Board%20Decisions/351/v35128.htm&size=220
Employee Free Choice Act, at http://www.govtrack.us/congress/bill.xpd?bill=h109-1696 .
THE BARGAINING PROCESS: NEGOTIATING THE COLLECTIVE BARGAINING
AGREEMENT IN THE UNITED STATES
Secondary Activity
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OHN, pp. 401-452. ["Royal Typewriter," Denver Building Trades, "General Electric," "Tree
Fruits," DeBartolo Corp.]
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, 2009
Supplement)
OHN, pp. 213-16 (Note 1), 538-47, 554-70, 577-90 ["Buffalo Linen," American Ship Building,
Great Dane Trailers (skim), Katz, Borg-Warner, Fibreboard]
First National Maintenance Corp. v. NLRB, 452 U.S. 666, 107 LRRM 2705, U.S. Supreme
Court, 1991 (Spring, 2009 Supplement)
Dubuque Packing Co., 303 N.L.R.B. No. 66, 1991 (Spring, 2009 Supplement)
OHN, pp. 598-602. [Truitt Manufacturing Co.]
Ford Motor Company v. NLRB, U.S. Supreme Court, 1979 (Spring, 2009 Supplement)
OHN, pp. 571-76 [American National Insurance]
McClatchy Newspapers Inc. v. NLRB, U.S. Court of Appeals, D.C. Circuit, 1997 (Spring, 2009
Supplement).
Detroit Typographical Union v. NLRB, U.S. Court of Appeals, D.C. Circuit, 2001, (Spring,
2009 Supplement)
OHN, 603-20. [White, General Electric]
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LABOR LAW AND THE COLLECTIVE BARGAINING AGREEMENT IN THE
UNITED STATES
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, 2009
Supplement).
The Duty of Fair Representation
OHN, pp. 784-94 [Vaca v. Sipes]
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, 2009
Supplement)
OHN, pp. 683-92 [Eastern Associated Coal]
Wright v. Universal Maritime Service Corporation, U.S. Supreme Court, 1998 (Spring, 2009
Supplement)
Obligations after the Expiration of the Agreement
Litton Financial Printing Division v. NLRB, U. S. Supreme Court, 1991 (Spring, 2009
Supplement)
IMPORTANT ISSUES IN LABOR LAW IN THE UNITED STATES
Remedies
OHN, pp. 627-35 [Ex-Cello]
Beverly California Corp. v. NLRB, 7 th
Cir, 2000 (Spring, 2009 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, 2009
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, 2009 Supplement)
Crown Cork and Seal Co., 334 N.L.R.B. No. 92, 2001 (Spring, 2009 Supplement)
Successorship
Fall River Dyeing and Finishing Corp. v. NLRB, U.S. Supreme Court, 1987 (Spring, 2009
Supplement)
Bankruptcy
Class Lecture (no cases assigned)
Withdrawal of Recognition
OHN, pp. 324-25.
Levitz Furniture Company of the Pacific, 333 NLRB 717, 166 LRRM 1329 (2001) (NLRB
Website, BNA web access)
Union Security
Communications Workers of America v. Beck, U.S. Supreme Court, 1988 (Spring, 2009
Supplement)
Illegal Workers
Hoffman Plastic Compounds, Inc. v. NLRB, U.S. Supreme Court, 2002 (Spring, 2009
Supplement).
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INTERNATIONAL PERSPECTIVES ON LABOR LAW
International Labor Standards and Labor Law: The International Labor Organization; The
European Union; Trading Blocs
Richard N. Block, Karen Roberts, Cynthia Ozeki, and Myron Roomkin, “Models of International
Labor Standards” Industrial Relations, Vol. 40, No. 2, April 2001, pp. 258-92, at http://www3.interscience.wiley.com/cgi-bin/fulltext/118993868/PDFSTART .
International Labor Organization, Website, at www.ilo.org
(browse the site)
“About the ILO”
“International Labour Standards,” link, click, and browse
“Standards and Fundamental Principles and Rights at Work, at http://www.ilo.org/public/english/standards/
United States Council for International Business, Website at http://www.uscib.org/ (browse the site)
“Positions and Statements: Labor and Employment Policy ” at http://www.uscib.org/index.asp?documentID=1926
USCIB Issue Analysis: U.S. Ratification of ILO Core Labor Standards , April,
2007
International Labor Organization: the right solution , June 17, 2002
James Gross, “A Logical Extreme: Proposing Human Rights as the Foundation for Workers’
Rights in the United States,” BFKL,pp. 21-40.
Roy J. Adams, “America’s Union-Free Movement in Light of International Labor Standards,” in
Justice on the Job, in BFKL, pp. 215-30.
Richard McIntyre and Matthew Bodah, “The United States and ILO Conventions 87 and 98: The
Freedom of Association and the Right to Bargain Collectively,” in BFKL, pp. 231-47.
Labor Law in Different Countries (Lecture)
/863SYLSpring09msw
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