University of Baltimore School of Law
Labor Law, Fall 2015
Tues & Thurs, 7:45 – 9:00 PM,
Angelos Law Center Rm 803
Page one of five
Prof. Albert W. Palewicz
Course: 731 Sec 512
SYLLABUS & GRADING POLICY (draft) (92)
Introduction; the Labor Problem; overview of course; grading system; contact procedures, background
material pp. 5-47, Vegelahn v. Guntner, p. 7-13,handouts on statute, NLRB procedure.
Norris-LaGuardia Act, pp. 27-33; Anti-Trust Statutes, pp. 34-35; Labor Activity & the Constitution:
Thornhill v. Alabama, pp. 35-39; the Wagner Act, pp. 40-47; the Taft-Hartley Act, pp. 47-42; the
Landrum-Griffin Act, pp. 52-53.
NLRB Organization: jurisdiction pp. 53-54, exclusions 55-65.
Unfair Labor Practices, pp. 66-73; Representation Cases, pp.73-76; Reflection, pp. 76-77.
Protection of the Right to Organize: Section 8(a)(1): (Basic Guide, pp. 17-18, TIPS), Text 79-80.
Republic Aviation pp. 80-84; Beth Israel Hospital pp. 85-86 (Probs 1 & 2); Cintas Corp., pp. 87-92
Union’s Quest for Equal Access: pp. 105-106; Register Guard, 351 NLRB 1110 (2007), enf dnd in part
571 F.3d 53 (DC Cir 2009) pp. 106-120 (two person assignment-(1) is the CSP overly broad? pp. 108117; (2) was the policy discriminatorily applied? pp. 117-119, and Ct.App. decision on this issue @ 571
F.3d 53.)).
Additional Protection of the Right to Organize: Excelsior Underwear (p. 121), and Wyman Gordon
(p.124). Threats of Reprisal pp. 127-132, Gissel Packing,(Part I) pp. 132-135. Factual
Misrepresentations: Midland National, pp.138-148. Inflammatory Appeals: Sewell pp. 149-150 (Prob 3,
also p.150.1); Other forms of Interference with the Right to Organize: Lorben, pp. 150-153; Struksnes pp.
153-157 (Prob 4, also p. 157,3); Exchange Parts pp. 158-159 (Prob 5). Union Misconduct Affecting
Self-Organization, pp. 160-164.
Section 8(a)(2): Introduction pp. 165-168, Electromation pp. 169-176 (Prob 6); ILGW (BernhardAltman) v. NLRB pp. 177-180. Employer Neutrality Agreements and Midwest PipingDocctrine: pp.
180-184.
Introduction to Section 8(a)(3). Edward G. Budd, pp. 184-186 (Prob 7, also p. 186,3); Discrimination
requirement pp. 187-189, Muellar Brass pp. 191-199.
Judicial Review of the Board's decisions: pp. 199-200 (Note Universal Camera, p. 200), Adkins Transfer,
pp. 201-205 (Prob 8)..
Runaway shops pp. 205-206: Darlington Mfg. pp. 207-211 (Prob 9).
Note on Supervisors: pp. 212-214
ULP Remedies: Phelps-Dodge pp. 214-217, discussion pp. 217-top of 219.
Various Notes: pp. 219-middle of 225.
University of Baltimore School of Law
Labor Law, Fall 2015
Tues & Thurs, 7:45 – 9:00 PM,
Page two of five
Prof. Albert W. Palewicz
Course: 731 Sec 512
Selection of a Bargaining Representative: Background pp. 225-234, previous handout material on NLRB
structure and case processing. Blue Man Vegas, pp. 235-243, American Hospital Assoc. pp. 245-248;
Single v. Multi-location units pp. 248-251. Multi-employer and Coordinated bargaining pp. 251-254;
Charles D. Bonano pp. 254-263 (Prob 10, also p. 261,only); General Electric pp. 264-267; Review of
Representation Proceedings p. 267; Leedom v. Kyne pp. 267-273 (Prob 11, also p. 273,1).
Securing Bargaining Rights by unfair labor practice proceedings, p. 273-274; Gissel Packing pp. 274-286,
post Gissel bargaining orders pp. 287-291 (Prob 12, also p. 287,1);
The certification year: Brooks pp. 295-297 (Prob 13); Curtin Matheson pp. 302-303; Allentown Mack,
pp. 303-310; Levitz Furniture, pp. 310-312, Dana Corp. 351 NLRB 424 (2007) also p. 300, Lamons
Gasket, 357 NLRB #72; UGL-Unicco 357 NLRB #76; Bryan Manufacturing 362 US 411 (1960).
Negotiation of the Collective Bargaining Agreement pp. 313-315; J.I.Case pp. 315-318 (Prob 14, also
p. 319,3); Emporium Capwell pp. 319-327; Limits pp. 328-331 Ford v. Huffman pp. 325-326. Duty to
Bargain in Good Faith pp. 337-338 (Prob 15, p. 338,1); A-1 King Size pp. 339-346; follow-up cases pp.
346-347 (Prob 16, also p. 358,5). Duty to Disclose Information: Truitt Mfg. pp. 348-350; Detroit
Edison pp. 351-356 (Prob 17); Union Failure to Bargain in Good Faith: Insurance Agents pp. 358-364,
Katz 365-368; Duffy Tool & Stamping, pp. 369-370. Boulwarism NLRB v. Gen’l Elec., 418 F.2d 736
(1969), cert.dnd. 397 US 965 (1970).
Subjects of Collective Bargaining pp. 377-379, American National Insurance pp. 382-387, Borg-Warner
pp. 387-392, the "mandatory-permissive" distinction pp. 393-397 (Prob 18). Fibreboard Paper pp. 398405; waiver by contract or past practice, pp. 405-407. Partial closings: First National Maintenance pp.
407-418, Dubuque Packing pp. 419-428,Dorsey Trailers & W.A.R.N. pp. 429-430; Pittsburgh Plate Glass
pp. 430-435 (Prob 19). Bargaining Remedies: H.K. Porter pp. 446-449 (Prob 20, also p. 449,3); ExCell-O pp. 450-458; 8(a)(5) remedies (Tiidee Products) p. 458.
Concerted activity, Protected and Not: Washington Aluminum, 370 US 9 (1962); City Disposal pp. 461471; Meyers Industries, 281 NLRB 882 (1986) (enfcd. 833 F.2d 1481, DC Ct. 1987), Parexel Ind. 356
NLRB No. 82 (2011), p. 472; Weingarten, Inc. 420 US 251 (1975) pp. 472-473, IBM Corp., pp. 474-481;
Eastex pp. 482-486 (Prob. 21); unprotected concerted activities pp. 488-492; Jefferson Standard pp. 492499. Employer Responses to Concerted Activity: pp. 440-445; Mackay Radio pp. 504-506, Erie Resistor
pp. 507-511, American Ship pp. 512-520 (Prob. 22), Great Dane Trailers pp. 520-523 (Prob. 23), Local
15 IBEW pp. 523-529; Laidlaw Corporation pp. 529-533, Employee refusals to cross picket lines pp. 537538 (Prob. 24), Metropolitan Edison pp. 538-543, Unfair labor practice strikes pp. 544-548.
Organ’al Picketing (See pp. 38-39 and summary in center of Guide) Section 8(b)(7): pp. 580-584;
(Prob. 25), Blinne Constr. pp. 585-593 (Prob. 26); provisos, pp. 594-596; IBEW Local 3 pp. 597-599).
University of Baltimore School of Law
Labor Law, Fall 2015
Tues & Thurs, 7:45 – 9:00 PM,
Page three of five
Prof. Albert W. Palewicz
Course: 731 Sec 512
Secondary Pressure, Section 8(b)(4) (See pp. 33-37 and sum. in center of Guide) pp. 600-604, Denver
Bldg pp. 604-607, Moore Dry Dock pp. 608-611 (Prob 27), Gold v. Carpntrs on Blkbrd; Carpenters &
Joiners, (Eliason & Knuth) 355 NLRB No. 159 (2010); Metropolitan Federation pp. 611-614 (Prob 28,
also p. 615,1), IUE Local 761 pp. 615-618 (Probs 29 & 30); Consumer appeals pp. 619-622.
Featherbdg: pp. 664-666. Violence and Union Respon. pp. 669-971; Remedies for ULPs: pp. 671-674.
Administration of the Collective Bargaining Agreement: CBA and Grievance Procedure pp. 675-685.
Indiv. and the Union 953-954; Duty of Fair Rep. Vaca v. Sipes pp. 972-981; DelCostello pp. 957-959;
Airline Pilots pp. 962-971; Hines v. Anchor pp. 987-989 (Probs 31 and 32, 32 also p. 1000,only).
Union Security Clauses pp. 1000-1001; . General Motors pp. 1001-1005; Beck pp. 1015-1016 (Prob 33,
also p. 1017,5; Marquez v. SAG 1018-1022; Calif Saw pp. 1028-1033; Right-to-Work Laws pp. 10341037.
Judicial Enforcement of Collective Agreements and Arbitration: pp. 685-687, Lincoln Mills pp. 687-691;
(The Steelworkers Trilogy) American Mfg. pp. 693-695, Warrior & Gulf pp. 695-702, Enterprise Wheel
pp. 713-716; Litton Financial pp. 705-712; Misco pp. 725-727; Armstrong Co.Mem.Hosp,3d
Cir.3/14/2011 (On Blkbrd.); NLRB and the Arbitrator pp. 744-751, Olin Corp. pp. 751-756, Hammontree
pp 775-781.
LABOR HISTORY REPORT TOPICS:
(1) First US Strike, (2) First US Labor Organization, (3) Philadelphia Cordwainers,
(4) Order of the Knights of St. Crispin, (5) National Labor Union, (6) Terrence V. Powderly,
(7) Samuel Gompers, (8) The Molly Maguires, (9) Haymarket Riots, (10) Carnegie Steel Strike,
(11) Eugene Debs, (12) Pullman Strike, (13) Industrial Workers of the World,
(14) John L. Lewis, (15) C.I.O., (16) Jones & Laughlin Steel Co.
(17) AFL-CIO, (18) Walter Reuther, (19) George Meany, (20) Triangle Shirtwaist fire.
Grading Structure:
Participation:
10% (All begin with a B. Excellent
participation earns an A; poor participation earns a C; substantial lack of participation earns a D.)
Case reports given in class:
TWEN mini quizzes (max of 5)
Labor history mini exam:
Final written exam (3 hours)
15%
15%
10%
50%
SEE PROBLEM LST ON TWEN SITE. AT LEAST 50%OF FINAL EXAM WILL BE FROM
THESE PROBLEMS. EXPLANATION TO BE GIVEN N FIRST CLASS. The grades given for the
course will be on the system the University uses for class grades. Anyone with questions about the course
or any of the material can reach me at 410-426-0339 (or by email at alpalewicz@verizon.net). To discuss
anything connected with the class, a student may reach me as described above to schedule a mutually
convenient time and place to meet. I will also be available after each class session.
University of Baltimore School of Law
Labor Law, Fall 2015
Tues & Thurs, 7:45 – 9:00 PM,
Page four of five
Prof. Albert W. Palewicz
Course: 731 Sec 512
Case reports in class will be graded on the presentation of the facts and law in the case, the validity of
the student’s analysis of the holding(s) in the case, the clarity of the overall presentation, and the student’s
ability to deal with questions raised about the case by either the professor or other students. Students who
are unprepared for any presentation, or who fail to notify me of absences that will interfere with any
presentation will have the grade for that presentation lowered by a full letter grade, if the report is
done later by the assigned student. If the case has to be done by someone else (including the Professor),
the assigned grade for the case will be “F.”
From time to time I will point out material that is important for the exam. Make a note of it. All the
assigned text material is material for the exam. All TWEN material is material for the exam. You
should be aware of and familiar with all the material posted under Course Materials on the TWEN site.
For all class assignments you will be graded on your ability to present the procedural history and the
facts of the material/case coherently, to identify clearly the issues involved, to present succinctly the
associated, relevant legal principles and their sources, to describe and analyze effectively the
holding(s)/conclusion(s) in the material/case, and to deal with questions and discussion points raised by
the class or by the Professor during your presentation.
Attendance Policy
Class attendance is a primary obligation of each student whose right to continued enrollment in the course
and to take the examination is conditioned upon a record of attendance satisfactory to the professor. A
student whose unexcused absences exceed three class periods (of 75 minutes each in a three credit-hour
course) or whose total absences, excused and unexcused, exceed five class periods, may be compelled to
withdraw from the course, or may be barred from sitting for the final examination. A student who is
compelled to withdraw or is barred from sitting for the final exam shall receive an "F" in the course.
If you anticipate an attendance problem, discuss it with me as soon as possible. Most situations can be
worked out to everyone’s satisfaction; but only if we discuss the matter before it becomes a problem.
Policy on Religious Holidays:
It is the policy of the University of Baltimore School of Law to respect students' observance of their
major religious holidays. Students not attending class because they are observing religious holidays are
to be given excused absences if they notify the professor in advance, and those excused absences shall not
be counted toward the maximum number of excused absences permitted by faculty policy.
Students will be given an opportunity, whenever possible, to make up within a reasonable time any
academic assignments or tests that are missed due to individual participation in religious observance.
Arrangements should be made to make up missed assignments or tests with the faculty member(s) in
advance of the holiday.
Quiz Policy: Quizzes will cover material from the textbook only, from the first six cases scheduled for
the day of the quiz. Quizzes are open book exams. Quizzes will be open on TWEN from
7:30 PM to 7:55 PM on the day they are given. They will be open again from 6:00 PM to 9:00 PM
University of Baltimore School of Law
Labor Law, Fall 2015
Tues & Thurs, 7:45 – 9:00 PM,
Page five of five
Prof. Albert W. Palewicz
Course: 731 Sec 512
the following evening. Anyone who was absent from the class in which the quiz was given is to take it
during the open period the following evening. ANYONE WHO CANNOT DO THIS MUST EMAIL ME
WITHIN 48 HOURS OF THE ORIGINAL QUIZ TIME TO LET ME KNOW A ONE HOUR TIME
WINDOW WITHIN FOUR DAYS OF THE ORIGINAL QUIZ WHEN THAT PERSON CAN TAKE
THE QUIZ ON TWEN. I will open the quiz for them at that time. ANYONE WHO DOES NOT
TAKE THE QUIZ THE EVENING AFTER IT IS GIVEN IN CLASS, OR MAKE
ARRANGEMENTS WITH ME WITHIN 48 HOURS OF THE ORIGINAL QUIZ TIME FOR AN
ALTERNATE QUIZ TIME WILL RECEIVE A GRADE OF ZERO FOR THAT QUIZ.
Labor Law (LAW 731, 3 credits)
Text: Labor Law: Cox, Bok, Gorman, Finkin, (Foundation Press) 15th edition.
Legal rules governing labor-management relations embodied in the National Labor Relations Act,
including the principle of exclusivity, protection for the right to organize, limitations on the substance of
union demands and on the use of strikes and picketing, rules governing the use of economic pressures
during bargaining, the scope and meaning of the duty to bargain, and remedies for failure to bargain, and
for violation of other sections of NLRA Section 8.
The goals of this course include introducing students to the origins and procedures of the practice of
Labor Law at the federal level, especially before the National Labor Relations Board. Students will also
deal with the substantive law of labor practice, to the extent it has been developed both under the National
Labor Relations Act and in court cases interpreting the NLRA since its passage.
All students are subject to the Academic Integrity Policy of the University of Baltimore School of Law
at all times during this course.
Notice of class cancellation will be sent to students by the TWEN email system, and will be posted on
the classroom door.
Students should bring laptop computers to class. Laptop use for exams will be limited to typing the
examination by means of the University’s installed software for this purpose.
THIS IS A WESTLAW TWEN COURSE. PLEASE SIGN ONTO THE COURSE AT ONCE.