Access

You are not currently logged in.

Login through your institution for access.

login

Log in to your personal account or through your institution.

Labor Guide to Labor Law

Labor Guide to Labor Law

Bruce S. Feldacker
Michael J. Hayes
Copyright Date: 2014
Edition: 5
Stable URL: http://www.jstor.org/stable/10.7591/j.ctt1287fm2
Find more content in these subjects:
  • Cite this Item
  • Book Info
    Labor Guide to Labor Law
    Book Description:

    Labor Guide to Labor Lawis a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.

    The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.

    This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.

    Labor Guide to Labor Lawis structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.

    eISBN: 978-0-8014-5459-2
    Subjects: Law, Political Science, Business
    × Close Overlay

Table of Contents

Export Selected Citations
  1. Front Matter (pp. i-vi)
  2. Table of Contents (pp. vii-xvi)
  3. A PERSONAL NOTE FROM BRUCE FELDACKER (pp. xvii-xviii)
  4. A PERSONAL NOTE FROM MICHAEL HAYES (pp. xix-xx)
  5. PREFACE (pp. xxi-xxii)
    Bruce Feldacker
  6. ABOUT THE FIFTH EDITION (pp. xxiii-xxiv)
    Bruce Feldacker and Michael Hayes
  7. HOW TO FIND A CASE: A GUIDE TO BASIC CASE RESOURCES AND UNDERSTANDING CASE AND STATUTORY CITATION FORMATS (pp. xxv-xxx)
  8. 1 FEDERAL REGULATION OF LABOR-MANAGEMENT RELATIONS: A Statutory and Structural Overview (pp. 1-37)

    THIS BOOK IS A PRACTICAL GUIDE to labor law in the private sector. The first 8 chapters present a discussion of legal principles primarily based on the Labor Management Relations Act (LMRA), 1947, as amended, commonly referred to as the “Act.” The remaining chapters discuss principles based on the Labor Management Reporting and Disclosure Act and the Civil Rights Act of 1964, as amended, as well as on the LMRA.¹

    This chapter begins with a brief historical survey of federal labor legislation leading to the passage of the LMRA in the current form studied in this book. This survey is...

  9. 2 THE COLLECTIVE BARGAINING UNIT AND REPRESENTATION ELECTIONS (pp. 38-83)

    UNIONS REPRESENT and bargain for employees in appropriate bargaining units. To understand the bargaining process, it is necessary to understand the appropriate bargaining unit concept. This chapter discusses how the appropriate bargaining unit is determined, which employees may be part of a unit, and election rules and procedures.

    The rules applying to appropriate bargaining units in certain industries or occupations can be very detailed. Entire books have been written on collective bargaining units and representation issues. This chapter is necessarily limited to general principles and the most frequently faced issues. If you understand these general principles, you should be able...

  10. 3 UNION ORGANIZING RIGHTS AND ELECTION CAMPAIGNS (pp. 84-123)

    THIS CHAPTER DESCRIBES permissible union and employer tactics in organizing employees and conducting an election campaign. The rights and obligations of unions, employees, and employers in organizing and in election campaigns are regulated by Sections 8 and 9 of the LMRA. Some of the actions discussed below are either protected or prohibited, as unfair labor practices, under Section 8. However, in addition to the unfair labor practice restrictions, the Board, under its authority to administer elections pursuant to Section 9, has determined that an election must be conducted under “laboratory conditions.” The Board prohibits an employer or union from engaging...

  11. 4 PROTECTION OF EMPLOYEES’ RIGHTS TO CONCERTED ACTIVITY AND TO SUPPORT UNIONS (pp. 124-162)

    WHAT ARE THE RIGHTS of employees to assist each other and to engage in “concerted activity” to protest, or otherwise, to address workplace and employment issues? What are the employees’ rights to engage in collective bargaining activities through the union, and how are those rights protected? This chapter discusses the increasingly important rules that grant employees rights to complain, protest and otherwise act together, but that also limit those rights.

    The principles discussed in this chapter are primarily based on Sections 7, 8(a)(1), and 8(a)(3) of the Act, which should be referred to while reading this material. (As previously noted,...

  12. 5 THE DUTY TO BARGAIN (pp. 163-229)

    THE ULTIMATE GOAL of a union is the successful negotiation and administration of a collective bargaining agreement. This chapter discusses the legal principles governing the collective bargaining process.

    The duty to bargain is governed by Sections 8(a)(5), 8(b)(3), and 8(d). It is an unfair labor practice under Section 8(a)(5) for an employer to refuse to bargain collectively with the representative of its employees. Section 8(b)(3) makes it an unfair labor practice for a union to refuse to bargain collectively with an employer whose employees it represents.

    Section 8(d) defines the duty to bargain, described as the mutual obligation of the...

  13. 6 STRIKES, STRIKER RIGHTS, AND LOCKOUTS (pp. 230-260)

    THE VAST MAJORITY of all collective bargaining disputes are peacefully resolved. Yet, there are times when bargaining breaks down. On such occasions, employees may resort to their basic traditional right to strike. It is no exaggeration that the freedom of workers to strike, legally exercised, is one of the fundamental distinctions between democratic and totalitarian societies. A lockout is the employer’s economic equivalent to a strike. The right to lockout is governed by many of the same principles covering the employee’s right to strike.

    A strike is a concerted stoppage of work. While there is a constitutional right of free...

  14. 7 PICKETING, BOYCOTTS, AND RELATED ACTIVITY (pp. 261-311)

    PICKETING IS A TACTIC unions use in many varied situations. When employees strike, effective picketing is often a key to an effective strike. Picketing is also common in other protests, such as against another employer to protest substandard wages the employer is paying that undercut union wages and benefit levels, or against a product produced by a company whose employees are on strike. Picketing is also used in organizing campaigns, and as a means of informing the public of disputes and issues.

    There is a limited constitutional right to picket as a matter of free speech, which along with Section...

  15. 8 UNION REGULATION OF WORK AND THE ANTITRUST LAWS: Hot Cargo Agreements, Jurisdictional Disputes, and Featherbedding (pp. 312-349)

    UNIONS HAVE MANY legitimate reasons for attempting to regulate work. The historical claim of a fair day’s pay for a fair day’s work symbolizes labor’s claim to negotiate limits on job content and effort. Union efforts to regulate job content, protect work jurisdiction, and preserve unit work raise issues as to hot cargo clauses, restrictions on subcontracting, jurisdictional disputes, and featherbedding.

    Work restrictions affect competition and trade between employers. If a union negotiates a clause with its employer limiting the companies to whom the employer may subcontract work or initiates programs to maintain or expand the unionized market share of...

  16. 9 ENFORCEMENT OF COLLECTIVE BARGAINING AGREEMENTS AND THE DUTY TO ARBITRATE (pp. 350-391)

    SECTION 301(A) of the Labor Management Relations Act provides that suits for violation of contracts between an employer and a union or between unions may be brought in any district court of the United States. Section 301 permits either an employer or a union to enforce the terms of a collective bargaining agreement. Suits to enjoin a strike in violation of a collective bargaining agreement and for damages are brought under Section 301 (see chapter 6). Suits brought by a union to enforce an employer’s agreement to pay fringe benefit contributions or to collect union dues that have not been...

  17. 10 UNION MEMBERSHIP AND UNION SECURITY (pp. 392-432)

    THIS CHAPTER INCLUDES a discussion of the internal relationship between a union and its own members, including the nature of the legal relationship, the right to union membership, required union membership (union security agreements), and related matters.

    To understand the legal relationship between the union and its members, it is necessary to understand what a union is. Of course, a union is an organization that engages in collective bargaining, but there is a common law legal definition of a union that is important to understand. Common law is the law gradually developed over the years by judges through decisions handed...

  18. 11 RIGHTS AND RESPONSIBILITIES OF UNION MEMBERS (pp. 433-460)

    THE RIGHTS and responsibilities of union members to the union are governed by the Landrum-Griffin Act, formally the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). It is the basic federal legislation pertaining to individual rights of union members. The most important section of the law covering individual rights is Title I, entitled the “Bill of Rights of Members of Labor Organizations” (LMRDA Section 101), which establishes certain basic “free speech” rights for union members and provides each member with “equal rights and privileges” within the organization. This chapter explores these important concepts and other fundamental aspects of the internal...

  19. 12 THE DUTY OF FAIR REPRESENTATION (pp. 461-480)

    THE DUTY of fair representation is one of the most important doctrines governing a union’s authority as the exclusive bargaining representative and the union’s relationship to the bargaining unit employees it represents as it negotiates collective bargaining agreements, administers contracts, and resolves grievances. The doctrine applies in essentially the same way to unions subject to the Labor Management Relations Act or the Railway Labor Act. Almost every union member has heard of the duty of fair representation, but there are many misunderstandings about the doctrine.

    The fair representation doctrine began withSteele v. Louisville & Nashville Railroad, a 1944 Supreme Court...

  20. 13 UNLAWFUL EMPLOYER RELATIONSHIPS WITH UNIONS (pp. 481-499)

    TWO FUNDAMENTAL PRINCIPLES of U.S. labor law and labor relations policy (on which the U.S. differs from many other nations) are that unions must be independent of government or employer control and unions must independently represent the interests of the employees who have chosen the union to represent them. The LMRA has multiple provisions to implement and support these principles. Section 8(a)(2), enacted in 1935, makes it an unfair labor practice for an employer to dominate or interfere with the formation of administration of a union. Section 302 prohibits any employer to pay, lend or deliver “any money or other...

  21. 14 EQUAL EMPLOYMENT OPPORTUNITY (pp. 500-576)

    UNIONS HAVE BEEN in the forefront of legislative efforts to eliminate discrimination and to support equal employment opportunity. Unions enforce the rights of employees to job equality by filing discrimination charges with the Equal Employment Opportunity Commission, negotiating contract clauses eliminating discriminatory practices, and arbitrating issues of job discrimination. Unions are classified as employers in relation to their own employees (secretaries, etc.) and thus have an obligation to comply with fair employment practices like any other employer. Unions are prohibited from discriminating in union membership. They also have a legal duty to ensure that employees are not discriminated against on...

  22. 15 FEDERAL-STATE RELATIONSHIPS IN LABOR RELATIONS (pp. 577-594)

    MOST ASPECTS of the labor-management relationship and some aspects of the union-member relationship are subject to extensive federal regulation. Some matters, however, are not covered by federal law. Most relationships between unions and their members, which are governed by the union’s constitution and bylaws, are enforced solely by state courts (see chapters 10 and 11). Also, the states retain power to prohibit violent conduct in strikes. Some states even have comprehensive state statutes containing many of the same provisions found in the LMRA or the LMRDA.

    If both federal and state agencies attempt to regulate labor relations, there is potential...

  23. ANSWERS TO REVIEW QUESTIONS (pp. 595-610)
  24. ABOUT THE AUTHORS (pp. 611-612)
  25. INDEX (pp. 613-626)