SUMMARY TABLE OF CONTENTS

Transcription

1 SUMMARY TABLE OF CONTENTS VOLUMES I & II Foreword... xxxi xxxi Preface... xxxiii xxxiii Detailed Table of Contents... xlv xlv Part I HISTORY OF THE NATIONAL LABOR RELATIONS ACT Chapter 1. Historical Background of the Wagner Act I. The Inadequacies of Judicial Regulation II. The Rise of Federal Regulation III. An Affirmative National Labor Policy: The Ancestry of the Wagner Act Chapter 2. The Wagner Act Period I. The Role of Senator Wagner II. The National Labor Relations Act: The Beginning of an Era III. Criticism of the Act: One-Sided Legislation Chapter 3. The Taft-Hartley Changes I. Industrial Unrest and Congressional Response xxxv

2 xxxvi The Developing Labor Law 2018 II. The New Amendments III. The Reaction Chapter 4. The Landrum-Griffin Changes I. The Impetus of Legislative Investigation II. The Political Climate III. Senate Action IV. Struggle in the House V. Reconciling Title VII VI. The Conference Committee Version Chapter 5. The Post Landrum-Griffin Period I. Jurisdiction Over U.S. Postal Service II. Section 302 Amendments and Additional Bargaining Subjects III. Health Care Institution Amendments IV. Court Invalidates Act Giving Religious Conscientious Objectors Exemption From Union-Security Coverage V. Unsuccessful Efforts to Amend the Basic Act. 5-7 Part II PROTECTED EMPLOYEE ACTIVITY Chapter 6. Interference With Protected Rights I. Overview II. Organizational and Preelection Activity III. Other Concerted Activity IV. Union Restraint and Coercion Chapter 7. Discrimination in Employment I. Discrimination as an Unfair Labor Practice II. Employer Discrimination III. Union Inducement of Employer to Discriminate IV. Discrimination Because of Involvement With NLRB Procedures: Section 8(a)(4) Chapter 8. Employer Domination of and Assistance to Labor Organizations I. Introduction: Section 8(a)(2) II. Labor Organization Defined

3 Summary Table of Contents xxxvii III. Employer Domination IV. Employer Interference V. The Requirement of Employer Neutrality VI. Employer Support Versus Cooperation VII. The Union as Party to the Employer s Domination, Assistance, or Support VIII. Remedies Part III THE REPRESENTATION PROCESS AND UNION RECOGNITION Chapter 9. Restrictions on Preelection Activity: Laboratory Conditions I. Introduction II. Grounds for Setting Aside Elections III. Remedies Chapter 10. Representation Proceedings and Elections I. Questions Concerning Representation II. Policies and Statutory Provisions Affecting the Processing of Petitions III. Election Procedures Chapter 11. Appropriate Bargaining Units I. Background II. General Factors in Unit Determinations III. Types of Units Chapter 12. Recognition and Withdrawal of Recognition Without an Election I. Introduction II. History III. Elements of a Bargaining Obligation in the Absence of an Election IV. Bargaining Obligation Established by Employer Card Checks, Polls, and Other Independent Means V. Defenses to the Remedial Bargaining Order VI. Withdrawal of Recognition

4 xxxviii The Developing Labor Law 2018 Part IV THE COLLECTIVE BARGAINING PROCESS Chapter 13. The Duty to Bargain I. Introduction II. Per Se Violations III. The Good Faith Requirement IV. The Duty to Furnish Information V. Economic Pressure During Bargaining VI. Bargaining Impasses VII. Defenses and Exceptions: Waiver, Suspension, and Termination of Bargaining Rights VIII. The Construction Industry: Section 8(f) IX. Notice to Terminate or Modify the Labor Agreement X. Coalition or Coordinated Bargaining XI. Bargaining During the Term of an Existing Agreement XII. Dual Employer Operations: The Double-Breasted Issue Chapter 14. Effect of Change in Bargaining Representative During the Term of a Collective Bargaining Agreement I. Context in Which the Issue Arises II. Rights and Obligations of New Bargaining Representative and Employer Under Contract With Prior Representative III. Mergers and Transfers of Affiliation Chapter 15. Effect of Change in the Employing Unit: Successorship I. Scope of the Topic II. Historical Development III. Successorship and the Bargaining Obligation IV. Successorship and the Contractual Obligation

5 Summary Table of Contents xxxix V. Successorship and the Contract-Bar Doctrine VI. Liability of Successor for Predecessor s Unfair Labor Practices VII. Liability of Successor to Remedy Delinquent Pension Fund Contributions Chapter 16. Subjects of Bargaining I. Introduction II. Historical Background III. Development of the Distinction Between Mandatory and Permissive IV. Mandatory Subjects of Bargaining V. Permissive Subjects of Bargaining VI. Illegal Subjects of Bargaining Part V ARBITRATION AND THE ACT Chapter 17. Relation of Board Action to Enforcement of Agreements Under Section I. Introduction II. Section 10(a) Power of the Board III. Scope and Purpose of Section IV. Injunctions in Aid of Arbitration: Section 301 Versus Norris-LaGuardia V. NLRB Interpretation of the Collective Bargaining Agreement Chapter 18. Accommodation of Board Action to the Arbitration Process I. Introduction and Historical Development II. Prearbitral Deferral: Applying the Collyer Doctrine III. Post-Arbitral Deferral: Applying the Spielberg Standards IV. Other Factors Affecting the Board s Post-Arbitral Deferral Policy V. Response of the Reviewing Court to the Board s Deferral Standards

6 xl The Developing Labor Law 2018 Part VI ECONOMIC ACTION Chapter 19. The Primary Strike I. Introduction: The Right to Strike II. Strikes Protected Under the Act III. Unprotected and Prohibited Strikes IV. Rights of Employees Respecting Picket Lines: Sympathy Strikes Chapter 20. The Lockout I. Introduction: Historical Perspective II. Contemporary Law of Lockouts Chapter 21. Picketing for Organization and Recognition I. Introduction: Recognitional Picketing in History II. Picketing Defined III. Proscribed Organizational or Recognitional Objective IV. Picketing When Another Union Is Currently Recognized V. Picketing Within Twelve Months of a Valid Election VI. Picketing of Unreasonable Duration Absent a Petition VII. The Informational Picketing Proviso Chapter 22. Secondary Activity: Handbills, Pickets, and Strikes I. Introduction: Development of the Law II. Section 8(b)(4)(B): Prohibited Secondary Activity Defined III. Handbilling IV. Consumer Picketing V. Actions for Damages Under Section Chapter 23. Section 8(e): The Hot-Cargo Agreement I. Introduction: The Law Before Landrum-Griffin

7 Summary Table of Contents xli II. Enactment of Section 8(e): Agreements to Boycott Prohibited III. Interpretation and Application Chapter 24. Jurisdictional Disputes and Featherbedding I. Introduction II. Jurisdictional Disputes III. Featherbedding Part VII RELATIONS BETWEEN EMPLOYEE AND UNION Chapter 25. The Duty of Fair Representation I. Introduction: Origin of the Duty II. Jurisdiction and Procedures to Enforce the Duty III. Nature of the Duty IV. Statutes of Limitations V. Remedies Chapter 26. Union Security I. Introduction: Historical Evolution II. Required Membership The Union Shop III. Variations: The Agency Shop and Maintenance of Membership IV. Section 14(b) and State Right-to-Work Laws V. Hiring-Hall and Job-Referral Practices VI. The Dues Checkoff VII. Constitutional Dimensions and Other Statutory Requirements Part VIII ADMINISTRATION OF THE ACT Chapter 27. Jurisdiction: Coverage of the Act I. Constitutionality II. Statutory Jurisdiction III. Definitions and Limitations on Coverage IV. Discretionary Administrative Jurisdictional Standards

8 xlii The Developing Labor Law 2018 Chapter 28. Federal Preemption of State Regulation I. Introduction II. Evolution of Preemption Doctrine III. Garmon Preemption in Specific Situations IV. Preemption Under Section V. Preemptive Effect of Other Statutory Provisions Chapter 29. Accommodations to Other Federal Enactments I. The NLRA and the Antitrust Law II. The NLRA and the Bankruptcy Code III. The NLRA and Immigration Law Chapter 30. RICO and Labor Law I. Introduction II. Historical Background of RICO and Its Applicability to Labor Disputes III. Overview of the Statute IV. Predicate Acts Commonly Alleged in Labor Cases V. Issues in Civil Litigation VI. Remedies Chapter 31. NLRB Procedures I. Organization of Board and Office of General Counsel II. Procedures in Representation Cases III. Procedures in Unfair Labor Practice Cases IV. Procedures Applicable to All Cases V. The NLRB and Rulemaking VI. Other Rulemaking Initiatives Chapter 32. NLRB Orders and Remedies I. General Principles II. Orders in Representation Cases (Section 9) III. Orders and Remedies in Complaint Cases (Section 10)

9 Summary Table of Contents xliii Supple- ment Chapter 33. Judicial Review and Enforcement I. Introduction II. Appellate Review and Enforcement III. Direct Review and Enforcement IV. Interim Appellate Relief Appendix National Labor Relations Act... A-1 Table of Cases... T-1 T-1 Index... I-1

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