The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, Sixth Edition, with 2014 Cumulative Supplement


2012/3,582 pp. Hardcover/with 2014 Cumulative Supplement/Order #9459P

2014 Cumulative Supplement alone/644 pp. Softcover Order #/2459

For more than 40 years, practitioners have relied on The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act to keep them current on U.S. labor law. This two-volume treatise, written by distinguished members of the ABA Section of Labor and Employment Law representing management, labor, and neutrals, is the essential research tool for labor and employment law practitioners. It provides an authoritative, balanced perspective on the legal rights and duties of employees, employers and unions, as well as procedures and remedies under the National Labor Relations Act (NLRA).

The Sixth Edition was published in 2012 and much has happened since. Significantly, the Supreme Court's decision in NLRB v. Noel Canning has voided much of the work of the "recess Board" in 2012 and 2013. Nonetheless this Supplement reports the decisions of the "recess Board" because of their importance to the development of the law and their implications for what the now fully confirmed NLRB will be deciding in the next year. The Supplement also includes a discussion of the Noel Canning decision and its implications.

As clients seek labor law advice, it is essential that counsel be alert, not only to current Board law but also as to what may be expected from the Board in the future. The question is whether the past will be prologue? How will the work of the "recess Board" affect the development of the law? The 2014 Cumulative Supplement will help to answer these questions on issues such as access to employer property right; the line between valid and invalid work rules because they "reasonably tend to chill the exercise of Section 7 activity"; the effect of social media on Section 7 rights; limitations on employee discussions of ongoing employer investigations of employee misconduct; the status of Board policy with respect to deferral to arbitration; whether an employer has a duty to supply the union with witness statements; the duty of an employer to provide notice and an opportunity to bargain concerning employee discipline before the parties have negotiated their first collective bargaining agreement; and developments under Specialty Healthcare rejecting employer challenges to a classification that has been excluded from an otherwise appropriate unit unless there is a showing of "an overwhelming community of interest with those in the petitioned for unit."


Main Volume Information
About the Editor-in-Chief
John E. Higgins, Jr.,
is an adjunct faculty member at the Columbus School of Law, The Catholic University of America, Washington, D.C., and is retired from the NLRB.

Committee on Development of the Law Under the National Labor Relations Act, ABA Section of Labor and Employment Law 

Supplement Information

About the Co-Editors-in-Chief
Tanja L. Thompson is a shareholder in the Labor Management Relations practice group with Littler Mendelson, Memphis, Tenn. 

Gwynne A. Wilcox is a partner with Levy Ratner, New York, N.Y., representing unions before the National Labor Relations Board and other administrative agencies, and in arbitrations, litigation and contract negotiations.

Barry J. Kearney is the associate general counsel of the Division of Advice at the National Labor Relations Board in Washington, D.C.