The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, Sixth Edition

This treatise gives labor and employment law practitioners essential insight into the latest updates in U.S. labor law. It covers the legal rights and duties of employees, employers and unions, as well as procedures and remedies under the National Labor Relations Act (NLRA). Updated regularly, it discusses major cases and what might be expected from the Board in the future.

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John E. Higgins, Jr.


This two-volume treatise is the essential research tool for labor and employment aw 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 offers updated discussion of a number of important topics, including:

  • Employer-mandated confidentiality agreements
  • Employee handbook restrictions on solicitations
  • Definition of a supervisor, an independent contractor, and a “salt”
  • The disagreement between the Board and the Ninth Circuit concerning the right of an employer to unilaterally discontinue union dues checkoff after a contract expires
  • Obligation of an employer to provide financial information requested by the union during bargaining
  • Employer restrictions on the use of company email to discuss union activity
  • Standards for determining the unit in which an election should be held when unions are seeking smaller units than employers
  • Whether voluntary recognition bars the filing of an election petition
  • Whether union bannering amounts to picketing in violation of the secondary boycott and recognitional picketing provisions of the NLRA 
  • The requirement by unions that employees notify them annually of their objections to paying union dues in excess of the cost of representing the unit
  • The standards for determining whether an employer’s refusal to hire a “salt” is unlawful
  • Qualification of an “at will” employee as a permanent strike replacement
  • Assessment of supervisory status
  • Board jurisdiction over operators of charter schools



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
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 ActABA Section of Labor and Employment Law 


View full tables of contents, preface or see the list of contributors.