Book

Developing Labor Law: The Board, the Courts, and the National Labor Relations Act, Seventh Edition, with 2018 Supplement

This treatise gives labor and employment law practitioners essential insight into all 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. Updated regularly, it discusses major cases and what might be expected from the Board in the future.

 


Meet The Authors

John E. Higgins, Jr.
Editor-in-Chief
Patrick E. Deady
Co-Editor (2018 Supplement)
Jayme Sophir
Co-Editor (2018 Supplement)
Joseph J. Torres
Co-Editor (2018 Supplement)
Anna Wermuth
Co-Editor (2018 Supplement)
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Description

For more than 45 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. Now in its Seventh Edition and described as “comprehensive and scholarly” in the Legal Information Buyer’s Guide and Reference Manual, this two-volume treatise is updated annually by distinguished members of the ABA Section of Labor and Employment Law, representing management, labor, and neutrals. Long considered an 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, along with procedures and remedies under the NLRA. For the specialist, this classic reference is a quick means of accessing leading cases; for the generalist, it provides an excellent summary of the law and its development.

Topics covered include employer-mandated confidentiality agreements and arbitration agreements, employee handbook restrictions on employee activity alleged to be protected and concerted, the definition of critical terms such as “supervisor” and “independent contractor,” the obligation of an employer to provide financial information requested by the union during bargaining, the rights of employees to object to payment of full union dues under a union-shop agreement, the obligation of an employee who is unlawfully discharged under the NLRA to seek interim employment, employer restrictions on the use of company email to discuss union activity, and the standards for determining what constitutes a joint employer relationship.  


SUPPLEMENT INFORMATION

The 2018 Supplement updates the treatise through December 31, 2017, and reviews recent developments including: 

  • The Board’s return to the traditional “community of interest” standard for determining an appropriate bargaining unit
  • Adoption of a new standard for evaluating a facially neutral policy, rule, or handbook provision
  • The overruling of E.I. du Pont de Nemours, and holding that an employer’s actions do not constitute a “unilateral change” triggering bargaining obligations where the employer takes actions that are not materi­ally different from what it has done in the past
  • Rejection of the stan­dard adopted in United States Postal Service for determining whether to approve orders incorporating settlement terms over the objection of the General Counsel and charging party 


SUMMARY OF CONTENTS

Part I. History of the NLRA

  • Ch. 1. Historical Background of the Wagner Act
  • Ch. 2. The Wagner Act Period
  • Ch. 3. The Taft-Hartley Changes
  • Ch. 4. The Landrum-Griffin Changes
  • Ch. 5. The Post–Landrum-Griffin Period

Part II. Protected Employee Activity

  • Ch. 6. Interference With Protected Rights
  • Ch. 7. Discrimination in Employment
  • Ch. 8. Employer Domination of and Assistance to Labor Organizations

Part III. The Representation Process and Union Recognition

  • Ch. 9. Restrictions on Preelection Activity: “Laboratory Conditions”
  • Ch. 10. Representation Proceedings and Elections
  • Ch. 11. Appropriate Bargaining Units
  • Ch. 12. Recognition and Withdrawal of Recognition Without an Election

Part IV. Collective Bargaining Process

  • Ch. 13. The Duty to Bargain
  • Ch. 14. Effect of Change in Bargaining Representative During the Term of a Collective Bargaining Agreement
  • Ch. 15. Effect of Change in the Employing Unit: Successorship
  • Ch. 16. Subjects of Bargaining

Part V. Arbitration and the Act

  • Ch. 17. Relation of Board Action to Enforcement of Agreements Under Section 301
  • Ch. 18. Accommodation of Board Action to the Arbitration Process

Part VI. Economic Action

  • Ch. 19. The Primary Strike
  • Ch. 20. The Lockout
  • Ch. 21. Picketing for Organization and Recognition
  • Ch. 22. Secondary Activity: Handbills, Pickets, and Strikes
  • Ch. 23. Section 8(e): The “Hot-Cargo” Agreement
  • Ch. 24. Jurisdictional Disputes and “Featherbedding”

Part VII. Relations Between Employer and Union

  • Ch. 25. The Duty of Fair Representation
  • Ch. 26. Union Security

Part VIII. Administration of the Act

  • Ch. 27. Jurisdiction: Coverage of the Act
  • Ch. 28. Federal Preemption of State Regulation
  • Ch. 29. Accommodations to Other Federal Enactments
  • Ch. 30. RICO and Labor Law
  • Ch. 31. NLRB Procedures
  • Ch. 32. NLRB Orders and Remedies
  • Ch. 33. Judicial Review and Enforcement

Appendix/Table of Cases/Index

 

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Authors

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, DC, and is retired from the NLRB, where he served as a Board member and as Acting General Counsel.

Patrick E. Deady is a shareholder and head of the firm’s litigation practice at Hogan Marren Babbo & Rose, Ltd. in Chicago, IL.

 

Jayme Sophir is Deputy Associate General Counsel, Division of Advice at the National Labor Relations Board in Washington, DC.

 

Joseph J. Torres is a partner at Winston & Strawn LLP in Chicago, IL.

Anna Wermuth is a partner and Vice-Chair of the Labor and Employment Department at Cozen O’Connor in Chicago, IL.

Contents

View full tables of contents and read the book’s preface or introduction.

Reviews

Read what others have to say about this Bloomberg BNA book.

The Developing Labor Law is the most comprehensive resource in the field - I have been using it ever since it first came out. I would recommend it to anyone working in our field."

Gordon E. Krischer

Of Counsel, O'Melveny & Myers LLP, Los Angeles CA

 

“This essential guide to the National Labor Relations Act and the labor decisions of the NLRB and U.S. Supreme Court was written by more than 400 labor attorneys representing both management and labor.”

Kendall F. Svengalis

Legal Information Buyer's Guide and Reference Manual

 

"The Developing Labor Law still remains the first reference source I review whenever I need to perform labor law research."

George Crisci

Zashin & Rich Co. LPA