For attorneys less familiar with labor law, labor lawyers, labor professionals, and human resource professionals, this reference examines issue-by-issue the National Labor Relation Board’s changing position on the National Labor Relation Act (NLRA) and its application in the nonunion workplace. The guide helps interpret any new decisions or initiatives by the NLRB in order to pinpoint potential new areas of liability and formulate effective strategies.
Price: $145 Book
A resource devoted to exploring the NLRA’s application in the nonunion workplace and the varying decisions of the NLRB regarding private sector employment issues
Most treatises on the National Labor Relations Act (NLRA) concentrate primarily on union-related activity. But the NLRA is applicable in some respects in the nonunion workplace as well. Since so many private-sector employees in the United States are nonunion, a huge vacuum exists for a resource that addresses the NLRA’s potential reach in the nonunion workplace. NLRA Rights in the Nonunion Workplace expertly fills this gap, concentrating exclusively on the NLRA’s broad application outside the union workplace in order to prepare attorneys representing employees or employers, as well as human resources professionals, to spot potential NLRA issues, help them understand the options and associated risks, and provide them with a head start in rendering sound advice to their clients.
With the prospect of a full five-member board and possible revisiting of the issue of Weingarten rights and other employee protections on the horizon, the release of this resource is truly fortuitous. The book’s issue-by-issue examination of the Board’s changing position on various issues will enable lawyers to analyze any new decisions or initiatives by the NLRB in order to pinpoint potential new areas of liability and formulate effective strategies. Because the protection against retaliation the NLRA affords employees is more extensive than that of any other anti-retaliation statute, the exploration of critical issues in NLRA Rights in the Nonunion Workplace is equally expansive, and includes discussion of:
With the contours of NLRA protections subject to reexamination under the Board, NLRA Rights in the Nonunion Workplace is a helpful resource both for attorneys less familiar with labor law and for traditional labor lawyers and labor professionals alike. This is the only treatise that is completely focused on this highly prevalent, and timely, topic, and it is one every employment law attorney should have on a nearby bookshelf.
Kenneth Lopatka’s new work, NLRA Rights in the Nonunion Workplace, is a fine reference for workers in the field and also would make a good supplemental textbook in any labor relations class. In fact, in the hands of a competent instructor it could easily stand as the sole or principal text. This is not a book for the law student but will function very well as instruction for the practitioner who doesn’t wish to spend his life on the phone asking questions of counsel.
The book builds a good bridge between case law and the circumstances generally encountered in organizing situations. Mr. Lopatka has written a book for the field organizer and union staffer who wants to know the perils and possibilities down on the ground, in the nonunion workplace. This book will be a real gem for HR and management-side folks looking to understand how events will shape the firm’s responses—the chapter Screening to identify union “salts” is a virtual textbook on the subject, worth its weight in gold to anyone who has faced that sort of situation (or brought it about).
Instructor, Labor Relations, California State University Dominguez Hills and Labor Analyst/Technical Writer, Piping Industry Progress & Education Trust, Los Angeles, CA.
Most labor law courses and books give only fleeting attention to the Wagner Act rights of nonunion employees. Casebooks usually introduce employees to Washington Aluminum about informal concerted activity, mention NLRB attempts to extend Weingarten rights to unrepresented employees, and discuss the permissible boundaries of employee participation programs, but that is about all. Treatises cover more parts of that topic but usually do so as an afterthought to union‐oriented analyses. NLRA Rights in the Nonunion Workplace is the first comprehensive treatment of all the ways in which the Act protects nonunion employees and limits employers in their dealings with those employees. Broad in scope, meticulously researched, and clearly written, this book belongs in every labor lawyer’s library.
Arbitrator and Mediator, Webster Professor of Labor Law Emeritus, University of South Carolina School of Law
This book ably fills a large gap in our understanding of labor and employment law. There is a common misperception that our nation’s primary labor law (the National Labor Relations Act) pertains only to union organizational campaigns and union‐employer collective bargaining. The fact is that the NLRA also applies to other “concerted” activity by employees for “mutual aid and protection” and nonunion employees and employers need to be aware of their rights and obligations under the NLRA. In a comprehensive and lucid volume, Mr. Lopatka has met that need. The book is an important reference work for attorneys, HR professionals, academicians, and interested lay persons. It is a welcome addition to scholarship and a practical guide to a significant aspect of labor and employment law.
Adjunct Professor, Georgetown University and American University, Washington, DC
Kenneth Lopatka's book is a welcome and necessary addition to the labor law literature. It will come as a surprise to many contemporary business owners and practicing lawyers, as well as academics not versed in traditional labor law, that the NLRA is just as real and relevant in the nonunion workplace as are more familiar laws pertaining to employment discrimination. While there are many resources available to those engaged in collective bargaining or union organizing, the same is not true when it comes to the nonunion workplace. Lopatka's excellent treatment fills this gaping hole on the modern labor law bookshelf.
Senior Lecturing Fellow, Duke University School of Law
A very helpful and informative guide for both those who have little knowledge of the National Labor Relations Act, and for those who do. It will serve as a useful resource in assessing the rights and obligations owed to non‐represented employees—an area deserving of attention.
Partner, Jones Day, Washington DC
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