E-Book Overview
A Primer on American Labor Law is an accessible guide written for nonspecialists -- labor and management representatives, students, general practice lawyers, and trade unionists, government officials, and academics from other countries. It covers such topics as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector, and public-interest labor law. This thoroughly updated fourth edition contains extensive new material, covering developments in the eleven years since the third edition, including the continuing decline in union membership, job security rights, wrongful discharge litigation and dispute resolution procedures, ADA (Americans with Disabilities Act) litigation, cases involving sexual harassment and sexual orientation, the most recent collective bargaining agreements in professional sports, and the debate -- spurred by globalism -- on international labor standards. Much of the discussion of the National Labor Relations Act discusses decisions and policy changes by the National Labor Relations Board during the author's chairmanship in 1994-1998.
E-Book Content
A Primer on American Labor Law fourth edition
William B. Gould IV
A Primer on American Labor Law
Other books by William B. Gould IV Black Workers in White Unions: Job Discrimination in the United States. Cornell University Press, 1977. Japan’s Reshaping of American Labor Law. MIT Press, 1984. Strikes, Dispute Procedures, and Arbitration: Essays on Labor Law. Greenwood Press, 1985. Labor Relations in Professional Sports (with Robert C. Berry and Paul D. Staudohar). Auburn House, 1986. Agenda for Reform: The Future of Employment Relationships and the Law. MIT Press, 1993. Labored Relations: Law, Politics, and the NLRB—A Memoir. MIT Press, 2000. Diary of a Contraband: The Civil War Passage of a Black Sailor. Stanford University Press, 2002. International Labor Standards: Globalization, Trade, and Public Policy (with Robert J. Flanagan, ed.). Stanford University Press, 2003.
A Primer on American Labor Law fourth edition
William B. Gould IV
The MIT Press, Cambridge, Massachusetts, and London, England
For Ed, who always wanted me to write a book that would reach a large and diverse audience. ( 2004 Massachusetts Institute of Technology All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or information storage and retrieval) without permission in writing from the publisher. This book was set in New Baskerville on 3B2 by Asco Typesetters, Hong Kong, and was printed and bound in the United States of America. Library of Congress Cataloging-in-Publication Data Gould, William B. A primer on American labor law / William B. Gould IV.— 4th ed. p. cm. Includes bibliographical references and index. ISBN 0-262-07250-5 (hardcover : alk. paper) — ISBN 0-262-57218-4 (plk. : alk. paper) 1. Labor laws and legislation—United States. I. Title. KF3369.G68 2004 344.7301—dc22 2003070610
Contents
Preface to Fourth Edition Preface to Third Edition Preface to Second Edition Preface xix
vii xi xvii
1
An Overview
2
Industrial Relations and Labor Law before Modern Legislation 9
3
The National Labor Relations Act
4
Unfair Labor Practices
5
Establishing the Collective Bargaining Relationship: Organization and Recognition 65
6
Economic Pressure and Bargaining Tactics in the Established Relationship 97
7
Remedies and the Labor Reform Bill of 1978
8
Dispute Resolution in the Established Relationship 139
1
27
49
129
9
The Duty of Fair Representation