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Labor & Employment Law Text and Cases

by: Twomey, David

Labor & Employment Law Text and Cases

by: Twomey, David

ISBN 13:
9780324400755
ISBN 10:
0324400756
Edition: 13th
Format: Hardcover
Copyright: 08/07/2006
Publisher: South-Western College/West
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Summary

From the White House to your desk! LABOR AND EMPLOYMENT LAW, written by a nationally renowned White House labor arbitrator, explores pay equity, age discrimination, disability discrimination, and employee privacy topics in a style that you can understand. It also details protection for contingent workers, the legality of employee involvement programs, and more.

Preface

xiii

About the Author

xvi

Overview; Early Doctrines; Current Applications

Introduction

(4)

The Criminal Conspiracy Doctrine

(3)

The Contractual Interference Doctrine

(5)

Early Applications of the Sherman Act

(2)

Injunctions and the Clayton Act

(2)

Continuing Impact of Antitrust Laws

(6)

Railway and Airline Labor Relations Law

History, Purpose, Constitutionality

(2)

Expanding Coverage

(1)

Administration, Remedy, Enforcement

(11)

Bargaining Representation

(2)

Strike Injunctions

(3)

The National Labor Relations Act

Introduction

(1)

Historical Development

(4)

Administration

(3)

Procedures

(3)

Jurisdiction: Employers Under the Act

(7)

Jurisdiction: Agents, ``Contingent'' Workers

(5)

Jurisdiction: Employees Under the Act

(14)

Jurisdiction: Preemption

(6)

Majority Bargaining Rights

(1)

The Appropriate Bargaining Unit

(5)

Multiemployer Bargaining Units

(3)

Craft Severance

(1)

Determining Employees' Choice

(7)

Representation Elections

101

(1)

Election Conduct and Free Speech

102

(5)

Election Propaganda and Misrepresentations

107

(3)

Bargaining Rights Based on Authorization Cards

110

(6)

Remedial Powers

116

(13)

Employer Unfair Labor Practices

The Employer-Employee Relation

129

(1)

Freedom from Interference

130

(8)

Domination of Labor Organizations

138

(6)

Discrimination as to Hire and Tenure

144

(4)

Discriminatory Lockouts

148

(2)

Permanent Shutdowns

150

(3)

Discrimination for Concerted Activities

153

(3)

Union Security and ``Right-to-Work'' Laws

156

(5)

Discrimination for NLRB Action

161

(1)

Duty of Employer to Bargain

161

(9)

Successor Employers' Obligations under the NLRA

170

(8)

Rejection of Labor Contracts under Chapter 11 of the Bankruptcy Code

178

(11)

Regulation of Union Activities

Union Unfair Labor Practices

189

(4)

Picketing: Types and Constitutional Parameters

193

(6)

Mass Picketing

199

(4)

Union Access to Private Property

203

(9)

Organizational and Recognitional Picketing: Informational Picketing

212

(3)

Jurisdictional Disputes

215

(1)

Secondary Activity: ``Ally'' and ``Common Situs'' Doctrines

216

(3)

Secondary Activity: Product Picketing and Handbilling

219

(9)

Hot Cargo Agreements

228

(4)

Damages from Boycotts and Picketing

232

(5)

Legality of Strikes

Types of Stoppages

237

(2)

Employer Unfair Labor Practice Strikes

239

(2)

Permanent Replacement of Strikers

241

(7)

Unprotected Strike Activity

248

(3)

Effects of Strikes in Violation of NLRA Notice Requirements

251

(2)

No-Strike Agreements

253

(2)

Norris-LaGuardia and No-Strike Injunctions

255

(4)

National Emergency Strikes

259

(10)

Dispute Settlement Law

Introduction

269

(1)

Definitions and Terms

270

(3)

Assisting Negotiations

273

(1)

NLRB Deferral to Arbitration

274

(6)

The Courts and the Arbitration Process

280

(2)

Judicial Review of Arbitration Decisions

282

(5)

Seizure of Vital Industry

287

(6)

Regulating Internal Union Conduct

Introduction

293

(1)

Union's Duty of Fair Representation (DFR)

294

(8)

Members' Rights under the Union's Constitution

302

(1)

Union Discipline: Section 8(b)(1)(A)

303

(5)

Rights of Members

308

(3)

Union and Management Reporting Requirements

311

(1)

Employee Retirement Income Security Act (ERISA)

312

(9)

Political Contributions and Expenditures

321

(1)

Antiracketeering Laws

322

(7)

Public Employment and Labor Law

Introduction

329

(1)

Strikes by Government Employees

330

(11)

Federal Employment

341

(9)

State and Local Employment

350

(8)

Congressional Power over State Employment Standards

358

(7)

Occupational Safety and Health Law

Purpose and Scope

365

(1)

Administration

366

(4)

Standards

370

(9)

Employer Duties

379

(4)

Protection from Retaliation

383

(4)

Inspection

387

(4)

Citations and Penalties

391

(3)

Overlapping Jurisdiction

394

(2)

State Programs

396

(1)

State ``Right-to-Know'' Legislation

397

(6)

Discrimination Laws: Protected Classes Under Title VII and the Constitution

Introduction

403

(1)

Title VII as Amended

404

(12)

Race and Color

416

(7)

Religion

423

(11)

Sex

434

(8)

Employer Liability for Sexual Harassment

442

(19)

Employer Liability for Coworker and Nonemployee Sexual Harassment

461

(1)

National Origin Discrimination and ``English Only'' Rules

462

(3)

Protection Against Retaliation

465

(5)

Title VII: Section 703 Exceptions

470

(8)

Selected Constitutional Theories on Discrimination

478

(9)

Procedures and Remedies

Burden of Proof

487

(8)

Statistical Cases

495

(3)

Title VII Court-Ordered Remedies

498

(4)

Consent Decrees and Voluntary Affirmative Action Plans

502

(9)

Reverse Discrimination and Affirmative Action Plans

511

(4)

The Arbitration Option

515

(8)

Executive Order 11246: Affirmative Action Programs

523

(7)

Other Remedy Options

530

(11)

Pay Equity; Age Discrimination

Equal Pay for Equal Work

541

(5)

The Gunther Decision and Comparable Worth

546

(5)

Age Discrimination

551

(7)

Prohibited Practices and Damages

558

(6)

The Older Workers Benefit Protection Act; ADEA Exemptions and Defenses

564

(7)

Disability Discrimination Laws---Workers' Compensation, SSDI and the ADA---Medical And Military Leaves

Discrimination against Disabled Workers

571

(2)

The Rehabilitation Act of 1973

573

(8)

The Americans with Disabilities Act

581

(14)

Workers' Compensation: Relationship to the ADA

595

(9)

Accommodation between SSDI and the ADA

604

(1)

Family and Medical Leaves of Absence

605

(5)

Military Leaves and Reemployment Rights

610

(7)

Employment Relationships: Contractual and Tort Theories

Employment at Will, Exceptions, and Discrimination Claims

617

(13)

Whistleblower Protection under the Sarbanes-Oxley Act

630

(3)

Noncompetition Agreements

633

(2)

Employer Liability for Torts of Employees

635

(3)

Proper Classification of Workers

638

(1)

Negligent Hiring and Retention of Employees

639

(10)

Employee Privacy Topics

Historical Background, Introduction to Employee Privacy

649

(2)

Public Employees' Privacy Rights

651

(6)

Private Sector Employees: Property Searches

657

(1)

Invasion of Privacy

657

(7)

Monitoring Employee Telephone Conversations and e-Mail

664

(4)

Drug Testing

668

(9)

Alcohol Abuse and Employee Assistance Programs

677

(3)

Polygraph Examinations

680

(6)

Employee Defamation Claim

686

(9)

Wage and Hour Law---Closings and Unemployment---Foreign Workers

Developing Law Regulating Wages and Hours

695

(10)

Plant Closing Laws: The Warn Act

705

(6)

Unemployment Compensation

711

(4)

Employment-Related Immigration Laws: Introduction

715

(1)

Employer Sanctions and Verification Responsibilities

716

(1)

Employer Discrimination

717

(1)

Business Visas

718

(8)

Appendixes

Types of Cases Before National Labor Relations Board

726

(2)

Labor Management Relations Act, 1947, as Amended by Public Laws 86-257, 1959, and 93-360, 1974

728

(23)

Excerpts from the Labor-Management Reporting and Disclosure Act of 1959

751

(6)

Excerpts from Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972

757

(3)

Excerpts from Civil Rights Act of 1991

760

(7)

Excerpts from the EEOC's Uniform Guidelines on Employee Selection Procedures (1978)

767

(3)

Excerpts from the EEOC's Guidance on Vicarious Employer Liability for Harassment by Supervisors

770

(2)

Excerpts from Americans with Disabilities Act of 1990

772

(4)

Excerpts from the EEOC's ADA Enforcement Guidance: Preemployment Disability-Related Questions and Medical Examinations

776

(6)

Excerpts from the EEOC's Enforcement Guidance: Workers' Compensation and the ADA

782

(3)

EEOC Guidance to Field Offices on ADA Charges

785

(2)

Glossary

787

(8)

Index of Cases

795

(9)

Index of Subjects

804

Amazon no longer offers textbook rentals. We do!

Labor & Employment Law Text and Cases

Labor & Employment Law Text and Cases

9780324400755

0324400756

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Labor & Employment Law Text and Cases

Labor & Employment Law Text and Cases

9780324400755

0324400756

Summary

Table of Contents

Supplemental Materials

Write a Review

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