1st Edition

Labor Law A Basic Guide to the National Labor Relations Act

By David E. Strecker Copyright 2011
    197 Pages 3 B/W Illustrations
    by CRC Press

    Whether you are a supervisor, a business owner, or an HR professional, it is essential that you understand the laws and rules governing how one treats employees and interacts with unions. In a comprehensive and accessible format, Labor Law: A Basic Guide to the National Labor Relations Act provides a practice-oriented foundation on labor law. The book sheds light on one of America's most important laws and one which is also, perhaps, the most misunderstood.

    This book presents an overview of labor and employment laws such that managers may understand their rights as employers as well and their employees' rights. It covers an introduction to the topic of labor and employment law as well as a brief history within the United States. Other chapters deal with unions and union relations, collective bargaining agreements, grievances, labor arbitration, unfair labor practice proceedings, and strikes and lockouts. The author does not focus on complex regulations and convoluted case law, but distills them to reveal the essence of the NLRA and how it works.

    As important as it is, at times labor law can seem counter-intuitive. Written by a highly experienced labor lawyer, this book contains concise explanations in an easy-to-use format. Clearly delineating a process that can be fraught with traps for the unwary, it supplies a quick reference that can be used in a crisis situation to understand the parameters of what you can and cannot do.

    INTRODUCTION TO LABOR AND EMPLOYMENT LAW
    The Importance of Labor and Employment Law in Our Society
    The Importance of Labor and Employment Law in Running a Business
    Aims of this Book
    An Explanation of Some Terms and the Basics of the legal system
    A BRIEF HISTORY OF LABOR AND EMPLOYMENT LAW IN THE UNITED STATES
    The Common Law Criminal Conspiracy Doctrine
    Strikes and Violence
    The Labor Injunction
    The National Labor Relations Act
    The Fair Labor Standards Act of 98
    Civil Rights Statutes
    Other Statutes
    LABOR LAW: DEALING WITH LABOR UNIONS AND THE NATIONAL
    LABOR RELATIONS ACT
    An Overview of the National Labor Relations Act
    Basic Rights of Employees
    Unfair Labor Practices
       Employer Unfair Labor Practices
       Union Unfair Labor Practices
    What Do You Do If Your Business Is Subject to a Union Organizing Drive 
       The Early Warning Signs
       The Do’s and Don’ts
          What You CAN’T Do
          What You CAN Do
          How to Deal with the Union Business Agents
          How to Deal with Agents of the National Labor Relations Board
          The Uses and Abuses of no-solicitation/no distribution Rules
    The "Ins and Outs of a Labor Election
       The Petition
       The "Critical Period" Doctrine
       The Bargaining Unit
       Eligibility to Vote
       Representation Hearing
       "Consent vs "Stipulated" Elections
       The Excelsior List
       The "Big Blue Notice"
       The Election Campaign
          The Do’s and Don’t’s
          Employer "Free Speech" rights
          The Laboratory Conditions Standard
          Methods of Campaigning
          Captive Audience Speech
          Common Union Strategies
          The Campaign Calendar
       Election Day
          The Pre-Election Conference
          The Mechanics of Setting Up the Polls
          The Role of the Observers
          The Voting Process
          Ban on Electioneering In and Around the Polls
          Where Should You Be During the Voting
          The Challenge Process
          Counting the Ballots
    Objections to the Election
       Bar Rules
          Election Bar
          Certification Bar
          Contract Bar
       Types of Election Petitions
          RC Petition
          RD Petition
          RM Petition
          UD Elections
          UC Petitions
          UA Petitions
    A Word About the Employee Free Choice Act
    LIVING WITH A UNION
    Introduction
    Bargaining for a Contract
       The Duty to Bargain in Good Faith
       The Duty to Exchange Information
       Preparing for Contract Negotiations
          Who is involved?
          Set and prioritize goals
          Strike preparation
          Information gathering
          The negotiation team
          The first session
          The typical process
          Some pointers
          Ratification
    The Bermuda Rectangle of Labor Law: The relationship and interaction of contract expiration date-impasse-the duty to bargain-and the right to strike
    Contract Extension Agreements
    Strike Notification Agreements
    The Role of Union Stewards, Business Agents, Etc
    INTRODUCTION TO A COLLECTIVE BARGAINING AGREEMENT
    Terminology
    Legal Status of Collective Bargaining Agreement
    An Examination of Common Clauses of Collective Bargaining Agreements
    GRIEVANCES
    What Is a Grievance?
    Examples of Grievances
       Grievance Procedures
       The Supervisor’s Role in the Grievance Procedure
       Investigating a Grievance
       Some Miscellaneous Points about Grievances
    LABOR ARBITRATION
    What Is a Labor Arbitration?
    The Legal Status of Labor Arbitration
    How is An Arbitrator Selected?
    Researching an Arbitrator
    Preparing for a Labor Arbitration Hearing
    The Arbitration Hearing Itself
    Expedited Arbitration
    Enforcement of Arbitration Awards
    The Relationship of the National Labor Relations Act to the Arbitration
    UNFAIR LABOR PRACTICE PROCEEDINGS
    The Charge
    The Investigation
    Decision of the Regional Director
    The Unfair Labor Practice Hearing and Its Aftermath
    Remedies Which May Be Ordered By the Board
    The Arbitration Hearing Itself
    Expedited Arbitration
    Enforcement of Arbitration Awards
    The Relationship of the National Labor Relations Act to the Arbitration
    STRIKES AND LOCKOUTS
    Strikes
       Definition and Legal Basis for a Strike
       When May a Union Lawfully Strike?
       When is a Union Prohibited from Striking?
       Economic and Unfair Labor Practice Strikes
       Unprotected Activities During an Otherwise Lawful Strike
          Trespass
          Violence
          Blocking Entry and Exit
          Damage to Property
          Investigation of Picket Line Misconduct
          In Plant Work Stoppages
          Intermittent Strikes
          Statements by Strikers Which Disparage the Employer’s Product or Service
          Secondary Boycotts
       Ambulatory Picketing
       Common Situs Picketing
          Construction Situation
          The General Electric Scenario
          Special Rules for Strikes at Health Care Establishments
    Lockouts

    Biography

    David E. Strecker has been practicing labor and employment law for over 30 years. He is admitted to practice in New York and Oklahoma and represents clients from all sectors of industry and business. His legal experience encompasses the full range of employment law, including labor relations, employment discrimination, wrongful termination, workplace safety, wage/hour matters, policy/handbook preparation, employment contracts, non-compete covenants, and employee benefits. He is an experienced advocate before state and federal courts and administrative agencies.

    Mr. Strecker is a regular speaker at CLE Seminars and has published several articles on labor and employment law issues. He teaches Labor Relations at Oklahoma State University and Negotiation and Management Skills at the University of Tulsa. Mr. Strecker graduated from Cornell University with a Juris Doctorate (cum laude) and a Masters degree in Industrial and Labor Relations. He received his undergraduate degree (magna cum laude) from Westminster College in Fulton, Missouri. He is a member of the American Bar Association and the Oklahoma Bar Association. He is also a member of the Society for Human Resource Management. His name appears in The Best Lawyers in America and Who’s Who in America.