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Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
Labor Guide to Labor Law is a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.Labor Guide to Labor Law is structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.
Have you ever felt your blood boil at work but lacked the tools to fight back and win? Or have you acted together with your co-workers, made progress, but wondered what to do next? If you are in a union, do you find that it operates top-down just like the boss and ignores the will of its members? Labor Law for the Rank and Filer: Building Solidarity While Staying Clear of the Law is a guerrilla legal handbook for workers in a precarious global economy. It demonstrates how a powerful model of organizing called “solidarity unionism” can help workers avoid the pitfalls of the legal system and use direct action to win. Blending cutting-edge legal strategies for winning justice at work with a theory of dramatic social change from below, Staughton Lynd and Daniel Gross deliver a practical guide for making work better while reinvigorating the labor movement. The book examines specific cases concerning fundamental labor rights and includes a section on tactics and principles of practicing solidarity unionism. Illustrative stories of workers’ struggles make the legal principles come alive. The New York Times has reported on the book’s importance in recent and ongoing labor organizing in the tech industry—for example among employees of Google, Kickstarter, and Uber, whose union campaigns were influenced by ideas gleaned from Labor Law for the Rank and Filer. Meredith Whittaker, a former Google research scientist who was one of the organizers of the 2018 Google employee walkout, said that the book has been “incredibly helpful in thinking through options for action, ways of building collective power, and giving workers who often aren’t familiar with labor law some working knowledge that can guide decision making.”
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
This one-volume, concise treatise on labor law explains the analytical structure that governs how employees form workplace organizations and bargain over the terms and conditions of employment. It covers new forms of labor organizing, such as the corporate campaign, card check/neutrality agreements, and worker centers. It is designed to complement leading labor law casebooks with analysis of the principal decisions, context, and social justice policy. It reflects decisional and other developments through August 2019.
This book tells the story of the development of labor law over the course of nearly seventy years - beginning with Mackay Radio, one of the earliest cases under the National Labor Relations Act (NLRA), and ending with Hoffman Plastic, one of the most recent. It includes cases from the major topics in a basic or advanced course on Labor Law, describing not only the doctrinal evolution of law under the NLRA, but also the impact of the law on the lives of the people involved. The authors interviewed dozens of participants in the fourteen cases addressed in the book.
An Introduction to Labor Law is a useful primer that explains the basic principles of the federal law regulating the relationship of employers to labor unions. In this updated third edition, which features a new introduction, Michael Evan Gold discusses the law that applies to union organizing and representation elections, the duty to bargain in good faith, economic weapons such as strikes and lockouts, and the enforcement of collective bargaining agreements. Gold describes the structure and functions of the National Labor Relations Board and of the federal courts in regard to labor cases and also presents a number of legal issues presently in contention between labor and management.
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.
View the 2021 Supplemental Website here. The problem-based approach of Labor Law: A Problem-Based Approach moves beyond lectures, the Socratic teaching model, and the casebook method, while developing the critical reasoning skills required to be a successful attorney. The problem-based pedagogical method will directly help students by synchronizing the way labor law is taught with the way it is typically tested. The book is updated through the end of 2016 and features the most important cases, documents, and articles for students to become proficient in the practice of American private-sector labor law.