Labor Law Analysis and Advocacy


Book Description

Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.




Basic Text on Labor Law


Book Description

Textbook commenting on labour legislation and jurisprudence dealing with collective bargaining and trade unionization in the USA - covers structure and operations of the national level labour relations board, interference with freedom of association and with trade union access to company property, picketing, secondary boycotts, right to strike, collective agreements, arbitration, discipline, union security (Closed Shop, Union Shop, agency shop), etc.




Legal Advocacy


Book Description

Compares the performance of lawyers and non-lawyers as advocates in various legal proceedings




Marginal Workers


Book Description

Undocumented and authorized immigrant laborers, female workers, workers of color, guest workers, and unionized workers together compose an enormous and diverse part of the labor force in America. Labor and employment laws are supposed to protect employees from various workplace threats, such as poor wages, bad working conditions, and unfair dismissal. Yet as members of individual groups with minority status, the rights of many of these individuals are often dictated by other types of law, such as constitutional and immigration laws. Worse still, the groups who fall into these cracks in the legal system often do not have the political power necessary to change the laws for better protection. In Marginal Workers, Ruben J. Garcia demonstrates that when it comes to these marginal workers, the sum of the law is less than its parts, and, despite what appears to be a plethora of applicable statutes, marginal workers are frequently lacking in protection. To ameliorate the status of marginal workers, he argues for a new paradigm in worker protection, one based on human freedom and rights.




United States Code


Book Description




Offensive Bargaining


Book Description

David Rosenfeld, partner in a well-known California labor law firm, has represented unions in negotiations since 1973, and in the process has developed an arsenal of tactics, contained in this controlled-availability book, to deal with and overcome employers who refuse to bargain in good faith. Rosenfeld shows you how to fight fire with fire, and then some.




Origins of Protective Labor Legislation for Women, 1905-1925


Book Description

In this comprehensive, wide-ranging analysis, Susan Lehrer investigates the origins of protective labor legislation for women, exposing the social forces that contributed to its passage and the often contradictory effects it had on those it was designed to protect. A rapidly expanding female work force is prompting both employers and society to rethink attitudes and policies toward working women. Lehrer provides critical insight into current issues affecting female employees--pay equity, equal rights, maternity--that have their roots in past debates about and present realities affecting women workers. Protective labor laws enacted from 1905 to 1925 had the effect of delimiting the position of working women. Lehrer examines the relationship between women's work in the labor force and domestic labor, and the reasons why the government was interested in regulating this relationship. Focusing on the dual need for a continuing labor force (women as producers of children) and cheap labor (women in low-paying jobs), she demonstrates the way in which social reforms worked to the advantage of capitalism even though they materially aided subordinate classes. The principal groups considered herein are social reform organizations (suffragists and the Women's Trade Union League), organized labor (AFL, ILGWU, printing trades' unions), and employers' associations (National Association of Manufacturers and the National Civic Federation). Considered together, this book provides a broad and detailed picture of the forces involved in the issues of protective labor legislation.




Labour Law in the USA


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the USA not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in the USA, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.




American Labor and the Law


Book Description

In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.




Moral Wages


Book Description

Moral Wages offers the reader a vivid depiction of what it is like to work inside an agency that assists victims of domestic violence and sexual assault. Based on over a year of fieldwork by a man in a setting many presume to be hostile to men, this ethnographic account is unlike most research on the topic of violence against women. Instead of focusing on the victims or perpetrators of abuse, Moral Wages focuses exclusively on the service providers in the middle. It shows how victim advocates and counselors—who don't enjoy extrinsic benefits like pay, power, and prestige—are sustained by a different kind of compensation. As long as they can overcome a number of workplace dilemmas, they earn a special type of emotional reward reserved for those who help others in need: moral wages. As their struggles mount, though, it becomes clear that their jobs often put them in impossible situations—requiring them to aid and feel for vulnerable clients, yet giving them few and feeble tools to combat a persistent social problem.