Labor Law

, by Henderson, Stanley D.

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ISBN: 9781587780790 | 1587780798
Cover: Hardcover
Copyright: 12/1/2000

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Preface

iii

Acknowledgments

Supplementary Readings

Table of Cases

xxvii

PART I Unionization and Collective Action

(628)

The Origins and Structure of a National Labor Law

(66)

The American Labor Movement

(12)

Union Activities and the Common Law

(13)

Legislating a National Labor Policy

(7)

The Rationale for Unionization and Collective Bargaining

(17)

NLRB Jurisdiction, Organization, and Procedure

(16)

The Collective Structure: An Overview

(96)

The Union's Control Over the Individual

(22)

The Requirement of a Shared Process

(45)

The Union's Duty of Fair Representation

135

(16)

``Union Security''

151

(13)

Protection of the Organizing Process

164

(81)

Regulation of Campaign Practices

164

(46)

Limiting Organizing on Company Premises

210

(24)

Insulating Representatives from Employer Control

234

(11)

Protection Against ``Discrimination''

245

(123)

``Protected'' Activities: An Overview

246

(46)

Reprisals Against Protected Activities

292

(28)

Collective Bargaining, Strikes, and Countervailing Employer Action

320

(48)

Establishing Representative Status

368

(85)

The Administraction of NLRB Elections

369

(7)

The Duration, and Termination, of Majority Status

376

(23)

``Appropriate Units'' for Election and Bargaining

399

(26)

Bargaining Rights Through Unfair Labor Practice Proceedings

425

(28)

Regulating Collective Action by Labor Organizations

453

(136)

Anti-Injunction Legislation

453

(10)

Constitutional Limitations

463

(33)

Organizational Picketing

496

(15)

Secondary Pressures

511

(60)

The Antitrust Exemptions

571

(18)

Federalism: The Impact of the NLRA on State Authority

589

(40)

``Primary Jurisdiction'': Balancing Interests Under Garmon

591

(21)

Federal ``Occupation of the Field''

612

(11)

The Scope of Federally-Directed Bargaining

623

(6)

PART II The Enforcement of Collective Agreements--Arbitration, Courts, and the NLRB

629

(274)

The Grievance-Arbitration Process

630

(62)

Seniority and Unit Jobs

637

(16)

Past Practice

653

(6)

Discharge and Discipline

659

(25)

Speech and Privacy in the Workplace

684

(8)

Arbitration and Courts: The Federal Common Law

692

(106)

Arbitrability

706

(15)

Judicial Review of Awards

721

(15)

Arbitration and External Law

736

(35)

The Quid Pro Quo: No-Strike Clauses

771

(27)

Individual Rights and the Collective Agreement

798

(44)

Section 301 Preemption

798

(15)

Fair Representation and Individual Rights Under the Collective Agreement

813

(29)

Arbitration and the NLRB

842

(35)

Concurrent Jurisdiction

842

(4)

Administrative Deference to Arbitration

846

(15)

Adjusting the Agreement Midterm: A Study in Statutory and Contractual Overlap

861

(16)

The Duration of Contractual and Bargaining Obligations

877

(26)

Contract Expiration: Arbitration's Afterlife

877

(13)

Disruption Through ``Successorship''

890

(13)

Index

903

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