Part One: Legal Aspects of Collective Bargaining: National Labor Relations Board Cases Introduction to the Labor Management Relations Act (LMRA) Selected Bibliography Partial Text of the Labor Management Relations Act, 1947 Index to Cases for Part One 1. Improper Interference with Union 's Freedom of Speech 2. Supervisor or Member of Bargaining Unit? 3. Jurisdiction of the NLRB over a Government Contractor 4. Surveillance of the Employee and Nonemployee Union Organizers 5. Withholding a Wage Increase Prior to a Representational Election 6. Independent Contractors or Employees? A Company's Refusal to Bargain 7. On the Dole: A Refusal to Bargain with a Properly Certified Union 8. Racial/Ethnic Prejudice during a Union Representational Election 9. Waiver to Arbitrate or Unlawful Refusal? 10. Claim of an Inability to Pay Wage Demands: What is Bargaining in Good Faith? 11. Was the Employee Involvement Committee a Violation of Labor Law? 12. A Penny Saved Was a Warning Not Earned 13. Termination for Failure to Report Accident or for Solicitation of Employees 14. Causes for Discharge: A Game of Ladders and Questions 15. Discharge for Disruptive Conduct, or for Protected Union Activity? 16. Was the ESOP Leveraged Buyout Proposal Protected Concerted Activity? 17. The Distasteful and Offensive Definition of a “Scab” 18. Deferral to an Existing Arbitration Award: Just Cause or Protected Activity? 19. Did the Employee Have the Right to Have a Union Representative Present? 20. Was Changing the Christmas Bonus Formula an Unfair Labor Practice? 21. Payment of a Signing Bonus to Nonstriking Employees 22. Crossing Picket Lines: Union 's Right to Discipline? 23. Voluntary Participation Programs and Union Discipline 24. Threats and Insubordination, or Performing a Shop Steward's Job? 25. Judicial Review of the NLRB's “Punitive” Remedy Concerning the Health Care Plan 26. The Enforcement of No-Solicitation Rules: A Real Whopper 27. Management Teams or Employee Involvement Committees: Authority to Put a Cork in It 28. The Company's Refusal to Provide a List of Disciplinary Work Rules 29. The Obligation to Reduce the Agreement to a Written Contract 30. Information Requests and the Duty to Bargain Collectively: Not Mickey Mouse 31. A Presumption of Union Interference During a Decertification Election 32. Threatening the Union Dissidents 33. The Grievance-Processing Fee for Nonmembers in a Right-to-Work State 34. The Union 's Letter to Nonmember Employees Who Crossed the Picket Line 35. Resignation from the Union and Checkoff of Dues 36. Were the Union 's Grievances an Unlawful Secondary Boycott? 37. Whose Work is it? Case of a Jurisdictional Dispute 38. How Do I Get My Cookies? Information Requests to the Contract Part Two: Case Problems in Union-Management Relations: Cases from Grievance Arbitration Conflict Resolution, Grievance Procedures, and Arbitration Selected Bibliography Index to Cases for Part Two 39. Who Should Maintain the Parks and Ballfields? 40. Health Insurance Coverage Unilaterally Changed by Public Employer 41. A Changed Remedy for Misassignments 42. Probation for the Teacher 43. Appeal to Arbitration: A Day Late? 44. Denial of the Safety Incentive Prize 45. Demoted or Reclassified? 46. Voluntary Resignation or Layoff? 47. The Doubtful Worker 48. The Recalled Management Trainee 49. The Right to Bid Down 50. Taking Care of Union Business 51. Sick Leave for Adoption Care 52. An Issue of Reasonable Accommodation 53. Refusal to Post the Union 's Memorandum 54. Terminated for Possessing a Gun 55. Are Teachers Obliged to Supervise Students in the Cafeteria? 56. Anti-Arab Comments: Cause for Discipline? 57. Abuse of a Senior Citizen Resident 58. Ability and Seniority for Promotion: Which Controls? 59. Company Picnic: Employee Benefit or Gratuity 60. An Error in Equalizing the Overtime 61. Forced to Work on a Holiday 62. Full Consideration to Seniority and Qualifications 63. No Accommodation without an Examination 64. Last Chance Violation: Strike Three or Overreaction? 65. Health Insurance Benefits for Same-Sex Domestic Partners 66. Arbitrability of the Scheduling Past Practice 67. How Should the Lead Skycap be Selected? 68. Post-Reinstatement Drug Testing 69. Conflict of Interest Rules and Discharge for News Photographer 70. Sickness and Accident Benefits Denied 71. Self-Defense or Excessive Use of Force 72. Egregious Horseplay 73. No Reporting Pay 74. Who Decides if an Employee is Unable to Work? 75. Internet Kiddie Pornography at Work: Just Cause for Discharge? 76. Unilateral Changes to the Absence Control Policy 77. Wage Concession: Contract Violation or Authorized Wage Freeze? 78. Layoff of the Higher-Seniority Employees 79. Cash Same as Stock? The Case of the 401k Contributions 80. Vacation, or Layoff, During a Shutdown 81. Discharge for Job Abandonment? |