BOOKS

LABOR LAW
The Developing Labor Law:
The Board, the Courts, and the
National Labor Relations Act,
Sixth Edition
John E. Higgins, Jr., Editor-in-Chief
(Main Volume); Tanja L. Thompson,
Gwynne A. Wilcox, and Barry J. Kearney,
Editors-in-Chief (2013 Supplement)
Committee on Development of the Law
Under the National Labor Relations Act,
ABA Section of Labor and Employment Law
The ultimate desktop reference for labor and employment
law practitioners
For more than 40 years, practitioners have relied on The Developing Labor
Law: The Board, the Courts, and the National Labor Relations Act
to keep them current on U.S. labor law. This two-volume treatise, written by
distinguished members of the ABA Section of Labor and Employment Law
representing management, labor, and neutrals, is the essential research tool for
labor and employment law practitioners. It provides an authoritative, balanced
perspective on the legal rights and duties of employees, employers, and unions
and on procedures and remedies under the National Labor Relations Act (NLRA).
The Sixth Edition offers updated discussion of a number of important topics,
including:
• Employer-mandated confidentiality agreements
• Employee handbook restrictions on solicitations
• Definition of a supervisor, an independent contractor, and a “salt”
• The disagreement between the Board and the Ninth Circuit
concerning the right of an employer to unilaterally discontinue union
dues checkoff after a contract expires
• Obligation of an employer to provide financial information requested
by the union during bargaining
• Legitimacy of union use of inflated rat balloons and banners to
advertise labor disputes
• Rights of employees to object to payment of full union dues under a
union shop agreement
• Obligation of an employee who is unlawfully discharged under the
NLRA to seek interim employment
Cases discussed in the Sixth Edition concern such topics as:
• Employer restrictions on the use of company email to discuss
union activity
• Standards for determining the unit in which an election should be
held when unions are seeking smaller units than employers
• Whether voluntary recognition bars the filing of an election petition
• Whether union bannering amounts to picketing in violation of the
secondary boycott and recognitional picketing provisions of the NLRA
• The requirement by unions that employees notify them annually
of their objections to paying union dues in excess of the cost of
representing the unit
• The standards for determining whether an employer’s refusal to hire a
“salt” is unlawful
• Qualification of an “at will” employee as a permanent strike
replacement
• Assessment of supervisory status
• Board jurisdiction over operators of charter schools
SUPPLEMENT INFORMATION >>>
The 2013 Supplement discusses significant decisions reversing longstanding
NLRB precedent, including WKYC-TV, in which the NLRB reversed 50 years
of precedent and announced that employers may not unilaterally discontinue
dues-checkoff provisions after the expiration of collective bargaining agreements,
and Piedmont Gardens, in which the NLRB reversed 35 years of precedent,
dramatically changing the rule applicable to employers in responding to union
information requests seeking employee witness statements collected during
a workplace investigation. The 2013 Supplement also reviews recent NLRB
social media cases, including Hispanics United of Buffalo, Inc., in which the
NLRB found that an employer violated the Act by firing five employees for
comments they posted on Facebook, and cases in which the NLRB found
employer rules and policies violate Section 7 of the Act and infringe upon
employees’ rights.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
“The Developing Labor Law is the most comprehensive resource
in the field—I have been using it ever since it first came out. The new
Sixth Edition offers the latest analysis, and I would recommend it to
anyone working in our field.”
—Gordon E. Krischer, Of Counsel, O’Melveny & Myers LLP, Los Angeles, Calif.
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
John E. Higgins, Jr., is an adjunct faculty member at the Columbus School of Law, The
Catholic University of America, Washington, D.C., and is retired from the NLRB.
Tanja L. Thompson is a shareholder in the Labor Management Relations practice group
with Littler Mendelson, Memphis, Tenn.
Gwynne A. Wilcox is a partner with Levy Ratner, New York, N.Y.
Barry J. Kearney is the associate general counsel of the Division of Advice at the National
Labor Relations Board in Washington, D.C.
SUMMARY OF CONTENTS
Part I. History of the NLRA
Chapter 1. Historical Background of the Wagner Act
Chapter 2. The Wagner Act Period
Chapter 3. The Taft-Hartley Changes
Chapter 4. The Landrum-Griffin Changes
Chapter 5. The Post–Landrum-Griffin Period
Part II. Protected Employee Activity
Chapter 6. Interference With Protected Rights
Chapter 7. Discrimination in Employment
Chapter 8. Employer Domination of and Assistance to Labor Organizations
Part III. The Representation Process and Union Recognition
Chapter 9. Restrictions on Preelection Activity: “Laboratory Conditions”
Chapter 10. Representation Proceedings and Elections
Chapter 11. Appropriate Bargaining Units
Chapter 12. Recognition and Withdrawal of Recognition Without an Election
Part IV. Collective Bargaining Process
Chapter 13. The Duty to Bargain
Chapter 14. Effect of Change in Bargaining Representative During the Term of a
Collective Bargaining Agreement
Chapter 15. Effect of Change in the Employing Unit: Successorship
Chapter 16. Subjects of Bargaining
Part V. Arbitration and the Act
Chapter 17. Relation of Board Action to Enforcement of Agreements Under Section 301
Chapter 18. Accommodation of Board Action to the Arbitration Process
Part VI. Economic Action
Chapter 19. The Primary Strike
Chapter 20. The Lockout
Chapter 21. Picketing for Organization and Recognition
Chapter 22. Secondary Activity: Handbills, Pickets, and Strikes
Chapter 23. Section 8(e): The “Hot-Cargo” Agreement
Chapter 24. Jurisdictional Disputes and “Featherbedding”
Part VII. Relations Between Employee and Union
Chapter 25. The Duty of Fair Representation
Chapter 26. Union Security
Part VIII. Administration of the Act
Chapter 27. Jurisdiction: Coverage of the Act
Chapter 28. Federal Preemption of State Regulation
Chapter 29. Accommodations to Other Federal Enactments
Chapter 30. RICO and Labor Law
Chapter 31. NLRB Procedures
Chapter 32. NLRB Orders and Remedies
Chapter 33. Judicial Review and Enforcement
Appendix: National Labor Relations Act
Table of Cases
Index
2012/2 Volumes/3,582 pp. Hardcover with 2013 Supplement
Order #9280P/$710.00
2013 Supplement alone/ISBN 978-1-61746-280-1
Order #2280/$210.00
See Bundled Order #8183, 8443, 8480, 8493, 8690, and 8799 on order form for best value.
New Cumulative Supplement Due Winter 2014.
www.bna.com/bnabooks/dll
20
www.bna.com/bnabooks