Modern Labor Law in the Private and Public Sectors is a casebook that presents a truly modern approach to labor law in the United States. Modern Labor Law incorporates two modern trends in labor law: the shift of union density from the private-sector to the public-sector and the growth of organizing outside the NLRA process. During the course of writing, the authors have continued to update the content to reflect the changes in public-sector labor laws in several states and the new debates over policy. Each chapter begins with cases and materials relating to private-sector workers and also includes materials relating to the same issue in the context of public-sector employment. This book incorporates both these modern trends, so that students entering the practice of labor law--on the side of unions, employers, or government agencies--will understand what they are likely to encounter. This book is structured around the life cycles of the organizing and collective bargaining processes. The first part of this casebook provides a history of labor relations in the United States, and the coverage of labor statutes in the private and public sectors. It then moves to organizing and collective worker protests, with one chapter mostly dedicated to modern alternatives to traditional union organizing, and other chapters explaining the traditional labor law protections for worker protests. This part also explores why and how the law of public-sector labor relations developed so much later and, in many ways, so differently, than private-sector law. The bulk of the rest of the book studies the life cycle of unions: collective bargaining; strikes, economic weapons, and impasse resolution in the public sector; contract administration; and secondary activity and related actions. It concludes with three chapters that examine the rights of individual workers within their unions, bargaining relationships in transition (successorship), and preemption.

This Document Supplement accompanies the third edition of Modern Labor Law in the Private and Public Sectors: Cases and Materials (2021).

To view or download the 2019 Supplement to this book, click here. This is the 2020 looseleaf printing of the casebook published in 2016. This casebook presents a truly modern approach to labor law in the United States. It incorporates two modern trends in labor law: the shift of union density from the private-sector to the public-sector and the growth of organizing outside the NLRA process. This book incorporates both these modern trends, so that students entering the practice of labor law will understand what they are likely to encounter. The new edition updates the content to reflect the changes in public-sector labor laws in several states and the new debates over policy

An introduction to the issues and procedures in local government collective bargaining.

From white-collar executives to mail carriers, public workers meet the needs of the entire nation. Frederick W. Gooding Jr. and Eric S. Yellin edit a collection of new research on this understudied workforce. Part One begins in the late nineteenth- and early twentieth century to explore how questions of race, class, and gender shaped public workers, their workplaces, and their place in American democracy. In Part Two, essayists examine race and gender discrimination while revealing the subtle contemporary forms of marginalization that keep Black men and Black and white women underpaid and overlooked for promotion. The historic labor actions detailed in Part Three illuminate how city employees organized not only for better pay and working conditions but to seek recognition from city officials, the public, and the national labor movement. Part Four focuses on nurses and teachers to address the thorny question of whether certain groups deserve premium pay for their irreplaceable work and sacrifices or if serving the greater good is a reward unto itself. Contributors: Eileen Boris, Cathleen D. Cahill, Frederick W. Gooding Jr., William P. Jones, Francis Ryan, Jon Shelton, Joseph E. Slater, Katherine Turk, Eric S. Yellin, and Amy Zanoni

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.

Constitutional considerations of protective laws for women were the analytical battlefield on which the legal community reworked the balance between private liberty and the state's authority to regulate. Julie Novkov focuses on the importance of gender as an analytical category for the legal system. During the Progressive Era and New Deal, courts often invalidated generalized protective legislation, but frequently upheld measures that limited women's terms and conditions of labor. The book explores the reasoning in such cases that were decided between 1873 and 1937. By analyzing all reported opinion on the state and federal level, as well as materials from the women's movement and briefs filed in the U.S. Supreme Court, the study demonstrates that considerations of cases involving women's measures ultimately came to drive the development of doctrine. The study combines historical institutionalism and feminism to address constitutional interpretation, showing that an analysis of conflict over the meaning of legal categories provides a deeper understanding of constitutional development. In doing so, it rejects purely political interpretations of the so-called Lochner era, in which the courts invalidated many legislative efforts to ameliorate the worst effects of capitalism. By addressing the dynamic interactions among interested laypersons, attorneys, and judges, it demonstrates that no individuals or institutions have complete control over the generation of constitutional meaning. Julie Novkov is Assistant Professor of Political Science, University of Oregon