Synopses & Reviews
Cases in Collective Bargaining and Industrial Relations contains 81 cases that vary in length, complexity and numbers of issues. A major objective of the book is to provide a means by which students can apply principles, concepts, and legal considerations to actual decision situations and confrontations between labor and management. These cases have been tested in seminars and classes, and are challenging, fascinating learning instruments. As in previous editions, the cases are divided into two parts. Part One presents National Labor Relations Board cases as restructured from published reports of the NLRB and court decisions. Part Two consists of cases adapted from grievance-arbitration decisions.
Table of Contents
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 Unions 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 Companys 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: Unions Right to Discipline?
23. Voluntary Participation Programs and Union Discipline
24. Threats and Insubordination, or Performing a Shop Stewards Job?
25. Judicial Review of the NLRBs “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 Companys 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 Unions Letter to Nonmember Employees Who Crossed the Picket Line
35. Resignation from the Union and Checkoff of Dues
36. Were the Unions 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 Unions 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?