Labor Law Analysis and Advocacy
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Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues.
A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management.
Both generalist and specialist practitioners will find Labor Law Analysis and Advocacy to be a valuable source of information in situations ranging from the presentation of cases before courts, or the NLRB to advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges, their law clerks and, to students doing basic or advanced study in labor law.
Robert A. Gorman began teaching at the University of Pennsylvania Law School in 1965 and was Kenneth W. Gemmill Professor of Law until becoming Emeritus Professor in 2000. He is a member of the National Academy of Arbitrators and the American Law Institute, and has served as the President of the American Association of University Professors and the President of the Association of American Law Schools. He has written articles and books on the subjects of labor law, intellectual property, and legal education. Professor Gorman has been a co-author of the nation's most widely adopted casebook on labor law (Archibald Cox, Derek Bok, and Robert Gorman, Labor Law; Cases and Materials), beginning with the seventh edition in 1976 and Matthew Finkin became a co-author with the eleventh edition. The book is now in its fifteenth edition (Foundation Press 2011). The Hornbook on which the present book is based, Basic Text on Labor Law Unionization and Collective Bargaining, written by Professor Gorman, was first published in 1976. It was revised in 2004 by both Professors Gorman and Finkin.
Matthew W. Finkin is the Albert J. Harno and Edward W. Cleary Chair in Law at the University of Illinois College of Law. He also directs the law school's Program in Comparative Labor and Employment Law and Policy, and since 1997 has been the General Editor of the comparative law journal bearing that name. He has been a Fulbright Professor and a German Marshall Fund Lecturer, and a recipient of the von Humboldt Foundation's award for internationally acknowledged achievements in the field of labor law. He is the author, editor or co-editor of eight books, including (with Professor Gorman) the Hornbook and Casebook on Labor Law, and Privacy in Employment Law; and he has authored an extensive body of scholarly periodical articles in labor and employment law, higher education law, and comparative law, and he has lectured widely in the U.S., Asia and Europe.
Lawrence J. Casazza is a pre-eminent management-side practicing Attorney, presently a shareholder in the Chicago-based international law firm of Vedder Price. He is a Fellow in the College of Labor and Employment Lawyers and a Lifetime Fellow of the American Bar Foundation. Mr. Casazza has also served in high labor-management positions with the American Bar Association.
David A. Rosenfeld is a shareholder in the Alameda, California law firm of Weinberg, Roger & Rosenfeld, one of the largest labor and employment law firms in the U.S., specializing in the representation of unions and employees. He has argued many significant labor and employment law cases before the Supreme Court, federal and state appellate courts, and the National Labor Relations Board. Mr. Rosenfeld has taught for a number of years at the University of California, Berkeley School of Law (Boalt Hall).
"After more than 75 years, the National Labor Relations Act remains vital, controversial -- and too often misunderstood. This comprehensive, single-volume treatise fills a pressing need, explaining a complicated statute with care and insight. It belongs not just in every law office that might deal with workplace issues, but in every judicial library as well."
- Wilma Liebman, former Chairman of the National Labor Relations Board (NLRB) was first appointed to the NLRB in 1997, and she eventually became the third-longest serving member of the Board.
"In this latest edition of Labor Law Analysis and Advocacy, Professors Gorman and Finkin, two giants in the field of labor law, once again have claimed the preeminent position in labor law scholarship. Their lucid, insightful and comprehensive examination of labor law rules and their development is an indispensable tool for scholars, practitioners, government personnel, and students. Gorman's and Finkin's scholarship is complemented fully by well-edited practical advice from two highly regarded and experienced labor law advocates. No serious professional in the field should be without this seminal and compelling work on his bookshelf."
- Marshall B. Babson, former Member, National Labor Relations Board, Partner, Seyfarth Shaw LLP, Adjunct Professor, George Washington University Law School
"As a very active practitioner of union side labor law, I use Labor Law Analysis and Advocacy extensively in my day to day practice. Even with my several decades of experience, it provides me with a much needed refresher on basic principles and techniques as well as an essential update on recent developments in the field. Lawyers of every level of experience will benefit from the work's clear, concise and yet scholarly explanations. I would not practice labor law without it."
- Joseph M. Goldhammer, Partner, Buescher, Goldhammer, Kelman & Perera, P.C., past Chair of the Colorado Bar Association Labor Law Committee
"Labor Law Analysis and Advocacy is an invaluable resource that should find a place on every labor lawyer's bookshelf. This treatise is comprehensive, rich in detail and very thoughtful."
- Michael Rubin, Partner, Altshuler Berzon LLP. Fellow of The College of Labor and Employment Lawyers and member of the Board of Directors of the AFL-CIO's Lawyers' Coordinating Committee
"It doesn't matter how long one has been practicing labor law, one always wants to be able to turn to a treatise that provides a clear, concise, comprehensive and unbiased description of the pertinent law and its practical applications. The latest edition of Labor Law Analysis and Advocacy, by Professors Gorman and Finkin, definitely fills this need. For those who would consider cutting back on additions to their library, don't make a mistake about this volume. If you already have it, you know it's an essential reference; if you don't, I'd recommend quickly acquiring it and encouraging others to take advantage of what it has to offer."
- Stephen B. Moldof, Partner, Cohen, Weiss and Simon LLP, Member of the Council of the ABA's Labor & Employment Law Section, former Co-Chair of the ABA's Railway Labor Act and International Labor and Employment Law Committees, and Fellow of the College of Labor and Employment Lawyers.
"I unhesitatingly commend Labor Law Analysis and Advocacy as a MUST for anybody who practices in the field of labor law. It contains a most comprehensive yet practical analysis on the entire gamut of labor law issues that practitioners will face. It is scholarly, with a plethora of citations of the leading statutes, cases, and Regulations on every issue but not pedantic. It is written in a style that will be readily useful to both the generalist and specialist. It is replete with Advocate Practice Points which focus on the real world consequences of that Section's more scholarly analysis. My only regret: I wish that I had had this text available to me in my early years of practice. One final note: My recommendation is glowing in the extreme because that is how I evaluate Professor Finkin and Professor Gorman's book. It truly is the single best text on labor law that I have seen."
- Stanley Eisenstein, Partner, Katz, Friedman, Eagle, Eisenstein, Johnson & Bareck P.C.
"Labor Law Analysis and Advocacy is an absolutely essential resource for students and practitioners of labor law. As an adjunct professor of labor law, I always recommended prior editions of this book to students who were seeking a comprehensive and accessible summary of the legal principles underlying the National Labor Relations Act. And now, with the addition of the "Advocate Practice Points," the book has become an even more valuable tool for practitioners. Professors Gorman and Finkin, two of the most learned and influential scholars in this field, have written thorough, lucid, and engaging summaries covering every possible angle in this complex area of the law. Their treatise has always had a prominent place on my office bookshelf, and the newest edition will certainly be within reach at all times. I recommend it without reservation."
- Dennis P. Walsh, former Member of the National Labor Relations Board; former Adjunct Professor of Labor Law, Howard University School of Law
"This is an extraordinary treatise -- a single volume providing virtually anything and everything the practitioner might need, to analyze a legal issue or plan a course of action. Whether you are an experienced, full-time labor lawyer or an occasional "visitor" to our arcane world, you should have this volume within reach. For those of us with the need to engage in the mind-bending exercise of trying to make an intellectual whole from the various detours, dead-ends and hairpin turns found in the NLRB decisions, Professors Gorman and Finkin have made a significant contribution towards the creation of the labor lawyer's version of string theory! I will keep a second copy at home for those nights and weekends when we all try to deal with the knottiest problems." - L. Robert Batterman. Partner, Proskauer Rose, LLP.
"Labor Law Analysis and Advocacy is definitely the place to start for lawyers, law students, and law professors seeking guidance in understanding the intricacies of labor law. In graceful and intelligent prose, the authors offer a broad, comprehensive and detailed overview of labor law that not only reflects current legal doctrine but also places it in a historical and developmental context for deeper understanding. Throughout, the book goes beyond description to offer thoughtful analysis of complex concepts. The book is organized with clearly labeled section and subsection headings that allow the reader quickly to find the answer to a question and with footnoted citations facilitating further research. The book will prove an ideal reference in many legal settings. Professors wanting information about unfamiliar aspects of labor law will find the book a perfect starting place. Law students will want to look to the book as a supplemental reference in their labor law courses. This work offers even more utility for practicing attorneys because the professors' analysis is presented along with that of two experienced labor attorneys (management attorney Lawrence J. Casazza and union attorney David A. Rosenfeld) who have provided in boxes throughout the book relevant advocacy and planning advice for attorneys representing unions and employers. At a time when so many new employment law associates haven't had a course in labor law, partners will want to send them first to Labor Law Analysis and Advocacy."
- Laura J. Cooper is the J. Stewart & Mario Thomas McClendon Professor in Law and Alternative Dispute Resolution at the University of Minnesota Law School where she has taught Labor Law for more than thirty-five years. She is the Faculty Co-Editor of the ABA Journal of Labor & Employment Law.