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Labor Law Analysis and Advocacy

 
Price:
$175.00
ISBN: 978-1-57823-325-0
Author: Robert A. Gorman and Matthew W. Finkin
Page Count: 1,486
Published: July 2013
Media Desc: 1 Hardcover Volume. Index. Table of Cases.
Qty:
 
 
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Description

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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.

Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining.  Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.

 

Table of Contents

TABLE OF CONTENTS

PREFACE

NOTICE ON BOARD DECISIONS BIBLIOGRAPHIC NOTE

INTRODUCTION: LABOR LAW, THE FEDERAL LABOR ACT AND THE NLRB

CHAPTER I. A SKETCH OF THE HISTORY OF AMERICAN LABOR LAW

1.1 Introductory
1.2 The Rise of the Labor Injunction
1.3 The Search for a Labor Policy
1.4 The Labor Act After 1935
1.5 The Labor Act in Contemporary Circumstances

CHAPTER II. THE STRUCTURE AND OPERATIONS OF THE NATIONAL LABOR RELATIONS BOARD

2.1 Introduction
2.2 Unfair Labor Practice Cases
2.3 Representation Cases
2.4 Judicial Review: Background, Standards
2.5 Judicial Review: Venue, Parties
2.6 Rulemaking and Adjudication
2.7 Retroactive and Prospective Board Orders

CHAPTER III. THE COVERAGE OF THE LABOR ACT AND THE JURISDICTION OF THE BOARD

3.1 Constitutional and Statutory Jurisdiction: Interstate Commerce
3.2 Discretionary Jurisdiction
3.3 Statutory Exclusions; Employers and Employees Generally
3.4 Independent Contractors
3.5 Agricultural Laborers
3.6 Supervisors
3.7 Managerial and Confidential Employees

SECURING REPRESENTATIVE STATUS

CHAPTER IV. REPRESENTATION CASES: PROCEDURES

4.1 Introduction
4.2 Petition, Investigation and Hearing
4.3 Voter Eligibility
4.4 The "Excelsior List" of Eligible Voters
4.5 The Election: Conduct and Review
4.6 Decertification, Deauthorization, and Unit Clarification
4.7 Timing of the Election: Introduction
4.8 Election, Certification, and Recognition Bars
4.9 The Contract-Bar Rule
4.10 Judicial Review: The Statutory Route
4.11 District Court Injunctions

CHAPTER V. REPRESENTATION CASES: THE APPROPRIATE BARGAINING UNIT

5.1 Appropriate Bargaining Unit: Significance
5.2 Criteria for Unit Determinations
5.3 Statutory Limitations
5.4 Single-Location Versus Multi-Location Units
5.5 Craft Versus Industrial Units
5.6 Multiemployer Bargaining Units
5.7 Joint Employers

CHAPTER VI. SECURING BARGAINING RIGHTS THROUGH UNFAIR LABOR PRACTICE PROCEEDINGS

6.1 Introduction
6.2 The Bargaining Order as a Remedy for Employer Coercion: The Gissel Decision
6.3 Implementation of the Gissel Decision
6.4 Duty to Bargain Upon Showing of Majority Support
6.5 Incumbent Union’s Loss of Majority: Presumptions and "Good Faith Doubt"
6.6 The "Good-Faith Doubt" Test: Applied and Modified
6.7 The "Same" Employer and the Duty to Bargain

RESTRAINT AND COERCION OF EMPLOYEE RIGHTS TO ORGANIZE

CHAPTER VII. INTERFERENCE WITH EMPLOYEE FREE CHOICE

7.1 Section 8(a)(1): Coercion, Motive, and Business Justification
7.2 Employer Responsibility for the Conduct of Others
7.3 Section 8(a)(3) and Discriminatory Discharge: Proof and Burdens
7.4 Section 8(a)(3) Remedies
7.5 Discrimination for Filing Charges or Giving Testimony to the NLRB
7.6 Discrimination on the Basis of Race or Sex
7.7 Plant Shutdown and Relocation: The "Runaway Shop"
7.8 Coercive Speech: The First Amendment, Section 8(c) and Election Proceedings
7.9 Implied Threats: Criteria for Decision
7.10 Implied Threats: Recurrent Fact Situations
7.11 Misrepresentations
7.12 Racial and Religious Appeals
7.13 Promise or Grant of Benefits by the Employer
7.14 Employer Withholding of Expected Benefits
7.15 Threats and Promises by the Union
7.16 Employer Surveillance of Union Activity
7.17 Union Surveillance
7.18 Interrogation or Polling of Employees
7.19 Interrogation Regarding Pending NLRB Proceedings
7.20 The NLRB Rule for Posting a Notice of Employee Rights

CHAPTER VIII. INTERFERENCE WITH UNION ACCESS TO COMPANY PROPERTY

8.1 Employee Solicitation for the Union on Company Property: Generally
8.2 Employer No-Solicitation Rules
8.3 Labor-Contract Provisions Governing Solicitation
8.4 Union Solicitation by "Nonemployees"
8.5 The Off-Duty Employee
8.6 "Salting"
8.7 Constitutional Protection for Union Solicitation on Company Property
8.8 The Union's Right to "Equal Access" and the "Captive Audience"
8.9 Access to Employee Names and Addresses

CHAPTER IX. EMPLOYER DOMINATION AND SUPPORT OF UNIONS

9.1 Background
9.2 "Labor Organization"
9.3 "Domination" and Lesser Assistance: The Distinction and the Remedies
9.4 Employer "Interference"
9.5 "Financial or Other Support"
9.6 Cooperation Distinguished from Support
9.7 Recognition of a Minority Union
9.8 Employer Neutrality and the Midwest Piping Doctrine

THE LEGALITY OF CONCERTED ACTIVITY

CHAPTER X. CONSTITUTIONAL PROTECTION FOR PEACEFUL CONCERTED ACTIVITY,
AND THE OUTLAWING OF UNION VIOLENCE

10.1 The Right to Discharge for Union Membership or Activity
10.2 The Right to Strike
10.3 The Right to Picket
10.4 Protection for Concerted Activity on Private Property
10.5 Union Violence and Threats
10.6 Union Responsibility

CHAPTER XI. RECOGNITION PICKETING

11.1 Background and History
11.2 Sections 8(b)(4)(C) and 8(b)(7): Generally
11.3 The Forbidden Conduct: Picketing and Threatening to Picket
11.4 The Forbidden Purpose: The Legality of Reinstatement Picketing and Area-Standards Picketing
11.5 Problems of Proof in Determining Union Purpose
11.6 Picketing for Bargaining Concessions
11.7 The Subsections of Section 8(b)(7): Generally
11.8 Section 8(b)(7)(A)
11.9 Section 8(b)(7)(B)
11.10 Section 8(b)(7)(C): Purpose and Construction
11.11 The Expedited-Election Proviso
11.12 Permissible Recognition Picketing: The Informational-Picketing Proviso

CHAPTER XII. SECONDARY BOYCOTTS

12.1 Background and History
12.2 Primary-Situs vs. Secondary-Situs Picketing
12.3 The Ally Doctrine: Contracting Out Struck Work
12.4 The Ally Doctrine: Common Ownership and Control
12.5 Common-Situs Picketing
12.6 Reserved-Gate Picketing
12.7 Clothing Industry Proviso
12.8 "Coercion" and Consumer Picketing of Secondary Employers
12.9 The Publicity Proviso and Consumer Handbilling and Other Forms of Expressive Activity
12.10 "Hot Cargo" Agreements: Legislative Background
12.11 Section 8(e) and the Primary-Secondary Distinction: Work Preservation Provisions
12.12 Work Preservation Versus Work Acquisition; Right to Control
12.13 The Clothing and Construction Provisos to Section 8(e)

CHAPTER XIII. JURISDICTIONAL DISPUTES

13.1 Background; Board Procedures
13.2 Board Criteria for Work-Assignment Awards
13.3 Private Resolution of the Dispute
13.4 Enforcement of the Work Assignment Award
13.5 Relation to Other Legislative Provisions

CHAPTER XIV. FEATHERBEDDING

14.1 Background; Federal Criminal Legislation
14.2 Section 8(b)(6)
14.3 Relation to Other Provisions of the Labor Act and to State Law

CHAPTER XV. REMEDIES FOR UNION UNFAIR LABOR PRACTICES

15.1 Board Remedies
15.2 Judicial Remedies: Injunction
15.3 Judicial Remedies: Damages
15.4 Alternative Remedies

THE BALANCE OF ECONOMIC WEAPONS

CHAPTER XVI. PROTECTED AND UNPROTECTED CONCERTED ACTIVITY

16.1 Introduction
16.2 Concert of Action
16.3 For "Mutual Aid or Protection"
16.4 Disciplinary Interrogation and Section 7: Weingarten Rights
16.5 Concerted Activity Unprotected Because of Objective: Generally
16.6 The Union Unfair Labor Practice
16.7 Concerted Activity Unprotected Because of Method of Protest: Violation of Federal Law
16.8 "Wildcat" and Other Minority Protests
16.9 Methods Forbidden by State Law
16.10 "Irresponsible" or "Indefensible" Methods
16.11 Opprobrious, Insubordinate and Disloyal Conduct
16.12 False Accusations Against the Employer
16.13 Intermittent Work Stoppages; Slowdowns
16.14 Refusals to Cross Picket Lines and Waiver of the Right of Sympathetic Action

CHAPTER XVII. EMPLOYER COUNTERMEASURES TO CONCERTED ACTIVITY

17.1 Employer Violence and Threats
17.2 Retaliatory Lawsuit
17.3 Section 8(a)(3): Discrimination, Motive and Business Justification
17.4 The Distinction Between the Economic Strike and the Unfair Labor Practice Strike; the "Conversion" Doctrine
17.5 Discharge and Replacement of Strikers
17.6 Reinstatement Rights of Economic Strikers
17.7 Remedies
17.8 The Reinstatement of Strikers Engaging in Unprotected Activity
17.9 Responses to Employee Refusals to Cross Picket Lines
17.10 The "Defensive" Lockout
17.11 The Offensive or Bargaining Lockout
17.12 The Lockout Plus Replacements
17.13 The "Partial Lockout"
17.14 Denial of Economic Benefits

CHAPTER XVIII. NATIONAL EMERGENCY DISPUTES

18.1 Legislative Background
18.2 "Substantial Part of an Industry"
18.3 "National Health or Safety"
18.4 Procedures

THE DUTY TO BARGAIN IN GOOD FAITH WITH THE MAJORITY REPRESENTATIVE

CHAPTER XIX. THE PRINCIPLE OF EXCLUSIVE REPRESENTATION

19.1 Exclusivity and Majority Rule
19.2 Employer Communications with Employees During Bargaining
19.3 Solicitation of Strikers
19.4 Presentation and Adjustment of "Grievances": Generally
19.5 The "Right" of Individuals to Adjust Grievances
19.6 The Role of Minority Unions in Grievance Adjustment
19.7 Investigatory and Disciplinary Interviews

CHAPTER XX. THE DUTY TO BARGAIN IN GOOD FAITH

20.1 Bargaining in Good Faith: General Requirements and Problems of Proof
20.2 Delaying or Conditioning Bargaining
20.3 Reneging on Bargaining Commitments
20.4 The Employer’s Duty to Disclose Information: Generally
20.5 The Substantive Scope of the Duty to Disclose Information
20.6 Employer Defenses to the Duty to Disclose
20.7 Compliance With Requirements of Section 8(d): Contract "Termination or Modification"
20.8 The Notification and Cooling-Off Requirements of Sections 8(d) and 8(g)
20.9 The Use of Economic Weapons During Negotiations
20.10 The Duty to Bargain During a Strike
20.11 Unilateral Action
20.12 Employer Defenses in Cases of Unilateral Action
20.13 Impasse
20.14 The Dynamic Status Quo
20.15 The Duty to Bargain During the Contract Term
20.16 Waiver of the Duty to Bargain
20.17 Bargaining-Table Conduct: Generally
20.18 Adamance and Refusal to Concede; the "Fair, Firm and Final Offer"
20.19 Unreasonable Substantive Proposals

CHAPTER XXI. THE SUBJECTS OF COLLECTIVE BARGAINING

21.1 Background: The Distinction Between Mandatory and Permissive Subjects of Bargaining
21.2 Mandatory Subjects: Wages
21.3 Hours
21.4 Working Conditions Governing Employees and the Union
21.5 The Decision to Subcontract Work or to Close a Facility: The Fibreboard and First National Maintenance Decisions
21.6 The Duty to Bargain about Subcontracting, Relocation and Closings: Balancing, Burden-Shifting and the Accommodation of Fibreboard and First National
21.7 Permissive Subjects of Bargaining: Generally
21.8 Permissive Subjects: Representation Issues
21.9 Permissive But, Absent Agreement, Unimplementable Subjects
21.10 Illegal Subjects

CHAPTER XXII. BARGAINING REMEDIES

22.1 Compensation
22.2 Restoration and Reinstitution of Operations
22.3 Judicial Review and Limitations on the Board’s Remedial Powers: H.K. Porter and Ex-Cell-O
22.4 Contempt

ENFORCEMENT OF THE COLLECTIVE BARGAINING AGREEMENT

CHAPTER XXIII. THE COLLECTIVE BARGAINING AGREEMENT AND THE DUTY TO ARBITRATE

23.1 The Collective Bargaining Agreement
23.2 Arbitration
23.3 Section 301 and the Lincoln Mills Decision
23.4 Applicability of Section 301
23.5 Federal Law Principles
23.6 The Courts and the Arbitrator: The Steelworkers Trilogy
23.7 Substantive Exclusions from Arbitration
23.8 The Use of Bargaining History to Determine Arbitrability
23.9 Existence of a Contract; Post-Expiration Arbitration
23.10 Proper Parties
23.11 Procedural Arbitrability
23.12 Conflict With the NLRB
23.13 Interest Arbitration

CHAPTER XXIV. SUCCESSORSHIP

24.1 The "Successor" Employer: The Duty to Bargain - The Burns and Fall River Decisions
24.2 When the Duty to Bargain Matures and the "Perfectly Clear" Successor
24.3 Anti-Union Action in Hiring
24.4 The Remedial Liability of a "Successor" Employer for the Predecessor's Unfair Labor Practices
24.5 Arbitration: The Wiley Decision and the Concept of Successorship
24.6 Limitations on the Duty to Arbitrate: Howard Johnson and Inadequate Workforce Carryover
24.7 Limits on the Duty to Arbitrate: The Unionized Successor

CHAPTER XXV. JUDICIAL REVIEW OF ARBITRATION AWARDS

25.1 Background: The General Standard of Judicial Review
25.2 The Meaning of the "Draw its Essence" Standard
25.3 The "Draws its Essence" Standard: Allowable Factors
25.4 The "Draws its Essence" Standard: Arbitral Resort to External Law
25.5 The "Draws its Essence" Standard: The "Plain Meaning" Doctrine
25.6 Violation of Law and Public Policy: Overview
25.7 An Arbitration Award in Violation of Law
25.8 Procedural Impropriety
25.9 Partiality, Fraud, and Collusion
25.10 Ambiguity, Incompleteness, and Inconsistency of Arbitration Awards
25.11 The Doctrine of Functus Officio

CHAPTER XXVI. ENFORCEMENT OF THE NO-STRIKE CLAUSE

26.1 Common Law and Legislative Background
26.2 Remedies Available for Breach of the No-Strike Clause: Arbitration, Damages, Injunction
26.3 The Boys Markets Injunction: Prerequisites to Relief
26.4 Procedures in Strike-Injunction Cases
26.5 State Court Injunction Proceedings
26.6 The Strike Which Is an Unfair Labor Practice or Protests an Unfair Labor Practice
26.7 Court Enforcement of an Arbitral Cease and Desist Order

CHAPTER XXVII. LABOR AND THE ANTITRUST LAWS

27.1 Common Law and Statutory Regulation: Before the Norris-LaGuardia Act
27.2 The Norris-LaGuardia Act and the "Labor Exemption"
27.3 The Unfolding Doctrine: From Allen Bradley to Connell Construction
27.4 The "Statutory" Exemption
27.5 The "Non-Statutory" Exemption
27.6 "Unions" Regulating "Employers": Multi-Employer Bargaining
27.7 Quantum of Proof

THE UNION AND THE INDIVIDUAL EMPLOYEE

CHAPTER XXVIII. UNION SECURITY AGREEMENTS

28.1 Background: Varieties of Union Security Agreements
28.2 Union Shop, Agency Shop and Maintenance of Membership: A Comparison
28.3 The Statutory "Grace Period" and the Tender of Dues
28.4 Periodic Dues and Initiation Fees; the Significance of Section 8(b)(5)
28.5 Union Security and NLRB Elections: The Contract Bar and Deauthorization Elections
28.6 Compulsory Political Contributions
28.7 Union Expenses not Chargeable to Objecting Agency-Fee Payers
28.8 Procedures for Challenging Union Fees and Expenses
28.9 Other Constitutional Challenges: Freedom of Speech and Religion
28.10 State Right-To-Work Laws
28.11 The Union Hiring Hall: Generally
28.12 Criteria for Hiring-Hall Referral
28.13 Dues Checkoff
28.14 Procedure: Parties, Remedies, Period of Limitations

CHAPTER XXIX. UNION DISCIPLINE OF MEMBERS

29.1 Background: Supreme Court Decisions Under Section 8(b)(1)(A)
29.2 Limitations Upon Union Power to Discipline
29.3 Susceptibility to Union Discipline: "Membership" and Resignation
29.4 The Reasonableness of Disciplinary Fines
29.5 Union Discipline of Supervisors

CHAPTER XXX. THE UNION’S DUTY OF FAIR REPRESENTATION

30.1 Origin and Statutory Basis
30.2 Jurisdiction: The National Labor Relations Board
30.3 Jurisdiction: The Courts
30.4 The Nature of the Duty: Range of Application
30.5 Discrimination for Race, Sex, Union Membership, or Personal Hostility
30.6 Arbitrariness and Bad Faith: Generally
30.7 Layoff, Consolidation and Seniority
30.8 Arbitrarily to Ignore a Meritorious Grievance or to Process It in a Perfunctory Fashion
30.9 Procedural Requirements: Statute of Limitations, Jury Trial and Exhaustion of Remedies
30.10 Remedies: In the Courts
30.11 Remedies: Before the NLRB

REGULATORY CONFLICT AND ACCOMMODATION

CHAPTER XXXI. THE ARBITRATOR AND THE NATIONAL LABOR RELATIONS BOARD

31.1 Dual Jurisdiction
31.2 Board Deference to Arbitration Awards: Generally
31.3 Prerequisites for Deference to Arbitration Award: Fair Procedures
31.4 The Board’s Prerequisites for Deference: Factual Parallelism
31.5 The Board’s prerequisites for Deference: Consistency with the National Labor Relations Act
31.6 Nondeference to Arbitration Awards: Generally
31.7 Nondeference to Representation and Work-Assignment Decisions
31.8 Board Deferral (Referral) to Arbitration Machinery: Generally
31.9 Criteria for Referring the Dispute to Arbitration Machinery: Contractual Coverage
31.10 Criteria for Deferring to Arbitration Machinery: Likelihood of Compliance or Enforcement
31.11 Nondeferral to Arbitration: Arbitral Inadequacies and Union Conflicts of Interest

CHAPTER XXXII. PREEMPTION OF STATE REGULATION

32.1 Overview
32.2 Introduction to Substantive Rights and the "Primary Jurisdiction" of the Labor Board
32.3 The Federal Supremacy Ground of Preemption
32.4 Garmon Preemption: State Prohibition of Federally Protected Activity
32.5 Garmon Preemption: State Prohibitions of Federally Prohibited Activity
32.6 The State as Regulator or Proprietor
32.7 Non-Preemptive Accommodation
32.8 Lodge 76, Machinists: Intrusion into the Area Reserved for Collective Bargaining
32.9 Section 301 Preemption: General Principles
32.10 Section 301 Preemption: Applied
32.11 Section 301 Preemption: Preclusion or Exhaustion


 

Author Detail

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).

 


 

Reviews

"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. President Obama designated Liebman Chairman in January 2009, a position she held until her third term expired in August 2011.

 

"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, and prominent management labor lawyer.

 

"As a very active practitioner of union side labor law, I look forward to using Labor Law Analysis and Advocacy extensively in my day to day practice. Even with my several decades of experience, it will provide 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. GoldhammerPartner, Buescher, Goldhammer, Kelman & Perera, P.C., Past Chair of the Colorado Bar Association Labor Law Committee, Member of the Labor and Employment Research Association (LERA), Elected Fellow of the College of Labor and Employment Lawyers, Included in Best Lawyers in America (Woodward/White) in areas of Labor and Employment Law.

 

"The new edition of 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 RubinPartner, Altshuler Berzon LLP.  Ffellow of The College of Labor and Employment Lawyers and member of the Board of Directors of the AFL-CIO's Lawyers' Coordinating Committee. Four time recipient of "California Lawyer of the Year" (CLAY) awards from California Lawyer Magazine, winning twice in the Employment Law Category. Listed in "The Best Lawyers in America" in the categories of appellate law, labor and employment law, and featured in the Northern California "Super Lawyers" listings in the areas of appellate practice, labor and employment, and class actions.

 

"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, Senior Editor of the ABA treatises on The Railway Labor Act and International Labor and Employment Laws, 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., which firm was named by U.S. News & World Report as The 2013 Law Firm of the Year in Labor Law (Union). Mr. Einsenstein is a Fellow in the College of Labor and Employment Lawyers. He was selected by Best Lawyers as the Chicago Lawyer of the Year in 2013 for Labor Law-Union, a Best Lawyer in America and National Top Trial Lawyer in 2013 and practices exclusively on the union-side.

 

"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, and Chairman of the Board of Directors of Peggy Browning Fund, a non-profit organization dedicated to providing educational opportunities for law students in the area of workers’ rights.

 

"Labor Law Analysis and Advocacy is a "MUST HAVE" resource for our firm's library. This well-organized treatise with a comprehensive table of contents will provide the basic springboard for any newly licensed lawyer delving into the area of traditional labor law for the first time. The treatise along with the "Advocate Practice Points" will also provide our seasoned attorneys with the depth of scholarship and practicality on each subject matter to ensure the best advocacy for our clients." - R. Michael Lowenbaum, received his B.S. degree from Tulane University and his J.D. degree from the University of Missouri-Kansas City. Since founding The Lowenbaum Partnership, L.L.C. in 1998, Mr. Lowenbaum has centered his practice on the areas of Traditional Labor Law, Municipal Labor Law, Employment Law, Affirmative Action, and Wage and Hour Law. Mr. Lowenbaum represents management on a nationwide basis in all aspects of labor and employment law and negotiates over 50 collective bargaining agreements each year, as well as handling numerous arbitration hearings and NLRB charges and hearings. After graduating from law school, he first practiced Labor Law as a Field Attorney and Supervisory Attorney for the National Labor Relations Board.

 

"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. Mr. Batterman has been representing employers as a member of Proskauer's internationally renowned Labor and Employment Department for almost 50 years, and has been particularly active in the firm's Sports Law Group. He has been selected annually, for decades, as one of the "Best Lawyers" in the U.S., and has been awarded first-tier ranking by Chambers.

 

"The new book from Juris, Labor Law Analysis and Advocacy, by Robert A. Gorman and Matthew W. Finkin, is definitely the place to start for lawyers, law students, and law professors seeking guidance in understanding the intricacies of labor law.  The book had its origins in the 1976 hornbook by Professor Gorman, Basic Text on Labor Law:  Unionization and Collective Bargaining which was regularly cited by the U.S. Supreme Court as an authoritative restatement of fundamental propositions of labor law. Professor Gorman was joined by Professor Finkin in the second edition of the hornbook in 2004.  In this 2013 publication, the two professors update their earlier work.  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 new edition offers even more utility for practicing attorneys than its earlier editions.  This time, 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 inserted 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 and the co-author or co-editor of books on labor law and workplace dispute resolution. 

 

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