Human Resources and Talent ManagementLabor Relations

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• Overview: The book begins with the historical development of labor relations law in the United States, tracing crucial legislation such as the National Labor Relations Act (NLRA) and the Taft-Hartley Act.
• Concrete Example: The NLRA, enacted in 1935, established the right of employees to organize, form unions, and engage in collective bargaining.
• Specific Action: A person can use this foundational knowledge to understand their rights and responsibilities under the NLRA. For example, learn how to file a complaint if they believe their right to unionize has been violated.

• Overview: Discussion on the structure and functions of the NLRB, including its adjudicative and rule-making roles.
• Concrete Example: NLRB’s decisions on unfair labor practices and representation elections.
• Specific Action: Business owners can utilize resources from the NLRB to understand compliance requirements, while employees can contact the NLRB for guidance on filing grievances against employer violations of labor laws.

• Overview: Detailed examination of the rights and duties as stipulated by labor laws.
• Concrete Example: Analyzing Section 7 of the NLRA, which protects employees’ rights to engage in “concerted activities” for mutual aid or protection.
• Specific Action: Employees should actively participate in union activities without fear of retaliation, knowing they have statutory protection.

• Overview: Steps involved in forming a union, from initial organization to certification.
• Concrete Example: Steps like petitioning for an election, obtaining sufficient interest (usually 30% employee support), and the election process itself.
• Specific Action: Workers interested in forming a union should gather like-minded colleagues, educate them on the benefits, and facilitate meetings to build consensus and momentum.

• Overview: The process, strategies, and legal framework governing collective bargaining agreements (CBAs).
• Concrete Example: Case where a union successfully negotiates a contract that includes higher wages, better benefits, and safer working conditions.
• Specific Action: Union representatives should prepare thoroughly for bargaining sessions, presenting solid evidence to support their demands and remaining open to negotiation to achieve the best terms possible for members.

• Overview: Identification and strategies to combat ULPs by employers and unions.
• Concrete Example: Employer retaliation against employees for union activity or union coercion of employees to join.
• Specific Action: Employees should document any suspected ULPs meticulously and report these to the NLRB, which can investigate and take enforcement actions.

• Overview: Handling grievances and the role of arbitration in resolving labor disputes.
• Concrete Example: Case study of a worker filing a grievance over wrongful termination, leading to a neutral arbitrator’s decision to reinstate the worker with back pay.
• Specific Action: Unions should establish clear grievance procedures and educate members on using these channels effectively. They should also ensure arbitrators are impartial and experienced.

• Overview: Legal aspects and practical considerations of strikes, lockouts, and picketing.
• Concrete Example: Legal strike for better wages versus an illegal strike during the CBA’s no-strike clause period.
• Specific Action: Union leadership should ensure any planned strike action complies with legal requirements, such as providing notice, and not violating existing CBA provisions.

• Overview: Differences in labor relations law and collective bargaining in the public sector compared to the private sector.
• Concrete Example: The provisions of laws such as the Federal Service Labor-Management Relations Statute for federal employees.
• Specific Action: Public sector employees should familiarize themselves with specific statutes governing their employment and work through designated channels such as their respective labor relations authority.

• Overview: Comparative analysis of labor relations laws in different countries.
• Concrete Example: Differences between the U.S. at-will employment doctrine and stronger worker protections in European countries.
• Specific Action: Multinational businesses should adapt their labor practices to comply with the laws and regulations of the countries they operate in, ensuring they understand local labor protections and practices.

• Overview: Trends and predictions for labor relations law, including increasing gig economy considerations and the impact of globalization.
• Concrete Example: Legal challenges faced by gig economy workers seeking employee status and the associated benefits.
• Specific Action: Gig economy workers should stay informed about their rights and participate actively in advocacy efforts pushing for legislative changes that offer greater security and benefits.

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Human Resources and Talent ManagementLabor Relations