The Developing Labor Law The Board, The Courts, and the National Labor Relations Act, 6th Edition

The ultimate desktop reference for labor and employment law practitioners


"The Developing Labor Law is the most comprehensive resource in the field---I have been using it ever since it first came out. The new Sixth Edition offers the latest analysis, and I would recommend it to anyone working in our field." --- Gordon E. Krischer, Of Counsel, O'Melveny & Myers LLP, Los Angeles, CA


For more than 40 years, practitioners have relied on The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act to keep them current on U.S. labor law. This two-volume treatise, written by distinguished members of the ABA Section of Labor and Employment Law representing management, labor, and neutrals, is the essential research tool for labor and employment law practitioners. It provides an authoritative, balanced perspective on the legal rights and duties of employees, employers, and unions and on procedures and remedies under the National Labor Relations Act (NLRA).

For the specialist, this classic reference is a quick means of accessing leading cases; for the generalist, it provides an excellent summary of the law and its development. All labor and employment law practitioners will benefit from the history of the development of every major labor law doctrine that this distinctive reference work provides-from contract bar to deferral to arbitration and all that lies in between, including prohibited secondary activity. The new Sixth Editionincludes updated discussion of a number of important topics, including:

• Employer-mandated confidentiality agreements
• Employee handbook restrictions on solicitations
• Definition of a supervisor
• Definition of an independent contractor
• The disagreement between the Board and the Ninth Circuit concerning the right of an employer to unilaterally discontinue union dues check-off after a contract expires
• Obligation of an employer to provide financial information requested by the union during bargaining
• Legitimacy of union use of inflated rat balloons and banners to advertise labor disputes
• Rights of employees to object to payment of full union dues under a union shop agreement
• Obligation of an employee who is unlawfully discharged under the NLRA to seek interim employment
• Definition of a "salt"

Several important decisions altering Board precedents have been handed down since the Fifth Edition that will affect labor law practitioners. New cases discussed in the Sixth Editionconcern such topics as:

• Employer restrictions on the use of company email to discuss union activity
• New standards for determining the unit in which an election should be held when unions are seeking smaller units than employers
• Whether voluntary recognition bars the filing of an election petition
• Whether union bannering amounts to picketing in violation of the secondary boycott and recognitional picketing provisions of the NLRA
• The requirement by unions that employees notify them annually of their objections to paying union dues in excess of the cost of representing the unit
• The standards for determining whether an employer's refusal to hire a "salt" is unlawful
• Qualification of an "at will" employee as a permanent strike replacement
• Assessment of supervisory status
• Board jurisdiction over operators of charter schools