Labor Law

Today's workplace differs dramatically from that of the 20th century in which the American labor movement was born. Economic changes such as the rise of the service sector and the mechanization of manufacturing have transformed business enterprises and employment relations. As a result, attorneys for unions, management, and individuals now confront many legal issues that would have been unimaginable to the drafters of the National Labor Relations Act and other federal labor laws. Unions seek to organize part-time and contract workers, interns, and even student athletes. As union density has declined, labor organizations have developed creative techniques to put economic pressure on employers to accept union representation. For their part, employers routinely implement sophisticated strategies of union-avoidance while being careful to comply with legal restrictions on their actions. The NLRB has undertaken an aggressive effort to protect employees' rights in non-union environments, and has adopted rules which significantly altered the representation process. Attorneys practicing employment and labor law today must understand how the rights and obligations established under federal labor law should shape the advice they give their clients. The instructor will utilize a practice-focused approach. Discussions will build on a foundation of traditional labor law concepts, but we will apply these principles to today's rapidly-evolving work environment. Students will be encouraged to participate in discussion and analysis of case law and legal principles, and to analyze practical considerations in relation to representation, collective bargaining, and work stoppages.