Cases in Collective Bargaining and Industrial Relations contains 81 cases that vary in length, complexity and numbers of issues. A major objective of the book is to provide a means by which students can apply principles, concepts, and legal considerations to actual decision situations and confrontations between labor and management. These cases have been tested in seminars and classes, and are challenging, fascinating learning instruments. As in previous editions, the cases are divided into two parts. Part One presents National Labor Relations Board cases as restructured from published reports of the NLRB and court decisions. Part Two consists of cases adapted from grievance-arbitration decisions.

Part One: Legal Aspects of Collective Bargaining: National Labor Relations Board Cases

Introduction to the Labor Management Relations Act (LMRA)

Selected Bibliography

Partial Text of the Labor Management Relations Act, 1947

Index to Cases for Part One

1. Improper Interference with Union’s Freedom of Speech

2. Supervisor or Member of Bargaining Unit?

3. Jurisdiction of the NLRB over a Government Contractor

4. Surveillance of the Employee and Nonemployee Union Organizers

5. Withholding a Wage Increase Prior to a Representational Election

6. Independent Contractors or Employees? A Company’s Refusal to Bargain

7. On the Dole: A Refusal to Bargain with a Properly Certified Union

8. Racial/Ethnic Prejudice during a Union Representational Election

9. Waiver to Arbitrate or Unlawful Refusal?

10. Claim of an Inability to Pay Wage Demands: What is Bargaining in Good Faith?

11. Was the Employee Involvement Committee a Violation of Labor Law?

12. A Penny Saved Was a Warning Not Earned

13. Termination for Failure to Report Accident or for Solicitation of Employees

14. Causes for Discharge: A Game of Ladders and Questions

15. Discharge for Disruptive Conduct, or for Protected Union Activity?

16. Was the ESOP Leveraged Buyout Proposal Protected Concerted Activity?

17. The Distasteful and Offensive Definition of a “Scab”

18. Deferral to an Existing Arbitration Award: Just Cause or Protected Activity?

19. Did the Employee Have the Right to Have a Union Representative Present?

20. Was Changing the Christmas Bonus Formula an Unfair Labor Practice?

21. Payment of a Signing Bonus to Nonstriking Employees

22. Crossing Picket Lines: Union’s Right to Discipline?

23. Voluntary Participation Programs and Union Discipline

24. Threats and Insubordination, or Performing a Shop Steward’s Job?

25. Judicial Review of the NLRB’s “Punitive” Remedy Concerning the Health Care Plan

26. The Enforcement of No-Solicitation Rules: A Real Whopper

27. Management Teams or Employee Involvement Committees: Authority to Put a Cork in It

28. The Company’s Refusal to Provide a List of Disciplinary Work Rules

29. The Obligation to Reduce the Agreement to a Written Contract

30. Information Requests and the Duty to Bargain Collectively: Not Mickey Mouse

31. A Presumption of Union Interference During a Decertification Election

32. Threatening the Union Dissidents

33. The Grievance-Processing Fee for Nonmembers in a Right-to-Work State

34. The Union’s Letter to Nonmember Employees Who Crossed the Picket Line

35. Resignation from the Union and Checkoff of Dues

36. Were the Union’s Grievances an Unlawful Secondary Boycott?

37. Whose Work is it? Case of a Jurisdictional Dispute

38. How Do I Get My Cookies? Information Requests to the Contract

Part Two: Case Problems in Union-Management Relations: Cases from Grievance Arbitration

Conflict Resolution, Grievance Procedures, and Arbitration

Selected Bibliography

Index to Cases for Part Two

39. Who Should Maintain the Parks and Ballfields?

40. Health Insurance Coverage Unilaterally Changed by Public Employer

41. A Changed Remedy for Misassignments

42. Probation for the Teacher

43. Appeal to Arbitration: A Day Late?

44. Denial of the Safety Incentive Prize

45. Demoted or Reclassified?

46. Voluntary Resignation or Layoff?

47. The Doubtful Worker

48. The Recalled Management Trainee

49. The Right to Bid Down

50. Taking Care of Union Business

51. Sick Leave for Adoption Care

52. An Issue of Reasonable Accommodation

53. Refusal to Post the Union’s Memorandum

54. Terminated for Possessing a Gun

55. Are Teachers Obliged to Supervise Students in the Cafeteria?

56. Anti-Arab Comments: Cause for Discipline?

57. Abuse of a Senior Citizen Resident

58. Ability and Seniority for Promotion: Which Controls?

59. Company Picnic: Employee Benefit or Gratuity

60. An Error in Equalizing the Overtime

61. Forced to Work on a Holiday

62. Full Consideration to Seniority and Qualifications

63. No Accommodation without an Examination

64. Last Chance Violation: Strike Three or Overreaction?

65. Health Insurance Benefits for Same-Sex Domestic Partners

66. Arbitrability of the Scheduling Past Practice

67. How Should the Lead Skycap be Selected?

68. Post-Reinstatement Drug Testing

69. Conflict of Interest Rules and Discharge for News Photographer

70. Sickness and Accident Benefits Denied

71. Self-Defense or Excessive Use of Force

72. Egregious Horseplay

73. No Reporting Pay

74. Who Decides if an Employee is Unable to Work?

75. Internet Kiddie Pornography at Work: Just Cause for Discharge?

76. Unilateral Changes to the Absence Control Policy

77. Wage Concession: Contract Violation or Authorized Wage Freeze?

78. Layoff of the Higher-Seniority Employees

79. Cash Same as Stock? The Case of the 401k Contributions

80. Vacation, or Layoff, During a Shutdown

81. Discharge for Job Abandonment?