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The Eighteenth Edition aligns the teaching of labor law with the rapidly changing legal environment. It contains new decisions of the National Labor Relations Board appointed by President Biden, which has departed in important ways from the approach of the Board under the Trump Administration and overturned precedents on key issues, such as accountability for employers in “fissured” enterprises, treatment of various employer restrictions on collective employee activity, and the mechanisms for securing bargaining rights.

This comprehensive revision notably includes
 

  • The Atlanta Opera, addressing the distinction between employees and independent contractors
  • Revised NLRB representation election rules
  • Stericycle, adopting a markedly different framework from that the Trump Board’s articulation for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as workplace civility standards
  • The NLRB’s new rule on the scope of joint employer status
  • Cemex Construction and its new approach to securing bargaining rights following a union’s request for voluntary recognition
  • Miller Plastic Products, reversing Alstate Maintenance and returning to a broader approach to defining concerted activity for mutual aid or protection
  • Lion Elastomers, overruling General Motors and returning to earlier Board precedent on deciding whether an employee has lost Section 7 protection based on alleged “abusive” conduct
  • The Supreme Court’s decision in Glacier Northwest, addressing the scope of preemption under the National Labor Relations Act
  • NLRB General Counsel’s advocacy for reform and reconsideration of many other significant labor law doctrines


New probing discussion problems and exercises throughout the text offer students the opportunity to engage with this material, illustrating how exciting and challenging the study of labor law is today. Sections of the book also have been shortened and streamlined to provide more efficient coverage. The Statutory and Case Supplement published shortly after this book includes even more recent salient developments, notably the Supreme Court’s decision on Section 10(j) injunctions.


Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 07/17/2024

Matthew W. Finkin, University of Illinois College of Law

Timothy P. Glynn, Seton Hall University School of Law

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