The 2022 statutory and case supplement not only contains all relevant statutory provisions but also highlights and summarizes significant developments since the publication of the 17th edition of the casebook, including:

  • The Board’s invitation for briefs in The Atlanta Opera, Inc. 371 NLRB No. 45 (2021), on whether it should reconsider the SuperShuttle standard for determining the independent contractor status
  • Updates on and problems addressing union organizing activities at Amazon facilities and corresponding litigation
  • The Board’s invitation for briefs in Stericycle, Inc., 371 NLRB No. 48 (2021), on whether the Board should continue to adhere to the work rules standard adopted in The Boeing Company
  • The Supreme Court’s decision in Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021), holding unconstitutional California’s Agricultural Labor Relations Act’s right to access by union organizers
  • The Board’s invitation for briefs in Thryv, Inc., 371 NLRB No. 37 (2021), on modifying its make-whole remedies
  • The Board’s decision in Rieth-Riley Construction Co., Inc., 371 NLRB No. 109 (2022), on the appropriateness of merit-determination dismissals of election petitions for egregious ULP charges
  • The Board’s notice that it will engage in rulemaking on the standard for determining joint employment
  • The Board’s invitation for briefs in American Steel Construction, Inc., 370 NLRB No. 41 (2021), on reconsidering the Board’s standards for determining the appropriateness of bargaining units
  • A number of General Counsel Abruzzo’s important memoranda and arguments in briefs, including:
    • Memorandum GC 21–04, setting out a long list of cases and subject matter areas that would be subject to the Office’s “initiative” for change
    • Memorandum GC 21–08, stating that scholarship football players at Northwestern University and those similarly situated are employees with Section 7 rights
    • Memorandum GC 22–04 (and briefing in CEMEX Construction Materials Pacific LLC, 28–CA–230115) advocating that the Board abandon its toleration of “captive audience” meetings and proposing new safeguards for Section 7 rights
    • Briefing in CEMEX Construction Materials Pacific LLC urging the Board to reinstate the Joy Silk doctrine
  • New Problems for Discussion throughout the text based on other recent judicial and Board decisions

Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 08/18/2022

Matthew W. Finkin, University of Illinois College of Law

Timothy P. Glynn, Seton Hall University School of Law


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