Labor Law (630-1)
Instructors
Jules I Crystal
312 9574429
211 West Wacker Drive, Suite 300, Chicago, IL 60606
Meeting Info
McCormick 371: Thurs 4:10PM - 7:10PM
Overview of class
A gradual reversal (or refinement) of former precedent is taking place at the NLRB now that the Board's General Counsel and a majority of the Board itself is more labor-friendly. We will see how that has played out in a number of the Agency's decisions, as well as arguments put forth by union and management. In this respect, long-standing labor law concepts are being questioned and legal precedent overruled -- e.g., NLRB and court rulings addressing whether college student athletes, graduate students, Uber and Lyft drivers, and adjunct faculty are eligible for union representation; the legal limitations placed on a company as it seeks to control what its employees view on their company computers; the once-expanding, then contracting, and now-expanding boundaries of protected concerted activity in our ever-changing social media universe. The NLRB also has issued new rules for union elections, which have been the subject of litigation and congressional criticism. Another recent development is the NLRB's focus on employer rules pertaining to social media policies and confidentiality regulations.
New forms of worker representation are challenging the law and providing outlets for worker protest, such as fast food, home care and child-care workers in the Fight for $15 campaign that have been striking periodically for higher wages and a union. This campaign has been successful at raising the minimum wage in many states. These efforts are supported by existing unions and raise the possibility of broader sectoral unionization like that which exists in Europe, rather than the employer-by-employer organization contemplated by the National Labor Relations Act.
Evaluation Method
Approximately 70% of your final grade based on final paper; approximately 30% of your grade will be based on class participation. Class size may impact assigned percentages.
Class Materials (Required)
Text: Labor Law in the Contemporary Workplace
Class Materials (Suggested)
In addition to the basic text, the following valuable resource is available in the Law School's Law Library: "The Developing Labor Law: The Board, the Courts and the NLRA" (John E. Higgins, ed., 7th Edition, 2017) and 2019 Cumulative Supplement. (This is a two-volume treatise that provides a thorough analysis of the statute and case law in all areas of labor -- an excellent starting point for research analysis of the statute and case law in all areas of labor law). Note: The Developing Labor Law is available electronically via Bloomberg Law: https://www.bloomberglaw.com/browser/105.468608
Understanding Labor Law (5th ed. 2019), Ray, Sharpe & Strassfeld is a basic and relatively up-to-date reference on the law written for students.
As for Bureau of National Affairs resources, you have access to BNA's Daily Labor Report and the Labor & Employment Resource Center. These can be accessed through your Bloomberg Law Student Account. If you don't already have a Bloomberg Law account, you can register for one at: https://profile.bna.com/bloomberglaw-activate/ No activation code is required. Just register with your northwestern.edu email address. If you have any problems or questions, the Bloomberg Help personnel are very helpful. They can be reached (888) 560-2529 or blawhelp@bna.com.
I also encourage you to utilize the Board's own website: www.nlrb.gov. This site contains valuable information regarding pending labor law issues, the agency and the agency's decisions and various memoranda (e.g., General Counsel Advice Memorandum). The following link will take you to the manuals page where you will find the Board's Representation Case Outline of Law: Representation Case Outline of Law, while https://www.nlrb.gov/resources/nlrb-process will take you to links to the representation and unfair labor practice process.
Class Notes
Students will be expected and encouraged to keep abreast of current labor issues.
Class Attributes
Open to First Year Students
Business/Corporate transactions an element
Constitutional Law or Procedure an element
Labor and Employment Law present in course
Public Interest
Enrollment Requirements
Enrollment Requirements: MSL Students are not eligible to enroll