In "Janus v. American Federation of State, County, and Municipal Employees, Council 31", the U.S. Supreme Court ended the practice of enabling public-sector unions to collect "fair-share" or "agency" fees from employees who decline to join. Although federal law prohibits requiring workers to join a union as a…

In its stunning and far-reaching decision in the "Pacific Lutheran University" case (12/16/14), the National Labor Relations Board (NLRB) opened the door to union organizing among faculty at thousands of private-sector institutions, both secular and religious. The question before the NLRB was whether a local of the Service Employees…

The recent decision by a regional director of the National Labor Relations Board (NLRB) that Northwestern University football players on scholarship are "employees" entitled to unionize under the National Labor Relations Act (NLRA) should serve as a wake-up call for higher education administrators. Part of a trend in which both the NLRB…

The U.S. Supreme Court agreed last September 2006 to take up the issue of when a teachers' union may spend the money it collects in the form of "agency fees" from nonmembers on political causes. The justices said they would review a Washington state law that requires nonmembers to "affirmatively consent," or opt in, before a…

The doctrine of fair representation of employees by unions is first discussed in general terms, then the doctrine is discussed as it relates to a union's decision to take a case to arbitration, and, finally, the impact of the doctrine on the arbitration process is explored. Available from Syracuse University College of Law, Syracuse, New York…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

This monograph analyzes the law of fair representation, as applied by the National Labor Relations Board and the courts, and its implications for individuals, union officials, and management. As employees increasingly turn to judicial and administrative agencies to protect their rights, the duty of fair representation has become a doctrine of…

This study examined 1,060 California workers with permanent injuries to identify the factors that influence the propensity to hire an attorney for the purpose of contesting their benefit awards. These factors include (1) educational level, (2) union membership, (3) seriousness of the injury, and (4) availability of additional income sources.…

This monograph examines the development of the substantive and procedural law regulating union discipline of members. Chapter 1 presents a brief introduction and describes the organization of the rest of the booklet. Chapter 2 discusses the state courts' intervention into union disciplinary proceedings and then examines the substantive rules that…

A union perspective of major issues in higher education labor law in the 1990s includes the 11th Circuit Court cases on whether Congress abrogated states' 11th Amendment immunity for suits under the Age Discrimination in Employment Act (ADEA) and under the Americans with Disabilities Act (ADA). Analyzes contract issues of protection around age…

NLRB v. J. Weingarten, Inc. was the Supreme Court's first opportunity to rule on the issue of whether an employee, called into an interview by his employer, has the right to have union representation if the employee believes that interview could lead to disciplinary action. Implications of the ruling favorable to the NLRB are discussed. (LBH)

The Supreme Court in "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks" has provided a systematic process for determining what constitutes union expenses properly charged to objecting nonmembers. (MLF)

In "Ellis vs. Brotherhood of Railway, Airline and Steamship Clerks," the Supreme Court clarified the line between permissible and nonpermissible expenses and what procedures must be available to prevent compulsory subsidization of ideological activity by objecting employees. This article also describes the Court's decisions subsequent to…

In January 1982, the University of Massachusetts faculty union demanded the termination of nondues-paying faculty members. Dissenters argue that dues (for equivalent sum) conflicts with tenure rights/academic freedom; union leaders see it as a threat to union security. Issues and tensions related to bargaining at the university are discussed. (JN)

Reviews the Black experience in U.S. labor unions since the merger of the American Federation of Labor and the Congress of Industrial Organizations in 1955. Notes that a critical barometer of labor's progressive impact is its treatment of minority and female workers. (Author/GC)