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In today’s political and economic climate, broad and easy agreement with the
basic premise of labor law – to stimulate the economy by putting more money
into the pockets of working people – is not likely. Bad economic times are
generally not good for labor organization and labor standards. There is, of
course, still an important for labor and employment and good practices to help
resolve employment disputes. New York University’s venerable and prestigious
Center for Labor and Employment Law has always been dedicated to the
underlying principles of labor law as expressed in the National Labor
Relations Act seventy-five years ago, despite recent economic challenges
unforeseen at that time. The Center’s 2010 conference (the 63rd in this highly
influential series) was built around a stocktaking of the current condition of
labor law in the United States, focusing on the continuities and disparities
that characterize practice in the field today. This volume contains papers
presented at that meeting, all here updated to reflect recent developments.
Extending beyond the NLRA itself, contributors discuss the effects of later
legislation such as the Wagner and Taft-Hartley Acts of 1947, agencies such as
the Equal Employment Opportunity Commission and the Office of Federal Contract
Compliance Programs, and proliferating connections between labor relations law
and intellectual property law. Experts from both the practicing bar and
academia – eighteen in all – call on their unique strengths to address such
issues as the following:
new applications of the § 10(j) injunction;
remedies for unlawful discharges in organizing campaigns;
“legitimate employer interests”;
reasonableness standard for enforcement of covenants not to compete;
criminal prosecutions under the Computer Fraud and Abuse Act;
the role of statistical evidence in systemic discrimination cases;
certification for class actions;
cultivating a “plan/prevent/protect” culture of compliance; and
The contributors emphasize the ways in which labor law and policy can be part
of the great conversation about how to restore prosperity, encourage business,
and create good jobs. Dedicated to ensuring a realistic and fair national
labor policy for the future, this important publication offers definitive
current scholarship toward that goal. As such, it will be of inestimable value
to practitioners, government officials, academics, and others interested in
developments in U.S. employment and labor relations law and practice.
employee representation election regulation.
Center for Labor and Employment Law at New York University. Editor’s Preface;
R.E. Davies. 1. Challenges on the 75th Anniversary of the National
Labor Relations Act; W.B. Liebman. Part I. Making Your Case Before
the NLRB. 2. Class Action Arbitration Waivers and § 7 Rights;
M. Babson, B. Murphy. 3. NLRB General Counsel Initiative on § 10(j)
Relief; L. Solomon. 4. The Management Perspective: A Management
Practitioner’s Observations Concerning the Latest General Counsel’s
Initiatives Regarding the Use of 10(j) Injunctions during Organizing
Campaigns; L.P. DiLorenzo. Part 2. The NLRB General Counsel. 5
. Office of the NLRB General Counsel: A Retrospective, 2006–2010; R.
Meisburg. Part 3. Litigating an Employee Intellectual Property/Trade
Secret Case. 6. Enforcing Restrictive Covenants and Protection of
Trade Secrets: An Overview of Applicable Legal Principles; M. Delikat, J.
McQuade. 7. Trade Secrets and the Computer Fraud and Abuse Act;
L. Berke-Weiss. Part 4. Defending Actions Brought by the EEOC. 8
. Getting Ready for Increased Systemic EEO Enforcement; G. Siniscalco, J.
Rosenberg. Part 5. Class Certification in Wage-Hour Litigation. 9
. New Developments in Employment Class Actions; Z.D. Fasman. Part 6.
Dealing with an OFCCP Audit. 10. Best Practices for Federal
Contractors; K. Parker. Part 7. Department of Labor Litigation and
Regulatory Initiatives. 11. Insight from the New Sheriff’s Top
Lawyer: Perspective from the Solicitor’s Office; M.P. Smith.
12. Fissured Employment; D. Weil. Part 8. Representation and
Regulation. 13. Mandatory Disclosure in the Market for Union
Representation; M.T. Bodie. Part 9. Ethical Issues for In-House
Counsel. 14. Selected Ethics and Professionalism Issues for Labor
and Employment Lawyers; D.P. Duffy.