Department of Political Science, Criminal Justice, and Legal Studies
Course:  POL/MGT 577-01    Credit Hours: 3    Fall 1999




    I.  Course title:  Labor Law and Public Policy

   II.  Instructor's name:  Dr. Winfield H. Rose
            Office location:  553C BBS (Business Building South)
            Phone numbers:  (270) 762-2662 (office); 753-0126 (home); 762-2688 (fax)
            E-mail:  winfield.rose@murraystate.edu
            Homepage:  http://campus.murraystate.edu/academic/faculty/winfield.rose/main.htm
                (Be sure to check this out; it contains this course syllabus and other useful
                 information.)
            Office hours:  9:30 - 10:30 a.m. MWF
                                  9:30 - 11:30 a.m. TTh
                                  2:00 -   5:00 p.m. Th

   III.  Class location and meeting time: 6:00-9:00 p.m. Thursdays, August 26-December 16, 1999.

  IV.  Catalog description:  Traces the development of the principles of labor law and labor legislation as well as their administration at the national, state, and local levels in the United States.  Uses administrative and court decisions and policy analysis to examine issues of current significance concerning labor relations. (Same as MGT 577)

   V.  Prerequisites:  Relevant course work in business or public administration or equivalent work experience; at least junior standing for undergraduates.

  VI.  Required text: none but extensive use of the Internet is a necessity.

 VII.  Method of Instruction:  Seminar.  Students will be expected to read their assignments before class and to come to class prepared to discuss them; this includes being able to ask as well as answer questions.  It is the student's responsibility to demonstrate familiarity with assigned readings each class meeting.  Students will also be individually assigned specific topics from the syllabus for in-depth study and class presentation.

VIII.  Academic Dishonesty:  The policy on academic dishonesty adopted by the Board of Regents on February 14, 1975 and reprinted in the Undergraduate and Graduate Bulletins is hereby incorporated into this syllabus.

  IX.  Content Outline:
 
 

I.  Introduction
II.  Unionization and Collective Bargaining
III.  Workplace Standards
IV.  Employee Rights and Benefits
V.  Conclusion

  X.  Course Requirements:

        Mid-term exam October 7, 1999
        Final exam December 16, 1999
        Class preparation, attendance, and participation
        One book review:  see instructions below
        Additional work for 500-level graduate students:  10 case briefs
        Additional work for 600-level graduate students:  15 case briefs
            (written briefs on relevant court cases)

   XI.  Book Review

        Your outside writing assignment for POL/MGT 577 is to buy, read, and write a review of the book The Excuse Factory:  How Employment Law Is Paralyzing the American Workplace by Walter K. Olson, Free Press, 1997.  This book review should adhere to the following format.  Please repeat each question in bold print before answering it.

(1)  Does the author have a thesis, theory, or hypothesis he is testing?  If not, what was the purpose in writing the book ?

(2)  What kinds of data, that is, what are the principal data the author brings to bear in the book?  Is the book empirical, historical, intuitive, anecdotal, experiential, or a combination ?

(3)  Summarize his most important findings, conclusions, and positions.

(4)  What contribution, if any, does this book make to the study of labor and employment law and to the clarification of important contemporary political issues in the United States ?

(5)  What is your general assessment of the book ?  Is it well written ?  Are the author's conclusions easy to follow ?  Is his argument clear ?  Is the book too polemical ?  Would you recommend the book ?  Why or why not ?

These book reviews should consist of 10-12 typewritten pages and should conform to generally accepted standards of style.  They should be done in a highly competent and professional manner.  Please adhere to my "Tips on Good Writing" which may be downloaded from my homepage.

"Footnotes" need not be put at the bottom of the page but may be inserted as page references throughout the text of your review since you will be dealing with only one book.  You should, however, be certain to insert page references frequently in order to relate your review to the book properly; this means that more than direct quotations should be referenced.  A book review should consist of more than piecing together a series of quotations copied from the book; you need to demonstrate that you have read the book, that you know and understand what is in it, and that you have analyzed it to reach some conclusions about the validity of its arguments.

 XII.  Internet Resources:

FindLaw
THOMAS:  Congress on the Internet
United States Code
Department of Labor
(Laws & Regs)
Equal Employment Opportunity Commission
Internet Resources for Labor/Employment Law
Cornell Legal Information Institute
Jurist: The Law Professors' Network





XIII.  Course Content:  This section is not complete; further updates will be posted on the Internet version.  You will need to consult this regularly.

As you study the legislation cited below, organize your thoughts
around the following questions:

(1)  What problem(s) was it intended to address?
(2) What group(s) was it intended to benefit or protect?
(3) How did it do this?
(4) What agency was given enforcement jurisdiction?
(5) How effective has it been? Have there been unforeseen
consequences (both good and bad)?

I.  Introduction:

U. S. Constitution, Article I: Under Findlaw, go to U. S. Constitution, Article I, section 8, clause 3; then go back to Article I under Annotations, then to Clause 3, Commerce Power.
Marbury v. Madison, 5 US 137 (1803)
McCulloch v. Maryland, 17 US 316 (1819)
Gibbons v. Ogden, 22 US 1 (1824)

II.  Unionization and Collective Bargaining:

Landmark legislation and cases:
Sherman Antitrust Act of 1890, 15 USC 1, ch. 1 (monopolies and
combinations in restraint of trade)
In re Debs, 158 US 564 (1895)
Loewe v. Lawlor, 208 US 274 (1908)
Clayton Antitrust Act of 1914, 29 USC 52-53
Lawlor v. Loewe, 235 US 522 (1915)
Hitchman Coal & Coke Co. v. Mitchell, 245 US 229 (1917)
Duplex Printing Press v. Deering, 254 US 443 (1921)
Railway Labor Act of 1926, 45 USC 151-164
Norris-LaGuardia Act of 1932, 29 USC 101-115
Labor-Management Relations Act of 1947, 29 USC 141-197
(includes the National Labor Relations Act of 1935)
NLRB v. Jones & Laughlin Steel Corp., 301 US 1 (1937)
Labor-Management Reporting Disclosure Act of 1959, 29 USC 401-531
Examine the National Labor Relations Board website thoroughly.

Who is Covered?
Phelps Dodge Corp. v. NLRB, 313 US 177 (1941)
NLRB v. Gissel Packing Co., 395 US 575 (1969)
H. K. Porter Co. v. NLRB, 397 US 99 (1970)
Bayside Enterprises v. NLRB, 429 US 298 (1977)
NLRB v. Yeshiva University, 444 US 672 (1980)
NLRB v. Hendricks County Rural Electric, 454 US 170 (1981)

Unit determination:
Packard Motor Co. v. NLRB, 330 US 485 (1947)
South Prairie Construction v. Operating Engineers, 425 US 800 (1976)

Duty of fair representation:
Vaca v. Sipes, 386 US 171 (1967)
Bowen v. United States Postal Service, 459 US 212 (1983)

Service fees and the agency shop:
Abood v. Detroit Board of Education, 431 US 209 (1977)
Ellis v. Railway Clerks, 466 US 435 (1984)
Chicago Teachers v. Hudson, 475 US 292 (1986)
Communications Workers v. Beck, 487 US 735 (1988)
Lehnert v. Ferris Faculty Association, 500 US 507 (1991)
Many unions and locals have their own websites.  The URL usually (but not
always) is the initials followed by dot org, i.e., www.aflcio.org; www.uaw.org;
www.afscme.org.  Please familiarize yourself with some of their webpages.

III.  Workplace Standards

Wages and hours:
Fair Labor Standards Act of 1938, 29 USC 201-219
Davis-Bacon Act, 40 USC 276a-276d2
Equal Pay Act of 1963, 29 USC 206d
EEOC regulations 1620 & 1621 via EEOC website
Examine Department of Labor official website, especially Wage and Hours Division
29 CFR 505-794 passim
Auer v. Robbins, ____ US ____, # 95-897 (1997)

Comparable worth:
American Federation of State, County, & Municipal Employees v. State of
Washington, 578 F.Supp. 846 (1983)
American Federation of State, County, & Municipal Employees v. State of
Washington, 770 F. 2d 1401 (1985)
State of Minnesota, Department of Employee Relations, Labor Relations/Compensation Division: Pay Equity/Comparable Worth
Deborah Walker, "Value and Opportunity: The Issue of Comparable Pay for Comparable Worth." Policy Analysis, #38, May 31, 1984.
Enter the term "comparable+worth" into various search engines and peruse the hits.

Equal Employment Opportunity and Affirmative Action:
Title VII, Civil Rights Act of 1964, 42 USC 2000e et seq.
Griggs v. Duke Power, 401 US 424 (1971)
Regents V. Bakke, 438 US 265 (1978)
Steelworkers v. Weber, 443 US 193 (1979)
Johnson v. Transportation Agency, 480 US 616 (1987)
Wards Cove Packing Company v. Atonio, 490 US 642 (1989)
Civil Rights Act of 1991, Public Law 102-166, 105 STAT. 1071
(locate via Thomas, 102d Congress, S. 1745)
Adarand Constructors v. Pena, ____ US ____ (1995)
Please familiarize yourself with the EEOC Website.
EEOC regulations #'s 1600-1610

National Origin Discrimination:
Espinoza v. Farah Mfg. Co., 414 US 86 (1973)
EEOC v. Arabian American Oil Co., 499 US 244 (1991)

Sex Discrimination:
Price Waterhouse v. Hopkins, 490 US 228 (1989)
Romer v. Evans, ____ US ____ (1996)

Sexual Harassment:
Meritor Savings Bank v. Vinson, 477 US 57 (1986)
Franklin v. Gwinnet County Public Schools, 503 US 60 (1992)
Harris v. Forklift Systems, ___ US ___ (1993)
Burlington Industries v. Ellerth, ___ US ___ (1998)
Oncale v. Sundowner Offshore Services, ___ US ___ (1998)

Age Discrimination:
Age Discrimination in Employment Act of 1967, 29 USC 621-634
EEOC regulations #'s 1625-1627
Equal Employment Opportunity Commission v. Wyoming, 460 US 226 (1983)
Western Air Lines v. Criswell, 472 US 400 (1985)

Occupational Safety and Health:
Occupational Safety and Health Act of 1971, 29 USC 651 et seq.
29 CFR 1900 to end
(may also be accessed via the OSHA homepage, which you should examine carefully)
Atlas Roofing Co. v. Occupational Safety Commission, 430 US 442 (1977)
Whirlpool Corp. v. Marshall, 445 US 1 (1980)
Industrial Union Dept. v. American Petroleum Institute, 448 US 607 (1980)
Martin v. OSHRC, 499 US 144 (1991)

Migrant Workers:
Espinoza v. Farah Mfg. Co., 414 US 86 (1973)
Immigration and Nationality Act of 1986, 8 USC 1184, 1188, 1324a & 1324b
Immigration Reform and Responsibility Act of 1996
29 CFR 500, 501, & 504
EEOC, "Remedies Available to Unauthorized Workers," October 26, 1999

Drug Use:
Drug-Free Workplace Act of 1988, 41 USC 701-707
Skinner v. Railway Labor Executives' Association, 489 US 602 (1989)
National Treasury Employees' Union v. von Raab, 489 US 659 (1989)
Omnibus Transportation Employee Testing Act of 1991, 49 USC 45101-45106

Persons with Disabilities:
Vocational Rehabilitation Act of 1973, 29 USC 791, 793-794(a)
Americans With Disabilities Act of 1990, 42 USC 12101-12102, 12111-
12117, 12201-12203, 12205, 12208, 12210-12211.
EEOC regulations # 1630 & 1640
________ v. ________, # 97-156 (1998)
Pennsylvania Department of Corrections v. Yeskey, # 97-634 (1998)
Wright v. Universal Maritime Service Corporation, # 97-889 (1998)
Cleveland v. Policy Management Systems Corporation, # 97-1008 (1999)
Sutton v. United Air Lines, # 97-1943 (1999)
Murphy v. United Parcel Service, # 97-1992 (1999)
Olmstead v. L. C., # 98-536 (1999)
Albertsons v. Kirkingburg, # 98-591 (1999)

IV.  Employee Rights and Benefits

Wage Garnishment:
Consumer Credit Protection Act of 1968, subchapter II, 15 USC 1671-1677
EEOC regulations # 1650; 29 CFR 870

Retirement Income Security:
Employee Retirement Income Security Act of 1974, 29 USC 1001-1147
For a good condensation:  Peter J. Wiedenbeck, "ERISA's Curious Coverage."
Washington University Law Quarterly, v. 76 # 1, Spring 1998.
29CFR 2509-2589

Veterans' Reemployment:
Vietnam-era Veterans readjustment Act of 1974, 38 USC 4211-4213
Uniformed Services Employment and Reemployment Act of 1994, 38 USC 4301-4333

Privacy:
Griswold v. Connecticut, 381 US 479 (1966)
O'Connor v. Ortega, 480 US 709 (1987)
Employee Polygraph Protection Act of 1988, 29 USC 2001-2009
EEOC regulations # 1611; 29 CFR 801
Electronic Communications Privacy Act of 1986, 18 USC 2510-2711
John T. Lovett, "Privacy in the Work Place: E-Mail, the Internet, and Other Media."
(Fourteenth Annual Labor & Employment Institute, Louis Brandeis
School of Law, University of Louisville, June 6, 1997)

Free Speech:
Pickering v. Board of Education, 391 US 563 (1968)
Mt. Healthy City School District Board of Education v. Doyle, 429 US 274 (1977)
Connick v. Myers, 461 US 138 (1983)
Rankin v. McPherson, 483 US 378 (1987)

Plant Closings:
Worker Adjustment and Retraining Notification Act of 1988, 29 USC 2101-2109

Personal Leave:
Family and Medical Leave Act of 1993, 29 USC 2601-2654
29 CFR 825

Health Insurance:
Health Insurance Portability and Accountability Act of 1996, 29 USC 1181-1191c
29 CFR 2590

Workers' Compensation

V.  Conclusion