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Syllabus

The information contained on this page is designed to give students a representative example of material covered in the course. Any information related to course assignments, dates, or course materials is illustrative only. For a definitive list of materials, please check the online catalog 3-4 weeks before the course start date.

LER 401: The Law of Labor-Management Relations (3): Development of Anglo-American law regulating collective bargaining, with emphasis on American labor-management relations under Wagner, Taft-Hartley, and other acts. Prerequisite: 3 credits in Labor and Employment Relations or Political Science.



Overview

Course Philosophy & Structure

This course reviews the subject of labor relations in some detail. Time does not permit an in depth treatment of all subject areas, however most discussions provide the current legal standards as well as the history of the subject areas. At the end of the course you will have most of the tools and skills you need for a career in labor relations. The textbook has been a "bible" for labor relations practitioners for decades.  The course commentaries supplement the text with additional insights. The subject is are very complex and thus time constraints preclude covering all of the intricacies of labor law. The course focus is on the National Labor Relations Act (NLRA) and the National Labor Relations Board that administers the Act. It presents the Board's historical background, the Board administrative structure, the mosaic of Board rules, manuals, and guides, and the relationship of the Board and courts. While it is not a law course, it is an excellent introduction to the legal field.

Catalog Description

This course will examine the evolution of labor law in the United States. The NLRA and the decisions of the National Labor Relations Board (NLRB) and the courts will be examined in order to gain an understanding of the current legal framework underpinning our system of labor-management relations. Major issues to be examined include the rights of employees to union representation; the formation of bargaining units; the conduct of organizing campaigns and elections; the duty to bargain; strikes, striker's rights, and lockouts; picketing, boycotts, and related activity; the enforcement of collective bargaining agreements and the duty to arbitrate; union members' rights and responsibilities, the duty of fair representation; and federal-state relationships in labor relations.

 


Course Objectives

You are rewarding a teacher poorly if you remain always a pupil. -Friedrich Nietzsche

The objectives of this course are geared to LSER and HRER students who go on to careers in human resources management, labor relations, union organizing and representation, employment law, and government. This course is designed to provide real-world, practical skills for such careers:

  • the historical background of contemporary labor law
  • various analytical models of unionization of the logic of collective action
  • simulated self-union organizing, union prevention, unfair labor practice, and representation exercises
  • familiarity with labor relations-related administrative forms, procedure, and law and case authority particularly the administrative and case law of the National Labor Relations Board (NLRB or Board)
  • approaches to navigating labor relations related resources and Web sites
  • insider knowledge of "how the Board really works"
  • compliance advice for management-side practitioners
  • tactical and strategic tips and suggestions for management and labor practitioners involved in unfair labor practice or Board representation proceedings
  • completing Board forms (ULP charge, R & De-cert petitions)
  • familiarity with the political and economic pressures shaping labor law in the United States
  • knowledge of important Board and court case authority, including current trends
  • the ability to examine labor relations from either side, bereft of ideological blinders or preconceptions
  • labor law-related jargon, terms of art, and acronyms

Required Course Materials

Most World Campus courses require that students purchase materials (e.g., textbooks, specific software, etc.). To learn about how to order materials, please see the Course Materials page. You should check LionPATH approximately 3–4 weeks before the course begins for a list of required materials.

Using the Library

Many of the University Libraries resources can be utilized from a distance. Through the Libraries website, you can

  • access magazine, journal, and newspaper articles online using library databases;
  • borrow materials and have them delivered to your doorstep—or even your desktop;
  • get research help via email, chat, or phone using the Ask a Librarian service; and
  • much more. 

You must have an active Penn State Access Account to take full advantage of the Libraries' resources and service.  The Off-Campus Users page has additional information about these free services.


Technical Requirements

Technical Requirements
Operating System

Canvas, Penn State's Learning Management System (LMS), supports most recent versions of Microsoft Windows and Apple Mac operating systems. 

To determine if your operating system is supported, please review Canvas' computer specifications.

Browser

Canvas supports the last two versions of every major browser release. It is highly recommended that you update to the newest version of whatever browser you are using.

Please note that Canvas does not support the use of Internet Explorer. Students and instructors should choose a different browser to use.   

To determine if your browser is supported, please review the list of Canvas Supported Browsers.


Note: Cookies must be enabled, and pop-up blockers should be configured to permit new windows from Penn State websites.
Additional Canvas Requirements For a list of software, hardware, and computer settings specifically required by the Canvas LMS, please review Canvas' computer specifications.
Additional Software

All Penn State students have access to Microsoft Office 365, including Microsoft Office applications such as Word, Excel, and PowerPoint.

Students will need a PDF reader, such as Adobe Reader.

Hardware

Monitor: Monitor capable of at least 1024 x 768 resolution
Audio: Microphone, Speakers
Camera (optional, recommended): Standard webcam - many courses may require a webcam for assignments or exam proctoring software.

Mobile Device (optional) The Canvas mobile app is available for versions of iOS and Android. To determine if your device is capable of using the Canvas Mobile App, please review the Canvas Mobile App Requirements.


Student Education Experience Questionnaire (SEEQ)

During the semester you will receive information for completing the Student Education Experience Questionnaire (SEEQ). Your participation is an opportunity to provide anonymous feedback on your learning experience. Your feedback is important because it allows us to understand your experience in this course and make changes to improve the learning experiences of future students. Please monitor email and course communications for links and availability dates.


Additional Software

One of the benefits of being a registered Penn State student is that you are eligible to receive educational discounts on many software titles. If you are interested in learning more about purchasing software through our affiliate vendor, please visit the Buying Software section of the Course Materials page.

Technical Support

If you need technical assistance at any point during the course, please contact the Service Desk.

For registration, advising, disability services, help with materials, exams, general problem solving, visit World Campus Student Services!


Assignment Policies

Course discussions and assignments all have a date for completion or for submission to the course instructor. The due date for each is noted in the Course Schedule section of the syllabus. All of the assignments are mandatory requirements of the course and all must be completed to pass the course. Late assignments will be penalized a letter grade for each day late unless you have made prior arrangements with the instructor.

If you know you will be offline the day an assignment is due, please make sure to post it early.  Any time you feel that you might be falling behind in the course, it is best to contact the instructor to discuss your situation. No assignments can be accepted after 11:59 p.m. Eastern Time (ET) on the final day of class. 

The majority of the assignments for this course will be submitted by posting them to course "discussion forums" or "drop boxes." It is strongly recommended that you draft (and save) all assignments in Microsoft Word (or your favorite word processing program) and then COPY and PASTE the information into your discussion forum posting or e-mail message. That way you will have a copy saved on your computer should anything go wrong!

You will receive assignment grades and feedback privately via the Grades and/or e-mail.

Finally, please keep a copy of ALL your work. We cannot assume responsibility for lost material.

Course Schedule

Assignments are due by 11:59 p.m. ET on Sunday of each corresponding week.

Getting Started and Lesson 1: Labor Relations Laws
Readings
  • Getting Started Lesson
  • Lesson 01 Commentary
  • Textbook
    • Labor Law, pages 1-77
Video
  • Background of Labor Relations Laws
Assignments
  • Complete and submit:
    • Initial tasks as indicated. (Ungraded)
    • NLRA Essay Assignment (50 points)
Lesson 2: Legal Framework for Organizing
Readings
  • Lesson 02 Commentary
  • Textbook
    • Labor Law, pages 79-184
  • Other Readings
    • Hartman Bros. Heating & Air Conditioning, Inc. v. NLRB, 280 F.3d 1110 (7th Cir. 2002)
    • Stericycle, Inc., 357 N.L.R.B. No. 61 (Aug. 23, 2011)
Video
  • The Legal Framework for Union Organizing, Part 1
Assignments
  • Complete and submit:
    • IRAC Summaries Assignment (50 points)
Lesson 3: Framework for Organizing (continued)
Readings
  • Lesson 03 Commentary
  • Textbook
    • Labor Law, pages 185-225
  • Other Readings
    • The NLRB complaint in the Boeing Company case
      (http://www.nlrb.gov/news-outreach/fact-sheets/boeing-complaint-fact-sheet)
    • The May 3, 2011 letter from Sens. Michael B. Enzi, Lamar Alexander, Richard Burr, Johnny Isakson, Rand Paul, Orrin G. Hatch, John McCain, Pat Roberts, Lisa Murkowski, and Mark Kirk to Acting General Counsel Lafe E. Solomon (which is also available at http://www.nlrb.gov/news-outreach/fact-sheets/boeing-complaint-fact-sheet)
    • International Ladies' Garment Workers' Union v. NLRB, 374 F.2d 295 (D.C. Cir.), cert. denied, 387 U.S. 942 (1967).
Video
  • The Legal Framework for Union Organizing, Part 2
Assignments
  • Complete and submit:
    • Boeing Essay Assignment (50 points)
    • Quiz 1 covering Lessons 01 - 03 (30 points)
Lesson 4: Legal Process to Gain Bargaining Rights
Readings
  • Lesson 04 Commentary
  • Textbook
    • Labor Law, pages 225-312
  • Other Readings
    • Air Transp. Ass'n of Am., Inc. v. Nat'l Mediation Bd., 663 F.3d 476 (D.C. Cir. 2011)
Video
  • The Legal Process for a Union to Gain Bargaining Rights
Assignments
  • Complete and submit:
    • Groupwork 2010 Rule Change Assignment (80 points)
Lesson 5: Contract Negotiations
Readings
  • Lesson 5 Commentary
  • Textbook
    • Labor Law, pages 313-458
Video
  • The Law Governing Contract Negotiations
Assignments
  • Complete and submit:
    • NLRB Forms Assignment (50 points)
    • Mid-Course Survey
Lesson 6: Strikes, Pickets, and Boycotts
Readings
  • Lesson 6 Commentary
  • Textbook
    • Labor Law, pages 459-580
Video
  • Strikes, Picketing, and Boycotts
Assignments
  • Complete and submit:
    • Quiz 2 covering Lessons 04 - 06 (30 points)
Lesson 7: Use of Secondary Pressure
Readings
  • Lesson 7 Commentary
  • Textbook
    • Labor Law, pages 580-674
  • Other Readings
    • Kentov ex rel. NLRB v. Sheet Metal Workers' Int'l Ass'n Local 15, AFL-CIO, 418 F.3d 1259 (11th Cir. 2005)
    • United Bhd. of Carpenters & Joiners of Am., Local Union No. 1506, 355 N.L.R.B. 797 (2010)
Video
  • A Union's Use of Secondary Pressure
Assignments
  • Complete and submit:
    • Group Memorandums Assignment (80 points)
Lesson 8: Grievance Procedures and Enforcement of Agreements
Readings
  • Lesson 8 Commentary
  • Textbook
    • Labor Law, pages 675-685 (Grievance Procedures)
    • Labor Law, pages 685-808 (Enforcement of Agreements)
  • Other Readings
    • International Union of Petroleum & Industrial Workers v. Western Industrial Maintenance, Inc., 707 F.2d 425 (9th Cir. 1983)
    • El Paso Complaint
    • El Paso Complaint Exhibit A
    • El Paso Complaint Exhibit B-C
    • El Paso Motion to Dismiss
    • El Paso Response to Motion to Dismiss
    • El Paso Reply to Response to MTD
Videos
  • Grievance Procedures
  • Enforcement of Collective Bargaining Agreements
Assignments
  • Complete and submit:
    • Judge's Order OR Corporate Memorandum  (50 points)
    • Quiz 3 Covering Lessons 07 - 08 (30 points)
Lesson 9: Mid Course Exam
Readings
  • None
Assignments
  • Complete and submit:
    • Mid-Course Exam Covering Lessons 01 - 08 (120 points)
Lesson 10: Legal Impact of Changes in Corporate Structure
Readings
  • Lesson 10 Commentary
  • Textbook
    • Labor Law, pages 809-872
  • Other Readings
    • Nicolau Award
    • Addington v. US Airline Pilots Ass'n, 588 F. Supp. 2d 1051 (D. Ariz. 2008)
Video
  • The Legal Impact of Changes in Corporate Structure
Assignments
  • Complete and submit:
    • Integration Essay (50 points)
Lesson 11: Union Duty of Fair Representation
Readings
  • Lesson 11 Commentary
  • Textbook
    • Labor Law, pages 953-1000
  • Other Readings
    • Garcia v. Salt River Project Agric. Improvement & Power Dist., 618 F. Supp. 2d 1092 (D. Ariz. 2007)
    • "The Individual Employee's Rights Under the Collective Agreement: What Constitutes Fair Representation?" 126 U.Pa.L.Rev. 251, 279 (1977).
Video
  • The Union's Duty of Fair Representation
Assignments
  • Complete and submit:
    • Fair Representation Essay (50 points)
Lesson 12: Role of Federalism
Readings
  • Lesson 12 Commentary
  • Textbook
    • Labor Law, pages 873-951
Video
  • The Role of Federalism
Assignments
  • Complete and submit:
    • Secret Ballot Group Essay (80 points)
Lesson 13: Union Security Agreements
Readings
  • Lesson 13 Commentary
  • Textbook
    • Labor Law, pages 1000-1052
  • Other Readings
    • "Right to Work" vs. The Rights of Workers (March 2011). Higgins Labor Studies Program report. University of Notre Dame.
Videos
  • The Law of Union Security Agreements
  • Indiana "The Right To Work For Less" State
  • Cecil B. DeMille's Showdown!
Assignments
  • Complete and submit:
    • Right to Work Essay (50 points)
Lesson 14: Internal Union Discipline and Contemporary Labor Law
Readings
  • Lesson 14 Commentary
  • Textbook
    • Labor Law, pages 1052-1073
    • Labor Law, pages 1075-1087
Videos
  • The Law of Internal Union Discipline
  • A Look at Contemporary Labor Law
Assignments
  • Complete and submit:
    • Quiz 4 covering Lessons 10 - 14 (30 points)
Lesson 15: Final Exam
Readings
  • None
Assignments
  • Complete and submit:
    • Final Exam Covering Lessons 10 - 14 (120 points)
    • SRTE

 

Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.


Course Requirements and Grading

You will be evaluated based on the quality of your participation in each of the stated course requirements. A final course grade will be calculated considering each graded requirement and posted to the online course gradebook. It is your responsibility to check your gradebook weekly to be sure that you are properly credited for assignments submitted. (If not, you are to contact the instructor by e-mail.)

The instructor reserves the right to make subjective judgments about the quality of student participation and products. (In other words, quantity does not equate to quality.)

The World Campus follows the same grading system as the Penn State resident program. The grades of A, B, C, D, and F indicate the following qualities of academic performance:

A = (Excellent) Indicates exceptional achievement
B = (Good) Indicates extensive achievement
C = (Satisfactory) Indicates acceptable achievement
D = (Poor) Indicates only minimal achievement
F = (Failure) Indicates inadequate achievement necessitating a repetition of the course in order to secure credit

Please refer to the University Grading Policy for Undergraduate Courses for additional information about University grading policies.

Note: If you are planning to graduate this semester, please communicate your intent to graduate to your instructor. This will alert your instructor to the need to submit your final grade in time to meet the published graduation deadlines. For more information about graduation policies and deadlines, please go to the Graduation Information on the My Penn State Online Student Portal.

The final grades of A, B, C, and D will be assigned as follows:

Letter GradePercentage
Grading Scale
A93-100
A-90-92.99
B+87-89.99
B83-86.99
B-80-82.99
C+77-79.99
C70-76.99
D60-69.99
F0-59.99

Academic Integrity

According to Penn State policy G-9: Academic Integrity , an academic integrity violation is “an intentional, unintentional, or attempted violation of course or assessment policies to gain an academic advantage or to advantage or disadvantage another student academically.” Unless your instructor tells you otherwise, you must complete all course work entirely on your own, using only sources that have been permitted by your instructor, and you may not assist other students with papers, quizzes, exams, or other assessments. If your instructor allows you to use ideas, images, or word phrases created by another person (e.g., from Course Hero or Chegg) or by generative technology, such as ChatGPT, you must identify their source. You may not submit false or fabricated information, use the same academic work for credit in multiple courses, or share instructional content. Students with questions about academic integrity should ask their instructor before submitting work.

Students facing allegations of academic misconduct may not drop/withdraw from the affected course unless they are cleared of wrongdoing (see G-9: Academic Integrity ). Attempted drops will be prevented or reversed, and students will be expected to complete course work and meet course deadlines. Students who are found responsible for academic integrity violations face academic outcomes, which can be severe, and put themselves at jeopardy for other outcomes which may include ineligibility for Dean’s List, pass/fail elections, and grade forgiveness. Students may also face consequences from their home/major program and/or The Schreyer Honors College.

How Academic Integrity Violations Are Handled
World Campus students are expected to act with civility and personal integrity; respect other students' dignity, rights, and property; and help create and maintain an environment in which all can succeed through the fruits of their own efforts. An environment of academic integrity is requisite to respect for oneself and others, as well as a civil community.

In cases where academic integrity is questioned, the Policy on Academic Integrity indicates that procedure requires an instructor to inform the student of the allegation. Procedures allow a student to accept or contest a charge. If a student chooses to contest a charge, the case will then be managed by the respective college or campus Academic Integrity Committee. If that committee recommends an administrative sanction (Formal Warning, Conduct Probation, Suspension, Expulsion), the claim will be referred to the Office of Student Accountability and Conflict Response.

All Penn State colleges abide by this Penn State policy, but review procedures may vary by college when academic dishonesty is suspected. Information about Penn State's academic integrity policy and college review procedures is included in the information that students receive upon enrolling in a course. To obtain that information in advance of enrolling in a course, please contact us by going to the Contacts & Help page .

 

University Policies

Penn State welcomes students with disabilities into the University's educational programs. Every Penn State campus has resources for students with disabilities. The Student Disability Resources (SDR) website provides contacts for disability services at every Penn State campus. For further information, please visit the SDR website.

In order to apply for reasonable accommodations, you must contact the appropriate disability resources office at the campus where you are officially enrolled, participate in an intake interview, and provide documentation based on the documentation guidelines. If the documentation supports your request for reasonable accommodations, your campus's disability resources office will provide you with an accommodation letter. Please share this letter with your instructors and discuss the accommodations with them as early in your courses as possible. You must follow this process for every semester that you request accommodations.

For information about additional policies regarding Penn State Access Accounts; credit by examination; course tuition, fees, and refund schedules; and drops and withdrawals, please see the World Campus Student Center website.

If you have a crisis or safety concern, mental health services are available to you as a Penn State student. Crisis and emergency contacts are available, no matter where you are located:

Formal instruction will end on the last day of class. Provided that you have an active Penn State Access Account user ID and password, you will continue to be able to access the course materials for one year, starting from the end date of the academic semester in which the course was offered (with the exception of library reserves and other external resources that may have a shorter archival period). After one year, you might be able to access the course based on the policies of the program or department offering the course material, up to a maximum of three years from the end date of the academic semester in which the course was offered. For more information, please review the University Course Archival Policy.


Disclaimer

Please note that the specifics of this Course Syllabus are subject to change, and you will be responsible for abiding by any such changes. Your instructor will notify you of any changes.


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