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 is primarily a bible for union members. The course commentaries supplement the text bringing it into a more neutral perspective. 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 give our students the 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) and filing a motion for summary judgment
- 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.
Library Resources
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.
Reading and Skim Reading
Most students, most people read important materials at one speed, which doesn't work very well. I strongly recommend that the first time you read the course materials, you skim read them. Skim reading consists of rapidly reading the Table of Contents, Introduction, Chapter Titles, Headings, and Conclusion and any charts or illustrations in a document. When you skim read, read at the speed you read the newspaper.
Skim reading has two purposes. First, an initial skim reading provides a kind of cognitive skeleton on which the meat of subsequent reading(s). Having skim read, the reader has a kind of roadmap of the readings in hand. Second, skim reading is a great way to become familiar with the architecture of a document or resource volume without reading the entire work. Skim reading is valuable in a complex area of law like labor relations because knowing where to finds things is at a premium since one can't know every legal holding, case, rule, etc. The Course Readings List will indicate which materials should be read in more depth and which ones are okay to skim read.
Technical Requirements
| Operating System | Windows Vista, Windows 7, Windows 8*; Mac OS X 10.5 or higher *Windows 8 support excludes the tablet only RT version |
|---|---|
| Processor | 2 GHz or higher |
| Memory | 1 GB of RAM |
| Hard Drive Space | 20 GB free disk space |
| Browser | We recommend the latest ANGEL-supported version of Firefox or
Internet Explorer. To determine if your browser fits this criterion,
and for advice on downloading a supported version,
please refer to the following ITS knowledge base article: Supported Browsers and Recommended Computers.
Note: Cookies, Java, and JavaScript must be enabled. Pop-up blockers should be configured to permit new windows from Penn State websites. Due to nonstandard handling of CSS, JavaScript and caching, older versions of Internet Explorer (such as IE 6 or earlier) do not work with our courses. |
| Plug-ins | Adobe Reader [Download from Adobe]
Flash Player (v7.0 or later) [Download from Adobe] |
| Additional Software | Microsoft Office (2007 or later) |
| Internet Connection | Broadband (cable or DSL) connection required |
| Printer | Access to graphics-capable printer |
| DVD-ROM | Required |
| Sound Card, Microphone, and Speakers | Required |
| Monitor | Capable of at least 1024 x 768 resolution |
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, below. All of the above 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. Deadlines will be defined as 11:55 p.m. Eastern Time (ET) unless otherwise noted.
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 11:55 p.m. Eastern Time (ET) on the final day of class. If you have an assignment completed by the deadline but are unable to post it in the forum for technical reasons, you can send it to the instructor by e-mail to demonstrate that it was completed on time. However, you must post the assignment in the forum once that becomes available.
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 Angel gradebook and/or e-mail.
Finally, please keep a copy of ALL your work. We cannot assume responsibility for lost material.
As a Penn State student, you have access to linda.com, your one-stop shop for video tutorials on Illustrator, Dreamweaver, Photoshop, Access, Excel, PowerPoint, and hundreds more topics--all free to active Penn State faculty, staff, and currently enrolled students. Take tutorials to help with coursework, learn techniques for your own projects, and build tech skills to boost your résumé (Tutorials are not required or graded.)
Course Schedule
| Lesson | Activity |
|---|---|
Lesson 01 Part 1 - Getting Started |
|
| Lesson 01 Part 2 - Background of Labor Relations Laws |
|
| Lesson 02 - The Legal Framework for Union Organizing Part 1 |
|
| Lesson 03 - The Legal Framework for Union Organizing Part 2 |
|
Lesson 04 - The Legal Process for a Union to Gain Bargaining Rights |
|
Lesson 05 - The Law Governing Contract Negotiations
|
|
| Lesson 06 - The Law of Strikes, Pickets, and Boycotts |
|
| Lesson 07 - A Union's Use of Secondary Pressure |
|
Lesson 08 Part 1 - Grievance Procedures Lesson 08 Part 2 - Envorcement of Collective Bargaining Agreements |
|
Lesson 09 - Mid-Course Exam |
|
Lesson 10 - The Legal Impact of Changes in Corporate Structure |
|
| Lesson 11 - The Union's Duty of Fair Representation |
|
| Lesson 12 - The Role of Federalism in Labor Relations Law |
|
| Lesson 13 - The Law of Union Security Agreements |
|
Lesson 14 Part 1 - The Law of Internal Union Discipline Lesson 14 Part 2 - A Look at Contemporary Labor Law |
|
| Lesson 15 - Final Exam |
|
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 see "Graduation" on the World Campus Student Policies Web site.
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 grade book. 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 final grades of A, B, C, and D will be assigned as follows:
Letter Grade |
Percentage |
A |
93 |
A- |
90 |
B+ |
88 |
B |
82 |
B- |
80 |
C+ |
78 |
C |
70 |
D |
60 |
F |
< 59 |
The following chart shows a breakdown of the course tasks and the points associated.
| Lesson | Discussion Forum | Drop Box | Other | Points |
|---|---|---|---|---|
| Lesson 01 | Administrative Law Research Tutorial Questions |
40
|
||
| Lesson 02 |
Individual Case Presentation - Historical Background of Contemporary Labor Law Individual Response Postings |
60
10
|
||
|
Lesson 03 |
|
Play One-shot and Iterated Prisoners' Dilemma Games - Analytical Models for Unionization |
ungraded
|
|
| Lesson 04 | "How the Board Works" Scavenger Hunt - How the Act and the Board Work |
50
|
||
| Lesson 05 | R-Petition Practice Assignment |
10
|
||
| Lesson 05 | Essay The Collective Bargaining Unit and Representation Elections |
60
|
||
| Lesson 06 | Essay - Union Organizing Rights and Election Campaigns |
60
|
||
| Lesson 06 | Lesson 06 Quiz |
40
|
||
| Lesson 07 |
Protection of Employee’s Right to Act Collectively - GROUP WORK Individual Response Postings |
50
10
|
||
| Lesson 07 | Lesson 07 Quiz |
40
|
||
| Lesson 08 | Essay - Collective Bargaining – The Duty to Bargain |
60
|
||
| Lesson 08 | Lesson 08 Quiz |
40
|
||
| Lesson 09 | Issue Spotter - Strikes, Striker Rights, Picketing and Lockouts |
40
|
||
| Lesson 10 | Enforcement of Collective Bargain Agreements Case Presentation |
70
|
||
| Lesson 10 | ULP-Practice Assignment |
10
|
||
| Lesson 11 | Lesson 11 Quiz |
40
|
||
| Lesson 12 | Issue Spotter - Federal-State Relationship in Labor Relations |
40
|
||
| Lesson 13 |
Individual Hot Topic Essay Hot Topic Debate |
60
10
|
||
| Lesson 14 | Open Book Final Exam - Comprehensive |
200
|
||
| COURSE TOTAL | 1000 |
Please refer to the University Grading Policy for Undergraduate Courses for additional information about University grading policies.
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
Please note that course access is limited to those individuals who have direct responsibility for the quality of your educational experience. The course instructor and any teaching assistant(s), of course, have access to the course throughout the semester. Each course offered via the World Campus has several instructional design staff members assigned to assist in managing course content and delivery. These instructional design staff members have access to the course throughout the semester for this purpose. Also, World Campus technical staff may be given access in order to resolve technical support issues. In addition, mentor, department head, or program chair may be provided with course access in order to ensure optimal faculty availability and access. Each of these individuals will keep confidential all student course and academic information.
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, for reasons beyond the student's control, a student is prevented from completing a course within the prescribed time, the grade in that course may be deferred with the concurrence of the instructor. The symbol DF appears on the student's transcript until the course has been completed. Non-emergency permission for filing a deferred grade must be requested by the student before the beginning of the final examination period. In an emergency situation, an instructor can approve a deferred grade after the final exam period has started. Under emergency conditions during which the instructor is unavailable, authorization is required from one of the following: the dean of the college in which the candidate is enrolled; the executive director of the Division of Undergraduate Studies if the student is enrolled in that division or is a provisional student; or the campus chancellor of the student's associated Penn State campus.
For additional information please refer to the Deferring a Grade page.
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.