This Document Supplement accompanies the third edition of Modern Labor Law in the Private and Public Sectors: Cases and Materials (2021).

Modern Labor Law in the Private and Public Sectors is a casebook that presents a truly modern approach to labor law in the United States. Modern Labor Law incorporates two modern trends in labor law: the shift of union density from the private-sector to the public-sector and the growth of organizing outside the NLRA process. During the course of writing, the authors have continued to update the content to reflect the changes in public-sector labor laws in several states and the new debates over policy. Each chapter begins with cases and materials relating to private-sector workers and also includes materials relating to the same issue in the context of public-sector employment. This book incorporates both these modern trends, so that students entering the practice of labor law--on the side of unions, employers, or government agencies--will understand what they are likely to encounter. This book is structured around the life cycles of the organizing and collective bargaining processes. The first part of this casebook provides a history of labor relations in the United States, and the coverage of labor statutes in the private and public sectors. It then moves to organizing and collective worker protests, with one chapter mostly dedicated to modern alternatives to traditional union organizing, and other chapters explaining the traditional labor law protections for worker protests. This part also explores why and how the law of public-sector labor relations developed so much later and, in many ways, so differently, than private-sector law. The bulk of the rest of the book studies the life cycle of unions: collective bargaining; strikes, economic weapons, and impasse resolution in the public sector; contract administration; and secondary activity and related actions. It concludes with three chapters that examine the rights of individual workers within their unions, bargaining relationships in transition (successorship), and preemption.

Barack Obama's famous "Blueprint for Change," part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law's Center on Labor and Employment Law - the 62nd in this venerable and highly influential series - the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: mandatory arbitration of employment disputes in non-union sector; call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; more privatized forms of dispute resolution such as arbitration and mediation; card-check and neutrality agreements bypassing government processes; proposed reform of the Age Discrimination in Employment Act; evaluating market-based defenses to pay equity claims; EEOC initiatives in public enforcement of equality law; and challenges to labor relations in state and local governments.

Unlike Europe, where most public sector workers have long been included in collective bargaining agreements, the United States excluded public employees from such legislation until the 1960s and 70s. Since then, union membership in the U. S. has grown more rapidly among public workers than among workers in the private sector. This book provides up-to-date information on public sector collective bargaining in the United States today. The editors' seek to understand the real nature of PSB by examining eight states where the action is taking place -- California, Hawaii, Illinois, Michigan, New Jersey, New York, Pennsylvania, and Wisconsin. The chapters offer unique case studies of legal origins, developments, and challenges to collective bargaining; negotiations experience and outcomes; discussion of legislation; and emphasis of histoical development as well as current practice.

A Primer on American Labor Law is an accessible guide for non-specialists and labor lawyers - labor and management representatives, students and general practice lawyers, and trade unionists, government officials and academics from other countries. It covers topics such as the National Labor Relations Act, unfair labor practices, the collective bargaining relationship, dispute resolution, the public sector and public-interest labor law. This updated fifth edition contains extensive new materials covering developments that include the repeal or change in public employee labor law and the development of case law relating to wrongful dismissals and pension reform in the public sector; bankruptcy in both the private and public sector; ADA litigation and 2008 amendments of that statute; new cases on all subjects, but particularly Bush and Obama NLRB decisions, sexual harassment, sexual orientation, and retaliation; and the globalization of labor disputes in labor-management relations in the United States, with particular reference to professional sports disputes and the extraterritoriality of American labor law generally.