Details

Students will serve as legal advisors to both owners and employees of a small to midsize privately-held company. They will give advice regarding the various labor law issues that arise as the business undergoes rapid changes in the makeup of its workforce, resulting in owner and employee challenges to the changing working conditions. The students will advise the employer and employees as the business is confronted with a series of events that include: concerted activity (e.g., work slowdowns, sit-ins, leafleting, picketing, communicating with customers, union solicitation, distribution of union authorization cards, the wearing of pro and anti- union buttons and t-shirts, a refusal of job assignments, utilization of company computers for non-work business) that may or may not be protected under the National Labor Relations Act; a demand for union recognition; the filing of a representation petition with the NLRB; an election campaign; a union victory in a disputed election; an employer lockout; and the eventual negotiation of a collective bargaining agreement. Finally, as economic factors require that the owners of the business sell their company, students will examine the law of successorship and how the conduct of both the seller and purchaser, as well as the specific language of the collective bargaining agreement, will determine the rights and obligations of seller, purchaser and employees. Evaluation: No final examination. Students will receive grades based on classroom performance and a paper. The research paper meets the one-draft graduation requirements. Multiple draft papers may be written with the approval of the professor Teaching Method: Seminar discussion Prerequisites: Introductory labor law course is recommended; or in the alternative, practical labor or business experience, or with the approval of the instructor