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Organizing and the Law, 4th ed.

Organizing and the Law contains a wealth of material that should prove helpful to the universe of labor relations practitioners. This fourth edition builds on previous editions and focuses on labor relations in the 1990's, for example, union organizing efforts in the service sector and the expanding case law governing the National Labor Relations Board's (NLRB) jurisdiction over nonprofit institutions and religious-operated facilities. Steven I. Schlossberg and Judith A. Scott have geared their book toward union organizers. Their endeavor has also provided a treatise in the field of labor-management relations. Labor relations practitioners will find this book helpful in problem solving, as well as a time-saving expedient.

The book is structured to guide a union organizer through an organizing campaign and a National Labor Relations Board election. While the book is presented as a primer for organizers, it packs grist for anyone working in the field.

In their introductory chapter, Schlossberg and Scott quote selected passages from the Taft-Hartley Act and the Landrum-Griffin Act, with side-by-side paraphrasing. The Employee Retirement Income Security Act is discussed briefly. The authors state that the book is not intended to cover legislation dealing with public employees. Article XX of the Constitution of the American Federation of Labor and Congress of Industrial Organizations, dealing with the settlement of jurisdictional disputes, is also included in the overview.

The second chapter provides ground rules for union organizers. Organizing is an area where labor organizations continue to experience great difficulty. The book contains a detailed discussion of the law governing distribution and solicitation by outside organizers and employees, with an analysis of the NLRB case, Jean Country (1988), and citations to support the discussion. (Subsequent to publication of this fourth edition, the U.S. Supreme Court issued its decision in Lechmere, Inc. v. NLRB, which rules in this area of the law.)

The chapter on employer and union unfair labor practices contains an interesting discussion on undocumented workers and special NLRB remedies. The authors include a summary of NLRB unfair labor practice procedures. A discussion on organizational and recognitional picketing appears in the section on union unfair labor practices. Also included is a chapter on the role of employer consultants as well as a brief section on the international spillover to U.S. labor disputes.

One chapter devoted to organizing women workers considers special problems encountered by women in the workplace and methods of providing assistance from a labor organizer's viewpoint. Key legal areas that may be helpful to women in the workplace are also discussed, for example, the Occupational Safety and Health Act, the Equal Pay Act, and Title vii of the Civil Rights Act. This chapter discusses the strategy involved in utilizing the Equal Employment Opportunity Commission as well as the NLRB and also utilizes NLRB cases to present detailed examples of workplace conflict.

A large portion of this book presents procedures involved in NLRB conducted elections, including: recognition without election, NRLB representation case procedure, bargaining units, and the conduct of elections. This book is worthwhile reading for anyone professionally involved in an NLRB election. The chapter on recognition without an election discusses both voluntary recognition and NLRB ordered recognition as a result of employer misconduct. The chapters on representation case procedure, election procedure, and bargaining units are guidebooks by themselves. The chapter on bargaining units is particularly valuable, with a detailed discussion on the entire range of bargaining units and exclusions, including accretions and selfdetermination elections. The book also includes a detailed chapter on organizing in the health care industry and situations involving competition among unions for bargaining units, with details on the election-bar and certification-bar doctrines.

Schlossberg and Scott have also provided valuable appendices, which include the text of the Labor-Management Relations Act, copies of selected forms utilized by the NLRB and the Department of Labor, and a detailed directory of NLRB offices.

--Barton S. Widom

Rockville, MD
COPYRIGHT 1992 U.S. Bureau of Labor Statistics
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1992 Gale, Cengage Learning. All rights reserved.

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Author:Widom, Barton S.
Publication:Monthly Labor Review
Article Type:Book Review
Date:Jul 1, 1992
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