Labor Law
Elon Law School
Spring 2016
Room 105
Monday & Wednesday, 3:45-5:15 pm
Eric M. Fink
efink@elon.edu
+1 336 279 9334
Office hours by appointment
Description
This course examines labor-management relations in socio-legal perspective, drawing on both traditional legal materials (i.e. statutes, regulations, judicial opinions) and social research (i.e. theoretical perspectives & empirical studies from the social sciences). The aim of the course is to provide students with an overview of significant issues and doctrines in labor law, introduce students to theory and research on labor unions and labor-management relations, and encourage students to consider how insights from social theory and research can inform legal practice.
After taking this course, students should be able to
- Explain the system of labor-management relations under the National Labor Relations Act, including the procedures for establishing union representation, the collective bargaining process & arbitration of contractual disputes, the limits on employer and union conduct, and the procedures for adjudicating unfair labor practices.
- Explain the legal regulation of internal union affairs under the Labor-Management Reporting & Disclosure Act, including the conduct of union elections, the reporting of union finances, and the rights of union members.
- Research the law, analyze issues, and advise clients on matters involving the rights and duties of employers, employees, and labor unions under the NLRA and LMRDA.
Material
Paul Secunda, Jeffrey Hirsch, & Michael Duff, Labor Law: A Problem-Based Approach (2d ed.) (Carolina Academic Press 2017) (“Casebook”)
Other assigned readings are available online via links on the course
website emfink.net/LaborLaw.
Policies
Grading
Your final grade for the course will be based on take-home research and writing problems assigned during the term (75% total) and your contributions to class discussions and simulation exercises (25%). There will be no final exam for this course.
Class Attendance and Preparation
Elon Law School has adopted the following attendance policy for all courses:
The Law School administers a policy that a student maintain regular and punctual class attendance in all courses in which the student is registered, including externships, clinical courses, or simulation courses. Faculty members will give students written notice of their attendance policies before or during the first week of class. These policies may include, but are not limited to: treating late arrivals, early departures, and/or lack of preparation as absences; imposing grade or point reductions for absences, including assigning a failing grade or involuntarily withdrawing a student from the class; and any other policies that a professor deems appropriate to create a rigorous and professional classroom environment.
In case of illness or emergency, students may contact the Office of Student and Professional Life, which will then notify the student’s instructors. A student may notify the faculty member directly of a planned absence and should refer to individual faculty members regarding any policy that may apply. In the case of prolonged illness or incapacity, the student should contact the Office of Student and Professional Life.
Excessive absences (more than 2 classes) may result in a reduction of your grade.
Elon Law School’s standards and ABA guidance for awarding course credit assume at least two hours of out-of-class student work for each hour of classroom instruction.
Disability Accommodations
For disability accommodation requests, contact the Elon Law Registrar’s Office.
Honor Code
The Law School honor code applies to all activities related to your law school study, including conduct during class and examinations.