Case Law

Student 101
MGT302.docx

GT 302 –Assignment #3 Recent Case Law 50 points

In this assignment you are asked to gain further insight into changes in labor law by researching a recent case where the National Labor Relations Board changed how it interprets the law.

Below are some recent monumental changes to the Case Law:

Contract coverage standard for unilateral changes

Perfectly clear successor

Union access to Employer’s property

Mandatory arbitration agreements that limit collective action

Independent contractor misclassification

Withdrawal of recognition – dual card signers

Pretext for discharge in protected concerted activity case

Below are areas the Board has “signaled” that it may be looking to change its position:

Reconsideration of standards for profane outbursts and offensive statements

Duty to bargain over discipline post certification

Charter school jurisdiction

Write a 1-2 page paper (600 to 1000 words) that answers the following questions:

1. Summarize the decision including the previous interpretation of the law and the new interpretation of the law (or the new proposed interpretation). Although you may provide the facts specific to the individual case, the Board’s interpretation is the critical element. Do not forget to list the cite for the case you are discussing, including the case name and case no.

2. Explain why this change is significant.

3. Identify which of the parties benefits from and/or supports the Board’s ruling. What can you infer from the current composition of the Board?

4. How, if at all, does the employee benefit from this new interpretation of the law? If the employee does not benefit, how does it “harm” the employee?

Use at least two sources (in addition to the case itself) Use either APA or MLA format for the references. It is important to provide complete citations so that someone reading your report can obtain your reference material (Note the Purdue OWL Website for information on formatting) or use the Citations tab in the Business research guides from the Michael Schwartz Main Library website: APA Citations

TIPS:

A great place to start is the NLRB’s website under News & Publications -> News. You may also want search google for the exact phrase used above. This should lead you to multiple news articles that will discuss the change to the law (or proposed change). Be mindful of potential bias in sources. Bloomberglaw.com is an excellent source of information. The case number is typically written in the following format: XXX NLRB No. XX (2019)