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"Since the publication of the casebook in the summer of 2006, there have been a significant number of developments that show our labor law in a period of important transition. Prior to being reduced to its two current members, the NLRB decided a number of cases that modify or abandon preexisting doctrines. Appellate courts (federal and state) have...
"Since the publication of the casebook in the summer of 2006, there have been a significant number of developments that show our labor law in a period of important transition. Prior to being reduced to its two current members, the NLRB decided a number of cases that modify or abandon preexisting doctrines. Appellate courts (federal and state) have rendered important (and often quite controversial) decisions dealing with a wide range of NLRA issues. The Supreme Court has decided more labor cases than usual, on such matters as preemption; chargeable union expenses under agency-shop provisions; and (most recently and importantly) in 14 Penn Plaza LLC v. Pyett the union?s power under a labor contract to require that employees take to arbitration, rather than to court, all statutory non-discrimination claims. Even President Obama has moved quickly to re-shape federal labor law by rescinding several executive orders announced by President Bush and issuing his own, in particular requiring notification by federal contractors of employee rights under the NLRA. All of these matters, and more?including any legislation enacted by the end of June?will be addressed in the forthcoming 2009 Supplement to Cox, Bok, Gorman & Finkin?s Labor Law, utilizing the same techniques used in the casebook: carefully edited full-text versions of the opinions, extended excerpts, and thoughtful notes and questions.
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