Introduction | Finding Resources | Primary Sources
Secondary Sources | General Collection of Web Pages

 

INTRODUCTION

Labor Law (also Employment Law or Labor Relations) addresses the legal relationship between employers, employees, and unions. This area of law attempts to equalize bargaining power and strike a balance between employee demands for better working conditions and an employer's desire to keep costs down. Labor laws ensure workers certain rights against their employers, such as the right to unionize, earn minimum wage, and work in a healthy and safe environment. Employment Law is composed of federal law, state law, and case law. Most private employers who do business in interstate commerce are subject to the National Labor Relations Act, a federal law. States generally regulate employers and employees who are not covered by the NLRA. For example, Massachusetts law governs private employers whom the NLRA has declined jurisdiction over and public employers such as the state and its political subdivisions.

To learn more about Labor Law, the following links and general collection of web pages may be helpful:

• An Overview of Labor Law – Cornell University Law School Legal Information Institute
• About Employment Law in Massachusetts by the Massachusetts Trial Court Law Libraries
• About which Employers are subject to MA law opposed to the NLRB

To learn more about finding Labor Relations Cases, the following links may be helpful:

National Labor Relations Board (NLRB) – This federal agency conducts elections, investigates charges, seeks resolutions, decides cases and enforces orders to protect employees from unfair labor practices committed by private employers and unions. 

• National Labor Relations Board Forms
• Manual on how to handle a NLRB case

Massachusetts Department of Labor Relations (DLR) – This department merged the Labor Relations Commission and the Board of Conciliation and Arbitration. The DLR decides disputes involving employers and employees who are not subject to the NLRB.

• Massachusetts Department of Labor Relations Forms
• Massachusetts Department of Labor Relations Procedures 

 

FINDING RESOURCES

Moakley Law Library Catalog
The best search to run in the law library catalog is a keyword search.

Research Databases
The library has many databases available to current law students, faculty, and staff. These databases are especially useful when access to Westlaw/Lexis is limited. They provide a vast wealth of information. Be sure to utilize these resources!

General Information: The Labor and Employment Law Resource Center (BNA) database may be particularly useful for researching current issues in labor law and employment.

Case Law:

• National Labor Relations Board provides their own database of all cases and decisions online. 
• MA Department of Labor Relations currently posts the most recent 2008-2009 decisions online.
• FastCase database may be particularly useful for finding Massachusetts and Federal Court cases involving labor law.
• Social Law Library Database may be valuable for finding the most current decisions from the Joint Labor Management Committee.

Law Review Articles: Relevant databases for finding law review articles on Labor and Employment Law:

• Current Index to Legal Periodicals (CILP)
• Hein Online
• Legal-Trac
• Wilson Index to Legal Periodicals

 

PRIMARY SOURCES

The links below to Massachusetts and Federal statutes and regulations are to free online resources. These resources may not be updated frequently and are not annotated.

FEDERAL

Federal Statutes:

29 U.S.C. §151 – 169. The National Labor Relations Act (NLRA) was enacted by Congress in 1935 under its commerce clause power to regulate private employers and employees who affect interstate commerce. The NLRA was amended in 1947 by the Taft-Hartley Act and again in 1959 by the Landrum Griffen Act.

• 29 U.S.C. §153 The National Labor Relations Board (NLRB) was created under the authority of the NLRA and makes decisions concerning the relationship between employers and employees who are subject to the NLRA.
• 29 U.S.C. §157 Establishes rights of employees including the right to self-organization, join or form a union, bargain collectively, and more.
• 29 U.S.C. §158 Establishes and defines what constitutes unfair labor activities.
• 29 U.S.C. 163 Codifies the employees’ right to strike.
• 29 U.S.C. §185 The Labor Management Relations Act authorizes suits for breach of labor contracts to be brought in a federal district court with jurisdiction over the parties.

If the NLRA is not applicable, employers and employees may have their relationships regulated by other federal or state statutes such as the Federal Service Labor-Management Relations Act (FSLMRA) and the Railway Labor Act.

• 5 U.S.C. §7101-7135 The Federal Service Labor-Management Relations Act establishes rules governing collective bargaining between federal sector employers and employees.
• 45 U.S.C. §151 et seq. The Railway Labor Act exempts railroads, airlines and other common carriers from the NLRA and creates a National Mediation Board.

Federal Regulations:

Title 29 Labor

MASSACHUSETTS

Massachusetts Statutes:

Employers and employees who are not covered by the NLRA or another Federal statute are governed by Massachusetts’ Labor Relations Statutes.

• M.G.L. 150 et seq. addresses the conciliation and arbitration of industrial disputes.
• M.G.L. 150A, also known as the State Labor Relations Law, covers employers who contract with the state to provide state services such as health care facilities, nonprofits and vendors. Massachusetts’ Labor Relations Commission only exercises jurisdiction over private employers who are not covered by the NLRB.
• M.G.L. 150E covers public employers who are defined as the Commonwealth and its political subdivisions (cities, towns) and their employees.

Massachusetts Regulations:

456 C.M.R. 1.00 et seq. Rules and Regulations of the Division of Labor Relations

804 C.M.R. 3 Employment Discrimination

CASE LAW

Recent Cases:

• Weekly Summaries of Decisions by the National Labor Relations Board
• FindLaw archive of other recently decided labor and employment law cases

Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541(2011).
The Supreme Court, in a 5-4 decision, refused to certify a nation-wide class of 1.5 million female employees who sued their employer for discrimination under the Civil Rights Act of 1964. The Court recognized that although some employees may have a valid claim by establishing Wal-Mart’s discretionary policy permitted supervisors to discriminate, given the employer’s size and geographical scope, it is unlikely that all managers acted alike or that all petitioners have sufficiently common claims to join in a class action.

Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3, 458 Mass. 155 (2010).
"Evergreen clauses" that extend the terms of a lapsed contract during negotiations were found invalid under G. L. c. 150E, § 7 (a), which prohibits extending the duration of a CBA beyond three years.

14 Penn Plaza LLC v. Pyett, 129 S.Ct. 1456 (2009).
In a 5-4 decision, the Supreme Court forced union members to arbitrate claims against their employer under the Age Discrimination in Employment Act of 1967 by upholding the legality of an unambiguous provision in the collective-bargaining agreement.

IBM Corp., 341 N.L.R.B. 1288(2004).
The NLRB overruled Epilepsy Foundation and reaffirmed E. I. Dupont & Co. by refusing to extend the “Weingarten right,” which entitles union employees to have a coworker present at a disciplinary interview, to non-unionized employees.

H.S. Care L.L.C., d/b/a Oakwood Care Center and N&W Agency, Inc.,343 N.L.R.B. 659 (2004).
The NLRB overruled M.B. Sturgis and found that temporary employees are not to be included in a unit of permanent employees unless all parties consent.

Landmark Cases:

National Labor Relations Board v. Jones & Laughlin Steel Corp., 301 U.S. 1 (1937).
The Supreme Court upheld the National Labor Relations Act as a proper exercise of Congress’ commerce power and guaranteed employees’ right to self-organization by enforcing an order requiring the employer to reinstate employees who were discharged for union activity and compensate them for their lost pay.

National Labor Relations Board v. J. Weingarten, Inc., 420 U.S. 251(1975).
The employer committed an unfair labor practice under the National Labor Relations Act when it interfered with the employee’s right to engage in activities for “mutual aid or protection” by denying the employee’s request to have a union representative present at an interview, which the employee believed would result in discipline. The Supreme Court recognized that Union employees have a right to request union representation as a condition to participating in an investigatory interview with the employer’s representatives if the employee reasonably believes the investigation may result in disciplinary action.

E.I. Dupont De Nemours and Walter J. Slaughter, 289 N.L.R.B. 627(1988).
In a non-union setting, employees are not entitled to the presence of a fellow employee in an investigatory interview, even if the interview may lead to discipline, and may be discharged for refusing to submit to such an interview.

Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986).
The Supreme Court held that discrimination under the Civil Rights Act of 1964 is not limited to economic discrimination and that unwanted sexual advances, which create a hostile work environment, constitute a form of discrimination. The court also recognized that employers can be liable for sexual harassment practiced by supervisory personnel.

 

SECONDARY SOURCES

GENERAL TREATISES

• Labor Law: A Basic Guide to the National Labor Relations Act / David E. Strecker (2011) KF3369 .S77 2011
• Understanding Labor Law / Douglas E. Ray, Calvin William Sharpe, Robert N. Strassfeld (2011) KF3369 .R39 2011 (on reserve)
• Employment Law / Mark A. Rothstein [et al.] (2010) KF3455 .E4682 2010 (on reserve)
• Restatement of the Law, Third, Employment Law. Tentative draft, No. 3 (April 8, 2010) / American Law Institute (2010) KF3319 .R47 T.D. 2010 (on reserve)
• Labor Law in the Contemporary Workplace / Kenneth G. Dau-Schmidt [et al.] for the Labor Law Group (2009) KF3455 .L234 2009 (on reserve)
• Principles of Employment Law / Peggie R. Smith [et al.] for the Labor Law Group (2009) KF3455 .P75 2009 (on reserve)
• Employment Law in a Nutshell / Robert N. Covington (2009) KF3455 .C68 2009 (on reserve)
• Labor Law in a Nutshell / Douglas L. Leslie (2008 )KF3369.3 .L39 2008(on reserve)
• Employment Law / Samuel Estreicher & Gillian Lester (2008) KF3457 .E88 2008
• Cases and Materials on Labor Law / Archibald Cox [et al.] (2006) KF3318 .C6 2006 (on reserve)
• The Developing Labor Law: The Board, the Courts, and the National Labor Relations Act / editor-in-chief, John E. Higgins, Jr.; editors, Peter A. Janus [et al.] (2006) KF3369 .D48 2006 (V. 1, V. 2, Supplement)
• Basic Text on Labor Law, Unionization, and Collective Bargaining / Robert A. Gorman, Matthew W. Finkin (2004)KF3389 .G67 2004
• A Primer on American Labor Law / William B. Gould, IV (2004) KF3369 .G68 2004

MASSACHUSETTS SOURCES

• Massachusetts Employment Law Sourcebook & Citator / Massachusetts Continuing Legal Education (2011) KFM2734.A29 M37(on reserve)
• Representing Clients Before the MCAD in Employment Cases / Mark W. Batten [et al.] (2010) KFM2734.5.D5 M67 2010 (on reserve)
• Massachusetts Employment Law / Joshua L. Abrams [et al.] (2009) KFM2734 .M37 2009 (V. 1, V. 2) (on reserve)
• Walking the Line in the 21st Century Workplace / Suffolk University Law School, Center for Advanced Legal Studies (2007) KFM2734.Z9 W35 2007 (on reserve)
• Drafting Employment Documents in Massachusetts / John F. Adkins [et al.] (2007) KFM2734.Z9 D734 2007 V. 1, V. 2 (on reserve)
• ADA, G.L. c. 151B, FMLA and Workers' Compensation in Massachusetts / Sally L. Adams [et al.] (2004) KFM2731.Z9 A33 2004 (on reserve)
• How to Start a Business in Massachusetts / Julia K. O'Neill, Mark Warda (2004) KFM2552.Z9 O54 2004

 

GENERAL COLLECTION OF WEB PAGES

Massachusetts State Agencies & Advocacy Organizations

The Boston Bar Association Labor and Employment Law section is devoted to labor management relations and employment discrimination. BBA also provides an Employment Law Guide to provide lawyers with greater understanding of practicing labor law in Massachusetts.

Executive Office of Labor and Workforce Development (EOLWD) works to encourage parties to collective bargaining disputes involving municipalities and their police officers and fire fighters to agree to a procedure to resolve disputes. 

The Massachusetts Bar Association aids MA lawyers by educating and providing information on how to advocate Labor and Employment cases. Their website addresses issues such as wrongful termination, discrimination in hiring, discrimination in the workplace, injury and workers compensation, and how to apply for unemployment insurance.

Massachusetts Employment Law Massachusetts Trial Court Law Libraries discusses MA law and provides information regarding child labor, discrimination, employment leave, employment conditions, collective bargaining, and termination.

National Agencies & Advocacy Organizations

Developments in Labor Law: Examining Trends and Tactics in Labor Organization Campaigns Hearing before the Subcommittee on Employer-Employee Relations of the Committee on Education and the Workforce, U.S. House of Representatives, One Hundred Eighth Congress, 2nd session, April 22, 2004

The Federal Labor Relations Authority (FLRA) is the agency that ensures compliance with the Federal Service Labor-Management Relations Statute by establishing policies and guidance related to federal sector labor relations issues.

• Forms
• Recent FLRA decisions

The Federal Mediation and Conciliation Service (FMCS) assists in developing improved workplace negotiations by helping mediate collective bargaining negotiations.

The National Labor Relations Board is the independent federal agency that administers the National Labor Relations Act and works to safeguard private sector employees’ right to organize by conducting elections to determine if employees want union representation, investigating charges of unfair labor practices, seeking resolutions, deciding cases and enforcing orders.

The National Mediation Board was created by the 1934 amendments to the Railway Labor Act as a way to quickly resolve disputes, facilitate labor relations in both the railroad and airline industries and ultimately minimize strikes.

• Documents and Forms
• Rules

The National Right to Work Legal Defense Foundation is a non-profit organization established to provide free legal representation to employees whose human or civil rights have been violated by abuses of compulsory unionism. 

The Office of Labor-Management Standards (OLMS) of the U.S. Department of Labor is the division that enforces most provisions of the Labor-Management Reporting and Disclosure Act (LMRDA) which is applicable to private sector employees and their labor organizations.

The U.S. Department of Labor (DOL) seeks to promote employee interests, improve working conditions, advance opportunities for profitable employment, and assure occupational benefits.

• Bureau of International Labor Affairs’ mission is to improve working conditions, raise living standards, protect workers’ rights and prevent child exploitation on a global scale.
• Wage and Hour Division (WHD) enforces specific federal laws relating to compensation, such as minimum wage, overtime pay, family and medical leave, and special employment.
• The Occupational Safety and Health Administration (OSHA) was created by Congress to ensure healthy and safe working conditions. OSHA sets and enforces standards in the workplace and provides training, education and assistance to both employers and employees.

The U.S. Equal Employment Opportunity Commission enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of a person’s race, color, religion, sex, nationality, age (40 years of age or older), disability or genetic information. The EEOC had the authority to investigate discrimination allegations, determine whether discrimination actually took place, and file lawsuits when necessary.

Labor and Employment Law Statistics

The Equal Employment Opportunity Commission (EEOC)  posts statistics on employment diversity and enforcement and litigation. 

The National Labor Relations Board compiles statistics on unfair labor practice charges, petitions, elections, decisions, litigation and remedies.

The Occupational Safety and Health Administration (OSHA) provides legal statistics on work place related injuries, fatalities and illness.

The U.S. Department of Labor publishes statistics from agencies on topics related to their mission.

To Learn More

Chief Counsel Memorandum 2010-1 concerning Boston Housing Authority v. National Conference of Firemen and Oilers, Local 3 provides labor representatives and management with relevant case law and answers to the most frequently asked questions regarding the effect of a decision and whether it obligates the parties to bargain.

Cornell University’s Labor Unions and the Internet Cornell University’s Library prepared a web guide of useful web sites for those interested in learning more about labor unions.

House Committee on Education and Labor addresses current issues surrounding education and the workforce.

Labor and Employment Laws of the 50 States, District of Columbia and Puerto Rico provided by Cornell’s Legal Information Institute

Labor and Employment Law Resources provided by the American Bar Association address up-and-coming labor relations issues and provide lawyers with all of the information they need to represent employers, unions, employees and the public in a labor law dispute.

Labor and Employment Relations Association (LERA) is an organization dedicated to building a network for labor relations attorneys where they can share ideas and learn about new developments in the field of employment law. LERA publishes information relating to industrial relations, human resources, union administration, and much more.

Labor and Workforce Development the Commonwealth has provided a list of online resources for attorneys working with labor law disputes in Massachusetts.

Senate Committee on Health, Education, Labor and Pensions

Washlaw is a free service of Washburn University School of Law and is a great way to find other internet resources on employment and labor law.

Working Life is a blog where people can discuss and exchange information about work, the economy, and labor.

If you have a site that you would like to see added to this list,
or notice that a current link is no longer valid,
please email Rick Buckingham, Reference Librarian.
Last updated October 7, 2011

This guide was created by Stephanie Merabet,
Moakley Law Library Research Assistant.