Developing Labor Law 2005 Cumulative Supplement (DEVELOPING LABOR LAW SUPPLEMENT)

2005 update to The Developing Labor Law: The Board, The Courts, and The National Labor Relations Act, Fourth Edition published by BNA Books.

The 2005 Cumulative Supplement covers all developments under the National Labor Relations Act through December 31, 2004. New Board decisions include:

--Oakwood Care Center, where the Board overruled M.B. Sturgis and held in a 3-2 decision that "mixed" bargaining units, combining employees solely employed by a user employer with employees jointly employed by the user employer and a supplier employer (e.g., employees provided by a temporary employment agency), are inappropriate unless there is consent by all parties.
--An analysis of IBM Corp., in which the Board overruled Epilepsy Foundation and held that employees who work in a nonunion workforce do not have a Weingarten right to have a co-worker present at an investigatory interview with their employer, even where the employee reasonably believes that he or she may face discipline as a result of the meeting.
--Brown University, where the Board overruled the 2000 decision in New York University and held in Brown University that graduate assistants are not employees within the meaning of Section 2(3) of the Act.
--Midwest Generation in which the Board held that an employer did not violate the Act by locking out economic strikers who had remained on strike, while allowing nonstrikers and crossover employees who had returned to work during the strike to continue working.