Class 1 outlines

American judicial system and legal sources

Court systems

Federal: district (W, E WA), circuit (9th in SF), supreme

“Supreme Court Justice O’Connor resigns” The Washington Post (1 July 05)
“Chief Justice Rehnquist has died” CNN (4 Sept 05)
“Roberts confirmed as 17th Chief Justice” The Washington Post (30 Sept 05)
“Alito is sworn in as the 110th justice” The Seattle Times (1 Feb 06)
“Split decisions [in the 2005-06 term]” The Wall Street Journal (29 June 06)
Editorial: “A Pacific Northwest federal appeals court” The Seattle Times (2 Oct 06)
“Split decisions [in the 2006-07 term] show conservative tilt” The Wall Street Journal (28 June 07)
“Cases that have divided the Supreme Court in the 2007-08 term” The Wall Street Journal (26 June 08)
“Who would Obama pick for the Supreme Court?” Los Angeles Times (17 Nov 08)

State: superior (King County), appellate, supreme

“New Supreme Court Justice to be sworn into office January 7”
Washington Courts (4 Jan 08)

“Washington Supreme Court elects Chief Justice”
Washington Courts (7 Nov 08)

Law sources
- Federal: constitution, statutes (USC), administrative regulations (CFR), executive orders, attorney general opinions, administrative agency decisions, court decisions (case law)
- State: constitution, statutes (RCW), administrative regulations (WAC), executive orders, attorney general opinions, court decisions (case law)

Hiring

Background

Immigration Reform and Control Act of 1986 (IRCA): 8 USC § 1324a

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

“Tough new immigration law sweeps hundreds into jail”
Seattle Post-Intelligencer (5 Apr 99)

“Hard hats and handcuffs”
Seattle Post-Intelligencer (20 May 99)

“Raid on condo site nets undocumented workers”
The Seattle Times (20 May 99)

Hoffman v. NLRB, 535 U.S. 137 (2002)

Basic Pilot Program Extension and Expansion Act: S 1685 (PL 03)

“Labor woes don’t keep immigrants from landing work”
The Seattle Times (27 July 03)

“They’re getting on the bus for immigrant workers’ rights”
Seattle Post-Intelligencer (20 Sept 03)

Editorial: “Reform immigration”
The Seattle Times (16 Dec 03)

“Welcome to America’s workforce”
The Seattle Times (28 Dec 03)

“Bush proposes some amnesty for illegal immigrants”
Seattle Post-Intelligencer (7 Jan 04)

“Where did we leave things in the 108th Congress?”
Immigration Daily (28 Dec 04)

“Bush immigration plan meets GOP opposition”
The Washington Post (2 Jan 05)

Opinion: “Unions place hope in mass immigration”
Human Events (16 May 06)

“AFL-CIO aligns with day-laborer advocates”
The Washington Post (10 Aug 06)

“America’s immigration dilemma”
The Seattle Times (21 Sept 06)

Unaccompanied Alien Child Protection Act of 2007: S 1639

“Bush’s immigration bill derailed in Senate” Seattle Post-Intelligencer (28 June 07)
“Senate immigration bill fails” The Seattle Times (29 June 07)
“Workers win right to back pay” The Seattle Times (2 Sept 07)
“D.C. watchdog targets Seattle day-labor center” The Seattle Times (21 Sept 07)
“Legal tide turns: State, local immigration laws upheld” The Seattle Times (14 Feb 08)
“Study: Illegal worker crackdown would cost employers $1B” The Seattle Times (24 Apr 08)
Opinion: “Tweaking immigration” Los Angeles Times (8 Aug 08)
Opinion: “Immigrants are part of the solution to nation’s economic woes” The Seattle Times (26 Dec 08)
“Immigration and refugees” The New York Times (current)

Employee Polygraph Protection Act of 1988: 29 USC ch 22
- Lie detector testing sharply restricted: WR VII § 3
- WA: RCW 49.44.120 (L 65 ... 07)
Drug testing (policy), honesty testing; genetic testing [see week 6]

“Personality tests increasingly being used in hiring”
The Seattle Times (3 Aug 03)

“Employment background checks prompt concerns”
Seattle Post-Intelligencer (2 Jan 06)
Employer references
- SB 6699 (1998): would limit WA employer reference liability
  - Gov. Locke vetoed it
- HB 1625 (L 05): passed under Gov. Gregoire [ report]
Union organizers = protected employees
- NLRB v. Town & Country, 516 U.S. 85 (1995)
Union members = protected employees
- Example: Donald Pusey, 327 NLRB 41 (1998)

Hiring hall: Art VI; SQ 1
- Source of skilled workers: Teamsters v. NLRB, 365 U.S. 667 (1961)
- Exclusive v. non-exclusive: HH I
- Minimum qualifications: HH II
- Priority for former employees: HH IV dispatch § 2

Union security

Compulsory unionism

Closed shop illegal: 29 USC § 158(a)(3)
- No dues refund: Carpenters v. NLRB, 365 U.S. 651 (1961)
Union shop: Art V

Agency shop: NLRB v. GM, 373 U.S. 734 (1963)

Fees after CWA v. Beck, 487 U.S. 735 (1988)

“Blocking Beck: union dues and politics 10 years post-decision”
Cato Institute (Spr 98)

Federal contractors: Pres. Bush’s EO 13201 (2001)
- UAW v. Chao (D.C. Cir. 2003)
  - US Supreme Court denies petition (2004)
Worker’s Freedom of Choice Act: HR 3632 (2002)
UFCW v. NLRB (9th Cir. 2002)
- US Supreme Court denies petition (2002)

Need permission in WA? RCW 42.17.760 (L 93, 07)

“Foundation to appeal ruling that forces
teachers to pay for union political activities”
National Right to Work LDF (9 July 03)

“WA Supreme Court heard appeal on forced
political participation and teachers’ rights”
Evergreen Freedom Foundation (28 May 04)

“State Supreme Court ‘turns First Amendment on its head!’”
Evergreen Freedom Foundation (16 Mar 06)

“Supreme Court jumps into dispute
over labor union fees in state”
The Seattle Times (26 Sept 06)

Davenport v. WEA, 551 U.S. ___ (2007)

“Teachers vs. Union - VICTORY!”
Evergreen Freedom Foundation (14 June 07)

“Supreme Court rules against teachers union on dues spending”
Seattle Post-Intelligencer (14 June 07)

Editorial: “WEA ducks and weaves after Supreme Court loss”
The Seattle Times (19 June 07)

Opinion: “Unions try to coerce the unpersuaded”
Seattle Post-Intelligencer (20 June 07)

“Workers’ paychecks need further protection”
The Mackinac Center for Public Policy (6 Aug 07)

Right-to-work laws in 22 states: 29 USC § 164(b)
- Retail Clerks v. Schermerhorn, 375 U.S. 96 (1963)
- Idaho by referendum in 1986
- Oklahoma by referendum in 2001
- Michigan?
  
  “Should Michigan become a right-to-work state?”
  The Mackinac Center for Public Policy (7 Mar 01)
- National Right to Work Committee
- National Right to Work Legal Defense Foundation
National Right-to-Work Act?
- HR 792/S 424 (1999); HR 1109/S 873 (2001); HR 391/S 1765 (2003); HR 500/S 370 (2005); HR 697/S 1301 (2007)

Prehire agreements

“Top down” organizing
Unique to construction: 29 USC § 158(f)
Voidable until Deklewa, 282 NLRB 1375 (1987): now enforceable for its duration
- At expiration, no continuing presumption of union’s majority status: SQ 2
Area agreements
Union security provisions: SQ 3
Elections
- Representation
- Deauthorization
- Decertification
Interest arbitration governing contract renewal

Discharge and discipline

Employee rights: 29 USC § 157
- Self-organize
- Form, join, assist unions
- Bargain collectively
- Concerted activity
- Refrain from above
- WA: RCW 49.36.010 (L 19)
Discharge factors
- Legitimate business reason
- Company rules’ violation
- Inability to perform work
- Off-duty conduct, e.g., substance abuse?
  - WA SHB 1154 (2007): not consumption of lawful tobacco products [ report]
  - OR SB 465 (2007): not accommodate medical marijuana use
    
    “Off-job pot use up for debate”
    The Seattle Times (6 Jan 08)
Worker Adjustment and Retraining Notification Act of 1988 (WARN): 29 USC ch 23
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA): 38 USC ch 43
Wrongful discharge

Supervision

“Supervisor” defined: 29 USC § 152(11)

NLRB v. KRCC, 532 U.S. 706 (2001)

Oakwood Healthcare, 348 NLRB 37 (2006)

“NLRB issues lead case addressing supervisory status”
NLRB (3 Oct 06)

“NLRB issues 3-2 landmark ruling on supervisory status”
BNA (4 Oct 06)

“Union leaders assail labor ruling”
The Seattle Times (4 Oct 06)

RESPECT Act: HR 1644/S 969 (2007); opposition
Shaw, Inc., 350 NLRB 37 (2007)

Contractor’s rights
- Sources and ratios: Art XIV
Limited rewards?
Adequate training?
Conflicting loyalties: casual employment
Union relationships: 29 USC § 164(a)
- Union discipline
  - ABC v. Writers, 437 U.S. 411 (1978)
  - NLRB v. IBEW, 481 U.S. 573 (1987)

“New Supreme Court Justice to be sworn into office January 7” Washington Courts (4 Jan 08)
“Washington Supreme Court elects Chief Justice” Washington Courts (7 Nov 08)