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Labor Law Issues - Chapter 60 - Advising Minnesota Corporations and Other Business Organizations - 2nd Edition
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Originally from: Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Hardcover Advising Minnesota Corporations and Other Business Organizations - 2nd Edition - Electronic
Preview Page CHAPTER 60
LABOR LAW ISSUES
§ 60.01 History and Introduction to Labor Law
Obviously, given the scope of topics dealt with in this treatise, this is
not meant to be an all encompassing history and update of American
labor law. The main private sector focus here is to discuss relevant and
current considerations in the labor law area for business organizations in
Minnesota. The text is arranged so as to give an overview of the law’s
framework.
§ 60.02 Overview
Labor law is based primarily on federal statutes, but state law has its
important place, too. By far the most significant federal statute was
promulgated by Congress as the Wagner Act, formally known as the
National Labor Relations Act (NLRA or the Act) and the federal statutes
amending it.1 The Act’s mission was to create a level playing field for
employers and employees in terms of bargaining power over issues of
working conditions and wages. Some of the Act’s more important points
are: • Section 7: Which provides guarantees that employees have the
right to organize and bargain collectively through representatives of
their own choosing, or refrain from doing so; and
• Section 8: Which provides, in order to protect this right, that the
employer may not engage in what is termed unfair labor practices.
For example, employers may not restrain, interfere, or coerce
employees who exercise their Section 7 rights; employers may not
dominate unions; employers may not practice employment
discrimination by discouraging union membership, or refuse to
bargain in good faith. These terms are open to interpretation, and,
therefore, courts are frequently called on to interpret these terms in
individual circumstances. The Act is also important because it established its own regulatory
agency to administer the Act: the National Labor Relations Board
(NLRB). The NLRB also conducts representation elections among
employees.
Roger J. Magnuson is a Partner at Dorsey and Whitney, LLP, where he serves as Head of the National Strategic Litigation Group and has practiced since 1973. He has been recognized as one of the top trial lawyers in the United States by major national and international publications, including Chambers International Guide to American Lawyers, which profiles the top 500 trial lawyers in the United States, Best Lawyers in America, Who's Who in American Law, and Who's Who in America. Mr. Magnuson was also recognized by a Journal of Law and Politics' survey for Judge's Choice "Wins Most Cases."
Some high profile cases that he has litigated include representation of the Florida Senate in the Bush v. Gore election controversy in 2000; and representation of the Plaintiffs in the widely publicized and studied Mall of America case. For several years he has represented, among other persons and entities, the Minnesota Twins and Major League Baseball principals and players in litigation; and has litigated national and local cases in federal and state court venues. He has appealed before the Supreme Court in a number of cases; as well as the Minnesota Supreme Court. He has authored several articles and 7 books.
Richard A. Saliterman is a Principal in Saliternan & Siefferman P.C., a full-service firm in Minneapolis established in 1976. Mr. Saliterman is a leading expert on corporate business matters, and is the author of several publications on business start-ups, franchises, and trademarks. Mr. Saliterman is the former National Judge Advocate for the U.S. Navy League, based in Washington D.C.
Contributing Editor:
Amanda Chang
Contributing Authors:
Alecia Anderson
Seth Back
John Baker
Shannon Berg
Constatin Burachek
Benjamin Carpenter
Ryan Check
Carl Christensen
Peter Fear
Michael Frasier
Aaron Hall
Catherine Hanson
Paul Harman
Amy Ithlan
Michael Kern
Chris Kuhlman
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