Personnel law / Kenneth L. Sovereign.

Includes bibliographical references and index.

Table of Contents

PREFACE xvii
1 INFLUENCE OF THE LAW ON THE PERSONNEL 1 (13)
FUNCTION
Evolution of the Personnel Function 1 (1)
Merging of the Law into the Personnel 2 (1)
Function
Effect of the Merger 2 (1)
Elimination of Pseudo Practices 2 (1)
Management Resistance 3 (1)
Federal Laws Most Frequently Encountered in 3 (1)
Personnel
Education of Workers as to their Rights 3 (2)
Worker Education Programs 4 (1)
Legal Advertising 4 (1)
Relationship of Personnel Problems to Legal 5 (2)
Problems
Problems Encountered in Personnel 5 (1)
Administration
Exposure to a Lawsuit 5 (1)
Living Economically with the Law 6 (1)
Changing Personnel Practices 6 (1)
Establishment of Written Policies 7 (3)
How Much or How Little Policy? 7 (1)
Drafting a Policy Manual or Handbook 8 (1)
Drafting Policy Manuals or Handbooks 8 (1)
Recommendations for Drafting Policies 9 (1)
Revision of Present Policies 10 (1)
Essential Procedures to Avoid Exposure to 10 (1)
Lawsuits
Is Diversity a Can of Worms? 11 (3)
Consumer Consideration 12 (2)
2 EXPLANATION OF THE COURT STRUCTURE 14 (13)
Structure of the Federal Courts 14 (1)
Structure of the Supreme Court 15 (1)
Explanation of Legal Documents 16 (2)
Increase in Litigation 18 (3)
When to Use Legal Counsel 18 (2)
A Litigation-Happy Society 20 (1)
Growth of the Legal Profession 20 (1)
Economic Use of Legal Counsel 20 (1)
Attorney Fees-Reasonable or Unreasonable 21 (1)
Contingent Fees 22 (1)
Referral Fees 22 (1)
Nonrefundable Retainers 22 (1)
Use of Legal Counsel 22 (3)
Distinction between Personnel and Legal 23 (1)
Function
Relationship of Legal Counsel to Employees 23 (1)
Use of In-House Counsel 24 (1)
Obtaining Legal Opinions 24 (1)
Oral versus Written Opinions 25 (1)
Making a Risk Analysis 25 (2)
Cost Compared to Importance of Issue 26 (1)
3 ALTERNATIVE DISPUTE RESOLUTION? (ADR) 27 (6)
What is Alternative Dispute Resolution? 27 (2)
Why ADR? 28 (1)
Types of ADR 28 (1)
Selection of the Process 28 (1)
Effectiveness of ADR 29 (1)
A Successful ADR 29 (1)
Definition of Mediation 29 (1)
Mediation Training 29 (1)
Role-Playing 29 (1)
The Impasse 30 (1)
Unsuccessful ADR 30 (1)
There Is Not a Settlement 30 (1)
Settlement Documents 30 (1)
Contents of a Definitive Document 31 (1)
Federal Courts Enforce ADR 31 (2)
Ethics in ADR 31 (2)
4 DISCRIMINATION UNDER CIVIL RIGHTS ACT OF 33 (13)
1866 AND TITLE VII
The Law of Discrimination 34 (1)
Application and Coverage of Civil Rights 34 (1)
Act of 1866 and Its Amendments
Personal Liability 34 (1)
Differences from Other Antidiscrimination 35 (1)
Laws
Discrimination under Title VII 35 (8)
Definition of Discrimination 37 (1)
Prime Facie Evidence 38 (1)
Distinction between Equal Employment and 38 (1)
Equal Opportunity
Protection from Retaliation 39 (1)
Retaliation Defense 40 (1)
Role of Trade Unions under Title VII 40 (1)
Business Necessity as a Reason for 41 (1)
Discrimination
A Nondiscriminatory Reason for an 42 (1)
Employment Decision
Out-of-Court Settlements 43 (3)
Factors to Be Reviewed 43 (1)
Alternative Dispute Resolution 44 (1)
Considerations for Out-of-Court 44 (1)
Settlements
The Settlement Agreement 44 (2)
5 SELECTING QUALIFIED APPLICANTS 46 (21)
The Civil Rights Act of 1991 (CRA91) 46 (1)
Preemployment Procedures 47 (4)
Recruitment 47 (1)
Relying on One Method 47 (1)
Word of Mouth Recruiting 48 (1)
Preemployment Inquiries on Application 48 (3)
Forms
Selection Process 51 (11)
The Use of the Weighted Application Blank 51 (2)
WAB as a Defense to Questions Asked 53 (2)
Preemployment Testing 55 (1)
Restrictions on Testing 55 (3)
Validation of Tests 58 (1)
Determination of Disparate Impact 58 (1)
Threshold
Types of Test Validation 58 (1)
Preemployment Physicals 59 (1)
Establishing Criteria for Selection 60 (1)
Use of Job Descriptions and Job Analysis 60 (1)
Obsolete Job Descriptions 61 (1)
Litigation and Job Descriptions 61 (1)
Use of Applicant Pool to Eliminate Crisis 62 (1)
Hiring
National Origin Discrimination 62 (1)
Dress and Grooming Codes 63 (1)
Immigration Reform and Control Act of 1986 63 (2)
(IRCA)
Verification of Employability 64 (1)
Penalties 64 (1)
Discrimination Provisions 64 (1)
The Selection Audit 65 (2)
Recruiting Practices 65 (1)
Application Review 66 (1)
Interviewing 66 (1)
6 ACCOMMODATION FOR RELIGION AND PHYSICAL 67 (22)
HANDICAPS
What is a Disabled Person? 67 (1)
Accommodation for Physical Handicaps 68 (1)
What is a Disability Under ADA 69 (5)
Rehabilitation Act of 1973 and ADA 70 (1)
Rehabilitation Act of 1973 71 (1)
Definition of a Handicapped Person 71 (1)
Judicial Definition of a Handicapped 72 (1)
Person
Accommodation for Handicapped Persons 72 (1)
BFOQ as Applied to Accommodation 73 (1)
Bona Fide Effort to Accommodate 73 (1)
Accommodations under Rehabilitation Act 73 (1)
Relating to AIDS
Accommodation for Religious Beliefs 74 (2)
The Concept of Accommodation 74 (1)
Duty to Make Reasonable Effort to 75 (1)
Accommodate
Alternative Accommodations 75 (1)
Accommodation for Union Dues 75 (1)
Habitual (or Controllable) Handicaps 76 (2)
Smoking Problems in the Workplace 76 (1)
Legal Rights of Smokers and Nonsmokers 76 (1)
Recommendations for a Smoking Policy 77 (1)
Drug and Alcohol Problems 78 (6)
Need for a Drug-Testing Policy 80 (1)
Essential Elements of a Policy 80 (1)
Surveillance for Presence of Drugs 80 (1)
Testing Procedure for Drug Abuse 81 (1)
Regulation of Off-Duty Drug Abuse Activity 81 (1)
Correction of Drug Abuse by Employer 82 (1)
Policy on Alcohol Abuse 82 (1)
Surveillance for Alcohol Abuse 82 (1)
Preemployment Procedures in Substance 83 (1)
Abuse
Policy Needed to Avoid Lawsuits 83 (1)
Employer Third Party Liability for 83 (1)
Inebriated Employees
Dealing with AIDS in the Workplace 84 (5)
Basic Understanding of the Disease 84 (1)
Transmission of the Disease 85 (1)
Statutory Protection of AIDS 85 (1)
Tests for AIDS 86 (1)
Problems with Co-workers of AIDS Victims 86 (1)
Arbitrators Position of Disabled Employees 87 (1)
Recommendations for Dealing with AIDS 87 (1)
Policy on Life-Threatening Disease 88 (1)
7 WORKING CONDITIONS BASED ON SEX 89 (23)
Historical Dominance of the Male in the 89 (1)
Workplace
Title VII Restrictions on Sex Discrimination 90 (3)
Grooming and Dress Code as Preferential 91 (1)
Treatment
BFOQ as a Defense in Sex Discrimination 921 (1)
Discrimination because of Marriage 92
Sex Discrimination in Work Assignments 94
Harassment-Definition and Control 93 (10)
Sexual Harassment in the Workplace 93 (1)
Legal Basis of Sexual Harassment 94 (1)
Reverse Sexual Harassment 95 (1)
Third Party Actions 95 (1)
Effect of CRA91 on Sexual Harassment 95 (1)
The Meritor Case 96 (1)
Unwelcomed Harassment 97 (1)
Job Opportunities or Hostile Environment 97 (1)
Hostile Environment-A Definition 98 (1)
Knowledge Imputed to Employer-State of 99 (1)
the Law
Control of Harassment 99 (1)
Investigation of a Complaint 100 (1)
Need for Immediate Investigation 100 (1)
Steps in an Investigation 100 (1)
Necessary Ingredients for Policy 100 (1)
Reporting Procedure for Policy Violation 101 (1)
Training to Prevent Liability 101 (2)
When Off-Duty Conduct Comes Into the Office 103 (1)
Control of Social Relationships 103 (1)
Discipline for Off-Duty Conduct 104 (1)
An Overview of the Equal Pay Act 104 (6)
Definition of Equal Work 105 (1)
Measurement of Equal Skills 106 (1)
Job Responsibility to Justify a 106 (1)
Differential
Misuse of Term "Merit Pay" 107 (1)
Necessary Elements for a Bona Fide Merit 107 (1)
Plan
Factors Other Than Sex to Justify a 108 (1)
Differential
EEOC Regulations Interpreting Equal Pay 108 (1)
Act
Failure of EPA to Correct Differentials 109 (1)
between Sexes
Audit of EPA Compliance 110 (1)
Comparable Pay for Comparable Worth 110 (2)
Legal Death of Comparable Worth Theory 111 (1)
8 PROTECTION AGAINST AGE DISCRIMINATION IN 112 (11)
EMPLOYMENT
An Overview of ADEA 113 (1)
Exemptions under ADEA 113 (1)
Problems in Defending Employment Decisions 113 (1)
Age as a Factor in Making a Decision 114 (2)
Early Retirement Programs 116 (1)
ERISA Does Not Prohibit Use of Early 116 (4)
Retirement Pension Waivers
Waiver Requirements under OWBPA 116 (1)
Elements of an Early Retirement Option 117 (1)
Reduction in Force (RIF) 118 (1)
Selection of Employees for RIF 119 (1)
Severance Pay as an Exposure 119 (1)
Punitive Damages under ADEA 120 (1)
Avoiding Litigation 120 (3)
Procedures to Avoid Litigation 120 (1)
Retirement Counseling 121 (2)
9 AFFIRMATIVE ACTION AND PERFORMANCE 123 (14)
APPRAISALS
Scope and Purpose of Affirmative Action 123 (3)
The Difference Between Affirmative Action 124 (1)
and Diversity
The Value of an Affirmative Action Plan 124 (1)
Basic Elements of an Affirmative Action 125 (1)
Plan
Implementation of the Plan 125 (1)
Reverse Discrimination and Affirmative 126 (4)
Action
Affirmative Action in Selection 126 (1)
Affirmative Action when Reducing Work 126 (1)
Force
Affirmative Action in Promotion 127 (1)
Recommendations for an Acceptable Plan 128 (2)
Employer Posture in a Compliance Review 130 (1)
Seniority and Antidiscrimination Laws 130 (1)
Seniority System That Perpetuates 130 (1)
Discrimination
Seniority as a Defense 131 (1)
Exposure of Performance Appraisal Plans 131 (6)
Reasons for Failure of Appraisal Systems 132 (1)
Judicial Review of Performance Appraisals 132 (1)
Need to Change Performance Appraisals 133 (1)
Recommendations for Validating Appraisal 134 (1)
Plans
Removing Subjectivity from Appraisal 134 (1)
Results
Suggestions for a Judicially Acceptable 134 (3)
Appraisal Plan
10 REGULATION OF BENEFIT PLANS AND EFFECTIVE 137 (19)
USE OF EMPLOYEE AGREEMENTS
Family and Medical Leave Act of 1993 138 (1)
Worker Adjustment and Retraining 139 (1)
Notification Act (WARN)
Reduction of the Notification Period 139 (1)
Regulation of Pregnancy Disability Benefits 139 (2)
State Laws Concerning Pregnancy Disability 140 (1)
Difference between Pregnancy and Other 140 (1)
Illnesses
Case Law on Pregnancy Disability 141 (1)
Reemployment Rights after Military Service 141 (2)
Probationary Period for Returning Veteran 142 (1)
Employment and Reemployment Rights 142 (1)
General Pay Increase While in the Service 142 (1)
Accommodation for Reserve Duty 143 (1)
Effect of Statutes on Unpaid Leave of 143 (1)
Absence Policy
Restrictions on Vacation Policy 144 (1)
Granting Vacation Pay in Lieu of Time Off 144 (1)
Enforcement of Vacation Pay as Wages 144 (1)
Effect of "Use It or Lose It" Policy 145 (1)
Regulation of Health Care Benefits and 145 (6)
Pensions
Sex Differences in Benefits 145 (1)
Older Workers Benefit Protection Act 146 (1)
(OWBPA) of 1990
Requirement of Alternative Health Care 146 (1)
Plan (HMO)
Consolidated Omnibus Budget 147 (1)
Reconciliation Act (COBRA)
Gross Misconduct 148 (1)
Health Care Insurance for Retirees 148 (1)
Employee Retirement Income Security Act 149 (1)
Purpose of ERISA 149 (1)
Problem Areas under ERISA 149 (1)
ERISA and Employee Rights 150 (1)
Preemption over State Laws 150 (1)
Effective Use of Employment Agreements 151 (5)
Need for Employment Agreements 151 (1)
Use of Employment Agreements 151 (1)
Provisions in a Typical Employment 151 (1)
Agreement
Confidentiality and Convenants Not to 152 (1)
Compete
Conflict-of-Interest Clauses 152 (1)
Enforcement of Employment Agreements 153 (1)
Arbitration of Employment Agreements 153 (1)
Alternative Dispute Resolution 153 (1)
Use of Agreements with Employment Agencies 154 (1)
Guidelines in Drafting an Employment 155 (1)
Agency Agreement
11 THE AT-WILL DOCTRINE 156 (15)
Definition and History of 156 (3)
Employment-at-Will Doctrine
Harshness of the Rule 157 (1)
Property Right in a Job 157 (1)
Judicial Application of At-Will Doctrine 158 (1)
Statutes that Void At-Will Doctrine 159 (2)
Major Federal Statutes That Limit 159 (1)
Employment-at-Will Doctrine
Retaliation in an Antidiscrimination 159 (1)
Statute
Retaliation 160 (1)
Mixed Reasons for Discharge 160 (1)
Mixed Discharge 160 (1)
State Whistle-Blower Statutes 160 (1)
State Statutes That Require Just Cause 161 (1)
Public Policy Exception to At-Will Doctrine 161 (2)
Exercise of Employee Right Under a Statute 162 (1)
Refusal to Disobey a Law 163 (1)
Discharge for Whistle-Blowing 163 (1)
Malice and Bad Faith 163 (1)
The Employment Relationship as a Contract 163 (1)
Implied Contract That Modifies At-Will 164 (3)
Doctrine
Implied Contract 164 (1)
Quoting an Annual Salary 164 (1)
Hiring Strike Replacements 165 (1)
Handbooks and Policy Manuals 165 (1)
Changing the Implied Contract 166 (1)
Use of Term Probationary Period in a 166 (1)
Handbook
Risk in Use of a Probationary Period 166 (1)
Constructive Discharge 167 (4)
Definition of Intolerable Conditions 167 (1)
Constructive Discharge under the NLRA 167 (1)
Intolerable Working Conditions as 168 (1)
Determined by Courts
What Are Intolerable Conditions? 168 (1)
Demotion or Transfer 169 (1)
Discrimination 169 (1)
Alternative of Resigning or Discharge 169 (1)
Prevention of Constructive Discharge 170 (1)
Claims
12 PREVENT WRONGFUL DISCHARGE LITIGATION 171 (15)
Preventing Wrongful Discharge Exposure 172 (3)
The At-Will Clause 172 (1)
Audit of the Interviewing Process 173 (1)
The Job Offer Letter 173 (1)
Effectiveness of a Complaint Procedure 173 (1)
Audit of Performance Appraisals 174 (1)
Audit of Just-Cause Policy 174 (1)
Writing a Handbook or a Policy Manual 175 (5)
Need for a Handbook 176 (1)
Problem Areas in a Handbook 176 (1)
Contents of a Well-Written Handbook 177 (1)
Disclaimer Clauses in a Handbook 178 (1)
Audit of a Handbook 179 (1)
Language of the Handbook 180 (1)
The Discharge Process 180 (4)
Exposure to Lawsuits Is Expensive 181 (1)
Proper Discharge Procedure 181 (1)
Causes of Provocation 181 (1)
How to Prevent Provocation 182 (1)
Timing and Place of Discharge 182 (1)
Why on Friday? 182 (1)
Final Steps in Discharging 183 (1)
A Second Fresh Look 183 (1)
The Exit Interview 183 (1)
Employment Agreements at Time of Hiring 184 (1)
The Use of Waivers or Releases 184 (2)
Purpose of Discharge Procedure 185 (1)
Checklist to Prevent Exposure to Wrongful 185 (1)
Discharge Litigation
13 BALANCING EMPLOYEE PRIVACY RIGHTS AND 186 (24)
EMPLOYER'S RIGHT TO KNOW
Use of Personnel Records and Requirements 186 (4)
to Retain
Definition and Purpose of Personnel 186 (1)
Records
Statutory Requirements to Retain Certain 187 (1)
Records
Record Retention as a Personnel Policy 188 (1)
Statutory Requirements of Disclosure 188 (1)
Disclosure Rights of Public Employees 189 (1)
Overview of Privacy Rights in 190 (2)
Employer-Employee Relationship
Technology and Training 190 (1)
Technology and Privacy 191 (1)
Employer Invasion of Privacy 192 (1)
Rights in Public Sector 192 (1)
Use of Polygraph Tests 192 (3)
Employee Polygraph Protection Act 193 (1)
Recommended Policies for Polygraph Testing 194 (1)
Employer Right of Search and Seizure 195 (2)
Fourth Amendment Protection in the Public 195 (1)
Sector
Limitation of Searches by Labor Agreement 195 (1)
Recommended Procedures for Searches 196 (1)
Common Law on Disclosure of Employee 197 (5)
Information
Right of Employee to Review Own Records 198 (1)
Exposure to Liability in Reference 199 (1)
Requests
Defamation Defined 199 (1)
Protection by the Qualified Privilege 199 (1)
Doctrine
Requirements of the Privilege Doctrine 200 (1)
When the Privilege Is Lost 201 (1)
Refusal to Disclose Reference Information 201 (1)
The Legal Paradox 201 (1)
Reliability of References 201 (1)
Negligent Hiring and Retention 202 (2)
Liability for Negligent Hiring 202 (1)
Negligent Retention 202 (1)
Throughness of the Investigation 203 (1)
Hiring a Person with a Known Criminal 203 (1)
Record
Case Law on Negligent Hiring 204 (1)
Negligent Training 204 (1)
Exposure for Defamation 204 (4)
Defamation "Per Se" 205 (1)
Disclosing Information to Co-workers Who 205 (1)
Have a Need to Know
Statements That Impute Crime 206 (1)
Giving False Reasons for Discharge 206 (1)
Without Malice 206 (1)
Guidelines to Prevent Exposure for 207 (1)
Defamation
Recommendations That Consider Employee's 208 (2)
Privacy and Employer's Need to Know
14 THE FAIR LABOR STANDARDS ACT AND 210 (18)
INDEPENDENT CONTRACTORS
Coverage and Penalties 211 (1)
Penalties for Violation 212 (1)
Definition of Compensable Time 212 (6)
Sleep Time 213 (1)
Meal Periods 213 (1)
Voluntary Work 214 (1)
Coming to Work Early 215 (1)
Coffee Time 216 (1)
Travel Time 216 (1)
Training and Overtime 216 (1)
Change Time 217 (1)
Employees Working at Home 218 (1)
Travel Time 218 (1)
Record Keeping 218 (1)
Exempt and Nonexempt Classifications 218 (3)
The Salary Test 210 (9)
Outside Salespersons 219 (1)
Other Considerations in Determining 219 (1)
Exemption
Conclusions from Case Law as to Exemptions 220 (1)
Recommendations for Exempt Classification 220 (1)
Job Descriptions 220 (1)
Party Subjective Nature of Determination 220 (1)
Controlling Overtime Costs 221 (2)
Compensatory Time Off 221 (1)
The Belo Contract 222 (1)
Compliance and Overtime Control 223 (1)
Definition of Independent Contractor 223 (5)
Advantages to the Employer 223 (1)
Advantages to the Worker 223 (1)
Risk in the Independent Contractor 224 (1)
Relationship
Guidelines to Establish Independent 224 (2)
Contractor Relationship
Examples of Employer-Employee 226 (1)
Relationships
Essential Elements of an Independent 226 (1)
Contractor Relationship
Use of Contracts to Establish an 226 (2)
Independent Contractor Relationship
15 SAFETY LAW 228 (10)
Purpose of the Law 228 (1)
Appeal Procedure 229 (1)
Safety as a Personnel Function 249 (1)
Management's Stake in the Safety Programs 249 (4)
The Occupational Safety and Health Act 233 (1)
(OSHA)
Compliance with OSHA 233 (1)
Intent of OSHA 233 (1)
The General Duty Clause 234 (2)
Passing an OSHA Inspection 234 (1)
An Ergonomics Program 235 (1)
Discipline for Safety Violations 235 (1)
Refusal to Work under Unsafe Conditions 236 (2)
Rights under LRMA 236 (1)
Rights under OSHA 236 (1)
Safety is a Joint Effort 237 (1)
16 CONTROL OF WORKERS' COMPENSATION COSTS 238 (18)
History of Workers' Compensation in the 239 (1)
United States
Basic Concepts of Workers Compensation 239 (1)
State Laws
Living with the System 240 (2)
Treatment of Seriously Injured 240 (1)
Relationship with Doctor 241 (1)
Relationship with Insurance Carrier 241 (1)
Definition of Work-Related Injuries 242 (3)
Mental Condition 242 (1)
Accidential Injury 243 (1)
Injury Must Arise Out of Employment 243 (1)
Definition of Course of Employment 244 (1)
The Work Site Makes a Difference 244 (1)
Outside Scope of Employment 244 (1)
Retaliation Under Workers' Compensation 244 (1)
Laws
Employee Back Problems 245 (8)
Discharging Employees with an Injury 245 (2)
A Latent Back Condition 247 (1)
Identification of the Pretext Physical 247 (2)
Condition
Company Mistakes in Dealing with Mary 249 (3)
Hogan
Return-to-Work Procedures 252 (1)
Recommendations for Control of Costs 253 (3)
The Delayed Recovery Syndrome 253 (1)
Stopping Malingering 253 (1)
Other Steps to Reduce Costs 254 (1)
Employers are Becoming Concerned 255 (1)
17 HOW TO REDUCE UNEMPLOYMENT COMPENSATION 256 (13)
COSTS
Historical Basis for Unemployment 256 (3)
Compensation
Taxation by Federal Government 257 (1)
Excluded Workers 257 (1)
Financing Benefits 257 (2)
Constitutional Restrictions 259 (1)
Provisions of State Laws 259 (5)
Variation of Benefit Levels 260 (1)
Disqualifications for Benefits 260 (1)
Reporting Termination Information 260 (1)
Qualification of Income 261 (1)
Voluntary Quit without Good Cause 261 (1)
Disqualification for Misconduct 261 (2)
Misconduct Schemes 263 (1)
Drug Testing 264 (1)
The Use of Appeal Proceedings 264 (2)
No Waiver or Agreement 264 (1)
Preparations for an Appeal 264 (1)
Use of Attorneys in the Appeal Process 265 (1)
Reasons for Unsuccessful Appeals 266 (1)
Policies and Practices to Reduce Costs 266 (3)
The Audit of Charges 267 (1)
Claim Control Programs 267 (2)
18 NONUNION EMPLOYEES UNDER THE NATIONAL 269 (17)
LABOR RELATIONS ACT
Distinction between Rights of Nonunion and 270 (1)
Union Employees
Differences in Wages and Employment 270 (1)
Practices
Function of the National Labor Relations 270 (1)
Board
Procedure for Unfair Labor Practice Charge 271 (1)
Definition of Concerted Activity 271 (3)
Examples of Group Activity 272 (1)
Activity by Individual Employee 272 (1)
Recommendations for Dealing with 273 (1)
Concerted Activity
Recommendations When Employees Go On 273 (1)
Strike
Recommendations When Activity Is by an 273 (1)
Individual
Use of Employee Committees 274 (3)
Restrictions under NLRA 274 (1)
NLRB Determination of Committee Status 275 (1)
Objectives of Employee Committees 275 (1)
Guidelines for Forming a Committee 275 (2)
Pitfalls of Employee Committees 277 (1)
An Effective Complaint Procedure 277 (2)
Need for a Complaint Outlet 277 (1)
Elements of Effective Complaint Procedure 277 (1)
Need for Impartial Final Step 278 (1)
Selection of a Bargaining Representative 279 (7)
Right to Select Bargaining Representative 279 (2)
Steps in Selection of Bargaining 281 (1)
Representative
Request to Bargain without an Election 281 (1)
Preelection Conduct 282 (2)
Supervisor Conduct in Support of Union 284 (1)
Activity
Reason for Seeking Representation 285 (1)
19 BARGAINING UNDER THE NATIONAL LABOR 286 (15)
RELATIONS ACT
Differences between Union and Nonunion 286 (1)
Employers
Employer Duty to Bargain 287 (3)
Bad Faith Bargaining 287 (1)
Regulation of the Bargaining Process 288 (1)
Questionable Mandatory Bargaining Topics 289 (1)
Enforcement of a Collective Bargaining 290 (3)
Agreement
Changing a Past Practice 291 (1)
Duty of Union to Represent Employees 291 (1)
Employee Rights under the Weingarten 292 (1)
Doctrine
Restraints on the Right to Strike 293 (2)
Use of Strike Replacements 293 (1)
Belknap v. Hale 293 (1)
Restrictions on Strikers' Conduct 294 (1)
Enforcement of a No-Strike Clause 295 (1)
Enforcement of Labor Agreement 295 (1)
Use of Arbitration in Dispute Resolution 295 (4)
The Collyer Doctrine of Referral to 296 (1)
Arbitration
Determination of Arbitrability of a 296 (1)
Dispute
Enforcement of Arbitration Awards 296 (1)
Overturning of Awards by Courts 297 (1)
Discharge Arbitration 298 (1)
Problem-Solving Bargaining 299 (1)
Alternative Dispute Resolution 299 (2)
There Is Not a Settlement 300 (1)
20 MANAGEMENT MALPRACTICE 301 (14)
Use of the Term Malpractice 301 (1)
Malpractice in the Professions 301 (1)
Malpractice in Business Relationships 302 (1)
Malpractice in Management 302 (2)
Malpractice Defined 302 (1)
Change in Employee Attitude 302 (1)
Examples of Malpractice Lawsuits 303 (1)
Wrongful Employment Action but Not 303 (1)
Malpractice
Invasion of Privacy as a Form of Malpractice 304 (2)
Sexual Harassment as Invasion of Privacy 304 (1)
Distinction from Violation of Title VII 305 (1)
Individual Liability When Acting in Behalf 306 (5)
of Employer
Corporate Veil Protection 306 (1)
Liability of Company Officers 306 (1)
Personal Liability under 307 (1)
Antidiscrimination Laws
Liability under the Civil Rights Act of 308 (1)
1866 as Amended
Supreme Court Endorsement of Public 308 (1)
Employee
Personal Liability under Antitrust 308 (1)
Statutes
Extent of Liability under Other Statutes 309 (1)
Employer Indemnification for Employees 310 (1)
Acting in Employer's Behalf
Recommendations for Avoiding Personal 310 (1)
Liability
Failure to Provide a Safe Place to Work 311 (1)
Workers Compensation Exclusion 311 (1)
Personal Liability for Unsafe Conditions 312 (1)
The Future of Malpractice for Unsafe 312 (1)
Conditions
Prevention of Exposure to Malpractice 312 (3)
Drafting Policies on Malpractice 313 (1)
Recommended Policies to Prevent 313 (1)
Malpractice
Malpractice in Discharge, Negligent 313 (2)
Hiring, and Negligent Retention
21 THE DIRECTION OF PERSONNEL LAW IN THE 315 (18)
LATE 1990s AND 2000
Federal Laws Most Encountered in Personnel 316 (1)
Management
Bridging the Global Gap 316 (3)
Expenditure of Resources 316 (1)
Legal Problems with the Global Worker 317 (1)
Enforceability of the Law 317 (1)
North American Free Trade Agreement 317 (1)
(NAFTA)
Management Involvement is Necessary 318 (1)
Appraisal of the Global Worker 318 (1)
Drafting Policy for the Global Worker 318 (1)
Direction of Antidiscrimination Laws 319 (5)
Age Issues 319 (1)
Sex Issues 320 (1)
Affirmative Action and Diversity: Not a 321 (1)
Problem
The Handicapped Worker as a Future Problem 321 (1)
The Smoke-Free Environment 322 (1)
The AIDS Problem 322 (1)
Discrimination for Religion 322 (1)
Safety and OSHA 323 (1)
Employment of Aliens 323 (1)
The Technology Area 323 (1)
The Downside of Technology 323 (1)
Labor-Management Relations 324 (2)
The Changing Image of Unions 324 (1)
New Bargaining Approach 324 (1)
Ineffectiveness of the Strike Weapon 324 (1)
The Rise of the Nonunion Worker 325 (1)
Alternative Dispute Resolution (ADR) 325 (1)
Direction of Personnel Law in Discharge 326 (1)
Common Myths in Employment Law Cases 326 (1)
Importance of the Handbook or Policy 326 (1)
Manual
Remedies in Tort Actions 326 (1)
Predictions in Other Areas 327 (2)
Trends in Workers Compensation 327 (1)
Unemployment Compensation in the 1990s 327 (1)
An Increase in Written Policies 328 (1)
Relationship with Legal Counsel 328 (1)
High-Priority Tasks in the 1990s 329 (2)
Sexual Harassment 329 (1)
Search and Seizure 330 (1)
A Policy on Substance Abuse 330 (1)
Adoption of Termination Policy 330 (1)
Positive Personnel Administration Policies 331 (1)
The Personnel Function and the Law 331 (1)
Gaze Into the Crystal Ball 331 (2)
APPENDIX 333 (17)
GLOSSARY 350 (3)
INDEX 353