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Just Cause: The Seven Tests

Adolph M. Koven, Susan L. Smith

Just Cause: The Seven Tests Adolph M. Koven, Susan L. Smith List Price: $58.00
By: BNA Books (Bureau of National Affairs)
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Customer Reviews:
Total reviews: 2 Average rating: 3.5 of 5

seven tests is a must have 5 out of 5 stars.
10 of 16 people found this review helpful.

this book is excellent for practicioners, and individuals who serve on boards of adjustment, or merit system grievance panels.

Just Cause as the union would have it. 2 out of 5 stars.
2 of 8 people found this review helpful.

No employer should ever accept the "Seven Tests" as the standard for just cause; it is the arbitral equivalent of "reasonable doubt" and much too great a burden. Many public employers have foolishly incorporated this standard into their rules, their training, and even into their labor agreements. If you're in charge, eliminate any reference to it. Most experienced arbitrators will not apply this standard unless it is articulated in the agreement or one party, usually the union, proposes it and the other accedes. For a management representative in collective bargaining and labor arbitration the Seven Tests is at best a know your enemy course. It gets the two stars because it is informative and well written, just wrong.

Editorial Review:

Actual and hypothetical examples reveal how arbitrators interpret and decide workplace disputes.

Using criteria developed by master arbitrator Carroll R. Daugherty, the authors thoroughly examine the reasoning behind arbitration awards in discipline and discharge cases brought under a labor agreement. This is an ideal general guide plus an excellent aid for determining what (if any) disciplinary action is warranted in particular situations.

You get explanations and illustrations of each of the seven tests—notice, reasonable rules and orders, investigation, fair investigation, proof, equal treatment, and penalty—with real-life examples and references to arbitrated cases.

Employment Termination: Rights and Remedies

Michael J. Leech William J. Holloway

Employment Termination: Rights and Remedies Michael J. Leech William J. Holloway Amazon Price: $145.00
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By: BNA Books
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Editorial Review:

In a single, timesaving volume—get the key authorities you need to understand and anticipate developments in the explosive legal arena of wrongful termination. Your complete roadmap to evolving federal, state, and case law, Employment Termination: Rights and Remedies gives you the most comprehensive information available on the law governing the employment relationship and its cessation—written by top practitioners in their fields across the country. As the exceptions to “employment at will” continue to expand, you will want—and need—reliable legal analysis at hand. Employment Termination: Rights and Remedies makes it easier for you to avoid, defend, or pursue a claim alleging wrongful termination. Backed up by thousands of footnotes and cases, this exhaustive treatise gives you detailed analysis, extensive case citations, and strategic guidance on:

  • contract, tort, statutory, and constitutional issues and remedies in the private and public workplace
  • rights of association members and public employees employers’ defenses
  • employees’ remedies and litigation issues, including discovery protections, settlement and release, and insurance
  • privacy in the workplace
  • Labor Arbitration: Cases and Materials for Advocates (Special ABA Labor Arbitration Studies) (Special ABA Labor Arbitration Studies)

    Labor Arbitration: Cases and Materials for Advocates (Special ABA Labor Arbitration Studies) (Special ABA Labor Arbitration Studies) Amazon Price: $45.00
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    By: BNA Books
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    Subjects -> Law -> Specialties -> Labor Law

    Editorial Review:

    The ideal companion to Labor Arbitration: A Practical Guide for Advocates, this hands-on workbook provides a set of simulation exercises based on actual case transcripts. The exercises can be used in mock arbitration proceedings to improve the skills involved in advocacy.

    Labor Guide to Labor Law (4th Edition)

    Bruce S. Feldacker

    Labor Guide to Labor Law (4th Edition) Bruce S. Feldacker List Price: $164.00
    By: Prentice Hall
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    Customer Reviews:
    Total reviews: 2 Average rating: 5.0 of 5

    Simply essential reading for labor-side representatives! 5 out of 5 stars.
    6 of 6 people found this review helpful.

    This text gives us an impossibly clear overview of labor laws from labor's perspective. The sections on organizing and the legality of different kinds of strikes are particularly helpful. A must-read for all BA's, Organizers and Union Officers. --Michael Murphy, Washington College of Law (formerly of Food and Beverage Workers Union, Local 32)

    Editorial Review:

    This authoritative guide to labor law in the private sector is written from a union perspective and emphasizes the issues of greatest importance to unions. It covers the essential information needed to acquire a basic understanding of labor law and how it pertains to the workplace. Federal Regulations of LaborManagement Relations. The Collective Bargaining Unit. Union Organizing Rights and Election Campaigns. The Duty to Bargain. Strikes, Striker Rights, and Lockouts. Union Regulation of Work and the Antitrust Laws. Enforcement of Collective Bargaining Agreements and the Duty to Arbitrate. Rights and Responsibilities of Union Members. The Duty of Fair Representation. Equal Employment Opportunity. FederalState Relationships in Labor Relations. For union officers and representatives or anyone else who needs to review or learn the basics of labor law.

    Employment Litigation, Second Edition: Model Jury Instructions

    American Bar Association

    Employment Litigation, Second Edition: Model Jury Instructions American Bar Association Amazon Price: $115.00
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    By: American Bar Association
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    Editorial Review:

    This new addition to the Model Jury Instructions series provides clear and balanced instructions for presentation to juries in employment litigation. These models accurately and impartially present the elements and critical definitions of patent law in language that is understandable and familiar to the average juror. The instructions allow for easy adaptation to particular cases or points. A CD-ROM of the jury instructions is included with the book.

    Slam the Door on Employee Lawsuits: Keep Your Business Out of Court

    Paul M. Lusky

    Slam the Door on Employee Lawsuits: Keep Your Business Out of Court Paul M. Lusky List Price: $15.99
    By: Career Pr Inc
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    Customer Reviews:
    Total reviews: 1 Average rating: 4.0 of 5

    Stay Out Of Court 4 out of 5 stars.
    0 of 0 people found this review helpful.

    Slam the Door on Employee Lawsuits tells how to keep your business out of court. It advises business owners and managers on avoiding wrongful discharge, handling hostile employees, wage and hour issues, employee privacy and other touchy work topics.
    These situations can burden employers with huge financial setbacks. Be prepared, have your policies in place and know what is proper and legal.
    (I deducted one star since the book needs to be reissued to include any changes of the last few years)

    Editorial Review:

    An original, effective guide to preventing today's litigious employee from dragging you or your business into court. This book will keep your company away from courts and million dollar pay-offs through analysis and discussion of topics relating to discrimination and employee rights. It is written for any businessperson, entrepreneur, or executive involved in managing employees.

    How Arbitration Works: Elkouri & Elkouri

    Frank Elkouri, Edna Asper Elkouri

    How Arbitration Works: Elkouri & Elkouri Frank Elkouri, Edna Asper Elkouri List Price: $135.00
    By: BNA Books (Bureau of National Affairs)
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    Customer Reviews:
    Total reviews: 5 Average rating: 4.0 of 5

    Must have for union activists 5 out of 5 stars.
    6 of 6 people found this review helpful.

    This book is a requirement for any union activist. It provides a clear explanation of the complexities of arbitration in the labor management relations process. The book itself is dry reading. I strongly suggest reading sections of the book as questions arise. However, prior to developing any foundation for an arbitration case, I highly encourage the activist to review the book to develop a good case strategy.

    We like this book so much, we issued it to every executive officer in our union.

    An excellent reference 4 out of 5 stars.
    5 of 5 people found this review helpful.

    Generally considered to be the "bible" for those involved in labor-management arbitration procedures, this book is an invaluable reference in researching workplace disputes. There is ample reference to past arbitration awards, but what I have found to be of greater value is the viewpoints of different arbitrators to different issues, giving one an ability to get some insight into the thought processes that arbitrators use in determining the applicability of various contract provisions to the arbitration process.

    As a union official, I have found that using this book while researching grievance issues has been a real time saver and, along with the use of other reference materials, has been valuable in determining whether or not to pursue grievances to the arbitration stage.

    While the price is steep, it pales in comparison to the cost of going into an arbitration proceeding less than fully prepared.

    Social Security Benefits Handbook, 3rd Edition

    Stanley Tomkiel III

    Social Security Benefits Handbook, 3rd Edition Stanley Tomkiel III List Price: $18.95
    By: Sphinx Publishing Inc
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    Customer Reviews:
    Total reviews: 10 Average rating: 3.5 of 5

    Try Common Cents 4 out of 5 stars.
    35 of 38 people found this review helpful.

    Very helpful if you are looking for a simple guide to benefits, but if you want more commentary on issues, books recommended by socialsecurity.org might be more informative.

    Good Reference on Basic Law and Procedures 5 out of 5 stars.
    17 of 18 people found this review helpful.

    Tomkiel has written a good reference for non-lawyers on the basics of Social Security law and how it is administered. It goes into some detail, so if you are looking for something light and breezy, it may be a bit much. But if you want to know what benefits are available, who is eligible for them, and how they are calculated, this book will fill the bill nicely.

    Editorial Review:

    For those looking for accessible assistance in using and understanding Social Security benefits, attorney and former Social Security claims representative Stanley Tomkiel cuts through some of the more complex issues and explains the benefits in a clear and concise manner.

    Included in this new edition are changes in the disability benefits schedule, explanation of the criteria used for working after retirement and still being able to collect Social Security benefits and example situations for easy understanding of complex regulations.

    Employer's Rights: Your Legal Handbook from Hiring to Termination and Everything in Between

    Charles H. Fleischer

    Employer's Rights: Your Legal Handbook from Hiring to Termination and Everything in Between Charles H. Fleischer List Price: $24.95
    By: Sphinx Publishing
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    Customer Reviews:
    Total reviews: 2 Average rating: 5.0 of 5

    Easy read - great information 5 out of 5 stars.
    1 of 1 people found this review helpful.

    This is just the book I needed to quickly find out the facts for hiring and firing an employee and everything in between! The employer tips were great, and the glossary and resources in the back were perfect! I recommend this book to employers of any size, as well as for-profit or not-for profit organizations.

    Employer's Rights - Understandable, Useful and Effective 5 out of 5 stars.
    0 of 0 people found this review helpful.

    The "Employer's Rights" book is written in plain English, is understandable, useful and effective. You can quickly find issues of interest to you for individual projects, or read the entire manual to increase your Human Resource skill set. The work is comprehensive, up-to-date with recent legislation and reliable.

    Editorial Review:

    Explains discipline and termination procedures Identifies federal and state tax considerations Discusses wage attachments, assignments and garnishments Covers workers’ compensation laws and claim procedures Clarifies sex discrimination ambiguities Includes information regarding employee handbooks, evaluations and personnel files Explains employer liability to third parties Helps reduce the risk of lawsuits from employees

    International Labor and Employment Law (International Practitioner's Deskbook Series)

    Philip Berkowitz

    International Labor and Employment Law (International Practitioner's Deskbook Series) Philip Berkowitz Amazon Price: $80.65
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    By: American Bar Association
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    Customer Reviews:
    Total reviews: 1 Average rating: 5.0 of 5

    Practical guide 5 out of 5 stars.
    1 of 1 people found this review helpful.

    This is a handy and practical book for corporate counsel. It analyzes employment law issues in thirteen countries by examining a typical corporate transaction -- from hiring (and firing) a workforce, dealing with possible union issues, restrictive covenants, wage and benefits issues, discrimination claims, and employment law issues on the horizon.

    It's not an encyclopedia nor does it try to be one. It will answer your questions in a practical way.

    Editorial Review:

    The book provides helpful, practical guidance to international corporate lawyers who confront labor and employment problems in structuring corporate transactions. The focus of the book is on practical issues and the contributors are leading labor lawyers in numerous important jurisdictions.

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