Module 12: Objectives
By the end of this module, students will be able to:
12.1 Identify and discuss knowledgeably the types of legal modifications made to “employment at will” as a general doctrine;
12.2 Understand, explain, and analyze the union’s duty of fair representation (DFR) under the Labor Management Relations Act
Module 12: Professor’s Overview
Per the syllabus, your readings for this week are Understanding Labor Law chapters 3, 16.01 – 16.03, 16.05, 17.01, and 17.03 – 17.04, Rainsberger XXXVI, an attached pdf of a court decision alleging a violation of the duty of fair representation at UPS and the Teamsters, and this news article: https://www.chicagobusiness.com/article/20100121/NEWS04/200036813.
Two ways to modify the “employment-at-will” doctrine would be
(1) to set up specific laws for individual problems that each modify employment at will; or
(2) to encourage unionization to allow the workers themselves, through their union, to modify employment at will in the manner they are able to through collective bargaining. A third approach would be to do neither, but to simply reinforce employment at will as the reigning paradigm.
Examine the merits and demerits of all three, and explain which one (or combination, but then be clear on primary emphasis one way or another) you find preferable, and why.