Table of Contents - San Ignacio University

Date
Course Title
Labor Law Relations
Pre-requisite (s)
Hours
None
45
Credits
Course Number
3
LB 60800
Co-requisite (s) None
Out Of Class 90
Work Hours
Place and Time of Class Meeting
San Ignacio Univerity
3905 NW 107th Ave, Suite 301
Doral, FL 33178
Name and Contact Information of Instructor
Book required
(San Ignacio University, recognizes the use of the textbook in the classroom as part of the educational
methodology and strategy applied in diverse materials. The textbook is part of the curriculum and is used
to reach the student in an effective manner in the classroom. Every student is expected to acquire and use
the textbook.)
Employment and Labor Law 7th edition
Patrick J. Cihon (Author), James Ottavio Castagnera
South Western/Cengage, 2014
ISBN-10: 1-133-58660-0| ISBN-13: 978-1-133-58660-9
Classroom expectations for students
Attendance Policy
Students are expected to attend all scheduled University classes for the courses that they are
registered for and to achieve the goals set forth by each class instructor. Attendance is taken
daily. Enrolled students are permitted no more than 2 “free” absences in one semester. Students
missing 3-5 classes over the course of the semester will receive a one-letter grade deduction from
their final course grade; missing more than 6 classes will result in failure of the course regardless
of grade average. It is the student's responsibility to arrange to make up work missed because of
an absence.
1|Page
Student Tardiness Policy
A student is considered tardy/late if he/she comes to class 15 minutes late. With three tardies the
student accumulates one full absence. If the student misses half of the class period, it is a full
absence. When a student has more than 6 tardies, the instructor will contact the San Ignacio
University Coordinator of Student Affairs and Academic Department and request an intervention
session with the student. The goal of the intervention session is to develop and implement an
intervention program to help students learn new ways to save and manage time.
NOTE: Plagiarism is defined as the use, without proper acknowledgment, of the ideas, phrases,
sentences, or larger units of discourse from another writer or speaker. Plagiarism includes the
unauthorized copying of software and the violation of copyright laws. Students who commit
plagiarism will obtain a grade of “Failure” on their exam or assignment.
Course Description (must correspond exactly to Catalog description)
This course introduces students to employment and labor relations law. Students will explore
how labor-related disputes arise and get resolved in the courts. Among the topics to be discussed
are: ethics, labor legislation, and contemporary policies and procedures.
Learning Objectives
At the end of this course student will be able to:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Explain and discuss how and why labor unions lost momentum after the 1930’s.
List and explain the different health and welfare laws that have proliferated at the federal
and state level.
Illustrate and discuss the Racketeer Influenced and Corrupt Organizations Act.
Explain the Lily Ledbetter Fair Pay Act.
Define and explain retaliation under Title VII.
Explain affirmative action and Title VII.
Define the requirements of gender as a Bona Fide Occupational Qualification.
Discuss the Equal Pay Act.
Describe the Uniformed Service Employment and Reemployments Acts.
Explain due process and equal protection.
Describe the issues that are a direct threat to safety or health of others.
Discuss AIDS and the Disability Discrimination legislation.
Describe rights arbitration and the grievance process.
Discuss judicial enforcement of no strike clauses.
2|Page
•
•
Illustrate and explain the policy and processes of the Occupational Safety and Health Act.
Discuss unemployment compensation.
Topical Outline and Schedule
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 1
• Describe the course.
•
Discuss employment at will.
•
Describe and explain the rise of the modern American union.
•
Explain Anglo-American labor and employment law and how they can
be traced back to the 14th century.
•
Discuss the first era of significant employment laws.
•
Explain and discuss how and why labor unions lost momentum after
the 1930’s.
•
List and explain the different health and welfare laws that have
proliferated at the federal and state level.
•
Syllabus
•
Discuss Library Orientation Course, Instructor to verify completion
•
Discuss the post war decline of organized labor.
•
Define and discuss the resurrection of the arbitration remedy.
•
Explain and discuss the 2008 economic crisis.
•
Illustrate and discuss the Racketeer Influenced and Corrupt
Organizations Act.
•
Explain the Lily Ledbetter Fair Pay Act.
•
Discuss Health Care reform and its efforts to solve the problems of
uninsured workers.
3|Page
•
LEARNING
ACTIVITIES
Explain how NAFTA leads to challenges for employees and
employers.
Discussion of Syllabus
Review case studies.
HOMEWORK Review the Syllabus
& ASSIGNED Complete the Library Orientation Course. Instructor to verify completion.
READINGS
Read chapter 1 and answer questions 1-12 on page 18
Read chapter 2 and answer questions 1-5 on page 33
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 2
• Explain when employment at will laws doctrine was enacted.
•
Demonstrate how even employment at law is in effect an employer
must have a reasonable reason to terminate an employee.
•
Explain that although the parties in employment have not agreed on a
contract the employee still has certain procedural rights, such as
arbitration.
•
Describe and discuss the doctrine of good faith.
•
Define and explain the Model Employment Termination Act.
•
Discuss whistleblowers and the laws that protect them.
•
Discuss Final Class Project & Presentation,
•
List of Topics
•
Describe employment contracts and wrongful discharge
•
Explain the federal Sarbanes Oxley act of 2002
•
Discuss wrongful discharge based on public policy
•
Describe express and implied contracts of employment
•
Explain protection for corporate whistleblowers
Review case studies.
Participate in a forum.
Group discussions.
4|Page
HOMEWORK Read chapter 3
& ASSIGNED Answer questions 1-5 on page 55
READINGS
Read chapter 4
Answer questions 1-5 on page 80
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 3
• Outline commonly committed workplace torts.
•
Explain and discuss defamation libel and slander.
•
Describe tortuous infliction of emotional distress.
•
Define employee privacy rights in the 21st century.
•
Explain and discuss privacy rights in the employment area.
•
Describe and discuss surveillance and eavesdropping in the workplace.
•
Explain monitoring and reviewing computer information and use.
•
Explain tortuous interference with contract.
•
Describe and discuss retaliatory demotion.
•
Explain the theft of trade secrets.
•
Define requests for information from third parties.
•
Explain requests for medical information.
•
Discuss and explain how to handle internal investigations.
•
Define the proper procedures to handle personnel files.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK
Library Research. Develop Tentative Bibliography
& ASSIGNED Due: Project Topic
READINGS
Due: Tentative Bibliography
Homework: read chapter 5 and answer questions 1-5 on page 109
5|Page
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 4
• Explain international employment law and American immigration
policy
•
Discuss the Alien Tort Claims Act and International workers rights.
•
Describe global labor unions
•
Review immigration law and policy
•
Define and explain the immigration reform and control act of 1986
•
Discuss the enforcement of US immigration laws.
•
Due: Project Topic
•
Due: Tentative Bibliography
•
Outline international employment laws.
•
Explain union network international.
•
Illustrate the anatomy of an ICE raid.
•
Discuss the involvement of states and localities with illegal
immigration.
•
Explain the legal Arizona Workers Act.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: read chapter 6
READINGS
Answer questions 1-5 on page 149
DATE
SPECIFIC
OBJECTIVES
WEEK 5
• Discuss Title VII and the civil rights act of 1964.
•
Explain the coverage of Title VII.
•
Discuss how Title VII is administered.
6|Page
TOPIC (S)
LEARNING
ACTIVITIES
•
Describe and discuss discrimination under Title VII.
•
Define and explain Bona Fide Occupational Qualifications.
•
Illustrate and explain unintentional discrimination – disparate impact.
•
Discuss and explain Section 703(K) and disparate impact claims.
•
Explain how to validate job requirements.
•
Describe the “Bottom Line” and discrimination.
•
Describe and explain seniority and Title VII.
•
Demonstrate and explain mixed motive cases under Title VII.
•
Define and explain retaliation under Title VII.
•
Explain affirmative action and Title VII.
•
Explain the provisions of Title VII.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: Read chapter 7 and answer questions 1-5 on page 200
READINGS
Read chapter 8 and answer questions 1-5 on page 250
DATE
SPECIFIC
OBJECTIVES
WEEK 6
• EXAM I
•
Discuss gender and family issues in regards to Title VII and other
legislation.
•
Describe pregnancy discrimination.
•
Define and explain the Family and Medical Leave Act.
•
Explain sexual harassment in the workplace.
•
Discuss discrimination on the basis of religion and origin.
7|Page
TOPIC (S)
LEARNING
ACTIVITIES
•
Explain how to establish a case of harassment.
•
Explain dress codes and grooming requirements.
•
Define the requirements of gender as a Bona Fide Occupational
Qualification.
•
Discuss the Equal Pay Act.
•
Illustrate pregnancy and hazardous working conditions
•
Discuss the Military Leave Provision.
•
Explain Quid Pro Quo Harassment.
•
Describe EEOC and the procedures to handle a case.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Homework: read chapter 9 and answer questions 1-5 on page 273
& ASSIGNED Read chapter 10
READING
Answer questions 1-5 on page 307
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 7
• Discuss the age discrimination in employment act.
•
Describe the Americans with disabilities act.
•
Explain the definition of disability.
•
Discuss medical exams and tests.
•
Explain reasonable accommodations.
•
Describe the defenses under the ADA.
•
Discuss who enforces the rules of ADA.
•
Explain the Rehabilitation Act.
•
Define the coverage of the ADEA.
8|Page
LEARNING
ACTIVITIES
•
Explain the procedures and remedies of ADEA.
•
Discuss the ADA Amendments Act of 2008.
•
Describe the issues that are a direct threat to safety or health of others.
•
Discuss AIDS and the Disability Discrimination legislation.
•
Explain drug abuse and drug testing in the workplace.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: read chapter 11
READINGS
Answer questions 1-5 on page 340
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 8
• Discuss the Civil Rights Acts of 1866 and 1870.
•
Describe the Executive order No. 11246.
•
Define Employment Discrimination because of Military Services.
•
Explain the Employment and Reemployment Rights Act.
•
Define and explain the National Labor Relations Act.
•
Discuss the constitutional prohibitions against discrimination.
•
List and explain other employment related legislation.
•
Define and discuss section 1981, 1983, and 1985 of the Civil Rights
Act.
•
Explain the procedures under sections 1981 and 1983.
•
Discuss Equal Employment Requirements.
•
Explain the procedures under Executive Order No. 11246.
•
Describe the Uniformed Service Employment and Reemployments
9|Page
Acts.
•
Explain due process and equal protection.
•
Discuss whistleblower laws.
•
Define and discuss testing in employment.
LEARNING
ACTIVITIES
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: read chapter 12
READINGS
Answer questions 1-5 on page 389
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 9
• Discuss labor development in America.
•
Describe recent trends in the labor movement.
•
Explain responses to the labor movement.
•
Discuss the development of the National Labor Relations Act.
•
Explain the purpose of the National Labor Relations Act.
•
Describe the National Labor Relations Board.
•
Describe the Post Civil War period.
•
Discuss injunctions in the workplace.
•
Describe and explain Yellow Dog contracts.
•
List and explain the Norris-LaGuardia Act, the Railway Act, the
National Industrial Recovery Act, and the National Labor Relations
Board.
•
Explain the organization, procedures, and jurisdiction of the NLRB.
•
Discuss preemption and the NRLA.
10 | P a g e
LEARNING
ACTIVITIES
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: read chapter 13 answer questions 1-5 on page 416
READINGS
Read chapter 14
Answer questions 1-5 on page 468
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 10
• Discuss an Employee’s bargaining representative.
•
Describe and discuss representation elections.
•
Explain the unionization process.
•
Discuss Section 7 and Section 8 of the rights of employees.
•
Define other unfair labor practices.
•
Discuss discrimination to discourage union membership.
•
Explain employees’ choice of bargaining agent.
•
Define decertification of the bargaining agent.
•
Discuss employer reprisals against employees.
•
Explain remedies for unfair labor practices.
•
Discuss excessive union dues or membership fees.
•
Define and explain strikes as protected activity.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Continue research and work on final project
& ASSIGNED Homework: read chapter 15 answer questions 1-5 on page 500
READINGS
Read chapter 16
Answer questions 1-5 on page 533
11 | P a g e
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 11
• Explain the duty to bargain.
•
Describe and explain subject matter of bargaining.
•
Discuss antitrust aspects of collective bargaining.
•
Discuss and explain pressure tactics.
•
Explain the legal protection of strikes.
•
Describe and explain national emergencies.
•
Describe and discuss bargaining in good faith.
•
Explain the nature of the duty to bargain in good faith.
•
Explain mandatory bargaining subjects.
•
Discuss prohibited bargaining subjects.
•
Describe and discuss strikes in the health care industry.
•
Define remedies for secondary activity.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Due: First Draft of Final Project
& ASSIGNED Read chapter 17 answer questions 1-5 on page 571
READINGS
DATE
WEEK 12
SPECIFIC
• MIDTERM EXAM II
OBJECTIVES
• Explain arbitration in collective bargaining.
•
Discuss the courts and arbitration.
•
Describe changes in the status of employees.
•
Explain Bankruptcy and the collective agreement.
•
Discuss the grievance process.
12 | P a g e
TOPIC (S)
LEARNING
ACTIVITIES
•
Explain judicial enforcement of no-strike clauses.
•
Explain interest arbitration versus rights arbitration.
•
Describe rights arbitration and the grievance process.
•
Discuss judicial enforcement of no strike clauses.
•
Define the NLRB and arbitration.
•
Explain successor employers/
•
Describe Bankruptcy and retiree benefits.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Read chapter 18
& ASSIGNED Answer questions 1-5 on page 600
READINGS
Read chapter 19
Answer questions 1-5 on page 641
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
WEEK 13
• Explain protection of the rights of union members.
•
Describe the rights of union members.
•
Describe the government as an employer.
•
Explain labor relations with the federal government.
•
Discuss state public sector labor relations legislation.
•
Describe public employees and first amendment free speech rights.
•
Discuss the union discipline of members.
•
Illustrate the union member’s bill of rights.
•
Describe other restrictions on unions.
•
Explain the federal service labor management relations act.
13 | P a g e
LEARNING
ACTIVITIES
•
Define the Hatch Act.
•
Discuss the union security provisions.
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Editing & Revision of Final Project
& ASSIGNED Read chapter 20 answer questions 1-5 on page 682
READINGS
Read chapter 21 answer questions 1-5 on page 709
DATE
SPECIFIC
OBJECTIVES
TOPIC (S)
LEARNING
ACTIVITIES
WEEK 14
• Illustrate and explain the policy and processes of the Occupational
Safety and Health Act.
•
Discuss unemployment compensation.
•
Explain worker’s compensation.
•
Define social security and other retirement benefits.
•
Discuss Employee Retirement Income Security Act.
•
Describe and explain workplace violence.
•
Explain administration and enforcement.
•
Discuss inspections, investigations, and recordkeeping.
•
Describe citations, penalties, abatement, and appeal.
•
Define litigating unemployment claims,
•
Explain Federal preemption of workers compensation claims.
•
Define and explain retirement insurance benefits,
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Editing & Revision of Final Project
& ASSIGNED Read chapter 22
14 | P a g e
READINGS
Answer questions 1-5 on page 743
DATE
SPECIFIC
OBJECTIVES
WEEK 15
• Final Project
TOPIC (S)
LEARNING
ACTIVITIES
•
Final Presentation
•
Final Exam
•
Discuss the Fair Labor Standards Act.
•
Define the origin and purpose of the act.
•
Explain minimum wage and what is covered.
•
Discuss the enforcement and remedies under FLSA.
•
Discuss forced pregnancy testing.
•
Explain the National Industrial Recovery Act.
•
Outline the background of FLSA.
•
Explain overtime pay.
•
Explain the exemptions from overtime and minimum wage provisions.
•
Discuss the limitations of child labor.
•
Define and explain the remedies available for violation of the
minimum wage and overtime provisions of FLSA.
•
Discuss the exceptions
requirements.
from
overtime
and
minimum
wage
Student presentations
Review case studies.
Participate in a forum.
Group discussions.
HOMEWORK Prepare a 500-word analysis of the course. Summarize what you learned
& ASSIGNED during the class, pick a topic that you feel you can use and describe why you
READINGS
believe it will be beneficial and how you plan on incorporating it in your
15 | P a g e
everyday activities.
Instructional Methods
In developing methodological strategies, it is best to discuss them between teachers and students
in an environment of freedom and mutual agreement in order to ensure that the students make
them their own and take responsibility for their execution and for attaining the goals of this
course.
The following strategies may be used in this class:
1. A review of the questions at the end of each chapter.
2. Check of the reading.
3. Analysis of assigned readings.
4. Group discussions.
5. Individual and group discussions.
6. Preparation of reports.
7. Preparation of a didactic plan.
8. Carrying out a micro-class.
Instructional Materials and References
Labor And Employment Law: Text and Cases
Author: David P. Twomey
South-Western College Publishing; International edition; 15th Revised edition (May 14, 2012)
ISBN-10: 1133188303 | ISBN-13: 978-1133188308
Essential Guide to Federal Employment Laws
Authors: Lisa Guerin, and Amy DelPo
Publisher: NOLO; Fourth Edition (April 30, 2013)
ISBN-10: 1413318134 | ISBN-13: 978-1413318135
Examples & Explanations: Employment Discrimination
Author: Joel Wm. Friedman
Publisher: Wolters Kluwer Law & Business; 2nd Edition (October 10, 2013)
ISBN-10: 1454816104 | ISBN-13: 978-1454816102
Assessment Criteria and Methods of Evaluating Students
96 – 100%
90 – 95%
87 – 89%
83 – 86%
80 – 82%
77 – 79%
73 – 76%
A
 A B+
B
 B C+
C
16 | P a g e
70 – 72%
67 – 69%
63 – 66%
60 – 62 %
< 59%
 C D+
D
 DF
Do not count on a curve!
Generally, the grades “A” and “B” are considered passing grades. Grades "W" and "I"
indicate that no grades were earned for the course. A "W" grade indicates that the student
withdrew from the course. An "I" grade indicates that the student was passing the course,
but failed to complete all the required course work. The instructor, in his/her discretion
may grant an "I" grade instead of an "F", pending completion of the course work by the
student within a specified time arranged by the instructor and told to the student. It is the
student's responsibility to follow-up with the instructor to complete the course work. If the
course work is not completed by the arranged time, the “I” grade becomes an “F".
Distribution of Grade Elements
Homework:
Exams I, II, III:
Final Presentation:
Final Research Project:
Total:
15%
30%
30%
25%
100 %
Date Syllabus Was Last Reviewed: July 6, 2016
17 | P a g e
STUDENT AGREEMENT
Print Student’s Name: _______________________________________
Date: ______________
Course Number and Prefix: _______________
Instructor: _____________________
Semester: _____________________________
Contact Information:
Telephone Number: _______________________________
Cell Number: _____________
Student’s E-mail: __________________________________
I ___________________________ have received a copy of the syllabus
for the above course. I understand and agree to abide by the terms of this
syllabus. I also acknowledge receipt of the syllabus supplementary
information.
18 | P a g e