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 DF 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
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