S03_list_10.doc

TABLE OF CONTENTS I. Introduction to Subject and Search Strategy 2 A. Background to Public Sector Labor Law 2 B. Scope 4 C. Model for a Search Strategy 4 II. Starting the Search 5 A. LUMINA 5 B. Research Guides 5 III. Primary Sources 6 A. Statutes 6 B. Cases and Reporters 7 C. Administrative Materials: Codes and Regulations 8 D. Legislative History 8 1. Compiled 8 2. Non-Compiled 10 IV. Secondary Sources 11 A. Dictionaries and Thesauri 11 B. Encyclopedias 12 C. Looseleafs 14 D. Newsletters and Periodicals 17 1. Legal Sources 17 2. Cross-Disciplinary Sources 18 E. Texts and Treatises 19

F. Hornbooks and Nutshells 20 G. Digests 21 H. Directories 21 I. Government Publications and Statistical Data 23 J. Practice Materials 24 K. Continuing Legal Education Materials 25 V. Electronic Resources 26 A. Westlaw 26 B. Lexis 26 C. Other Internet Resources 27 D. CD-ROM 27 VI. Conclusion 28 I. Introduction to Subject and Search Strategy A. Background to Unilateral Change in Public Sector Labor Law During Periods of Fiscal Crisis In times of fiscal crisis, all employers must find ways in which to allocate their resources in order to maintain their business. Private employers fear shrinking profits because consumers are spending less. In reaction, private employers look for solutions by cutting expenses. When the expenses that are cut have been subjects of a collective bargaining agreement with employees, the employer is said to be making a unilateral change in the employment contract. Under the National Labor Relations Act (“NLRA”), such unilateral action on the part of the private employer is illegal. 2

Prohibition of unilateral action is not nearly as clear-cut in the public sector. One might conjecture that public employers are not in as risky a position during fiscal crisis because they do not have to depend on the ebb and flow of consumer spending habits that react to the economy. This is logic is patently flawed. During times of fiscal crisis, the tax base shrinks for many reasons. First, there is less taxable income. Second, there is less revenue in the way of sales tax when consumers spend less. Third, there is less revenue from property tax when land values decline. Fourth, there is an increased need for public services during periods of fiscal crisis, increasing the strain on decreasing public funds. Fifth, taxpayers have increased hostility to any increase in government budget during fiscal crisis. In this situation, the government representatives will not raise taxes for several reasons, including unwillingness to further burden the public and unwillingness to anger their electorate. Accordingly, this taxpayer hostility increases aggressive bargaining by public sector labor management out of political pressure in addition to the need to preserve finite governmental resources. Much like their private sector counterparts, public sector employers look for any possible solution to cut expenditures. Also like private sector employers, public sector employers have sought to enact unilateral changes in bargained- for terms of employment contracts. Initially, the public sector realm of bargaining was new territory. As a result, employers used the private sector as a model for allowable unilateral change; courts used the same private sector model for regulation of such change. Over time, public sector management discovered that it possessed more latitude in unilateral change than private employers. Public sector employers claimed sovereignty and public policy as justification for this latitude, citing the need to provide the same 3

services during periods of fiscal crises. They further rationalized liberties taken by pointing out that their private counterparts had the ability to increase prices when more revenue was desired, whereas public employers must operate with the boundaries of constitutionality. In reality, it is these constitutional boundaries that public employers implement in order to make unilateral changes to contracts. B. Scope The purpose of this pathfinder is not only to help the practitioner determine legality of employer unilateral change, but if the conditions under which unilateral change is lawful expand in the public sector during times of fiscal crisis. This pathfinder has been crafted with an emphasis on economical use of resources. Public sector labor practitioners on both sides of conflict have greater need for free resources than their private sector counterparts. While labor organizations typically have a limited legal budget, public sector employers also bear responsibility to the public fisc and will not sanction use of expensive commercial databases. C. Model for a Search Strategy Because of the specific nature of this pathfinder topic, one should proceed directly to case law searching after familiarization with the relevant statutory material. Although the most binding law will of course be found in the West Reporters, the researcher must not discount looseleaf services and individual arbitration decisions available from online sources. Usually, arbitrators’ decisions contain the most thorough explanation of fact and law underlying the decisions appealed to the higher courts. The appellate courts typically will refer briefly to the arbitrator’s jurisprudence and summarily affirm or deny the decision. Thus, the researcher must go to initial stages of any labor proceeding to truly 4

understand the issues. After a thorough grounding in these concepts, then one should proceed to secondary materials. II. Starting the Search A. LUMINA MNCAT, the database on LUMINA, provides an easy starting point for this topic area, offering descriptive and bibliographic information for most of the resources listed below. Resources regarding the subject matter of this pathfinder are readily available by using the Advanced Search function to search multiple title, author, and subject keyword entries in a combined, more narrow search. For purposes of this pathfinder, one may enter “public sector” and “labor” to yield a plethora of resources, many of which are discussed below. B. Research Guides Jacobstein, J. Myron, et al, Fundamentals of Legal Research, (Foundation Press 2002). Subject LC: Legal research—United States—Problems, exercises, etc. Access points consist of a table of contents and a general index. Appendices consist of state guides to legal research, state reports, coverage of the national reporter system, fundamental lawyering skills, selected law-related internet sources, a chart on legal research procedure, and a glossary of terms. Specialized Legal Research, (Leah Chanin et al, ed. Aspen Law & Business 1997- ). Subject LC: Legal research—United States Access points consist of summary of contents, master index, and an extensive table of contents by chapter listing each individual section. Appendices consist of the “General Bibliography of Specialized Legal Research Sources” and appendices for each individual chapter. This source divides larger subject areas into discrete sub-areas and lists sources for greater understanding. Essentially, this is a compendium of resources sorted by area: statutes, regulations, legislative histories, case law, administrative rulings, private publications, and treatises. I would have found this extremely helpful while writing my journal article last year and will definitely use it while delving into the NLRA for my 5

research project. I noticed that it does discuss the distinction between labor law in both the public and private sector, so it should be extremely helpful. Doyle, Francis R. et al, Searching the Law, (Transnational Publishers 1999). Subject LC: Legal Research—United States Access points consist of a table of contents, guide words, and author index. The only appendix was a list of legal publishers. This source is basically a giant bibliography listing books, looseleafs, periodicals, bibliography and finding tools, checklists, and CD-ROMS on discrete topic areas. It is cross-referenced for synonymous entries. Topic areas further list sub-areas covered. This will be a helpful tool in starting the creation of most pathfinders because the source lists a wealth of resources organized by topic. Main topics that will be helpful for my project are “Arbitration, Negotiation, and Mediation” and “Labor Law”. The latter heading is broken down as follows: public sector, retirement income, employment discrimination, privacy, equal employment, wrongful discharge, age discrimination, ERISA, collective bargaining, and workers compensation. III. Primary Sources A. Statutes Statutes can be found codified in three sources: (1) United States Code (USC); (2) United States Code Annotated (USCA); and (3) United States Code Service. Prior to codification, public law texts can be found in United States Code Congressional and Administrative News (USCCAN) and the United States Statutes at Large. Public sector labor relations are primarily governed by the National Labor Relations Act of 1935 (NLRA) and the Labor-Management Relations Act of 1947 (LMRA). The NLRA has been codified at 29 U.S.C. §§ 151-169. The LMRA has been codified within portions of the NLRA, specifically within 29 U.S.C. §§ 151-166. USC (USGPO 1926- ): The USC, the official version of federal statutes, is a multi- volume set published by the United States General Printing Office, reissued with a new edition every six years and updated annually with bound supplements. USCA (West Group 1927- ): The USCA is a multi-volume set published by West Publishing. It is updated annually with a cumulative pocket part and non-cumulative pamphlets for each code section. This set features annotations called “Notes of Decisions” that point the researcher to case law interpreting the statutes. 6

USCS (LexisNexis 1972- ): The USCS is a multi-volume set published by LexisNexis. It is updated by annual pocket parts, quarterly supplements arranged by code section, and monthly issuances containing the full text of any newly enacted or modified statutes. This source is different from either the USC or the USCA because it follows the text of the Statutes at Large. Like the USCA, it also provides annotations in the section entitled “Interpretive Notes and Decisions”. USCCAN (West Group 1941- ): The USCCAN is a multi-volume set published by West Group containing the text of public laws and the text of some documents relevant to legislative history. It is issued monthly during Congressional sessions and reissued in bound volumes at the end of each session. The NLRA can be found in USCCAN in chapter 372 of the 1935 volume. The LMRA can be found in USCCAN in chapter 120 of the 1947 volume. United States Statutes at Large (USGPO 1789- ): Statutes at Large is a compilation of all slip laws published by the United States Government Printing Office (USGPO). Although compiled at the end of each session, the USGPO is usually two years behind in publication. Session laws are separated into separate public and private law volumes and are chronologically ordered. The NLRA can be found at 49 Stat. 449. The LMRA can be found at 61 Stat. 136. B. Cases and Reporters Researchers must rely on case law to interpret most statutes. The NLRB is the primary interpreter of the NLRA and the LMRA. Any decision of the NLRB may be appealed directly to the appropriate federal Court of Appeals, bypassing the district courts. As with any area of jurisprudence, all sub-parts of the judicial system must yield to the Supreme Court. Considering this procedural hierarchy, the researcher will note the absence of F. Supp. and F. Supp. 2d from the list below, as these sources report district court decisions, inapplicable to labor disputes. Because use of the National Reporter System is extremely commonplace, it will be mentioned briefly, with more emphasis on labor-specific reporters. Supreme Court decisions: United States Reports (U.S.) (USGPO 1754- ); West’s Supreme Court Reporter (S.Ct.) (West Group 1882- ); United States Supreme Court Reports, Lawyer’s Edition (L.Ed, L.Ed.2d) (Lawyers Cooperative Publishing 1790- ). Courts of Appeals decisions: Federal Reporter (F., F.2d, F.3d) (West Group 1900- ). Decisions and Orders of the National Labor Relations Board (NLRB) (USGPO 1936- ): The official reporter of the NLRB is issued in looseleaf until eventually included in the next bound volume. Labor Relations Reference Manual (LRRM) (BNA 1935- ): This source, published by BNA, only contains excerpts of NLRB decisions along with headnotes. It is issued in looseleaf. 7

Labor Arbitration Awards (LA) (CCH 1961- ): see Section IV.C. Wage and Hour (WH) (BNA 1941- ): see Section IV.C. Court Decisions Relating to the National Labor Relations Act (USGPO 1939- ), see Section IV.C on looseleafs. See also Electronic Resources, Section V for online versions of the above-mentioned sources. C. Administrative Materials: Regulations Administrative law further interpreting and clarifying federal labor statutes can be found both in the Code of Federal Regulations (“CFR”) and the Federal Register (“FR”). Regarding the topic of this pathfinder, these sources will be of use when determining procedure-related charges when disputing the legality of an employer’s unilateral change. Code of Federal Regulations (USGPO 1938- ): this source is the codification of the rules and regulations passed by Congress. Regulations appearing in the CFR have previously appeared in the FR in chronological order. Once in the CFR, the rules have been officially accepted by Congress and are then organized under fifty topical titles. The full CFR is updated annually, but the updates are staggered with one quarter of the CFR being udated every three months. For the purposes of this pathfinder, the applicable portion of the CFR is 29 CFR 101-103. Federal Register (USGPO 1936- ): this source is published daily by Congress and details all regulations proposed, passed, amended, etc. that day. It is bound annually, and the rules appear chronologically. This source can be used to update the CFR. See also agency website discussion at Section IV.I. D. Legislative History 1. Compiled Nancy P. Johnson , Sources of Compiled Legislative Histories, (Fred B. Rothman 1979- ). Subject LC: Legislative histories—United States--Bibliography Access points include an author-title index and a Public Law index. The following titles are compiled legislative histories referring to the LMRA: Bureau of National Affairs, The New Labor Law, Wash. D.C.: Bureau of National Affairs, 1947. This source contains a section by section analysis of all changes 8

throughout the passage of the Wagner Act (now codified within the NLRA), but therefore only covers the period through 1947 and no subsequent amendments. However, it is a very thorough compilation of documents for the pre-1947 period. Forkosch, Morris D., Compulsory Arbitration and the Taft-Hartley Act, 51 Columbia Law Review 993 (1951). On pages 994 to 1000, this source gives a quick overview of the legislative history of the NLRA/LMRA as it applies to arbitration. Kheel, Theodore, “Legislative History of the Taft-Hartley Act”, in Labor Law, 10 vols. New York: Matthew Bender, 1973- (also published as vols. 18- of Business Organizations), 1:Section 5.02. This source is written in outline format and heavily footnoted. Consequently, it gives a lot of information as to legislative history but no analysis. Lynd, Staughton, The Right to Engage in Concerted Activity After Union Recognition: A Study of Legislative History, 50 Ind. L.J. 720 (1975). This source is exhaustive regarding the Section 7 right to concerted activity. Reilly, Gerard D., The Legislative History of the Taft-Hartley Act, 29 Geo. Wash. L. Rev. 285 (1960). This source gives a blow-by-blow accounting of the floor debates, condensed into 15 pages. U.S. Congress, Senate, Committee on Labor and Public Welfare, Subcommittee on Labor, Legislative History of the Labor Management Relations Act, 1947, Wash., D.C.: GPO 1947. This source contains all documents and transcripts relating to the LMRA without any analysis or commentary. It is organized with a topical index and an index keyed to sections of the act. U.S. National Labor Relations Board, Legislative History of the Labor Management Relations Act, 1947, Wash., D.C.: GPO 1948. This source contains all documents and transcripts relating to the LMRA without any analysis or commentary. It is organized with a topical index and an index keyed to sections of the act. The following titles are compiled legislative histories referring to the LMRA that were not available for examination: Koretz, Robert F., ed., “The Taft-Hartley Act”, in Labor Organizations, New York: Chelsea House, 1970, p. 548. The following titles are compiled legislative histories referring to the NLRA: Kheel, Theodore, “Legislative History of the Wagner Act”, in Labor Law, 10 vols. New York: Matthew Bender, 1973- (also published as vols. 18- of Business Organizations), 9

1:Section 5.02. This source is written in outline format and heavily footnoted. Consequently, it gives a lot of information as to legislative history but no analysis. Lynd, Staughton, The Right to Engage in Concerted Activity After Union Recognition: A Study of Legislative History, 50 Ind. L.J. 720 (1975). This source is exhaustive regarding the Section 7 right to concerted activity. Schwartz, Bernard, ed. “National Labor Relations Act”, in the Economic Regulation of Business and Industry: A Legislative History of t U.S., Regulatory Agencies, 5 vols., New York: Chelsea House, 1973. This source gives copies of debates, committee reports, and the editor’s conclusions. It is a good source of documents, but not exhaustive. It is also a good source of neutral commentary. U.S. National Labor Relations Board, Legislative History of the National Labor Relations Act, 1935, Wash. D.C.: GPO 1949. This source contains all documents and transcripts relating to the NLRA without any analysis or commentary. It is organized with a topical index and an index keyed to sections of the act. The following titles are compiled legislative histories referring to the NLRA that were not available for examination: Koretz, Robert F., ed., “The Taft-Hartley Act”, in Labor Organizations, New York: Chelsea House, 1970, p. 548. Silverberg, Louis G., The Wagner Act: After Ten Years, Wash., D.C.: Bureau of National Affairs, 1945. U.S. National Labor Relations Board, Statutes and Congressional Reports Pertaining to the National Labor Relations Board, Wash. D.C.: National Labor Relations Board, 1945. 2. Non-Compiled CIS Index to Publications of the United States Congress, (Congressional Information Service 1970- ). This source is serialized monthly with an Index part cumulating monthly, quarterly, annually in two-part volumes. There are also four-year cumulations. Abstracts are issued monthly. Subject LC: Law—United States—Indexes; Legislation—United States—Indexes This source is retrospectively structured in a manner that would appeal to the visual learner. One must search through a three-step/three-volume process to reconstruct a legislative history. By the end of the process, all of the forms are separated into their appropriate categories, with information that makes finding the documents an easy task. However, this source only dates back to 1970, so it does not help with the subject of this pathfinder unless one is examining the amendments that occurred from 1973 to the present. 10

CCH Congressional Index (CCH 1937- ) Essentially, this is just a prospectively structured index of what is currently before Congress. All of the pending legislation is listed alphabetically within the greater subject area. As the resource currently functions, one must comb through over seven pages of generally-classified labor and employment titles, trying to deduce from document titles whether it applies to my topic at all. The source would be more effective if it were further organized into sub areas, separating it into new legislation and amendments. Currently, there is no pending legislation on this topic LexisNexis Congressional, available at web.lexis-nexis.com/congcomp (Lexis- Nexis 2003) This electronic source allows for term searching. Although convenient, it carries the risk of overbroad searches, yielding pages of refuse that one must sort through to find the few pertinent documents. Term searching can be a great tool when one has no idea where to start, but when already focused on one statute, it is not as useful. www.thomas.loc.gov THOMAS gives access to bill text, public laws, and committee reports. However, there is no direct link to Senate reports or to House reports, which are essential in recreating legislative histories. THOMAS also offers many helpful and interesting tools not available on the previously examined resources. There is a very concise listing of roll call votes, which is also searchable with convenient set-up and easy-to-read layout. In addition, THOMAS offers links to the homepages of all of the House committees and all of the Senate committees. This provides yet another resource for investigating the true legislative intent behind pending legislation. Further, THOMAS provides direct links to the more contentious or frequently sought-out legislation of the day. Finally, THOMAS links to recent treaties. The main drawback of THOMAS is the dates of materials available through this resource. The earliest it goes back to is the 90th Congress (for treaties), while for some resources it only goes back to the 104th Congress (index and committee reports). This may be yet another reflection of the currency of the mission of this resource. More likely (and more optimistically), it may be because any new online resource needs time before it can comprehensively document a full history. Hopefully, THOMAS will continue to add availability over time, increasing its utility to scholars and legal researchers. IV. Secondary Sources A. Dictionaries and Thesauri Burton, William C., Burton’s Legal Thesaurus, (Macmillan Library Reference 1998). Subject LC: Law—United States—Terminology; English language—Synonyms and antonyms 11

Access points consist of a table of contents, an index, and guide words. There are no appendices. This source appears to be a useful tool when formulating subject area searches because it provides synonyms for most legal keywords. The index functions very much like the main entries, although it is not as comprehensive and there is no grammatical distinction as to word form. When one looks up “unilateral” for use with this pathfinder, they will find the following suggestions: independent, lone, one-sided, not reciprocal, single, singular, and unaided. The source also offers “associated concepts” under subject headings. “Unilateral” had the following associated concepts: unilateral action, unilateral contract, and unilateral mistake. Shapiro, Fred R., The Oxford Dictionary of American Legal Quotations, (Oxford University Press 1993). Subject LC: Law—United States—Quotations Access points consist of a table of contents, instructions on how to use the dictionary, guide words, keyword index, and author index. The only appendix was the United States Constitution. This source contains many legal quotations that are arranged by topic and cross- referenced by topic with the quotes attributed to their author and cited to their original source. This source would be extremely useful when authoring any article or brief and would also be helpful to lead one to a case that not only discusses your topic but also supports your position. There is a staggering amount of entries under “labor law”. B. Encyclopedias American Jurisprudence 2d, (Lawyers Co-operative Pub. Co. 1962). This source is updated by pocket parts, supplements, and revised volumes. Subject LC: Law—United States Access points consist of a general table of contents, subject headings and subheadings, subject index, and an exhaustive table of contents at the beginning of each subject. There is also a general index and yearly indices in separate volumes. Appendices consist of a Table of Laws and Rules, and a correlation table. This source gives a general explanation of substantive law that is fairly theoretical with helpful “practice guide” suggestions. This source will generally explain labor law functions, but it is not specialized enough to differentiate between public sector and private sector labor relations. It contains references to case law, statutes, restatements, and West digest and key numbers. 12

Corpus Juris Secundum, (West Pub. Co. 1936). This source is updated by cumulative annual pocket parts, replacement volumes, and additional extra numbered and lettered volumes. Subject LC: Law—United States; Law reports, digests, etc.—United States Access points consist of a general table of contents, subject headings and subheadings, subject index, and an exhaustive table of contents at the beginning of each subject. There is also a general index and yearly indices in separate volumes. Appendices consist of a Table of Laws and Rules, a key number table, and a correlation table. This source is more geared toward further research—it only quickly states the black letter law and then points out how issues may vary by state. Footnotes deal with the differing common law, organized by state. This seems useful to the multi-state practitioner or the attorney who is unfamiliar with the treatment of a topic in a specific state but is already familiar with the basic concepts. It can be helpful to the labor law researcher when they already certain issues are occurring primarily in one region. For example, currently there is an issue in Wisconsin with school funding legislation as it relates to collective bargaining. This source direct the researcher to state issues such as this. Guide to American Law: Everyone's Legal Encyclopedia, (West Pub. Co. 1985). Subject LC: Law—United States—Dictionaries Access points consist of a table of contents, guide words, a name index, and a subject index. Appendices consist of a table of acronyms; a table of legal abbreviations; and the text of the cases, statutes, etc. that are discussed in the signed articles. This source contains discussions of general topic areas with basic descriptions and more specific entries for current legal issues under the topics. Some are extensive signed articles pertaining to hot topics and written by contemporary legal scholars (such as Sarah Weddington). Because this pathfinder topic pertains to changes in labor relations during discrete periods of recent history, this source could be valuable in researching unilateral change in public sector labor relations. The structure and writing style of this source seems geared toward lay people as well as legal researchers. Weinstein, Martin, Summary of American Law, (Bancroft-Whitney 1988). This source is updated by pocket parts. Subject LC: Law—United States Access points consist of a first year law student’s outline of how to read the book, an outline and self-study guide, an extensive table of contents with chapter subsections, guide words, section numbers, and an index by topic. 13

This source gives a good basic overview description of topic areas. It is a good start in research, but not nearly as descriptive as sources like Dunnell’s. However, it is geared toward more of a lay audience than sources previously discussed. It frequently references AmJur2d. ALR (Lawyers Co-operative Pub. 1919-48), ALR2d (Lawyers Co-operative Pub. 1948-65), ALR3d (Lawyers Co-operative Pub. 1965-80), ALR4th (Lawyers Co- operative Pub. 1980-92), ALR5th (Lawyers Co-operative Pub. 1992- ), ALRfed (Lawyers Co-operative Pub. 1969- ), ALR Digest (Lawyers Co-operative Pub. 1919- ), ALR Index to Annotations, (Lawyers Co-operative Pub. 1919- ). This source is updated by pocket parts. Subject LC: United States. Supreme Court. United States Supreme Court reports —Indexes; American law reports annotated. Second series—Indexes; American law reports. ALR 3d—Indexes; American law reports. ALR 4th—Indexes; American law reports. ALR 5th—Indexes; American law reports. ALR federal —Indexes; Annotations and citations (Law)—United States—Indexes; Law reports, digests, etc.—United States—Indexes. Access points consisted of a table of cases and subject annotations. This source gives very comprehensive explanations of the rationale behind recent leading judicial decisions, annotated to underlying legal premises. It is written from the standpoint of the practicing attorney. C. Looseleafs The following are sources from serialized looseleaf services reporting decisions that pertain to public sector labor law. Court Decisions Relating to the National Labor Relations Act: published by the National Labor Relations Board beginning in 1935. Subject LC: Labor laws and legislation—United States—Cases This source is a giant index of headnotes with case citations. Employment Practices Decisions: published by Commerce Clearing House (CCH) beginning in 1971. Subject LC: Discrimination in employment—Law and legislation—United States—Cases This source is a compilation of state and federal decisions divided between decisions covering: agency procedures; preliminary requirements of court actions; procedures and practices of court actions; and defenses, relief, or remedies. Employment, Safety and Health Guide: published by CCH beginning in 1971. Subject LC: Industrial Safety—Law and legislation—United States; Industrial hygiene— Law and legislation—United States 14

This source deals with industry standards, separated between general, construction, agriculture, longshoremen, records, and reporting. It is organized with a topical index, case table, and side tabs. Fair Employment Practice—BNA: published by BNA beginning in 1938. Subject LC: Arbitration—Industrial—United States; Discrimination in employment— Law and legislation—United States; Labor laws and legislation—United States; Wages— United States This source deals with employment practices and unfair labor practices. It is organized with a cumulative digest, index, and table of cases. Labor Arbitration Awards: published by CCH beginning with volume 61-1. Subject LC: Arbitration, Industrial—United States—Cases This source covers federal labor arbitration awards falling under the NLRA and the LMRA. It is organized with topical index, general digest, and current awards digest. Labor Arbitration Information System: published by Labor Relations Press beginning in 1982. Previously published as Public Sector Arbitration Awards (Labor Relations Press 1974-82). Subject LC: Grievance procedures—United States—Periodicals; Arbitration, Industrial— United States—Periodicals; Mediation and conciliation, Industrial—United States— Periodicals This source offers summaries of recent labor decisions, but it does not include the entire decision. This is helpful because arbitration decisions are frequently twenty pages of procedure with only a few helpful paragraphs. It is organized with indexes and a table of cases. Labor Law Reporter: published by CCH beginning in 1980. Subject LC: Labor laws and legislation—United States This source is divided between federal labor relations decisions, state decisions, and wage and hour decisions. It gives the full text of rules, regulations, statutes, and forms applicable to labor law. Using tabs, it divides decisions among the following broad substantive areas: administrative decisions, unfair labor practices, representation elections, collective bargaining, domination, discrimination, coercion, check-off provisions, racketeering, unfair labor practice remedies, and conflicts between federal procedure and state jurisdiction. Labor Relations Reporter: published by BNA from 1935 to 1948. Subject LC: Labor laws and legislation—United States—Digests; Industrial relations— United States—Digests This source divides decisions between labor/management relations, arbitration, state issues, wage and hour issues, fair employment practices, individual employment rights, and Americans with Disabilities Act cases. It has a master index in two volumes with a cumulative digest and a table of cases. 15

Occupational Safety & Health Cases: published by Labor Relations Press from 1974 to 1983. Subject LC: Collective labor agreements—Government employees—United States— Cases; Arbitration, Industrial—United States—Cases This source gives full OSHA-related decisions with topical index and table of cases. Because safety issues frequently figure into bargaining, these decisions influence public sector employers. It is organized by cumulative digest and table of cases. Wage and Hour Cases: published by BNA beginning in 1942. Subject LC: Labor laws and legislation—United States—Cases—Periodicals; Wages— United States—Periodicals; Hours of labor—United States—Periodicals This source includes full decision text from federal courts with an attempt at headnotes. It is organized by cumulative index that includes a digest and table of cases. See also Electronic Resources, Section V for online versions of the above-mentioned sources. The following sources were not examined due to unavailability but may also be useful: Employment-At-Will (New England Legal Publishers from 1983-2000) National Public Employment Reporter (LRP Publications 1979- ). Issued every three months. NLRB Advice Memorandum Reporter (Labor Relations Press 1973- ). Issued every month. NLRB Case Handling Manual (CCH 1976- ). Union Labor Report (BNA 1956- ). Issued bi-weekly. Legal Looseleafs in Print, (Info Sources Pub. 1981). Subject LC: Loose-leaf publications, Legal—United States—Bibliography; Law —United States—Bibliography Access points consist of a table of contents; a title list; publisher index; subject index; and an electronic format index for CD-ROM, diskette, online (government sources), and internet (publisher sources). Appendices consist of publisher directory and a list of cessation and deletion. This source is a list of available looseleafs listing title, author/editor, publisher, year of first publication, number of volumes, prices, frequency of supplementation, price of supplements, Library of Congress numbers, OCLC numbers, and Library of Congress 16

classifications. This source is helpful if one already knows the name of a specific looseleaf from previous practice and needs to locate it or if in need of a topical looseleaf. However, there is no specific listing of specific topics covered. It is a good starting place for searching looseleafs, but it is hardly comprehensive. D. Newsletters and Periodicals A special note regarding labor-specific sources: while there are hardcopy newsletters, there is also an abundance of free online sources, which are presumably reliable because they are issued by government agencies, making the hardcopies obsolete. 1. Legal Newsletters and Periodicals Legal Newsletters in Print, (Infosources Pub. 1985- ). Subject LC: Law—United States—Periodicals—Bibliography—Periodicals Access points include table of contents, title list, deletions from previous editions, publisher index, database/content provider list and index, thesaurus of subject headings, and subject index. Appendices and discrete sections include newsletters online, newsletters on the internet, newsletters registered with copyright clearance center, and newsletters that accept advertising. This source is a list of newsletters organized mainly by title but with subject and publisher index. There is contact information for the newsletters including address, phone, fax, email, URL, bibliographic information, publication dates, and price. This source is helpful if you already know the name of a specific newsletter and need to locate it or if you want a topical newsletter. It is organized with subject, publisher, database, and internet indexes. It is a good starting place for searching newsletters, but it is hardly comprehensive. For the labor law researcher, one may check listings under “labor” or “labor relations”. More information can be found at http://www.infosourcespub.com/book6. Index to Legal Periodicals, (H.W. Wilson Co. 1929- ). Also available online. Subject LC: Law—United States—Periodicals—Indexes; Law—Periodicals— Indexes Access points consist of table of contents, subject and author index, table of cases, table of statutes, and book reviews. This source gives a comprehensive listing of articles, case notes, and bibliographies appearing in legal periodicals and books published in the U.S., Canada, Great Britain, Ireland, Australia, and New Zealand. It is also available for a fee at http://www.hwwilson.com. 17

Current Law Index, (Information Access Corp. 1980- ). Also available online. Subject LC: Law—Periodicals—Indexes; Law—United States—Periodicals— Indexes Access points consist of a perfunctory table of contents, table of cases, table of statutes, subject index, author/title index. Appendices consist of a list of journals covered. This source is a list of legal articles and books with citations. This would be helpful for finding information under the subject headings, but the headings are very broad, so you would have to sort through a lot of resources to find something on point—there is no way of narrowing the search using the book version. This can be easily done with Boolean searching on the electronic versions. This source can be found on several online databases: on Westlaw under LRI; on Lexis under LGLIND; or on the LegalTrac cite, available at http://infotrac.galegroup.com. Index to Periodical Articles Related to Law, (Glanville Publications Inc. 1958- ). Subject LC: Law—Periodicals—Indexes Access points consist of a table of contents, subject index, and author index. Appendices consist of a listing of other indexes covering articles related to law. This source provides a topical and author index to periodical articles related to the law. The researcher using this pathfinder would find “labor and labor relations” and “public administration” helpful. 2. Cross-Disciplinary Newsletters and Periodicals The following periodical articles are examples of cross-disciplinary periodical materials that are available by search through LUMINA’s non-legal databases. Databases searched were: Industrial Relations, Public Affairs, Business and Economics, Social Sciences, Social Sciences Citations. The authors’ abstracts have been included. Lavigna, R.J., “Best practices in public-sector human resources: Wisconsin State Government”, Human Resource Management 369-384 (John Wiley & Sons Inc. Fall 2002). This article discusses reforms necessary in government human resources systems to facilitate greater efficiency in dealing with labor unions. It specifically examines these reforms in the Wisconsin Department of Employment Relations. Alesina, A. et al, “Fiscal Policy, Profits, and Investment”, American Economic Review 571-589 (American Economic Association June 2002). 18

This article discusses the negative effect of public spending on government and private employment. Erickson, C.L. et al, “Justice for Janitors in Los Angeles: Lessons from three rounds of negotiations”, British Journal of Industrial Relations 543-567 (Blackwell Publishing Limited September 2002). This article discusses legal, industrial, and political conditions under which the service industry labor union will thrive in the future. E. Texts & Treatises The following are examples of titles available through MNCAT using the search terms “unilateral change”, “public sector” and “labor” in the Advanced Search. Spengler, Arthur W., Collective Bargaining and Increased Competition for Resources in Local Government, (Quorum 1999). Subject LC: Employee management relations in government—United States; Collective bargaining—Government employees—United States This source covers the employee viewpoint and the taxpayer viewpoint in public sector labor issues. Also, it provides an explanation of the administrative framework directing these interactions. Finally, it demonstrates these issues through a case study. It is organized with a table of contents, index, and illustrative tables. Kearney, Richard C., Labor Relations in the Public Sector, (M. Dekker Inc. 1992). Subject LC: Employee management relations in government—United States; Collective bargaining—Government employees—United States This source discusses issues in bargaining, impasse, strike, and contract administration in public sector labor law. It is organized with a table of contents, glossary, and index. Aaron, Benjamin et al, Public-Sector Bargaining, (BNA 1988). Subject LC: Collective bargaining—Government employees—United States; Collective bargaining—Government employees—Canada This source discusses bargaining in the public sector, the judicial response to resulting conflicts, public sector legislation, how public sector unions are different, and the management role in public sector bargaining. It is organized with a table of contents and an index. Impasse Resolution in the Public Sector: New Directions, (Midwest Center for Public Sector Labor Relations, 1980). Subject LC: Collective bargaining—Government employees—United States; Arbitration, Industrial—Government employees—United States; Mediation and conciliation, 19

Industrial—Government employees—United States; Labor-management committees— United States; Labor laws and legislation—Government employees—United States This source discusses the applications of impasse resolution in Midwest states. It covers this topic in a very narrow, specific manner. The following source has not been examined due to unavailability—it is currently “in process”: Negotiability determinations by the Federal Labor Relations Authority: January 11, 1979 through December 31, 2000, (United States Office of Personnel Management, Office of Workforce Relations 2001). Subject LC: United States. Federal Labor Relations Authority; Collective labor agreements—Government employees—United States; Collective bargaining— Government employees—United States; United States—Officials and employees F. Hornbooks and Nutshells Ray, Douglas E. et al, Understanding Labor Law , (Matthew Bender 1999). This source gives a general overview of the functions of unions and management in labor law. Leslie, Douglas L., Labor Law in a Nutshell, (West Group 2000). Subject LC: Labor laws and legislation—United States; Labor unions—Law and legislation—United States; Collective labor agreements—United States This source gives a general overview of the functions of unions and management in labor law. Nolan, Dennis R., Labor and Employment Arbitration in a Nutshell, (West Group 1998). Subject LC: Arbitration, Industrial—United States This source gives a general overview of arbitration and the role of parties and procedure in arbitration. Brown, Douglas, Trade Union Law in a Nutshell, (London, Sweet & Maxwell 1969). Subject LC: Labor unions—Law and legislation—Great Britain This source gives a very union-side bias. It provides a good glimpse into that perspective, but it only covers trade unions. Employment Law, (Mark A. Rothstein, ed., West Group 1999). Subject LC: Labor laws and legislation—United States; Social security—Law and legislation—United States This source covers all facets of employment law, such as discrimination, wage and hour, occupational safety and health, workers compensation, discharge, bankruptcy, and retirement—all of which can be important collateral issues in bargaining. It is organized with a table of contents, table of statutes, and an index. 20

G. Digests The West Reporter System includes digests, which highlight the more important cases for specific points of law. These are then categorized and organized by broad area of law using the West Key Number system. The West key numbers that apply to labor law are 232Ak1-k1685. The NLRB has developed its own classification system similar to the West key number system. It is codified at the following title: Classified Index of National Labor Relations Board Decisions and Related Court Decisions, (U.S. G.P.O. 1986). This source is updated with cumulative supplementary indexes. Subject LC: Labor laws and legislation—United States—Cases—Indexes H. Directories Martindale-Hubbell Law Directory, (Martindale-Hubbell Law Directory 1931- ). This source is updated annually. Subject LC: Lawyers—United States—Directories; Lawyers—Canada— Directories; Law—United States—Digests; Law—Canada—Digests Access points consist of guide words and an alphabetical index. Appendices consist of expert witness listings and consultant listings. This source is a state by state (further narrowed by city) listing of law firms with brief biographical and contact information of their attorneys. It would be useful for contacting labor management practitioners. It is also available online at www.martindale.com. Directory of Corporate Counsel, (Harcourt Brace Jovanovich 1980- ). Subject LC: Corporate legal departments—United States—Directories; Lawyers —United States—Directories Access points consist of table of contents, guide words, index by name, geographic index, corporations and organizations index, non-profit organizations index, and law school alumni index. This source is a list of corporate counsel contact information and biographical information. It would be useful for contacting labor management practitioners. This source is also available one Westlaw in the CORP-DIR database. Washington Information Directory, (Congressional Quarterly 1975- ). Subject LC: Washington (D.C.)—Directories; Washington Metropolitan Area— Directories; Executive departments—United States—Directories 21

Access points consist of general table of contents, list of “Boxes and Illustrations”, a specific table of contents for each heading, name index, and subject heading. This source is a list of addresses, phone numbers, contact names, and descriptions of organizations based in D.C. ranging from advocacy groups to the 107th Congress. This is a good resource to get in touch with practitioners to get up-to-date information. Encyclopedia of Associations, (Gale Research Co. 1989- ). This source is supplemented annually. Subject LC: Associations, institutions, etc.—Directories Access points consist of table of contents for each volume broken down by parts and sections; guide words; name index; and keyword index. The only appendix is a list of abbreviations and symbols. This source is a list of associations broken down by subject area with contact information (address, phone, fax, email, URL), a brief history of each association, and a description. This would be a useful resource to learn more about labor unions and to contact them directly for information. This source is also available online at http://library.dialog.com/bluesheets/html/bl0114.html. Law and Legal Information Directory, (Gale Research 1980- ). Subject LC: Law—United States—Directories; Law—United States— Information services—Directories; Law—United States—Societies, etc.— Directories; Law—Canada—Information services—Directories Access points consist of table of contents and section descriptions for areas in the table of contents. This source is a list of associations broken down by subject area with contact information (address, phone, fax, email, URL), a brief history of each association, and a description. This would be a useful resource to learn more about organizations that are actors on the legal scene. Federal Yellow Book, (Washington Monitor 1976- ). This source is updated quarterly. Subject LC: Administrative agencies—United States—Directories; Executive departments—United States—Directories; United States—Officials and employees—Directories Access points consist of table of contents, subject index, name index, and organization index. 22

This source is a listing of members of the executive branch, departments, and agencies (organized following these three categories) with pictures, biographical information, contact information, and staff information. It pertains to offices in Washington D.C. Federal Regional Yellow Book, (Monitor 1993- ). This source is updated semi- annually. Subject LC: Administrative agencies—United States—Directories; Executive departments—United States—Directories; United States—Officials and employees—Directories Access points consist of table of contents, geographical index, name index, and organization index. This source is a listing of members of federal departments, independent agencies, congressional support agencies, U.S. embassies, and foreign service posts outside of Washington D.C., with biographical information, contact information, and staff information. It is organized by region. I. Government Publications and Statistical Data Virtually all applicable government statistical data is available online free of charge. The following URLs supply the most up-to-date information. MarciveWeb DOCS - Express Search: http://www.marcive.com/webdocs/webdocs.dll This source is the catalog for the GPO and features a link to many government docs from July of 1976 to present. It allows the researcher to find statutes, regulations, and other government documents online. United States Department of Labor website: http://www.dol.gov/ The Department of Labor “administers a variety of Federal labor laws including those that guarantee workers’ rights to safe and healthful working conditions; a minimum hourly wage and overtime pay; freedom from employment discrimination; unemployment insurance; and other income support”. This source supplies a research library with business and economic statistics, links to all DOL agencies, compliance assistance, current rules, proposed changes in the current rules. It is helpful to the labor law researcher because the DOL and its subordinate agencies frequently propose rules modifying and regulating labor relations. This website is a good source of pending or recent changes in the NLRA, LMRA, and legislation collateral to these acts. United States Equal Employment Opportunity Commission website: http://www.eeoc.gov/welcome.html 23

The Equal Employment Opportunity Commission was created by Title VII of the Civil Rights Act of 1964, and is guided by federal legislation and executive orders. This source provides EEOC guidelines, Congressional reports, statutory authority, and enforcement activities. This information will help the researcher understand how changes in discrimination law will affect the application of Section 8(a)(3) of the NLRA to labor relations. National Labor Relations Board website: http://www.nlrb.gov/ The NLRB is an independent Federal agency created in 1935 to enforce the National Labor Relations Act. This source includes recent case summaries, public notices, NLRB forms in PDF, decisions, rules, regulations, manuals, inspector general reports. This gives immediate access to the information, opinions, and decisions that are issued in looseleaf sources. Unlike looseleafs, the information is immediately available and is free of charge. The website contains decisions dating back to volume 272 of the Decisions and Orders of the National Labor Relations Board. J. Practice Materials American Jurisprudence Legal Forms 2d, (Bancroft-Whitney 1971- ). This source is updated using pocket parts and revised volumes. Subject LC: Forms (Law)—United States This source supplies various model forms that may be necessary in specific legal actions. Volume 10b contains material germane to this pathfinder: Labor and Labor Relations. American Jurisprudence Proof of Facts, 3d, (Bancroft Whitney 1988- ). This source is updated using pocket parts. Subject LC: Evidence (Law)—United States This source supplies model question patterns for specific legal actions. Volume 53 contains material germane to this pathfinder: Labor and Labor Relations. Shepard’s Causes of Action, (McGraw-Hill 1983- ). This source is updated with annual pocket parts. Subject LC: Actions and defenses—United States; Trial practice—United States This source lists elements necessary for alleging causes of action. Volume 18 contains material germane to this pathfinder, referring to the LMRA. American Jurisprudence Trials, (Bancroft-Whitney 1964- ). This source is updated by pocket parts. Subject LC: Trial practice—United States 24

As the extended title explains, this source is “an Encyclopedic Guide to the Modern Practices, Techniques, and Tactics Used in Preparing and Trying Cases, with Model Programs for the Handling of All Types of Litigation”. Volume 23 specifically refers to labor and labor relations. K. Continuing Legal Education Materials Continuing Legal Education materials often are an excellent source of current case law updates and current trends in discrete fields of practice. Although frequently available in hard copy at law libraries, one can also find these materials online. The researcher may check the Practising Law Institute website at www.cle-net.edu. Also, the researcher may consult the American Law Institute-American Bar Association website at www.ali- aba.org. The following are several examples of materials available when using the search terms “labor law”, “public sector”, and “legal education” simultaneously in MNCAT’s Advanced Search. Labor & Employment Law Institute, The 28th Annual Labor and Employment Law Institute, (Minnesota State Bar Assoc. 2001). Subject LC: Labor law and legislation—Minnesota; Labor law and legislation— United States This source contained the following subheadings: Recent U.S. Supreme Court cases; The impact of the National Labor Relations Act in the non-union workplace; What employment law attorneys need to know about discrimination in employee benefit plans; Hot issues in the public sector - public sector strikes, furloughs and lockouts; Miscellaneous collective bargaining issues (and the 2001 nurses strike); Sexual harassment: latest developments; Section 1983 litigation in the public sector; New frontiers in organizing; Recurring issues : emotional distress claims; Emotional distress claims : the plaintiff's perspective; Current issues in arbitration. The researcher may find the public sector-specific materials helpful as well as the information regarding the recent nurses strike. Madden, Frank J. et al, Public Sector Labor/Employment Law, (Minnesota Institute of Legal Education 2002). Subject LC: Civil service—United States; Civil service—Minnesota This source contained the following subheadings: Off-duty misconduct; Public sector employer investigations; Computer misconduct: pornography in the workplace; Sexual addiction and the workplace: a public sector employer’s response; Public finance relations 101: a city perspective; Employment law update. This CLE contains many pertinent sections discussing public sector management issues and is very helpful to the public sector labor researcher. 25

Emerging Issues in Public Sector Labor/Employment Law, (Minnesota Institute of Legal Education 1997). Subject LC: Labor laws and legislation—United States; Labor laws and legislation—Minnesota This source contained the following subheadings: Multiple forums, arbitrability and judicial review of arbitration awards; An arbitrator’s perspective; Discipline in arbitration: misconduct, drug and alcohol abuse; Discipline for off-duty sexual conduct; Recent developments in public sector labor/employment law. The section on recent developments is important to this pathfinder because the researcher is examining public sector labor relations during the current period of fiscal crisis. V. Electronic Resources A. Westlaw Westlaw is one of the two primary online legal databases, available at www.westlaw.com. This source is a cumulation of most primary and secondary legal sources. It is divided into several databases, which can be searched using a terms and connectors search with standard Boolean operators or with a natural language search. Because of the separation of materials into discrete databases, one must know where to begin his or her search. The pertinent databases for this pathfinder are as follows: Federal cases; federal statutes; federal administrative materials; states cases; state administrative materials; public employees (dealing specifically with public labor cases); occupational health & safety (dealing specifically with cases arising under OSHA); arbitration & mediation; daily reports & current developments (reporting the latest developments in labor law); BNA labor databases; law reviews, bar journals & legal periodicals; other legal materials, news & information; forms, treatises, CLEs, and other material; Americans with Disabilities Act; Wage and Hour Act (dealing with issues arising under the Fair Labor Standards Act). B. Lexis Lexis is the other of the two primary online legal databases, available at www.lexis.com. This source is a cumulation of most primary and secondary legal sources. It is divided into several databases, which can be searched using a terms and connectors search with standard Boolean operators or with a natural language search. Because of the separation of materials into discrete databases, one must know where to begin his or her search. The pertinent databases for this pathfinder are as follows: Multi-source groups; cases; statutes & legislative materials; administrative materials & regulations (providing further interpretive material for the NLRA and LMRA); law reviews & journals; treatises & analytical materials; CLE course listings & information; legal news; general news & information; legal reference materials; medical news & 26

information (providing information contributing to changes in OSHA standards, which collaterally affect labor relations); model ADR practices and procedures; clauses; national underwriter. C. Other Internet Resources BNA Labor and Employment Law Library: www.bna.com This source contains both a discrete labor database and employment database. Alternatively, one may search a joint database of labor and employment materials. In addition, one can narrow the search to only Wage & Hour (WH); LRRM court decisions; LRRM NLRB decisions; ADA decisions; Fair Employment Practices (FEP) decisions; Individual Employment Rights (IER) decisions; and Labor Arbitrations. One can search in these designations by BNA cite, case name, date, or jurisdiction. The Wisconsin Bar Association website: www.wisbar.org This source offers free access to Wisconsin case law; administrative decisions; Wisconsin statutes, acts, administrative code, constitution, court rules, a Capitol Update, newly decided case law, ethics opinions, and legal forms. Especially helpful is the extensive database of public sector labor grievance arbitration decisions. It is extremely easy to search, with keyword search options by award number, arbitrator, date, or employer. The Wisconsin Employment Relations Commission website: http://badger.state.wi.us/agencies/werc/index.htm This free source offers discrete keyword searchable databases of case law, interest arbitration decisions, and grievance arbitration decisions. Cornell’s Legal Information Institute website: http://www.law.cornell.edu/topical.html#employment%20law The LII's "Law About" pages provide brief summaries of law topics with links to key primary source material, other Internet resources, and useful offnet references. They can be accessed through: the following set of broad topic categories (scroll down), through an alphabetical listing of topics, and through a searchable index. D. CD-ROM Directory of Law-Related CD-ROMs, (Infosources Pub. 1992). This source is updated with a new volume annually. Subject LC: CD-ROM publishing—United States—Directories; Information storage and retrieval systems—Law—United States—Directories 27

Access points consist of table of contents, CD-ROM product list, publisher/distributor index, search software index, internet index, index for Macintosh CD-ROMs, a list of subject headings, and subject index. This source is a list of what CD-ROM resources are available, how to locate or purchase the resources, and what the price is. The product list gives a description, so one does not need to guess what may be appropriate by product titles like the previous two resources. However, there is still the CD-ROM inconvenience of administering updates. VI. Conclusion During periods of fiscal crisis, public sector employers have found new ways to extend political and constitutional doctrines to increase their ability to carry out unilateral change. At their very core, these doctrines appear to be philosophically sound, accounting for democratic structure and public policy concerns. State governments should retain the sole authority to allocate state funds to subordinate units of government. The legislature should retain the sole authority to appropriate such funds to be allocated. Additionally, the legislature should retain the ability to promulgate such laws that can remedy flaws within the current framework of labor laws. Further, the legislature should remain free to create of hierarchical structure of statutes through preemption. However, with great power comes great responsibility.1 The public sector employer must not be allowed to abuse these principles, abrogating the public employee’s right to effective good faith bargaining through representation. Management abuse of these principles has become more common during periods of fiscal crisis, bowing to political pressures from both the electorate and other branches of government. From here, the responsibility must fall to the courts and labor boards to end this abuse of such constitutional and political principles while preserving the public sector employee’s right to representational bargaining. 1 Spider-man, Raimi (Columbia TriStar Home 2002). 28

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