A Research Guide To The Law of Private Sector Labor-Management Re

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University of Minnesota Law School
Articles Faculty Scholarship
1987
A Research Guide to the Law of Private Sector Labor-

Management Relations
Laura J. Cooper
University of Minnesota Law School, [email protected]
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Laura J. Cooper, A Research Guide to the Law of Private Sector Labor-Management Relations, 79 LAW
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A Research Guide to the Law of Private Sector Labor-
Management Relations*
Laura J. Cooper**
The law of private sector labor management relations involves a

technicalsubject matter andisfurthercomplicatedby sometimes obscure
jurisdictionalstandards.Researchingthe area is done most effectively using
commercially published looseleafservices. ProfessorCooper'sguide ex-
plores the differences between the two major services, discusses other
primary andsecondarysourcesfor laborlaw researchand offers a research
strategy for labor issues.
Table of Contents
I. Introduction .................................................. 388

II. Jurisdiction .................................................. 389
A. National Labor Relations Act of 1935 ...................... 389
B. Railway Labor Act of 1926 ................................ 390
C. State Statutes ............................................. 391
III. Structure and Functions of the NLRB ........................... 391

IV. Research Strategy ............................................. 393
V. Services for Federal Labor Law ................................ 394
A. BNA Labor Relations Reporter ............................ 394
B. CCH Labor Law Reporter ................................. 399
C. Shepard's FederalLabor Law Citations ..................... 401
VI. Secondary Sources for Federal Labor Law ....................... 402

A. Treatises ................................................. 402
B. Periodicals ............................................... 404
C. General Legal Research Sources ............................ 405
D. Labor Law Bibliographies ................................. 405
* © Laura J. Cooper, 1987. The author wishes to thank Linda Taylor and Arlette Soderberg and
all the many students and reference librarians at the University of Minnesota Law School who have made
contributions to this research guide.
** Professor of Law, University of Minnesota Law School, Minneapolis, Minnesota.
388 Law Library Journal [Vol. 79:387
VII. Primary Sources for Federal Labor Law ......................... 405

A. Statutes and Legislative History ............................ 405
B. Administrative Law and Information ....................... 407
1. National Labor Relations Board ......................... 408
2. National Railway Adjustment Board and National Media-
tion Board ............................................ 410
3. Federal Mediation and Conciliation Service ............... 411
C. Case Law ............................................... 411
VIII. State Law Research ........................................... 412
A. Matters Governed by State Law ........................... 412
B. Research Strategy ........................................ 413
C. Using Looseleaf Services to Research State Law ............. 413
1. Labor Law Reporter ................................... 413
2. Labor Relations Reporter ............................... 414
IX. Collective Bargaining .......................................... 415
X. Computer-Assisted Research .................................... 416
A. DIALOG ................................................ 416
B. LEX IS .................................................. 416
C. W ESTLAW ............................................. 416
XI. A Note on Authority and Citation Form ........................ 417
I. Introduction
This is a guide to researching the law governing private sector labor-
management relations, including employee organizational rights, unfair labor
practices, representation elections, and collective bargaining. The guide is
designed for someone with general legal research skills who wants to learn
about labor law research. It assumes a basic knowledge of statutory and case
law research.
I recommend that this guide be read in its entirety initially. Material in
one section is often relevant for other sections. Some redundancy is inevitable
because of the sometimes circular nature of legal research. Later sections
refer to earlier ones without verbatim repetition, and logical abbreviations
are used after a source or service name has been spelled out once.
Labor-management relations law is based on federal and state statutes.
The major division is between laws governing the private sector and those
governing the public sector. The private sector includes employees and
employers in privately owned, for-profit or not-for-profit businesses. Public
sector law governs the relationship between government employees and the
unit of government that employs them, whether at the local, state, or federal
level. This article covers only private sector law.
19871 Private Sector Labor-Management Relations 389
The most comprehensive and well-developed body of labor law stems

from the National Labor Relations Act of 1935 (NLRA),' as administered
by the National Labor Relations Board (NLRB). It governs the relationship
between most employers and employees in the private sector. Both state private
sector labor law and state and federal public sector labor law depend on the
law developed under the NLRA as a guide. For research in these other areas,
especially on uncertain or undeveloped issues, research in NLRA law is helpful
to assist with analysis and for purposes of analogy.
One body of labor-management relations law that stands alone stems from
the Railway Labor Act of 1926 (RLA). 2 This is the oldest body of labor law,
and it governs relations within the railroad and airline industries. While many
of the basic policies are similar to those of the NLRA, its internal mechanisms
and procedures differ significantly. It forms a separate and distinct system
that is less open to analogy than is NLRA law.
Once the researcher has decided whether the issue needing research in-
volves the public or private sector, the next question is which body of law
within that sector governs the employer and employees involved. Because
the statutes do not define jurisdiction except in broad terms, it is necessary
to research the issue of jurisdiction carefully through agency and court deci-
sions. What follows is only a general guide.
II. Jurisdiction
Within the private sector there are three sources of labor relations law:
the National Labor Relations Act, the Railway Labor Act, and state labor
relations statutes. The first two are federal statutes; to the extent that federal
statutes assert jurisdiction over disputes, states are precluded from asserting
jurisdiction over the same issues.
A. National Labor Relations Act of 1935

The NLRA created the National Labor Relations Board to conduct
representation elections and remedy unfair labor practices. The Act asserts
jurisdiction over labor disputes arising between employers and employees in
businesses affecting commerce. The terms "employers," "employees," and
"affecting commerce" are defined generally in section 2 of the NLRA. More
specific standards are found in regulations and decided cases. In one of the
rare uses of its rule-making authority, the NLRB promulgated rules defining
jurisdiction over colleges and universities, 3 symphony orchestras," and the
horse racing and dog racing industries.'
1. 29 U.S.C. § 151-87 (1982).
2. 45 U.S.C. § 151-88 (1982).
3. 29 C.F.R. § 103.1 (1986).
4. Id. § 103.2.
5. Id. § 103.3.
Most of the Board's standards for asserting jurisdiction are found in ad-
judicatory decisions of the Board. These decisions are cited in the annota-
tions to section 152 in the United States Code Service (U.S.C.S.). 6 The Labor
RelationsExpediter (LRX) binder of the Bureau of National Affairs' (BNA)
LaborRelationsReporter (LRR) service, 7 also provides an overview of jurisdic-
tion of the Board starting at LRX 373.
While the Act's jurisdictional scope extends to all businesses "affect[ing]
the flow of commerce,"' the Board has chosen to limit its exercise of authority
to employers who have a significant impact upon commerce. These jurisdic-
tional standards generally rest on the dollar amount of business done by the
employer, determined by gross annual volume of business or interstate in-
flow or outflow of goods and services to or from the employer or a combina-
tion of the factors. 9 Broadly, the standards are $50,000 annually for nonretail
(wholesale or manufacturing) operations and $500,000 annually for retail
operations.'" The major exclusions from jurisdiction of the NLRA are airlines,
railroads, agricultural workers, and government employees. Check the specific
standards in each case where jurisdiction of the NLRA is in question.
B. Railway Labor Act of 1926

The jurisdictional scope of the Railway Labor Act is determined by the
statutory terms "carrier," "employee" and "commerce" defined in the Act." '
Because part of the definition of "carrier" includes all companies subject
to the Interstate Commerce Act,' 2 the jurisdictional section for that Act 3
is also important. Thus, although it does not directly administer the RLA,
the Interstate Commerce Commission does determine some jurisdictional issues
under the Interstate Commerce Act. Air carriers were expressly included in
the jurisdiction of the RLA in 1936.' ' The U.S. Code Service cites many
court decisions on jurisdiction.'I The RLA covers more supervisory employees
than the NLRA does. The RLA also covers employees of state-owned car-
riers (government employees).
6. U.S.C.S. is a better resource than the United States Code Annotated (U.S.C.A.) for labor
law because U.S.C.S. includes citations to both court and NLRB decisions, while U.S.C.A. only includes
annotations to court decisions.
7. See infra § V.A.
8. 29 U.S.C. § 151.
9. [LRX] Lab. Rel. Rep. (BNA) 375-76 (July 7, 1986).
10. Id. at 376.
11. 45 U.S.C. § 151.
12. 49 U.S.C. §§ 10,101-11,901 (1982).
13. Id. § 10,501.
14. 45 U.S.C. § 181.
15. 45 U.S.C.S. §§ 151, 181 notes.
1987] Private Sector Labor-Management Relations
The RLA is administered by two agencies. The first, the National Media-
tion Board (NMB), holds representation elections, determines appropriate
bargaining units, mediates collective bargaining disputes, induces parties to
arbitrate and, when necessary, requests the President to appoint emergency
boards to decide disputes.'" The second agency, the National Railway Ad-
justment Board (NRAB), functions essentially as a final arbitration panel
to decide disputes over grievances arising out of the interpretation or ap-
plication of existing contracts.' 7 While the NMB is empowered to establish
an NRAB-like board for airlines, called the National Air Transport Adjust-
ment Board,' 8 it has not done so. The airline industry continues to use
nongovernmental panels for arbitration.
C. State Statutes
States are permitted to regulate labor-management issues not controlled
by federal law where state regulation would not interfere with federal labor
policy. State statutes may be located through traditional legal research skills
or through use of the specialized labor law looseleaf services described in
this research guide. For more information on state labor law, see section
VIII of this guide.
III. Structure and Functions of the NLRB

To do research using materials produced by the National Labor Rela-
tions Board, it is necessary to understand the structure of the agency and
the types of information published by the various institutions and individuals
within the agency. The NLRB is charged by Congress in the National Labor
Relations Act with two functions: to remedy unfair labor practices and to
resolve questions of representation-that is, whether a group of employees
wish to be represented by a particular union or by no union.
In the performance of these two functions, the NLRB uses four main
parts of the agency.
1. Regionaldirectors.The directors of the NLRB's regional offices make
the initial decisions in representation cases and determine whether to issue
complaints in unfair labor practice cases.
2. Administrative Law Judges. These judges hear trials in unfair labor
practice cases and issue recommended decisions for review by the five-member
board.
3. The General Counsel of the National Labor Relations Board. The
General Counsel supervises the regional offices and has ultimate responsibility
16. 45 U.S.C. §§ 154-55.

17. Id. § 153.
18. Id. § 185.
Law Library Journal [Vol. 79:387
for whether complaints should be issued in unfair labor practice cases. The
General Counsel also issues advice memoranda, which either generally or
specifically advise the regional directors of the sorts of cases in which unfair
labor practice complaints should be issued.
4. The Board. The five-member Board, located in Washington, D.C.,
makes final agency decisions in all unfair labor practice cases and some
representation cases.
Here is a brief description of the procedural steps in each of the two
kinds of cases handled by the NLRB. An unfair laborpractice case is com-
menced by the filing of a charge, by any person, with the appropriate regional
office of the NLRB.' 9 For example, an unfair labor practice charge might
claim that an employer had discharged an employee in retaliation for union
activity, or that a union had engaged in a secondary boycott, or that either
a union or an employer had refused to engage in good faith collective bargain-
ing. The charge is investigated by regional office personnel. If, in the opin-
ion of the regional director, the charge is meritorious and a settlement is
not forthcoming, the regional director issues a complaint against the employer
or union. If a regional director determines that no complaint will be issued,
that decision is subject to review by the General Counsel. If the General
Counsel concurs that no complaint should be issued, that decision is not sub-
ject to judicial review.
In those cases where a complaint has been issued, the case then goes to
trial before an Administrative Law Judge. At the trial, the party who bears
the burden of proof is the General Counsel, who, in practice, is represented
by an attorney from the regional office. The party who filed the charge also
can participate in the proceedings as the charging party. The party against
whom the charge was filed is the respondent. Following the conclusion of
the trial, the Administrative Law Judge files a recommended decision, set-
ting out the facts and analysis in considerable detail. Any party who disagrees
with the findings of the Administrative Law Judge may file exceptions with
the five-member NLRB in Washington. The NLRB reviews the decisions of
the Administrative Law Judges, usually in panels of three. Often the Ad-
ministrative Law Judges' decisions are adopted with only a brief opinion
by the NLRB. Sometimes more extensive opinions, which include concur-
rences and dissents, are written. It is usually necessary to read the recom-
mended decision of the Administrative Law Judge to understand fully the
brief decision of the NLRB. Decisions of the NLRB are not legally binding
unless they are enforced by one of the federal courts of appeals. The NLRB
may seek judicial enforcement of its own orders, or any party aggrieved by
19. The appropriate regional office can be located in the directories contained in the BNA and
CCH services. See infra § V.
a decision of the NLRB may seek to have it set aside or modified in a federal
court of appeals. Decisions of the circuit courts in NLRB cases are subject
to Supreme Court review in the same manner as other circuit court decisions.
A representation case is commenced by the filing of a petition in the
regional office. This might be a petition by a union seeking to gain represen-
tative status, an employer seeking to determine if its employees wish to be
represented by a union, or a group of employees seeking to reject a union
as their representative. The regional office also considers, less frequently,
petitions seeking to amend or clarify a certification of representation, or to
determine whether a union can continue to require employees to pay dues
to their union representative (a deauthorization election). Any issues raised
by the representation case are initially determined by the regional director.
These issues might include such matters as whether the case comes within
the jurisdiction of the NLRB, how the appropriate bargaining unit should
be defined, and whether the employer or union, during the course of a union
representation campaign, acted in a way that warrants invalidating the elec-
tion results. Some of these cases are decided by the regional director on the
basis of a field investigation by a staff member from the regional office.
Other cases are decided by the regional director after an investigatory hear-
ing conducted by a hearing officer (not an Administrative Law Judge) who
is a field examiner or attorney on the staff of the regional office. A party
aggrieved by a decision of a regional director in a representation case may
seek review by the five-member Board by filing an exception, but this review
is discretionary. If the case is selected for consideration by the NLRB, an
opinion of the NLRB will be published. Neither the Board's decision in
representation cases nor its decision not to consider a representation case
are subject to direct judicial review, although sometimes these issues are re-
viewed by the courts of appeals engaged in review of a related unfair labor
practice case.
This research guide provides assistance in locating the materials produced
by each of the four entities encompassed within the NLRB: decisions by the
five-member Board in representation cases and unfair labor practice cases;
advice memoranda of the General Counsel regarding the issuance of com-
plaints in unfair labor practice cases; recommended decisions of Administrative
Law Judges in unfair labor practice cases; and decisions of the regional direc-
tors in representation cases.
IV. Research Strategy

Research in labor relations law is quite different from usual case or
statutory research. While all labor relations law is based on statutes, the statutes
themselves tend to be general and often rather vague. The majority of the
law comes from agency, court, and arbitrators' decisions. Agency and ar-
bitrators' decisions are not readily accessible through traditional statutory

or case law research tools. The complexity and rapid development of the
law renders statutory annotations inadequate for finding necessary case law.
The best place to begin is with one of the looseleaf services that specializes
in labor relations law. Commerce Clearing House (CCH) and the Bureau
of National Affairs (BNA) both publish looseleaf labor law services. The
services each provide a central research tool that allows access to other parts
of the service and to primary sources outside the service. They also provide
a good overview of the law by subject area and lead to a better-informed
and thus easier approach to using more traditional research skills. An addi-
tional advantage of the services is that their looseleaf format permits revision
and addition of new materials to continually update this area of constantly
developing law.
Despite their initial helpfulness, the services do have limitations. Like
any other publisher's case digest or analysis, they carry no weight of author-
ity. They should be cited (1) as a parallel citation to an official reporter or
(2) alone when they report a case not yet reported in an official reporter
or if an official reporter is unavailable. (For example, many libraries do not
receive the advance sheets for the Decisionsand Ordersof the NationalLabor
RelationsBoard.) Editorial discretion also causes the services to be incomplete
sources of authority. Not all cases are reported in either the BNA or the
CCH service, and agency decisions are usually not reported in full text. In
addition to substantially editing agency decisions, the looseleaf services omit
the decisions of Administrative Law Judges, which frequently are necessary
to understand fully an NLRB decision.
The services provide citations to other reporters so that research can be
continued along more traditional lines. Statutes, case law, computers, treatises
and periodicals all are more easily used in research after a general overview
of the subject or issue has been gained through a looseleaf service.
V. Services for Federal Labor Law

A. BNA Labor Relations Reporter
The Bureau of National Affairs publishes a large amount of labor law
materials in its Labor Relations Reporter. There is a guide to its use at the
front of the MasterIndex volume. The BNA service is much more commonly
used in practice and much more frequently used for case citations than the
CCH LaborLaw Reporter.20 New materials are added to the BNA Reporter's
looseleaf binders weekly so that it is substantially more current than primary
sources. Cases and most other materials published initially in looseleaf form
20. See infra § V.B.

later appear in bound volumes. A separate BNA service, Collective Bargain-

ing Negotiations and Contracts, is discussed in section IX of this guide.
The Labor Relations Reporter contains texts of federal and state laws
for both private and public sectors, agency and court decisions, digests and
cross-reference materials, brief encyclopedia-type summaries on various topics
in labor law, current information on developments and trends, and labor
market statistical information.
The Reporteris composed of several binders. Those discussed in this ar-
ticle are the MasterIndex, Labor RelationsExpediter or LRX (two volumes),
Analysis/News and BackgroundInformation, LaborManagementRelations:
Decisions of Boards and Courts, LaborArbitrationandDispute Settlements,
and State Laws.
Binders relating to other aspects of employment law, such as wage and
hours laws, fair employment practice laws, and individual employment rights,
are not discussed in this guide. Of considerable current interest, however,
are volumes 9 and 9A, IndividualEmployment Rights. One volume contains
cases; the other is a manual, organized by state name and by topic, describ-
ing the law governing employees in the absence of, or despite the existence
of, a collective bargaining relationship.
LaborRelations Reporter uses a classification number system based on
a topical index similar to West's key number system. A good place to begin
is with the LRX binders, which contain, in part, short, encyclopedia-like sum-
maries of various topics. The first of the two LRX binders (the one with
a single star on the binding) contains an index section arranged by topic and
by important case names. LRX has a master index and usually one or more
supplemental indexes, so be sure to check each. LRX is also indexed in the
longer general index (often also with supplemental indexes) in the Master
Index binder. The MasterIndex refers to other parts of the LaborRelations
Reporter as well as to LRX. All these indexes include, along with traditional
topical subject headings, the names of landmark Supreme Court and NLRB
cases. This makes it easier to locate the appropriate entries if the researcher
has a basic familiarity with labor law. Of the two indexes, the LRX index
is shorter and, therefore, finding topics is quicker.
References in the LRR to the Expediter are always prefaced by "LRX,"
and the numbers refer to the page numbers in the first LRX binder. The
page contains a discussion of the topic in summary form. The appropriate
classification number for that topic, which appears just after the heading
of the summary, is important for further research. Where appropriate, the
summary also cites major cases relating to the topic. Once the summary has
been read, the researcher has acquired a general overview of the subject, in-
cluding other topics or subtopics to explore; classification number(s) for fur-
ther research; and cites to a few important cases, agency decisions, arbitra-
tion awards, statutes, or rules, which may be used for further research in
LRR or elsewhere. If the general index of the Master Index binder is used,
the researcher also may find an additional or duplicate classification number
and a reference to texts of federal or state statutes.
To use the classification number, one turns to the Master Index binder
which contains five separate "Cumulative Digest and Index" sections, one
each for: Labor Management Relations (LR), Fair Employment Practices
(FEP), Labor Arbitration and Dispute Settlements (LA), Wages and Hours
(WH) and Individual Employment Rights (IER). The classification number
begins with letters (LR, FEP, LA, WH, or IER), followed by a b- and the
number (such as LR 0- 52.27). The letters designate which cumulative digest
to consult. At the front of each cumulative digest section there is a classifica-
tion outline listed by number. This is a good place to find other numbers
for closely related topics or to check to make sure that the classification
numbers obtained accurately reflect the research objective.
The cumulative digests are similar to other case digests except that most
of the references are to LRR materials. In recent volumes, however, cites
to the official Decisions and Orders of the NationalLaborRelations Board
appear next to internal citations. The digests provide references to court and
agency decisions and arbitrators' awards. In the "LR" dig6st, for example,
references are to the Labor RelationsReference Manual (LRRM); recent deci-
sions are in the Labor ManagementRelations binder, older ones in bound
LRRM volumes. In the "LA" digest, references are to the Labor Arbitra-
tion and Dispute Settlements binder or to the bound Labor Arbitration
Reports. The most current volume probably will have several separate, non-
cumulative digests. It is necessary to check each section of the current digest.
Once a volume of decisions is completed, a final cumulative digest for that
volume appears in the looseleaf master index.
Once the appropriate digest entries are read, the researcher has the original
classification number(s); cites to cases, decisions, awards, or statutes obtained
from LRX; and cites to materials found in the looseleaf cumulative digests.
There are some alternative research strategies at this point. The researcher
may start reading cases or may continue research into less current materials
(materials from more than about one year ago). If a longer list of sources
is desired before reading opinions, the !classification number is used to go
to the paperback and then hardbound volumes of the appropriate cumulative
digests. Each digest covers several volumes of Labor Relations Reference
Manual or LaborArbitrationReports, so more ground may be covered more
quickly. For any classification number, the full range of digested materials
can be obtained only by consulting three digest sources: the looseleaf binders
for the most current digests; the paperback digests, each of which includes
a cumulative digest for three volumes of decisions of less current material;
and hardbound volumes, each covering several Labor Relations Reporter
volumes of older material.
19871 Private Sector Labor-Management Relations
Once the source list is long enough, the researcher can go to the appropriate
LRRMor LA volume to find the case, decision, or award. Any cites to volume
numbers higher than those in the paperback or hardbound volumes are found
in the Decisions looseleaf binder (for "LRRM") or the Labor Arbitration
and Dispute Settlements binder (for "LA").
LRRM prints full texts of selected court decisions and summaries of all
reported NLRB decisions. It does not print National Mediation Board deter-
minations or National Railroad Adjustment Board decisions under the Railway
Labor Act, but does print related court decisions. LRRM also publishes public
sector labor relations cases but not agency decisions.
After the LaborRelationsReporterhas been exhausted for cases, statutes,
and other materials, it is important to continue research outside it. Because
LRR prints only selected court decisions, the researcher will need to look
elsewhere to determine which other cases may be of value. LRR also prints
only summaries of NLRB decisions. A researcher will need to read the original
text, which also contains the Administrative Law Judge's decision. Shepar-
dizing is important to find modifications, reversals, and related citations.
And, finally, LRR is not an authoritative source for citation purposes.
One way to get from Labor Relations Reporterto primary sources is to
use the parallel citation tables located in the table of cases for each section
in the MasterIndex binder. These are labeled "Case Tables," and they follow
each "Cumulative Digest" section and are separated into LR, FEP, LA, WH,
and IER. The parallel cites list U.S. Reports, FederalReporter,FederalSup-
plement, and Decisions and Orders of the NationalLaborRelations Board
next to LRRM cites. The bound volumes also have parallel cites listed at
the front of each. The most recent tables are likely to be looseleaf and paper-
back. The tables also contain-case tables arranged alphabetically by case name.
Only digests and excerpts of NLRB decisions are available in the LRRM.
These should be read if the researcher desires an abbreviated version of the
case to determine its relevance before reading the whole thing, or if a set
of the official Decisions and Orders of the NationalLabor Relations Board
is not available. Parallel cites to Decisionsand Orders of the NationalLabor
RelationsBoard are listed at the beginning of the decision summary in LRRM.
Looking up the summary is often the fastest way to find a cite to the actual
decision. Note that these cites are to the volume number and decision number
that appear on the mimeographed copies of the decisions. When the deci-
sions are bound, they are given page numbers to replace the decision number.
Each bound volume of the Decisions and Orders has a chart near the front
that converts the decision numbers to page numbers in the bound volume.
NLRB decisions should be cited by volume and decision number only until
they are bound. After binding they are to be cited by volume and page number.
After the researcher has located and read relevant case law, Shepard's
FederalLaborLaw Citationsor LEXIS should be used to locate subsequent

case history and other relevant cases.
A large amount of additional useful information is contained in the Labor
Relations Reporter.
While using the MasterIndex or reading LRX summaries, the researcher
probably has found references to statutes or regulations. Complete texts of
federal statutes and regulations are in the second binder of LRX (the one
with two stars on the binding). State statutes are in the State Laws binder,
where statutes are printed in full by state in alphabetical order. Both sections
print full texts of arguably every statute relating to employment law (including
public sector labor relations statutes). They contain some legislative history,
note major amendments, and contain some editor's notes citing to signifi-
cant case developments.
LaborRelationsReporteralso has two good finding lists to help discover
which section of which statute is applicable to the issue being researched.
The first, for federal statutes, is located at the front of the "Text of Laws
land Regulations" section in the second binder of LRX and is arranged by
topic. For state laws, there is a finding list at the front of the State Laws binder.
The appropriate classification numbers for specific sections of statutes
are found in the last section of the MasterIndex binder: "Statute Coordina-
tion Lists." For labor relations, the section coordinates federal statutes with
classification numbers.
Other volumes of the LaborRelations Reportercontain useful informa-
tion for research in private sector labor relations. Volume 1 of LRX contains
the "Supreme Court Labor Docket," which is an overview of cases before
the Supreme Court. This section is divided into two parts, a table of cases
and a summary of rulings being challenged before the Court and of ques-
tions presented for review. The table of cases has three headings-'"Deci-
sions," "Review Granted," and "Other Action." Cases are listed under five
subclassifications, according to the statutes to which they relate (e.g., Taft-
Hartley Act, Civil Rights Act).
Volume 2 of LRX contains "Directories of National, Regional Offices
of Federal Labor Agencies, Committees, Panels." This section lists names
of directors, addresses, and phone numbers of various agencies, as well as
which states and counties are included in each NLRB region. This informa-
tion is necessary to determine in which regional office to file a representation
petition or unfair labor practice charge.
In the front of the State Laws binder, there is a general discussion of
the "Role of the States in Labor Relations."'"
Volume 1 of LRR: Analysis/News andBackgroundInformation (A/N&B)
21. [4 State Laws] Lab. Rel. Rep. (BNA) 1:1-1:9 (June 10, 1974).
has weekly information supplements that provide in-depth analysis and

background on developments in labor relations and labor law. In the
"Analysis" section, the editors summarize recent cases, previous law in the
area, and the significance of the particular decision. A researcher who iden-
tifies a landmark NLRB or Supreme Court decision should check the current
indexes of the Master Index to determine if an "Analysis" of the case has
been published, which could serve as a shortcut to further research. The "News
and Background Information" section contains information on significant
developments affecting labor relations, with background information on
economic and legal aspects. This section acts as a newsletter reporting on
conferences, speeches, books, governmental reports, personnel changes, and
the like. It also includes a national listing of upcoming conferences of in-
terest to labor and employment professionals.
A/N&B is indexed by topic, case name, or state in the "Current Index
for News and Analysis" section (tab M) of the Master Index binder. The
index is cumulative only for each volume of LRR so you will need to check
a separate index for each volume.
Labor Relations Yearbook is BNA's bound edition of A/N&B. This in-
complete selection of information from the looseleaf A/N&B was published
annually until 1984. While the BNA filing instructions advise subscribers to
discard the previous year's A/N&B, some libraries, on their own, bind the
complete text of the previous year's A/N&B.
B. CCH Labor Law Reporter

Commerce Clearing House, Inc. publishes the LaborLaw Reporter (LLR),
which provides information similar to that furnished by BNA's LaborRela-
tions Reporter.
The Labor Law Reporter is composed of a set of looseleaf binders con-
taining an outline of the basic law, indexes and new matters, and a set of
bound volumes. The principal subjects addressed in the looseleaf volumes
are labor relations, wages and hours, state laws, and employment practices.
There are six volumes of LaborRelations, including an index and case table
volume covering federal laboi relations law. Wages-Hours comprises two
volumes covering federal regulation of wages and hours and special rules
affecting government contractors. The three volumes of State Laws cover
state regulation of labor relations, public employee bargaining, and related
state statutes. Employment Practicescomprises four volumes covering employ-
ment discrimination based on race, color, religion, sex, national origin, and
age, as well as enforcement of equal pay statutes.2 2
22. A separate CCH one-volume binder entitled Labor Arbitration Awards (which is not part of
LLR) contains indexes of awards, current awards, and biographies of arbitrators.
The LLR volume entitled TopicalIndex-FindingLists-Case Tablescon-

tains, behind the tab "How to Use This Reporter," an outline of the con-
tents of the reporter and an explanation of alternative research strategies.
It also provides a working example for research in labor relations, including
photographic reproductions of pages in the LLR.
There is no precise parallel in LLR to the Labor RelationsExpediter in
the BNA LaborRelations Reporter. In 1987, CCH added the Quick Finder
volume, which provides a general description of substantive law behind tabs
for "Labor Relations," "Wages-Hours," and "Fair Employment Practices."
The Quick Finder,however, is not nearly so useful as the BNA Labor Rela-
tions Expediter. Textual material in the Quick Finder includes fewer case
names and citations; the references for further research are provided in foot-
notes, and thus are harder to use than those of LRX; and the index, located
at the end of the textual material, is much less detailed than that of LRX
and does not include case names. The Quick Finder,however, would be one
place to commence research in the Labor Law Reporter.
An alternative, and perhaps more fruitful, place to begin would be the
"Topical Index" in the unnumbered volume TopicalIndex-FindingLists-
Case Tables. Behind the tab "Topical Index-Labor Relations" is a short
"Rapid Finder Index," that covers only principal topic headings; behind this
is the more extensive "Topical Index." Both indexes direct the researcher
to paragraph numbers in the numbered volumes of LLR where two things
are found: a compilation, which is an editorial explanation and overview
of a topic, and annotations that offer brief statements of case holdings followed
by citations. The citations in the indexes to whole numbers are to compila-
tion paragraphs; the citations that include decimals are to annotation
paragraphs. Between the compilation and the annotations for each topic is
a topical list of annotations with annotation paragraph numbers, which pro-
vides a quick overview. Compilations also include a box directing you to
the CCH citations for federal rules and regulations, relating to the subject
of the compilation paragraph. Statutes and regulations are contained in volume
1 of LLR. The annotations that follow the compilation paragraph are cur-
rent only to the latest editorial revision of the compilation paragraph, which
is indicated by the copyright date at the bottom of each even-numbered page.
As in all legal research, initial research must be made current. In LLR, this
is done by reference to the "Topical Index to New Developments" and the
"Cumulative Index to New Developments," both contained behind ap-
propriately marked tabs in volume 4 of the LLR. Behind each of these tabs
are several separate indexes covering different time periods, indicated by the
table of contents for each index. To do a complete search, it is vital to separate
the various indexes by hand or bookmark and to check each index. The topical
index goes from words to paragraph numbers for cases. The cumulative in-
dex goes from compilation paragraph numbers (including annotation

paragraph numbers) to "New Developments" paragraph numbers.
The cases for which paragraph citations have been obtained can be read
in looseleaf volumes 4 and 5 for recent cases and in the hardbound volumes
for earlier cases. There are separate sets of bound volumes for court cases
(CCH Labor Cases)and for Board cases (CCH NLRB Decisions). Like BNA,
CCH publishes full texts of court decisions, but only digests and excerpts
of NLRB decisions. For the full text of Board decisions, including the ap-
pended Administrative Law Judge decisions, it is necessary to consult the
official NLRB reporter and its mimeographed supplements or a computer
service (LEXIS or WESTLAW). The official NLRB citation for a case can
be found by consulting the top of the case excerpt in the CCH looseleaf or
bound volume or by checking the finding lists at the beginning of the bound
volumes of NLRB decisions or behind the tab "NLRB Decisions" in volume
5 of LLR for recent decisions.
After reading relevant case law located through CCH, the researcher should
use Shepard's FederalLabor Law Citations or a computer service to find
subsequent case history and other relevant cases.
In addition to the cases and compilations, the Labor Law Reporter in-
cludes a Supreme Court Docket (in the "Case Table" section of the Topical
Index volume) and, in volume 1, a list of personnel and addresses for labor
relations agencies (including county lists for NLRB regions), and texts of
statutes and regulations.
Overall, the BNA LaborRelations Reporteris easier to use than the CCH
LaborLaw Reporter. Research is more easily commenced in the BNA LRX
than in the CCH indexes and compilations or Quick Finder; BNA bound
volumes include both court and board cases in the same volumes; and BNA
digests contain more information about the case than do the CCH annota-
tions, allowing the researcher more easily to identify cases to read.
For research in NLRB and court decisions, the Labor Law Reporter is
best used when the Labor RelationsReporter is unavailable or as a backup
after a search in the BNA service has been made. For research in arbitration,
however, it is important to use both services because each has an indepen-
dent system for selecting arbitration awards to publish.
C. Shepard's Federal Labor Law Citations

A comprehensive tool for further research, official cites, or updating is
Shepard'sFederalLaborLaw Citations(one set of volumes for statutes and
another for cases). It works exactly like other volumes of Shepard's. It cites
from sections of statutes; CCH, BNA, and Prentice-Hall (PH) reporters;
and Decisionsand Ordersof the NationalLaborRelationsBoardto reporters;
CCH, BNA, and PH services; NLRB Decisions; articles, and other sources.
It also includes tables of cross-references from BNA looseleaf services to
reporters. To find a parallel looseleaf citation for a FederalReporter case,
use the FederalReporter listings in Shepard'sFederalLabor Law Citations
(not the listings in the regular Shepard'sFederalCitations).The parallel cita-
tion to the looseleaf service generally appears only in the first issue in which
that case appears in Shepard's.Another way of locating a looseleaf cite for
a FederalReporter case is to use the case tables in the LaborRelationsReporter
or the LaborLaw Reporter, or LEXIS. Shepard's is an invaluable tool for
research in labor law because its coverage is so broad. It is vital to shepardize
all citations in labor law because it is common for agency decisions to be
judicially reviewed. In order to ascertain subsequent enforcement or case
history, it is necessary to use an NLRB or FederalReporter citation. If you
have only a looseleaf-citation-you-can-use-Shepard's tables of cross-references
to find the parallel citation. Shepard's FederalLabor Law Citationsis also
available on LEXIS, which has the capacity for expeditious cite-checking,
including prior and subsequent case history, through its Auto-Cite feature.
VI. Secondary Sources for Federal Labor Law

A. Treatises
NLRB Representation Elections: Law, Practice and Procedure3 is a
looseleaf text that concentrates on the law and procedure of representation
elections. It is arranged by topics, including: background (historical infor-
mation); recognition, picketing, and filing a petition; NLRB procedures; and
campaign conduct. There are several appendices, with the following titles:
"Jurisdictional Yardsticks," "Community of Interests Checklist," "Tests
of Employee Status," "Campaign Conduct," "Gissel Bargaining Orders,"
"NLRB Forms," and "Regional Offices of the NLRB." Appendices include
examples of campaign materials with citations to determinations of their legal-
ity. The text of the National Labor Relations Act is included in this treatise,
which also contains a table of cases and an index by topic. The information
is presented in encyclopedia-like form but includes substantial detail and cita-
tion to authority.
Theodore Kheel's LaborLaw24 is an eleven-volume work which comprises
volume 18 of the larger set, Business Organizations. It is in looseleaf form
and is updated annually. At the beginning of the first volume are issues of
the companion monthly newsletter Labor Law Report, which contain analysis
and background of leading court and NLRB cases. A general table of con-
23. J. FEERIcx, H. BAER & J. AREA, NLRB REPRESENTATION ELECTIONS: LAW, PRACTICE AND
PROCEDUR (2d ed. 1985).
24. T. KHEEL, LABOR LAW (1972-).
tents for all the volumes is located in the first volume. Eight volumes contain
materials concerning private labor law; two contain materials concerning public
labor law; the final volume is the table of cases and topical index, each of
which is updated by the use of supplements. The information is rather de-
tailed and exhaustively footnoted with cites to and summaries of cases and
statutes.
Four volumes of the Employment Coordinator,a looseleaf service pub-
lished by the Research Institute of America, Inc., are devoted to labor-
management relations. The Employment Coordinatoralso covers such sub-
jects as employee compensation and benefits, employment practices, and
workplace safety. The Coordinatorprovides encyclopedic coverage of employ-
ment law issues, with footnotes to case authorities. In the back of each volume,
behind the tab "Current Matter," are additional references, updated monthly,
to new cases and their holdings, related by paragraph numbers to the main
body of the text. The Employment Coordinatorlacks the comprehensiveness
of the BNA Labor Relations Reporter, but it is a good first reference for
someone seeking to gain basic familiarity with a topic. The Employment Coor-
dinator is probably the best first reference for nonlawyers or lawyers un-
familiar with labor law.
The Developing Labor Law25 is a two-volume work published by BNA
with a cumulative annual supplement. Included in this treatise are the history
of the National Labor Relations Act, protected employee activity, the represen-
tgtion process, arbitration and the Act, economic action, administration of
the Act, and relations between employee and union. There is also a table
of cases and a topical index. This book represents the work of more than
three hundred attorneys working within the Section of Labor and Employ-
ment Law of the American Bar Association. It is an effort to provide a restate-
ment of the law under the National Labor Relations Act. It is accessible,
comprehensive, and well documented. The primary drawback is that its sup-
plements are not issued frequently enough to keep pace with changes in the law.
Basic Text on Labor Law: Unionization and Collective Bargaining"'is
a comprehensive treatise that thoroughly discusses and analyzes a variety of
topics in labor law and policy. It provides an excellent synthesis of the law,
but it has become outdated in some areas. In the back of the book are listed,
for each chapter, citations to significant law review articles and books on
the topic.
Cases and Materials on Labor Law" is a law school textbook now in
its tenth edition. It contains edited versions of the key court and agency deci-
sions as well as short textual essays on some topics. A short bibliography
25. THE DEVELOPING LABOR LAW (C. Morris 2d ed. 1983).

26. R. GORMAN, BASIC TEXT ON LABOR LAW: UNIONIZATION AND COLLECTIVE BARGAINING (1976).
27. A. Cox, D. BOK & R. GORMAN, CASES AND MATERUS ON LABOR LAW (10th ed. 1986).
on labor law, labor history, and arbitration is included at the beginning of

the book. On the first page of each section of the text, the authors provide
a brief list of the best law review articles and books which discuss that topic.
NLRB Practice,8 despite its title, does not cover practice before the NLRB;
instead, it provides a basic guide to substantive law under the National Labor
Relations Act. The text provides extensive footnotes to case authority from
the courts and the NLRB. The appendix includes the text of the National
Labor Relations Act, pertinent regulations, and a few additional agency
documents. NLRB Practice is updated by an annual pocket part.
How to Take a CaseBefore the NLRB29 focuses upon the details of Board
procedure in representation and unfair labor practice cases, with footnotes
to important NLRB and court cases. This book offers more than 100 ex-
amples of NLRB forms and notices, plus over 150 pages of appendices, in-
cluding regulations and other governmental documents describing Board
procedures.
LaborRelations Law in the PrivateSector,3" a publication of the American
Law Institute-American Bar Association Committee on Continuing Profes-
sional Education, is designed primarily for general practitioners and law
students, but is also a possible initial reference for labor specialists. The book
presents an overview of the law and procedure of the National Labor Rela-
tions Board, as well as chapters on federal preemption, antitrust law in the
labor setting, and the duty of fair representation. The text includes citations
to important Board and court decisions and an appendix containing the NLRA.
ALI-ABA also publishes a companion volume, PracticeandProcedureBefore
the NationalLaborRelationsBoard.I The last edition is somewhat outdated,
but a new edition is expected. Practiceand Procedure offers explanations
of Board regulations and other procedural details. The material is presented
in an easily accessible format and is well-indexed. Its appendices include a
directory of NLRB regional offices and their counties of coverage, a useful
practical chart of where and when various documents are to be filed, and
samples of basic NLRB forms.
B. Periodicals
A large number of legal and nonlegal periodicals focus on labor rela-
tions, and all of the general law reviews publish articles concerning labor
relations law.
28. L. MODIBSKA, NLRB PRACTICE (1983).

29. K. McGunEss & J. NoRms, How TO TAKE A CASE BEFORE THE NLRB (5th ed. 1986).
30. F. BARTOSIC & R. HARTLEY, LABOR RELATIONS LAW IN THE PRIVATE SECTOR (2d ed. 1986).
31. T. KAmmoLz & S. STRAUSS, PRACTICE AND PROCEDURE BEFORE TIE NATIONAL LABOR RELA-
TIONs BOARD (1980).
A number of law reviews specialize in labor law. The LaborLaw Journal

publishes short pieces on current developments. The IndustrialRelations Law
Journalpublishes longer scholarly articles on industrial relations. An extremely
helpful section in the back of each issue provides single paragraph abstracts
of recent articles from other journals, organized under five main headings,
and citations to case notes on significant recent cases.
Periodical articles can be found in either the Index to Legal Periodicals
(ILP)or Legal Resource Index (LR1). Both list specific case names and cite
to articles commenting on those cases. LRI indexes more sources than ILP
and includes articles with legal aspects from nonlegal periodicals. The listings
begin with 1980. LRI is available in several formats. Its paper version, Cur-
rent Law Index, indexes the same legal periodicals but not all the other nonlegal
periodicals.
C. General Legal Research Sources
Legal encyclopedias like American Jurisprudenceand Corpus JurisSecun-
dum, and the American Law Reports (ALR) also discuss labor relations topics
and can be helpful in research. They are not as comprehensive, current, or
detailed as the services and treatises. They may be helpful, however, in gain-
ing a general overview of subjects and in defining general issues.
D. Labor Law Bibliographies

Bibliographies of labor law can be helpful to a researcher. Two worth
mentioning here are Jeanne M. Jagelski's Doing Research in FederalLabor
Law32 and Scott B. Pagel's "Federal Labor Law and Its Sources." 33 Jagelski's
work, a short pamphlet prepared by the Library of Congress, describes primary
research sources in labor law and includes a bibliography.
Pagel's article is an excellent exhaustive bibliography of research sources
for federal labor law. This work addresses not only labor management rela-
tions, but also such topics as the civil service, the Fair Labor Standards Act,
equal employment opportunity, and workplace safety.
VH. Primary Sources for Federal Labor Law

A. Statutes and Legislative History
Because most labor relations law is based on statutes, a close look at
statutory language is important in labor law research. The following is a list
of relevant federal statutes.
32. J. JAGELSKI, DoING RESEARCH IN FEDERAL LABOR LAW (1978).

33. Pagel, FederalLaborLaw and Its Sources, LEGAL REFERENCE SERVICES Q., Summer/Fall 1985,
1. The National Labor Relations Act of 1935 (Wagner Act), as amended

by the Labor-Management Relations Act of 1947 (Taft-Hartley Act) and the
Landrum-Griffin Act of 1959, 29 U.S.C. §§ 151-87 (1982).
2. The Labor-Management Reporting and Disclosure Act of 1959
(Landrum-Griffin Act), 29 U.S.C. §§ 401-531 (1982).
3, The Railway Labor Act of 1926, 45 U.S.C. §§ 151-88 (1982).
4. The Anti-Injunction Statute, Section 20 of the Clayton Act of 1914,
29 U.S.C. §§ 51-53 (1982).
5. The Norris-LaGuardia Act of 1932, 29 U.S.C. §§ 101-15 (1982).
6. The Administrative Procedure Act, 5 U.S.C. §§ 551-921 (1982).
When citing the National Labor Relations Act, it is ncessary to cite both
to the section of the Act and to the section as codified in the United States
Code (e.g., National Labor Relations Act § 9(c)(1), 29 U.S.C. § 159(c)(1)
(1982). Labor agency officials and experienced practitioners refer to the NLRA
by section numbers of the Act rather than corresponding section numbers
of tlie Code. Published versions of the Act, using Act rather than Code sec-
tion numbers, can be found in the Labor Relations Reporter at LRX 3751
and in the Labor Law Reporter at volume 1, paragraph 601.
4 These statutes have not been amended often, but it is necessary to use
the most current version and to make sure that any cases used to interpret
statutory language interpret the most current language. United States Code
Annotated (U.S.C.A.) and United States Code Service (U.S.C.S.) keep the
text up-to-date and annotate the statutes. Unlike U.S.C.A., U.S.C.S. cites
to NLRB decisions as well as to court cases. Most of the services and many
treatises also print the full texts of the statutes; some contain annotations
or editor's notes as well.
There are numerous sources for legislative history of labor relations
statutes. The following were compiled by the Department of Labor or the
National Labor Relations Board.
1. Legislative History of the NationalLaborRelationsAct of 1935, SuDoc
# LR 1.5:L 11/6 (two volumes).
2. Legislative History of the Labor-ManagementRelationsAct of 1947,
SuDoc # LR 1.5:L 11/3 (two volumes).
3. Legislative History of the Labor-ManagementReporting and Disclosure
Act of 1959, SuDoc # LR 1.5:L 11/7 (two volumes).
4. Legislative History of the Railway LaborAct, as amended, 1926-1966,
SuDoc # Y 4.L 11/2:R 13/18/926-66 (one volume).
These volumes contain drafts of statutory language, committee reports,
and floor debates. Anyone who has struggled with legislative history research
in other areas will find these a real treasure. They are exhaustively indexed
by subject and statutory section.
Other sources of legislative history information and documents include
UnitedStates Code Congressionaland AdministrativeNews (U.S. C. C.A.N.)
(beginning in 1941), the CongressionalRecord, CongressionalInformation

Service (C.I.S.) (beginning in 1970), and CCH's CongressionalIndex.
U.S.C.C.A.N. prints copies of enacted laws and selected committee
reports. It is published annually with monthly supplements. A shortcut to
finding committee reports and legislative debate is to look up the text of
the statute in U.S.C.A. In the annotation immediately following the text of
the statute is a citation to the committee reports in U.S.C.C.A.N. The first
page of the committee report in U.S.C.C.A.N. indicates on which dates the
legislation was debated in the House and Senate. The CongressionalRecord
for those dates contains a record of debates and proposed amendments.
Another source for floor debates is the annual CongressionalRecord index
volume. The section entitled "History of Bills and Resolutions" lists bill
numbers with page numbers in the CongressionalRecord for any recorded
action on the bill.
The CongressionalInformation Service is an index to the congressional
publications issued since 1970, excluding the CongressionalRecord, but in-
cluding hearings and committee reports. C.LS. is issued monthly, with
cumulative quarterly indexes, and annual cumulations of the Abstracts, and
the Index. The Index is arranged by subjects, names of witnesses, names of
committees, and other references. Each item has a classification number by
which may be found a summary of its contents in the Abstract. Full text
is on microfiche, arranged by year, using the same classification number.
At the end of the Index are tables of bills and reports, which supply classifica-
tion numbers. At the end of each bound volume of the Abstract for years
up to 1983 is an especially useful list, by public law number, of the publica-
tions containing a law's legislative history. Since 1984, this information is
in a separate volume entitled Legislative Histories.
Material prior to 1970, as well as more recent material, is indexed in the
less useful Monthly Catalog of United States Government Publications.
The two-volume looseleaf CCH CongressionalIndex indexes proposed
and enacted legislation for each Congress. Each bill is indexed and summarized.
A status table, which is updated weekly, traces the progress of each bill through
the legislative process. Information similar to that contained in Congressional
Index is also available and more easily accessible from the computer service,
Legi-Slate.
Legislative history information also is included after the text of statutes
in the United States Statutes at Large.
B. Administrative Law and Information

This is an especially important area of labor relations law because the
agencies that implement both the National Labor Relations Act and the
Railway Labor Act are given broad discretion in the interpretation and ap-
plication of statutes regarding administrative law.
The extent of judicial review of agency action is an important issue in
labor law. It is important to check the appropriate sections of labor statutes
as well as the Administrative Procedure Act. For example, findings of fact
by agencies are subject to less scrutiny than findings of law. Some agency
actions, such as the National Mediation Board's determination of appropriate
class or craft under the RLA, are not subject to judicial review.
1. National Labor Relations Board

The National Labor Relations Board, which administers the NLRA, has
both rule-making and adjudicatory powers but rarely uses its rule-making
authority.
Rules promulgated by the NLRB are found in the Code of FederalRegula-
tions at 29 C.F.R. §§ 100-199. The majority of the rules concern the pro-
cedures of the Board. Any rules issued after the most recent C.F.R. volume
can be found in the Federal Register.
The NLRB has several functions and divisions and publishes a large amount
of materials, including decisions, selected dispositions, practice and procedure
guides, and reports.
Decisions are officially published in Decisionsand Ordersof the National
LaborRelationsBoard. Current decisions appear first in mimeographed form;
they are cited by volume and Decision number. Once bound,3" decisions are
cited by volume and page number. A chart in the front of each volume con-
verts the decision number to the page number. Board decisions are the prin-
cipal source of federal private sector labor law. The decisions are digested
and indexed by the Digest and Index of Decisions of the NLRB, SuDoc # LR
1.82, for the years 1935-1970. Since 1970, the decisions have been indexed
by the ClassifiedIndex of N.L.R.B. and Related Court Decisions, SuDoc
# LR 1.8/6:9 (year). The ClassifiedIndex contains short summaries of the
decisions that are indexed using the ClassificationOutline" discussed below.
It also cites related court decisions, Administrative Law Judge decisions, and
NLRB "Stipulation Decisions."
The NLRB publishes much other material, including dispositions of
representation cases on the regional level and dispositions of unfair labor
practice charges by the General Counsel, the prosecutor under the NLRA.
All of this material is published using a rather complicated classification
number system which is explained and listed in the ClassificationOutline.,
34. The Board is running about a year behind in getting the mimeographed decisions into a bound
form.
35. CLASSIFICATION OuTLINE wITH TOPICAL INDEX FOR DECISIONS OF THE NATIONAL LABOR RELA-
TIONs BOARD AND RELATED COURT DECISIONS (1982).
36. There is a shortened guide to the outline in the front of the Current Reports volume of the
NationalLabor Relations Board Advice Memorandum Reporter.
The system is used throughout published NLRB materials. The classification

system is substantially more cumbersome to use than the classification systems
of the BNA and CCH looseleaf services.
The National Labor Relations Board Advice Memorandum Reporter,
published by Labor Relations Press, contains opinions of the NLRB General
Counsel, including decisions on whether to issue complaints in individual
cases as well as directives to the regional offices on how to handle specific
categories of cases. This reporter is the best source of information on the
position of the General Counsel regarding the most current and uncertain
areas of the law. Readers, however, should be cautioned that the General
Counsel's view of the law in a developing area may well differ from the posi-
tion that the NLRB ultimately takes on the issue. The CurrentReports volume
contains a shortened classification index guide; cumulative index listed by
classification number; table of cases arranged by company or union name
(listing case number, date, relevant classification numbers, and location in
the Reporter); "Highlights" (summaries of the memoranda); and full texts
of current advice memoranda. The Reporterhas been bound annually since
1978. Each bound volume contains a cumulative index, a table of cases, and
the memoranda. A few of the most important advice memoranda are also
published in BNA's Labor Relations Reporter.
The Classified Index of Decisions of the Regional Directors of the Na-
tional Labor Relations Board in Representation Hearings, SuDoc # LR
1.8/6-2, uses the NLRB classification system, listing information under the
subject heading and number by company name within each region. The
regional decision on each case and further disposition, if any, is given. The
decisions themselves are available from the issuing regional office or from
the NLRB office in Washington, D.C. Addresses are listed at the front of
the Index. There is more than a year's delay from the issuance of a decision
to its appearance in the Classified Index of Decisions.
The Classified Index of Dispositions of Unfair Labor Practicesby the
General Counsel of the NLRB, SuDoc # LR 1.8/8, indexes regional director
dismissal letters, advice memoranda, appeals memoranda and dispositions. 7
Its format is the same as that of the Classified Index of Decisions of the
Regional Directors described above.
The Office of the General Counsel of the NLRB publishes several prac-
tice and procedure guides. These extremely detailed official guides to NLRB
procedures are designed for the use of NLRB personnel, but may be of use
to others interested in the specific details of how cases are handled by the
agency. It is important to make sure that procedural rules have not changed
since their publication in these guides.
37. The documents indexed are available, for a fee, from the Freedom of Information Officer,
National Labor Relations Board, Washington, D.C. 20570.
NLRB PleadingsManual and Complaint Forms, SuDoc # LR 1.6/2:P

71, is a collection of forms for use by attorneys in the NLRB regional of-
fices. It is in the form of a looseleaf notebook and is indexed at the front.
Guide for Hearings Officers in NLRB Representation Hearings, SuDoc
# LR 1.6/2:H 35.
Guide to BasicLaw and ProceduresUnder the NationalLaborRelations
Act, SuDoc # LR 1.6/2:L 41/2/978.
An Outline of Law and Procedure in Representation Cases, SuDoc
# LR 1.6/2:L 41 (1974-) (updated).
Casehandling Manual, SuDoc # LR 1.6/2:C 26, is in three binders.
Part 1 is UnfairLaborPracticeProceedings(1983); part 2 is Representation
Proceedings (1975); part 3 is Compliance Proceedings (1977).
The Annual Report of the NLRB, SuDoc # LR 1.1: (year), contains
important summary information on Board operations as well as Board and
judicial decisions. It also includes a large number of useful charts and graphs
describing NLRB operations. The AnnualReport is the source of such infor-
mation as the rate of union success in elections, the percentage of unfair
labor practice charges found meritorious, and the percentage of Board cases
affirmed in each of the federal courts of appeals.
The NLRB Election Report, SuDoc # LR 1.16: (Report #), is published
regularly and gives statistics on representation elections. The NLRB Election
Report Glossary, SuDoc # LR 1.16:Glossary, is the key to reading the codes
in the Election Reports.
2. National Railway Adjustment Board and National Mediation Board

These agencies administer the Railway Labor Act. The National Railway
Adjustment Board (NRAB) serves as a master arbitration panel to resolve
contract disputes. Its decisions are published in National Railway Adjust-
ment Board Awards, SuDoc # RA 1. Individual awards can be ordered
from the Board. The awards are bound according to the four separate divi-
sions (regions); only the fourth division has an index. Old decisions from
the 1920s are contained in Railway Labor Board Decisions, SuDoc #
RL-1.6/2:6. Rules for the NRAB are codified at 29 CFR § 301.
The National Mediation Board (NMB) functions somewhat similarly to
the NLRB in determining appropriate bargaining units and holding elections.
It also hears appeals from NRAB decisions, mediates disputes, and may re-
quest the President to appoint an Emergency Board to decide an unresolved
dispute. Determinationsof the NationalMediationBoard contains the deter-
minations of the Board concerning appropriate bargaining units. Indexes are
listed by carrier, by craft or class, and by subject matter. A job title index
indexes cases that decided craft or class representation for each job title. No
judicial review is available for these determinations. The Annual Report of
the NMB, SuDoc # NMB 1.1:(year), contains the year's highlights, sum-
maries of representation cases decided, litigation activities, negotiations, in-
terpretations of agreements and arbitrations, and the annual report of the
NRAB. A series of pamphlets, Administration of the Railway Labor Act
by the National Mediation Board, 1934-1970, SuDoc # NMB 1.2:R
13/4/934-70, gives some historical and policy insights into the NMB. Reports
to the President of U.S. Emergency Boards to the President are generally
at SuDoc # NMB 1.7: (Report Number). Railway LaborAct at Fifty: Collec-
tive Bargainingin the Railroadand Airline Industries, SuDoc # NMB 1.2R
13/5 (1976), is a pamphlet that describes the history of the RLA. Rules for
the NMB begin at 29 CFR § 1200.
3. Federal Mediation and Conciliation Service

The Federal Mediation and Conciliation Service (FMCS) provides
mediators to facilitate agreements in collective bargaining disputes in both
the public and private sectors. The FMCS also provides labor and manage-
ment with names of neutral arbitrators who may be used in grievance ar-
bitration. Its statutory authority comes from 29 U.S.C. §§ 172-74 (part of
the NLRA). The rules for the FMCS begin at 29 CFR § 1400.
C. Case Law
Through a looseleaf service, Shepard's, an encyclopedia, a treatise,
U.S.C.A., or U.S.C.S., the researcher has found cites to cases. There are
several sources for the full texts of court opinions.
Three reporters are specifically for labor cases. CourtDecisionsRelating
to the NLRA, published by the NLRB, is indexed by case name. It prints
cases from all levels of federal courts. Cases appear in publication here as
much as five years after the date on which the decision was rendered. CCH
Labor Cases, a selective reporter of federal and state cases in labor law, uses
headnotes and captions. The table of cases lists by both plaintiff and defen-
dant name and cites to other reporters. The topical index indicates in which
jurisdiction the case was heard. All references to CCH Labor Cases are to
paragraph numbers rather than page numbers. Shepard's, LEXIS and
WESTLAW also cite to CCHLabor Cases. BNA 'sLaborRelationsReference
Manual, discussed at length in section V.A. of this guide, also prints full
texts of selected court decisions. Both Shepard'sand LEXIS cite to LRRM.
General reporters also are sources for the full text of labor cases. For
the United States Supreme Court, check the official United States Reports,
West's Supreme CourtReporter, U.S. Supreme CourtReports-Lawyer'sEdi-
tion, U.S. Law Week (BNA), and U.S. Supreme Court Bulletin (CCH); for
the United States Courts of Appeals, check West's Federal Reporter and
FederalReporter2d; for the United States District Courts, check West's Federal
Supplement.
VIII. State Law Research

A. Matters Governed by State Law
The supremacy clause of the federal Constitution means that federal law
generally preempts or precludes state regulation of the same matter. The law
of labor preemption is unsettled and sometimes unpredictable. In general,
state law is residual and the states are permitted to regulate conduct not
regulated by federal law, but this is not uniformly true. This uncertainty makes
it necessary to research issues of preemption at the outset to make sure that
state law research is appropriate.
State law provides the rule of decision for an issue if either (1) the
employer's basic relations with its employees are not governed by either the
National Labor Relations Act or the Railway Labor Act; or (2) an employer's
labor relations generally are regulated by federal law, but the issue raised
is considered to be one important to the state and of only peripheral concern
to the federal regulators.
In the first category, states may regulate labor-management activities that
are not controlled by the federal labor statutes, the National Labor Relations
Act, and the Railway Labor Act.3 8 In brief, the NLRB is authorized by statutes
to regulate all businesses in interstate commerce, but restricts its coverage
to those businesses having a significant impact upon interstate commerce,
as defined by the Board's own jurisdictional standards. Private businesses
not in interstate commerce or whose activities in interstate commerce are below
the Board's jurisdictional standards may be regulated by state law. (States
also may regulate the labor relations of state and local governments, but that
law is beyond the scope of this research guide.)
In the second category, state law might be used, for example, to enjoin
violent or mass picketing at the place of business of an employer governed
by the NLRA, even though state law could not govern the collective bargain-
ing practices of that employer.
More detailed materials on federal preemption of state labor law can be
found in U.S. Code Service annotations 3 and in the state law materials in
the BNA and CCH looseleaf services, discussed immediately below.
Once it is determined that an issue is not within the jurisdiction of the
federal labor laws, it is appropriate to research the content of the state law
38. The jurisdictional scope of these Acts is described in section II.

39. 29 U.S.C.S. § 141 nn.16-58.
for the state in which the problem arises. Federal law is much more developed
and more comprehensively reported than state private sector labor law, so
there may be little law from the state in which the problem arises. In such
cases, it is appropriate to argue by analogy; therefore, one should research
legal materials from other states or from federal sources interpreting iden-
tical or similar statutory language.
B. Research Strategy
Once the researcher has reached a preliminary conclusion that an issue
is governed by state law, the next step is to research the specific labor law
of the appropriate state. State labor law research may be initiated in one
of two ways. One can either begin with primary state law materials (statutes,
regulations, decisions of courts and administrative agencies) or secondary
sources such as looseleaf services. If one chooses to begin with primary state
law materials, research methods are traditional ones. One might start with
annotated state statutes or a state encyclopedia or digest. In the alternative,
one might begin state labor law research by using the separate state law sec-
tions of the CCH and BNA looseleaf services. The following section describes
the use of the looseleaf services in state law research. Since BNA and CCH
publish somewhat different state materials, the researcher should check both
services if available. Regardless of whether the researcher begins with primary
or secondary sources, the other group of sources should be used to supple-
ment the initial research to assure accuracy and completeness.
C. Using Looseleaf Services to Research State Law

1. Labor Law Reporter
The LaborLaw Reporterpublished by Commerce Clearing House covers
state as well as federal labor law. The general outline of the LLR and a sug-
gested research strategy for its use are contained in Section V.B. above. The
state labor law materials in LLR are contained in the three volumes labeled
State Laws. The state law information is arranged somewhat differently than
the rest of the Reporter. Because of this different arrangement, one should
commence state law research in LLR by reading the helpful material begin-
ning at paragraph 40,250 behind the tab "Explanatory Guide" in volume
1 of State Laws. This section includes an overview of the sorts of issues gov-
erned by state labor law, the relationship of state labor law to federal regula-
tion, and a general description of the sources of legal authority within a state
which might regulate the activities of labor and management. It is important
to make sure that the matter purportedly regulated by state law is not in
fact preempted by federal law. The "Explanatory Guide" offers an overview
of federal preemption, including a partial list of basic rules of federal preemp-
tion at paragraph 40,254. The "Explanatory Guide" also outlines, begin-

ning at paragraph 40,300, a strategy for doing state labor law research in CCH.
Behind the "All-State Charts" tab, volume 1 of State Laws, indicates
with a simple "Yes" or "No" whether each state regulates various aspects
of labor and management activity by statutory or constitutional provisions.
These charts should not be relied upon, however, because they do not in-
clude citations to relevant provisions and do not cover state regulation of
an activity resulting from other legal sources, such as court or agency deci-
sions, agency rules, or attorney general opinions.
Volume 1 of State Laws also contains, behind the tab "Topical Index-
State Laws," a uniform numbering system for topics so that the same com-
pilation paragraph number is used for each state."0 Immediately following,
also behind the "Topical Index-State Laws" tab, at page 50,151, is a "Main
Topical Index." The topic paragraph numbers listed apply to all states that
regulate the subject. Topics are indexed under the name of the state only
when the subject matter is peculiar to that state. Next included in volume
1 are "Current Case Tables-State Laws" and "Case Tables-State Laws,"
which list alphabetically by case name, court and agency decisions on state
law. Volume 1 also includes a directory of names and addresses of the per-
sonnel of state labor agencies.
The remainder of volume 1 and all of volume 2 contain, behind a tab
for each state, a compilation of that state's law, organized according to the
uniform topic numbers. These materials include digests of cases and statutes,
as well as, in some instances, the full text of statutes and regulations. To
find how a topic is treated in the laws of a particular state, one would iden-
tify the uniform topic number from the Topical Index in volume 1, then
look for that topic number in the compilation for that state, behind a tab
with the state's name in volume 1 or 2. Volume 3, which updates the state
compilations in volumes 1 and 2, includes topical and cumulative indexes
to new developments in state laws, an editorial section labeled "Current Com-
ment & CCH Analysis," digests of state agency decisions and texts of state
court decisions.
2. Labor Relations Reporter

The BNA LaborRelations Reporter covers state labor laws in Volumes
4 and 4A. Volume 4 contains a brief guide for using the state law binders.
The state law materials are arranged for each state under a uniform system
of classification numbers that are different from the classification numbers
40. The uniform numbering system is outlined beginning at page 50,075.

used in the rest of the BNA LaborRelations Reporter. Most of the material
in volumes 4 and 4A is state statutes and regulations, with occasional editor's
notes describing and providing citations to decisions and attorney general
opinions interpreting the statute or regulation. The states are arranged in
alphabetical order behind orange tabs listing several states for which the law
is reported following the tab.
Volume 4 also contains, behind the blue tab "Finding Lists, Tables of
Laws, Guide to Laws," an overview of the law of federal preemption, charts
of state holidays and minimum wage rates, an index of topics covered in
the state laws section, and a directory of state labor agencies which, unlike
the comparable list in Labor Law Reporter, does not include names of agency
executive personnel.
IX. Collective Bargaining

BNA publishes another looseleaf service in two binders, called Collective
BargainingNegotiationsand Contracts(CBNC). Binder 1 contains the follow-
ing topics.
A. "Background for Bargaining" includes economic data (such as the
ConsumerPriceIndex), government economic policy statements, and reports
on bargaining from various government agencies.
B. "Demands and Counterproposals" covers demands and bargaining
programs of unions and management from major industries.
C. "Strategies and Techniques" covers strategies and guides for employers
and unions in bargaining preparation, negotiations, preparation for and
behavior during a strike, administration of the contract, and other related
topics.
D. "Current Bargaining Issues."
E. "Administering the Contract."
F. "Industry Wage Patterns and Wage Data."
G. "Current Contract Settlements" has biweekly tables with a large
amount of information.
H. "Selected Contracts in Text."
All of the sections have tables of contents. Binder 2 covers basic patterns
in negotiating union contracts and includes texts of contract clauses. Each
section covers a major bargaining issue (e.g., grievances, holidays, overtime)
and explains the trend in negotiation of that issue.
BNA also publishes a series of pamphlets entitled Collective Bargaining
Special Reports. These pamphlets contain a calendar of negotiations that
lists contract expirations b.y industry. BNA also publishes biweekly the Col-
lective Bargaining, Negotiations and ContractsNewsletter, which contains
general news, agency statistics, and editorials.
X. Computer-Assisted Research
Computer-assisted research is useful either when speed is necessary or
when conventional sources are inadequate or unavailable. In a library that
does not receive the mimeographed decisions of the NLRB, WESTLAW or
LEXIS can be used to obtain the full text of the NLRB decision and the
Administrative Law Judge's decision for cases not yet published in the of-
ficial Decisions and Orders of the National Labor Relations Board. Com-
puters sometimes are the only source for extremely recent decisions. Com-
puters also permit unusual search requests, such as a search for all the deci-
sions of a specified federal judge or Administrative Law Judge. LEXIS pro-
vides the most efficient means of obtaining subsequent history of Board and
court decisions.
A. DIALOG
File 244 of DIALOG contains labor law. It provides summaries of deci-
sions and references to texts of decisions on labor relations, arbitration, and
other areas of employment law. It has abstracts of state and federal court
decisions as well as NLRB rulings. It corresponds, in part, to BNA's Labor
Relations Reporter (1966 to present), and can replace use of LRR where LRR
in hard copy is unavailable.
B. LEXIS
The Labor Library of LEXIS contains court cases, NLRB decisions (full
texts including Administrative Law Judge decisions), and titles 20 and 29
of C.F.R. Court cases and NLRB decisions may be searched separately or
together. The LEXIS Labor Library also includes federal employee labor
relations and occupational health and safety materials beyond the scope of
this guide. The LEXIS Labor Library contains several BNA publications,
including the Daily Labor Report, a useful, detailed newsletter of current
developments in labor relations. LEXIS includes Shepard's FederalLabor
Law Citations4 ' and allows using an NLRB or Labor Relations Reference
Manual citation when using Auto-Cite-LEXIS's expedited method for find-
ing case history.
The Labor Library on LEXIS does not include state labor materials or
federal statutes, but these can be searched in other LEXIS libraries.
C. WESTLA W
WESTLAW's Federal Labor Databases file includes several separate files
41. WESTLAW does not have Shepard'sFederal Labor Law Citations.

prefaced by the letters "fib"; these include such materials as the United States
Code, federal court cases, the Code ofFederalRegulations,and selected secon-
dary sources. Unlike LEXIS, WESTLAW does not permit a simultaneous
search of court and agency material. State cases and public sector cases can
be searched in other data bases. WESTLAW includes full texts of cases, in-
cluding Administrative Law Judge decisions for NLRB cases. WESTLAW
also permits searches using the West key number system.
XI. A Note on Authority and Citation Form
The sorts of authority and citation form used in a brief to a decision-

maker in a labor relations case should vary depending on the nature of the
decision-maker. For example, because entities within the National Labor Rela-
tions Board seek to have a uniform law applied nationally by the NLRB,
agency officials give little or no weight to decisions of federal courts of ap-
peals, even from the same circuit in which the NLRB case arose, if the judicial
authority is inconsistent with decisions of the five-member NLRB. Therefore,
in briefs to a regional director, Administrative Law Judge, or the NLRB,
an attorney should rely principally on NLRB decisions. Regional directors
and Administrative Law Judges have no power to change NLRB policy. The
NLRB, which does have such power, is usually more likely to change its policy
by persuasive analysis rather than by an argument that its policy is inconsis-
tent with decisions of the courts of appeals.
In briefs to a federal circuit court, however, decisions of courts of ap-
peals, particularly the court of appeals in which the case is pending, should
be relied upon. Obviously, decisions of the United States Supreme Court
will be of paramount authority in both agency and court of appeals
proceedings.
In deciding what citation form to use in a brief, an attorney should be
guided more by the practicalities of the situation than by any formal citation
guide. There is no point in using a citation to a set of books not available
to the decision-maker. For example, the library of a regional director is likely
to contain the official NLRB decisions and a set of the BNA LaborRelations
Reporter, and perhaps the CCH Labor Law Reporter. If one were seeking
to cite a court of appeals case, perhaps one enforcing an NLRB decision,
one would want to cite to the BNA LaborRelations Reference Manualrather
than to the FederalReporter series. Similarly, briefs to Administrative Law
Judges and to the NLRB itself probably should include citations to official
NLRB decisions and the L.R.R.M. rather than to the FederalReporter system.
If FederalReporter citations are used in agency proceedings, parallel cita-
tions to the L.R.R.M. also should be included. In the federal courts, on the
other hand, the FederalReportersystem surely is available, but the looseleaf
labor services may not be.
Whenever an NLRB case is cited, the attorney must make sure that the
subsequent history of the case is explored through Shepard's or LEXIS and
that any subsequent history, such as judicial enforcement or nonenforcement,
is included in any citation to that NLRB case.

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University of Minnesota Law School

Articles Faculty Scholarship

A Research Guide to the Law of Private Sector Labor-

Follow this and additional works at: https://scholarship.law.umn.edu/faculty_articles

Part of the Law Commons

The law of private sector labor management relations involves a

I. Introduction .................................................. 388

III. Structure and Functions of the NLRB ........................... 391

VI. Secondary Sources for Federal Labor Law ....................... 402

VII. Primary Sources for Federal Labor Law ......................... 405

The most comprehensive and well-developed body of labor law stems

A. National Labor Relations Act of 1935

B. Railway Labor Act of 1926

III. Structure and Functions of the NLRB

16. 45 U.S.C. §§ 154-55.

IV. Research Strategy

bitrators' decisions are not readily accessible through traditional statutory

V. Services for Federal Labor Law

20. See infra § V.B.

later appear in bound volumes. A separate BNA service, Collective Bargain-

FederalLaborLaw Citationsor LEXIS should be used to locate subsequent

has weekly information supplements that provide in-depth analysis and

B. CCH Labor Law Reporter

The LLR volume entitled TopicalIndex-FindingLists-Case Tablescon-

dex goes from compilation paragraph numbers (including annotation

C. Shepard's Federal Labor Law Citations

VI. Secondary Sources for Federal Labor Law

25. THE DEVELOPING LABOR LAW (C. Morris 2d ed. 1983).

on labor law, labor history, and arbitration is included at the beginning of

28. L. MODIBSKA, NLRB PRACTICE (1983).

A number of law reviews specialize in labor law. The LaborLaw Journal

D. Labor Law Bibliographies

VH. Primary Sources for Federal Labor Law

32. J. JAGELSKI, DoING RESEARCH IN FEDERAL LABOR LAW (1978).

1. The National Labor Relations Act of 1935 (Wagner Act), as amended

(beginning in 1941), the CongressionalRecord, CongressionalInformation

B. Administrative Law and Information

1. National Labor Relations Board

The system is used throughout published NLRB materials. The classification

NLRB PleadingsManual and Complaint Forms, SuDoc # LR 1.6/2:P

2. National Railway Adjustment Board and National Mediation Board

3. Federal Mediation and Conciliation Service

VIII. State Law Research

38. The jurisdictional scope of these Acts is described in section II.

C. Using Looseleaf Services to Research State Law

tion at paragraph 40,254. The "Explanatory Guide" also outlines, begin-

2. Labor Relations Reporter

40. The uniform numbering system is outlined beginning at page 50,075.

IX. Collective Bargaining

41. WESTLAW does not have Shepard'sFederal Labor Law Citations.

XI. A Note on Authority and Citation Form

The sorts of authority and citation form used in a brief to a decision-

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