NLRB Decision Exercise (Final paper and presentation) )
What? A briefing (paper and presentation) of an assigned National Labor Relations Board (NLRB) decision. The briefing should have three sections: Background, Points of Law, Implications. The posting should focus on the logic of the rulings and the implications. A detailed description of the facts is not necessary--just provide enough factual description so the reader can understand the decision. Both legal and practical implications should be presented.
When? To be presented week seven (April 30). Paper must be submitted at this time as well. Later papers will not be eligible for full credit.
How? First, get a copy of your assigned NLRB decision. Beginning with volume 300 you can printout a pdf version of NLRB decisions from www.nlrb.gov (look under "decisions"). Do not rely on the web site for earlier decisions because the Administrative Law Judge (ALJ) decisions are not included. For these earlier cases, make a copy of your decision in the Law Library. Pay attention to both the NLRB decision and the ALJ decision. The ALJ decision will often contain important factual details and/or points of law not contained elsewhere.
We will use the grading form (below) to see what a high-quality briefing should contain.
Why? To gain a better understanding of U.S. labor law, the NLRB, and some specific issues not covered in class
Points Description
Description/Factual Clarity (20 points)
18-20 Easy to follow description of the facts of the case. Sufficient details are presented to understand the legal ruling and the implications, but excess details are omitted.
16-17 The necessary facts are included, but sometimes hard to follow. Excess details clutter the description and make it harder to follow.
13-15 Key facts are missing (this might include key events or contract provisions).
12 and below Irrelevant and impossible to follow.
Explanation of Legal Logic (30 points)
28-30 Clear statement of the legal question(s) including relationship to the NLRA and if relevant, major precedents. Clear description of the issues needed to answer the legal question(s) and how the facts of this particular case support a particular ruling. Easy for the reader to understand what part of the NLRA the case involves and to understand why the NLRB ruled how it did.
24-27 The legal question(s) and supporting facts are included, but are not always clearly presented. Missing connection with NLRA and/or major precedents (if relevant). Reader can figure out the issue and ruling, but with some effort.
21-23 Missing significant aspects of the legal question(s) and/or application of the facts to the legal question. Difficult for the reader to understand the issue and ruling. Reader will not be able to answer a short-answer exam question on the major issue of the case.
21 and below Reader cannot figure out why the NLRB ruled the way they did, even with great effort.
Implications (30 points)
28-30 Meaningful legal and practical implications are discussed. The legal implications describe what the case means for subsequent NLRB cases on similar issues. The practical implications provide important lessons for managers, unions, and/or individual employees, such as things they should be aware of, guard against, or not do. Reader is well-prepared to answer a short-answer exam question on the major issue of the case.
24-27 Some good legal and practical implications are presented, but they are incomplete. Reader is somewhat well-prepared to answer a short-answer exam question on the major issue of the case.
21-23 Only legal or practical implications are presented, not both. Implications are overly narrow and do not reflect careful thinking about the nature of the case and how it might apply to related situations.
21 and below No implications, or incorrect implications. HR managers or unions are likely to violate the law, or individuals are likely to forfeit important rights.
Answers to Student Questions (20 points)
18-20 Questions are completely and clearly answered in a timely fashion.
15-17 Questions are answered, but follow-up questions are needed for the reader to understand the answer.
14 and below Questions are ignored or are never resolved. Reader will not be able to answer a short-answer exam question on the major issue of the case.