The Center offers the following courses for its Labor and Employment Law curriculum (updated 12/19/2013):
DIRECTED RESEARCH 2 credits
The course in Directed Research is designed to afford students the opportunity to prepare a major research paper of publishable quality under the direction of a faculty adviser who has expertise in a particular area of the law. Students are responsible for obtaining the sponsorship of a faculty member prior to registering for the course. Students must complete an “Approval of Directed Research” form with the signatures of the faculty adviser and the Associate Dean to be submitted to the Registrar at the time of registration. Academic credit will be awarded only if the student has successfully completed all requirements by the end of the student’s penultimate semester at the Law School. Completion of requirements means that the student shall have produced a final writing of at least 8000 words in length (approximately thirty pages), inclusive of footnotes, that, except for the minimum grade, satisfies the guidelines in place at the time of registration and shall have prepared a detailed outline and have satisfied any other preparatory steps required by the instructor.
Prerequisite: LEGAL WRITING II
LABOR & EMPLOYMENT ARBITRATION 2 credits
This course focuses primarily on labor arbitration under collective bargaining agreements, but will also cover arbitration in non-unionized employment settings and arbitration as an alternative to employment discrimination litigation. The course will be roughly divided into three main segments: the legal framework for labor arbitration (and other forms of employment-related arbitration), the procedural and substantive issues in labor arbitration, and the development of effective arbitration advocacy skills. Students will be expected to complete a number of written assignments throughout the semester, including written analysis of diverse grievance provisions and arbitration clauses, and the writing of an arbitration opinion and award. In addition, the students will be expected to prepare, research and participate in a mock arbitration, possibly before outside arbitrators. The professor plans to divide the class into teams with each team having no more than three members. Depending upon the number of students in the class, there may be more than one mock arbitration. Each student will be required to write a final brief. Grades are based upon the interim written assignments, class participation, including performance in a mock arbitration, and the final brief.
Prerequisite: LABOR LAW OR EMPLOYMENT LAW OR EMPLOYMENT DISCRIMINATION AND LEGAL WRITING II
Ira S. Cure, Karen P. Fernbach
LABOR LAW 3 credits
The National Labor Relations Act is emphasized throughout the course. Consideration is given to day-to-day issues in labor-management relations. Union representation, unfair labor practice proceedings, collective bargaining, grievance negotiations and labor arbitration are studied in depth. Grades are based upon a final examination.
Karen P. Fernbach David L. Gregory
LABOR LAW – ADVANCED 2 credits
This course will examine more sophisticated material not covered in the basic labor law course, including secondary boycotts, union-community coalitions, federalism and the labor preemption doctrine, and internal union governance. The study of international and comparative labor law developments will be supplemented by public policy considerations of social justice. Grades are based upon the individual student’s choice of either a single research paper or a series of shorter memos on specific issues.
Prerequisite: LABOR LAW
Karen P. Fernbach David L. Gregory
EMPLOYMENT DISCRIMINATION 3 credits
This course studies the federal, state, and local laws and executive orders prohibiting employment discrimination with focus on problems of proof, and remedies for violation. Grades are based upon an examination.
Evan Reid Barouh David L. Gregory David Roger Marshall
EMPLOYMENT LAW 2 credits
This course concentrates on employment-related rights and benefits not covered in the basic and advanced labor law courses. Areas of analysis include state and federal statutory schemes for disabling injuries and diseases (Workers Compensation and Social Security Disability Benefits), workers safety and heath (OSHA), and pensions (ERISA and Social Security Retirement Benefits). Employment-at-will is also explored. The coordinating themes throughout the course are the historical and the theoretical bases for employment-related social legislation and an ongoing inquiry into the fundamental nature of employment itself. Grades are based upon a final examination.
PENSION & EMPLOYEE BENEFITS 3 credits
This course will study the laws regulating pensions and other benefits provided to employees by private employers, with a primary but not exclusive emphasis on the Employee Retirement Income Security Act of 1974. Topics covered will include rules designed to prevent forfeiture of pension benefits, fiduciary duties under ERISA regulation of tax-qualified pension plans, the termination insurance program for pension plans, preemption of state law and a variety of issues relating to non-pension welfare benefits plans, such as those providing medical insurance. Grades are based upon short written assignments, class participation, and a final examination.
Daniel T. Campbell John G. Campbell
PROTECTIVE LEGISLATION FOR WORKERS 2 credits
Protective Legislation for Workers. This course considers the state and federal statutory schemes addressing wages and hours of work, unemployment, safety and health, injuries, and the major compensation regimes: e.g., minimum wage and overtime law, unemployment insurance benefits, safety and health law, workers’ compensation, and Social Security law. Grades are based on a final examination.
Evan Reid Barouh David L. Gregory David Roger Marshall Troy G. Rosasco
PUBLIC SECTOR LABOR LAW 2 credits
This course considers the labor relations laws applicable to the public employee and the public employer. It covers the history and development of public sector labor law in the United States and in New York State with emphasis and concentration on the Public Employees Fair Employment Act, Article 14 of the New York Civil Service Law (Taylor Law). In this seminar each student leads a class discussion on a subject selected for a research paper, which is the basis of the final grade.
Anthony P. Giustino David L. Gregory
For the more information about course offerings, including clinics, at St. John’s University School of Law, please click here.