INSTRUCTOR: Jack Baldwin LeClair, M.A. Ed.S. J.D.
CLASS MEETING TIME AND LOCATION: Thursday, 6:30-9:10 P.M. Dickson 261
OFFICE HOURS: Posted in Legal Studies Office and by appointment.
TELEPHONE NUMBERS: 973.655.7953; Law Office 201.213.9600
WWW: http://www.chss.montclair.edu/leclair/LS/curric.html
TEXTS: G: Gleason, Workplace Dispute Resolution: Directions for the Twenty-first Century. (Lansing, Mich: Michigan State Univ, 1997); E&K: Eaton and Keefe, Employment Dispute Resolution and Worker Rights (Champaign, IL: Industrial Relations Research Association, 1999)
SUPPLEMENTAL MATERIALS will be posted at BLACKBOARD
GRADING: Midterm Examinations: 30%; Final Examination: 30% Simulation and/or Practicum and Paper: 30% Classroom attendance & Participation: 10%
PURPOSE OF THIS COURSE
This course is at the graduate level. You must read the assignments prior to class, come prepared to discuss the issues intelligently, participate in class, and be prepared to apply your knowledge creatively to problems assigned in class. The purpose of the course and its rules are as follows:
TOPICS AND ASSIGNMENTS: All assignments refer to the textbook, handouts, and reserved reading materials. Specific assignments within the pages assigned may be announced in class. All topics will be covered on a flexible schedule depending on the needs of the class and other factors. Preliminary dates are provided.
DATE |
TOPIC PART I - The Changing Legal and Legislative Landscape and the Ground Rules. | |
| 09.06 -THU | Introduction: The culture of the workplace and the dynamics of human interaction. | |
| 09.13 -THU | The life cycle of the organization | |
| 09.20 -THU | History of ADR in the workplace and American legal system; Intro to Grievance Arb. | G:Ch1, 2 |
| 09.27 -THU | federal framework for employment law / deferral and preemption | G:Ch3; E&K Ch 8. |
| 10.04-THU | Documentary on Enron: The Smartest Guys in the Room | Read the "Talent Myth" on BlackBoard. |
| 10.11- THU | DFR/external law and evidence procedure and due process issues | G:Ch5, Ch6 |
| 10.18 -THU | Proper subjects of arbitration | G:Ch7; E&K: Ch 5. |
| 10.25 -THU | MIDTERM | Midterm Handout - Pay Careful Attention |
Spring Break Part II - Preventing the inevitable and managing the unmanagable. |
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| 11.01 -THU. | Private ADR in the individual context | Project/Paper Assigned |
| 11.08 -THU | Midterm review - The law revisited Gilmer and its progeny in current context | Begin Readings in Course Documents in BlackBoard; G:Ch 4,10, 11,12; E&K Ch 7, 10. |
| 11.15 -THU | NO CLASS | Work on projects |
| 11.29 -THU | Practical issues - using the techniques effectively. Safe management hiring practices - other methods | Read especially "The Talent Myth" and the narcissistic supervisor; G:Ch13, 14 |
| 12.06. -THU | Safe management practices; Safe firing practices | G:Ch 11 |
| 12.13- THU | The future of employment law dispute resolution | G: Ch 12 |
| 12.20 -THU | Final Examination | |