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Introduction to Labor Law II
Labor law under the NLRA has been described as intended to create a democracy of the workplace--creating more responsive and representative relationships between workers and unions and between unions and employers. In this section, we will study several core aspects of this labor democracy. First, we will consider the duty of the union to fairly represent the interests of individual workers and its limits. Next, we will consider Section 8(a)(5)'s duty to bargain collectively in good faith. When and how does an employer violate this duty? And how can an employee waive otherwise applicable rights?
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