A Primer on American Labor Law (review)

William Gould's book on labor law is indeed a primer. Rather than provide an exhaustive account of US labor law, this book provides an overview that highlights major legal areas and provides some historical, public policy, and international context. In this fourth edition, Gould focuses primarily on the decisions and policy issues addressed by the National Labor Relations Board during his tenure as its chair (1994-1998).

As a whole, the book is an interesting, if somewhat eclectic, introductory text for readers seeking an understanding of the essence of American labor law and its capacity to shape and be shaped by the larger social context. It could serve as a useful book for an introductory labor studies course on labor law. It is not, however, a text for practitioners or others seeking a more detailed treatment of the law.

The book's brevity yet encompassing breadth should leave many readers hungry for more information on specific topics. One example is Gould's discussion of the comparative advantages and disadvantages of the exclusive union representation system. This provision, unique to U.S. law, has spawned a long and fascinating line of case law around duty of fair representation. The topic raises interesting and timely questions about the legal relationship between the union as an organization, its individual members, and those who chose not to join.

In some cases, readers may desire a more detailed and clearer explanation of aspects of the law than Gould provides. For example, his discussion of the complicated area of union/employee secondary activities like boycotts, picketing and other actions involving third parties may leave some readers more confused than enlightened.

As well, the two brief chapters on the public sector and public-interest labor law (ERISA, OSHA, Title VII, wrongful discharge, and other workplace issues) do little more than summarize those areas of law and reference a few contested issues. In one instance, the two pages devoted to religious discrimination in employment, an emerging area of labor law, had me asking for more.

Gould's very short chapter, "Remedies and the Labor Reform Bill of 1978," highlights the history and effect of a central shortcoming of the law from a labor perspective—namely, the weak enforcement and remedy provisions in the statute. This chapter underscores the reality, particularly for unions and workers, that the law is often more about politics than it is about justice.

Instructors and readers should use Gould's book as intended: to prime them to explore the vast and fascinating discipline of labor law. The book offers many insights and jumping-off points for both the practitioner and the novice general reader. Fortunately, the extensive set of easy to use endnotes facilitates further exploration.