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We have sought in this volume to provide teaching materials for use primarily in laws schools, but also in schools of business administration, departments of economics and other college and university departments where there is advanced curricular attention to labor and industrial relations. The typical basic course in “Labor Law” or “Labor and Industrial Relations” cannot, without undue dilution, deal adequately with the problems associated with the negotiation and enforcement of the collective bargaining agreement, as well as the current “external” law affecting collective bargaining. We think this subject is worthy of independent examination by law student san others who contemplate careers in labor relations law or practice, and even by students who are preparing for some other vocation in view of the increasing importance, in today’s pluralistic society, of the process of informal dispute settlement. The subtitle of this volume indicates that our materials deal with “collective bargaining, labor arbitration and discrimination in employment.” Actually, because of the usual constraints inherent in the preparation of course materials, and having in mind certain primary objectives, we have found it necessary or desirable to give relatively greater emphasis to certain aspects of the broad subject range of the subtitle than to others. With respect to negotiation, we concentrate on the “how to” aspects of the process, because of the prolix materials dealing with the conceptual basis of bargaining. With respect to the administration of collective bargaining agreements, we emphasize the arbitration process because of its general acceptance and the stature accorded to it by the developing federal labor law. Our treatment of the Agreement itself has been substantially reduced from the first edition, because of the inherent complexity of the subject matter, such as seniority, and the many forms of compensation (e.g., incentives, fringes, pensions, etc.). Since the last ten years have brought considerable attention to the critical areas of discrimination in employment, we have added a new dimension to our materials covering its impact on collective bargaining, We feel that the challenge of the next decade to the process will come from its capacity to resolve the issues raised in this section. Since our first edition, we have been able to experiment with the pedagogical problems inherent in using these materials for an elective course. Our usage, along with the constructive criticism that we have received from some of our users, has convinced us of the importance of the subject matter in the materials, If not on the form of its presentation. Our goal in this edition is to provide materials that will assist the student tin understanding the process of negotiation, and the drafting and administration of collective bargaining agreements. Secondly, we feel that it is of utmost importance in such a course to present the current challenges to the system posed by the significant issues in laws which are “external” to the process itself. We hope that those using this second edition will be aware of what Professor Russell A. Smith, to whom this book is dedicated, calls the “agenda items” in collective bargaining, as well as to the pressure in our society impacting on the process. Frankly, we feel that this awareness is more significant than the pedagogical impediments which naturally flow from such an ambitious exposition.
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