Labor Law

Abstract

Provides an overview of Fifth Circuit decisions. In former survey years, the most significant Fifth Circuit decisions were concentrated under the National Labor Relations Act (NLRA) and the Labor Management Relations Act (LMRA). Although a number of cases involving these two Acts were decided by the Fifth Circuit during this survey period, the majority of these cases merely reaffirmed earlier precedent. The circuit did, however, clarify the duty of employers to bargain with unions and the liability of unions for breach of bargaining agreements under the LMRA. The major Fifth Circuit opinions during this survey period concerned the Occupational Safety and Health Act (OSHA). The recent emergence of OSHA provided the court with the opportunity to analyze several constitutional issues with regard to the Act's enforcement system. Additionally, the controversy over the scope of the employer's duty to comply with OSHA safety provisions permitted the Fifth Circuit to assume an active role in shaping OSHA for both circuit and national application.