BUS 432 Mr. Baumer, J.D., Ph.D.
I. Your grade will be determined based on the following formula:
A. Midterm exams (2) = 40%
B. Final exam (not comprehensive) = 20%
C. Term Project = 30%
C. Class Participation = 10%
No makeup exams will be given. If there is some kind of emergency, I expect to be contacted before the exam. The final exam will not be comprehensive but instead will cover the final third of the material. I am using +/- grading.
The first midterm will cover Chapters: 11, 12, 13, and 14.
The second midterm will cover Chapters: 10, 15, 16, and 17.
The third midterm will cover Chapters: 1, 3, 6, 7, and 9.
Copies of prior exams are available at Sir Speedy on Hillsborough Street. The exams are a combination of true/false, multiple choice, and essay.
II. Required reading:
A. David P. Twomey, LABOR & EMPLOLYMENT LAW: Text and Cases, Minneapolis/St. Paul: West Publishing Co. 10th ed (1998).
B. Wall Street Journal. I will obtain student rates for you or you can catch up by reading library copies.
III. Office Hours and other means of contact:
Tuesday and Thursday: 10:00---12:00 or anytime we can make an appointment or you see me in my office.
My office is located at 32 G Nelson
Phone: 515 - 6950.
5 Ch. 11 Discrimination Laws: Protected Classes
7 Ch. 11 Title VII and the Constitution
9 Ch. 11
12 Ch. 12 Procedures and Remedies
14 Ch. 12
16 Ch. 12
21 Ch. 13 Pay Equity, Age Discrimination
23 Ch. 13
26 Ch. 13
28 Ch. 14 Disability Discrimination Laws
30 Ch. 14
2 Discrimination Grievance Presentation
4 Discrimination Grievance Presentation
6 First Midterm
9 Ch. 10 Occupational Safety and Health Law
11 Ch. 10
13 Ch. 15 Employment Relationships: Contracts & Torts
16 Ch. 15 Theories
18 Ch. 15
20 Ch. 16 Employee Privacy Topics
23 Ch. 16
25 Ch. 16
2 Ch. 17 Developing Topics
4 Ch. 17
16 Privacy/Wrongful Discharge Presentation
18 Privacy/Wrongful Discharge Presentation
23 Second Midterm
25 Ch. 1 Overview, Early Doctrines, Current Appl.
27 Ch. 1
30 Ch. 3 National Labor Relations Act
1 Ch. 3
3 Ch. 3
6 Ch. 6 Legality of Strikes
13 Ch. 6
15 Ch. 7 Dispute Settlement Law
17 Ch. 7
20 Arbitration Dispute Presentation
22 Arbitration Dispute Presentation
24 Ch. 9 Public Employment and Labor Law
27 Ch. 9
29 Govt. Employee Dispute Presentation
1 Govt. Employee Dispute Presentation
The purpose of the term project is to give each of you an opportunity to experience and participate in an employment-related dispute. Teams of four students will participate either as advocates for an aggrieved employee or employer or in a judicial capacity. Each team will be graded on the team performance. There is no need to share equally oral participation and in fact I encourage you to consider specialization, since there is a written component to the assignment.
The term project involves four types of disputes:
In order to create a level playing field, each team and the corresponding judges will be given the "script" for the dispute one week in advance of their presentations. During that week some legal research on the issue in dispute would be appropriate. Two 50-minute class periods are devoted to each dispute. In each case, the plaintiff or aggrieved party, will make an initial presentation followed by a rebuttal by the opposing team. The aggrieved party will then present evidence favorable to their side of the case. In presenting evidence, witnesses may be called, academic studies and prior cases may be cited, and any other reasonable form of argumentation will be allowed. It is the duty of the judicial team to maintain order, time schedules, exclude irrelevant evidence. Each team must select one member as their designated witness. If you call a witness the other team is entitled to cross-examine that witness. Witnesses must know the facts of the dispute well and not deviate from what the script indicates are the facts. Following the presentation of evidence by the aggrieved party, the opposing side is given an opportunity to respond. The opposing side is responsible for organizing its evidence which may include testimony by witnesses, prior court cases, and academic studies. If the opposing party calls a witness, the aggrieved party is entitled to cross-examine the witness.
Following the presentation of evidence by both sides, there will be brief concluding remarks allowed by both sides. After the closing comments, the judicial team will adjourn briefly and then return to the class to announce its decision. During the adjournment of the judges, the class will be polled secretly as to their decision. If the class and the judges agree, the judicial team will receive a half of letter grade higher. If both the class and the judges agree that a team (aggrieved or opposing) wins, that team will receive a half a grade higher. Nonparticipating students who are not present to vote on dispute will receive 2 points lower on their final grade for each unexcused absence.
Student teams will be responsible for turning in a five-page brief of their legal position in the dispute. These briefs should emphasize the strong points made by the team during their presentation and should also rebut the points made by the opposing team. The judicial teams should write a five-page opinion justifying their announced decision. Each team member will have an opportunity to grade fellow team members as well as themselves. If your team has free riders or slackers, self-grading by student team members are an opportunity to return the favor.