5. Emp. n Labr. Relat 39 Flashcards
Employee Relations
The way in which an organization responds to, handles, or addresses any issue that has impact on employees and their relationships
- To and with other employees
- To and with managers
- To and with those outside the employment in the organisation with whom they come into contact as part of their employment experience.
Labor Relations
Labor relations speaks to the many dimensions and facets of the relationship between management and groups of workers who happen to be represented by a labor union. In some ways, labor relations can be thought of as a subset of employee relations.
Sherman Anti-trust Act, 1890
A law passed in an effort to curb the growth of monopolies. Under the Act, any business combination that sought to restrain trade or commerce would from that time forward be illegal. Act states that
Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
Section 2: “Every person who shall monopolise, or attempt to monopolise, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony.
-Pursuit and investigating trusts fall on gov. attorneys and district courts
-Relevant to compensation’s impact on recruitment and retention because an improperly conducted salary survey or even info attempts to gather data on competitors wage rates can constitute a vilation of this act.
Clayton Act, 1914
A law enacted to build on and clarify the Sherman Act. The provisions of the Clayton Act that is most relevant to labor-and therefore to HR professionals- is Section 6, which specifically exempts labor unions and agricultural organisations from the Sherman Anti-trust act.
Railway Labor Act, 1926
- Needed to end Wildcat strikes
- Railroad Workers wanted to organise, to be recognised as the exclusive bargaining agent tin dealing with the railroad and to negotiate and enforce agreements.
- “Work Now, Grieve Later” came into existence through this.
- Amended in 1936 to include airlines
Norris-LaGuardia Act, 1932
A law that strengthened unions even more by establishing the rights of labor unions to organize and to strike. It also prohibited federal courts from enforcing “yellow dog” contracts or agreements.
-Yellow dog: Agreement that an employer will hire you as long as you don’t join or have any involvement in a union.
National Industrial Recovery Act, 1933
A law that guaranteed laborers the rights to organise and bargain collectively.
- Established no Yellow dogging.
- Struck down in 1935 by Supreme Court, reverting back to just Railway workers
National Labor Relations Act (Wagner Act), 1935
A law that guaranteed the right to self-organisation, to form, join, or assist labor organisations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.
-Certain groups excluded: managers, supervisors, confidential employees (secretaires, EA’s, managers who can make labor relations decisions, and several others.
Unfair Labor Practice (ULP)
- Unlawful acts committed by either employers or unions. 5 Catergories as stated in Wagner Act.
- To interfere with , restrain, or coerce employees in the exercise of their rights to engage in concerted or union activities or refrain from them
- To dominate or interfere with the formation or administration of a labor org.
- To discriminate against an employee for filing charges with the NLRB or taking part in any NLRB proceedings.
- To refuse to bargain with the union that is the lawful representative of it’s employees.
National Labor Relations Board
A federal agency created by the national Labor Relations Act (NLRA) that is responsible for administering and enforcing the rights established by the NLRA. As stated on its website, the NLRB has two principle functions:
- To determine, through secret ballot, the free democratic choice by employees whether they want to be represented by a union in dealing with their employers and if so, by which union
- To prevent and remedy unlawful acts, called unfair labor practices, by either employers or unions.
Closed Shop
Employers can hire only employees who are already members of the union. Closed shops were ruled illegal by the Taft-Hartley Act; however, hiring halls do, in one sense, encourage a closed-shop.
Union Shop
Newly hired employees must join the union within a specified period of time, usually 30 days, and must remain a member of the union as a condition of employment. In a union shop, employers must terminate employees who are not union members. Union shops are illegal in “right to work” states.
Labor Management Relations Act, (Taft Hartley Act), 1947
Amendment to the National Relations Act (NRLA) (Wagner Act): First, the identification of behaviours and practices that would be considered unsafe labor practices (ULP’s) on the part of the unions, and second, a provision that would allow the government to issue an injunction against a strike that threatened national interests. Taft-Hartley identified the following unfair labor practices that unions could commit:
- Restraining or coercing employees in the exercise of their rights or an employer in the choice of it’s bargaining representative.
- Causing an employer to discriminate against and employee
- Refusing to bargain with the employer of the employees it represents
- Engaging in certain types of secondary boycotts
- requiring excessive dues
- Engaging in featherbedding
- Picketing for recognition for more than 30 days without petitioning for an election
- Entering into hot cargo agreements
- Striking or picketing a health care establishment without giving the required notice
Primary Boycott
An organized effort of a labor union and its members to discourage consumers from buying the products of a particular employer
Secondary Boycott
Effort to convince others to stop doing business with a particular organisation that is the subject of a primary boycott.
Dues
With deductions, employers agree to deduct and forward to the union dues amounts agreed to by workers. By law, employees must agree IN WRITING to this deduction.
Featherbedding
An agreement that requires the employer to pay wages to union members whether or not their work is needed.
Picketing
An expression of free speech that takes place when people congregate outside a workplace. To be considered protected concerted activity, picketing must remain nonviolent,
Wildcat picketing
Striking while there is a NO-STRIKE clause in the CBA.
Recognition Picketing
Recognition picketing is picketing to obtain the employer’s recognition of the union as the bargaining representative of its employees. Such picketing seeks to persuade or coerce an employer to recognise a union as the bargaining agent of his employees.
Strike
A “CONCERTED stoppage” of work by employees
Right-to-work state
States in which union shops and closed shops are illegal. In a right-to-work state, no employee has to join the union.
Jurisdictional Strike
A strike through which a UNION SEEKS to pressure an employer to assign particular work to its members rather than to members of other unions or to nonunion workers.
Federal Mediation and Conciliation Service
The Federal Mediation and Conciliation Service (FMCS), founded in 1947 is an independent agency of the United States government, and the nation’s largest public agency for dispute resolution and conflict management, providing mediation services and related conflict prevention and resolution services in the private, public, and federal sectors.
U.S. Conciliation service
Look this up
Labor Management and Reporting and Disclosure Act (Landrum-Griffin Act), 1959
A law that created additional labor-management guidelines, including:
- A requirement that unions submit annual financial reporting to the Department of Labor (DOL) to document how union members’ dues were spent.
- A bill of rights for union members guaranteeing them freedom of speech and periodic secret elections.
- The designation of every union official as a fiduciary
- Even stronger provisions relative to secondary boycotting and organisational and recognition picketing.
Federal Labor Relations statute (Title VII of the Civil Service Reform Act,) 1978
- Allows certain non-postal federal employees to organise, bargain collectively, and to participate through labor organisations of their choice in decisions affecting their working lives.
- The statute defines the universe of organisations that most directly rely on the FLRA: The Federal agencies that employ workers eligible to be represented by labor organisations and the labor organisations that have been recognised as the exclusive representatives of these employees.
Schechter Poultry Corp V. United States, 1935
A supreme Court case that rendered the National Industrial Recovery Act unconstitutional. Although this decision was wholly unrelated to labor and collective bargaining, the Supreme Court decision rendered the labor-related provisions illegal as well. The right to organise and bargain reverted, once again, to railway workers and no one else. This would not, however be the case for long.
NLRB v. Mackay Radio and Telegraph Co., 1938
The Supreme Court case that established that employers have the right to permanently replace workers who strike during an economic strike.
NLRB v. Weingarten, 1975
Established right of unionised employees to have union representation at an investigatory interview with management if the employee reasonably believes that discipline might result from that meeting.
- Reversed in 2000 adding non-union could have representation.
- Reversed again in 2004.
Communication Workers of America v. Beck, 1988
S.C. case established right for bargaining unit members to pay only that portion of union dues that is attributable to mainline union responsibilities (collective bargaining, organising in the same industry, contract admin and the like.) Up to employee to exercise her rights.
Specialty Healthcare and Rehabilitation Center of Mobile, 2011
The National Labor Relations Board (NLRB) decision in this case permits the organisation of micro-units in organisations, even when the majority of employees do not want or seek union representation.
Employee Surveys
Also called attitude or climate surveys) Employees can express their opinions or share their perspectives. Employees can contribute in a meaningful and significant way to their org by having a voice in shaping the policies, practices, and directions of their orgs.
Focus Groups
Consists of small but representative sample of individuals within an organisation. Within each focus group, discussions are led. by a neutral facilitator who seeks to elicit feedback and input on a specific subject.
Employee Participation Groups
Invited employees to participate actively in the process of managing the org and by contributing the ideas and providing feedback.
- Provide excellent way of encouraging creative involvement and enhancing commitment.
- The way they are administered can be subject to NLRA legality or illegality.
Open-door policy
A “standing invitation” and a genuine one, for employees to raise their concerns with managers or human resources, face to face. **Cannot result in penalties, formal or other wise, against those employees who avail themselves to this resource.
Suggestion Programs
Programs that INVITE employees to submit their ideas (often anonymously) relative to any work-related topic, such as improving work systems, identifying or eliminating safety concerns, or even exposing unethical (or criminal) behavior.
MBWA-walking around
Management by walking around
- Dedicated amount of time with employees on a regular basis.
- Increasing visibility the manager creates opps to provide feedback to and receive input from employees.
- Increase access to the boss.
Confidentiality
In this context is what can and can’t be shared with the employee as opposed to what the employer can and can’t keep confidential from an employers obligation to act
-Reminding employees of YOUR commitment to maintaining confidentiality is part of the truth telling.
Organizational Culture
“The way things are done around here” The formal and informal of what an organisation is all about.
-Encompasses Historical events, current events, and future events (whether potential, likely, or simply rumoured). More specifically, organisational culture reflects and embodies the norms, mores, values, beliefs, customs and attitudes of the organisation and the people who work within that organisation.
Employee Involvement Strategies
Deliberate efforts to actively and meaningfully involve employees in the experience of their own employment. HR professionals must seek to actively and meaningfully involve employees in the experience of their own employment.
Employee communication strategies
Effective employee relations! Organisations must be deliberate about communicating with and not just communicating to, employees.
Diversity
Refers to the process of recognising, valuing, and embracing the many ways in which a group or organisation embodies differences and leveraging those differences to enhance the overall performance of individuals and groups.
- It is no way limited to the protected classes
- recognize differences in communication styles, thought patterns, and other factors that make us unique.
Inclusion
Making a living mosaic out of the differences explored in diversity. Inclusion creates a unified whole of many diverse parts.
Employee Handbook
Frequently used to communicate information about policies, procedures, and rules. In writing. About obligations and benefits that are associated with being employee.
Turnover
The number of employees who terminate voluntarily or involuntarily from an organisation (during a specified time frame.
Levels …-Divided by the Total number of scheduled workdays (during specified time frame)
Absenteeism
Total number of days on which employees did NOT work but were scheduled to work (during specified time frame)
-Divided by Total number of scheduled workdays (during specified time frame)
Work-related accidents/injuries/ “preventable” illnesses
Use metrics provided by OSHA
Employee Survey Results
Must be designed to ensure reliability and validity. They also must be administered in a manner that is sound and consistent so that nothing can taint the results.
ROI
Return on Investment: a metric that calculates the absolute or relative worth, value, and effectiveness.
Investment Rev + Investment Cost/ Investment Cost
ROI Training/ Initiative Calculation
- Calculate the cost associated with the current situation, as is, if no HRD/Training intervention were implemented (cost of NOT implementing the HRD initiative)
- Calculate the cost associated with implementing the HRD/Training intervention. Consider all direct and indirect costs.
- Calculate the financial gains that will accrue from implementing the HRD/training initiative
Quantitative Analysis
Historical data is measured and scrutinised to extract OBJECTIVE and meaningful insights. Correlation and Tendency are two elements you should be familiar with.
Correlation
Quantitative analysis involves measuring correlation. Through measurement and comparison, correlation and mathematical determines whether a demonstrated relationship exists between two factors or entities.
-A positive correlation or negative correlation indicates that a relationship does exist. The correlation coefficient is a number between -1 and +1 that defines the strength of that relationship. The closer the coefficient is to zero, the weaker the relationship between the two factors.
Measures of Central Tendency
A more in-depth look into averages..for HR purposes…Mean, Median, and Mode.
Mean
The total of all the values (or numbers) in a set divided by the number of values that are in that set.
