Ch 11. Labor Laws and Collective Bargaining Flashcards
___ refers to the process whereby an employer and duly appointed representative of employees negotiate an agreement pertaining to wages, hours, and other terms and conditions of employment. (314)
Collective bargaining
The concept of ___ remains at the heart of labor relations acts. (314)
bargaining in good faith
___ has been recognized as the most extensively organized occupation in the US. (314)
Firefighting
___ were initially established to address many of the labor concerns that now clearly fall under the purview of collective bargaining, including hiring, firing, promotions, transfers, and discipline. (316)
Civil service systems
In addition to defining employees’ right to organize, labor relations acts also define ___. (320)
the kinds of actions that are prohibited
Any ruling issued by a labor board may be appealed to ___. (321)
a court
___ is the cornerstone of collective bargaining. (321)
Bargaining in good faith
___ occurs when the parties cannot reach an agreement despite bargaining in good faith. (324)
An impasse
___ refers to the process of negotiating a collective bargaining agreement. (327)
Interest bargaining
The role of ___ is to help facilitate the parties in reaching an agreement. (327)
the mediator
A dispute resolution mechanism whereby the parties submit the disputed issues to a neutral third party who will render a decision. (328)
Arbitration
Compulsory binding arbitration is most commonly available to firefighters and police officers, because ___. (328)
a strike can be harmful to public safety
An arbitrator has the authority to make decisions that will involve the expenditure of taxpayer funds and the administration of public agencies. For this reason, ___ is a constitutional necessity. (334)
judicial review of an arbitrator’s decision
The ___ of an issue is a matter of law, and frequently is viewed as going to the heart of whether an arbitrator has contractual or jurisdictional authority to even hear a matter. (336)
arbitrability
___ refers to whether or not the collective bargaining agreement allow a particular dispute to be submitted to an arbitrator. Unless expressly agreed otherwise in the contract, these issues are to be made by court, not an arbitrator. (336)
Substantive arbitrability
___ refers to questions about whether the proper procedure was followed in processing and handling a grievance. These issues are to be left to the arbitrator. (337)
Procedural arbitrability
the general rule is that the grievance belongs to ___, and can only be brought forward by ___. (337)
the union; the union
The common defined scope of bargaining is said to be: ___. (338)
wages, hours, and other terms and conditions of employment
___ are among the most hotly contested scope of collective bargaining cases for firefighters. (341)
Staffing decisions
___ are clauses in collective bargaining agreements that allow a union to collect dues in a regular and timely manner. (344)
Union security provisions
A/An ___ provision is the simplest form of union security. It is an agreement by the employer to deduct a designated amount from an employee’s paycheck, and pay the amount withheld to the union. (344)
dues check-off
A/An ___ provision requires an employer to hire only workers who are already members of a particular union, and furthermore requires that workers maintain their union membership throughout their employment. Membership is a condition of employment. (344)
closed shop
A/An ___ provision requires an employer to mandate that employees become members within a stipulated period of time after being hired. (344)
union shop
___ provisions are agreements that mandate that once employees become members of the union, they must maintain union membership as a condition of employment. However, they do not require employees to join a union. (345)
Maintenance of membership
A/An ___ provision requires an employer to mandate that all employees pay union dues- or an amount equal to the periodic union dues- as a condition of employment. It represents a fee for collective bargaining and related expenses rendered by the union. union dues less an amount spent by the union on political and ideological issues. (354)
agency shop
Under a/an ___ provision, all employees who do not pay union dues must pay a proportionate share of the cost of collective bargaining activities. (345)
fair share
The term “___” as defined in the NLRA includes “any concerted stoppage of work by employees (including a stoppage by reason of the expiration of a collective bargaining agreement) and any concerted slowdown or concerted interruption of operations by employees.” (246)
strike
___ is one of the least likely public services in which a strike can be tolerated. (347)
Firefighting
Under ___, an employee has a right to union representation at any meeting that could result in disciplinary action. (348)
Weingarten
___ laws address the procedural requirements governing firefighter discipline. (349)
Firefighter bill of rights
A firefighter accused of wrongdoing has the right to remain silent, but that right is limited. So long as the employee is duly ordered to answer questions under threat of termination and given assurances that the answers will not be used in a criminal proceeding, the questions must be answered. (350-351)
Garrity rights
___ are not admissible as evidence in many jurisdictions. They are most commonly used as an investigative tool. On occasion they may be used to clear the name of accused personnel. (353)
Polygraphs
