Chapter 14 Flashcards

labor laws

1
Q

A successful industrial relations system consists of 4 elements
1. environmental context
2. participants
3. web of rules
4. ideology

A

Dunlops Industrial Relations systems (1958)

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2
Q

Collective bargaining, mediation, arbitration, participation in decision making

A

Areas of shared Ideology

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3
Q

3 types of decisions
Strategic
functional
workplace

A

Katz and Kochan

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4
Q

Management chooses to work with unions or develop non-union operations

A

strategic level

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5
Q

Contract negotiations and union organizing

A

Functional Level

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6
Q

Arena in which contract is administered

A

workplace level

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7
Q

Goals and Strategies for 3 participants:
-Capitalism at with odds with unions
-employee representation through unions equalizes bargaining power
-Labor unions major benefit to society: institutionalization of industrial conflict

A

Society

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8
Q

Goals and Strategies for 3 participants:
-Shifts focus from dealing with individuals to dealing with a group
- Choice 1: discourage
-Choice 2: avoid union

A

management

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9
Q

Goals and Strategies for 3 participants:
Collective action to give employee formal and independent voice in setting terms and conditions in work

A

Labor Unions

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10
Q

Apprentices and learners
workers with disabilities and older workers
women
veterans
union reps
nondiscrimination clauses

A

Special groups that may be covered by union

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11
Q

Responsible for training members represent craft workers

A

Craft union

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12
Q

Members linked by work in particular industry; rep many different occupations

A

Industrial Union

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13
Q

Negotiation, administration, and day-to-day interactions
—-may be a single facility or many facilities
—Union members elect union officials and strike votes

A

Local Unions

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14
Q

Shop steward and business rep

A

2 union contacts

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15
Q

responsible for ensuring terms of collective bargaining contracts are enforced; represent employees in grievance most frequent union contract

A

Shop Steward

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16
Q

Similar responsibilities, may deal with multiple employers often seen in craft unions

A

Business rep

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17
Q

Check off provision and types of shop

A

2 critical contract provisions

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18
Q

Employer automatically deducts union dues from ees paycheck-does on behalf of union

A

check off provision

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19
Q

Must join union and pay dues after hired but ILLEGAL UNDER NLRA

A

closed shop

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20
Q

must join union within certain time period after hired

A

union shop

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21
Q

Must pay dues after hired but don’t have to join union

A

Agency Shop

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22
Q

Don’t have to join union but employees who do join must remain members for a specific time period

A

Maintenance of membership

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23
Q

States pass “Right-to-work” laws that make union shops, maintenance of membership, and agency shops illegal

A

Taft-Hartley Act (1947 amendment to NLRA)

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24
Q

Reasons for decline:
Job growth in service sector (historically not represented by unions)

A

Structural changes in economy

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25
Q

Reasons for decline:
Market pressure from foreign competition, deregulations, competitive threats

A

Increased employer resistance

26
Q

Offer the same things to employees that unions can and more

A

Substitute unions with HRM

27
Q

employee rights or protection often specified by law

A

Substitute unions with government regulation

28
Q

Commerce clauses in US constitution
supports collective bargaining
–Union membership tripled

A

Wagner Act (1935 aka National Labor Relations Act NLRA)

29
Q

“Right to work” laws = pro management

A

Taft-Hartley Act 1947 amendment to NLRA

30
Q

Union oversight and regulation of internal affairs

A

Landrum-Griffin Act 1959

31
Q

Employed as a supervisor
parent or spouse
independent contracter
domestic service
agricultural labor
railway act
Federal,state, or local government,

A

Excluded from NLRA coverage

32
Q

Taking on behalf of a group to address work

A

Concerted activity

33
Q

Must bargain collectively with labor organization and cannot interfere with employee rights regarding unions nor fire employees engaged in union organizing

A

Unfair labor practice by employer

34
Q

Enforces NLRA with 5 member board and general counsel in 33 regional offices

A

National Labor Relations Board

35
Q

Conduct and certify representation elections
prevent unfair labor practices

A

2 major responsibilites

36
Q

Union Organizing:
Determines appropriate bargaining unit and identifies employee who are eligible to participate based on a community interest in wages, hours and working conditions

A

NLRBS role

37
Q

Union Rep Election:
At least 30% of employees must sign. If 50% sign then union may request voluntary recognition by employer

A

authorization cards

38
Q

Union Rep Election:
held is <50%of employees sign or employer refuses to voluntarily recognize

A

Secret ballot election

39
Q

> 50% of vote is for union NLRB certifies union as exclusive rep of employees

A

Results of election

40
Q

To persuade employees that wages, benefits, treatment by employers and opportunity to influence workplace decisions are insufficient

A

Union Strategy

41
Q

Union receives dues in exchange for services but NOT representation in collective bargaining

A

Associate Union Membership

42
Q

Public, financial, or political pressure on employers during organization and negotiations

A

Corporate Campaigns

43
Q

instead of election to create negative publicity for and pressure employer

A

Strike

44
Q

Employer will not oppose organizing attempts elsewhere in company

A

Employer Neutrality Card

45
Q

If majority of employees sign authorization card, employer will recognize union

A

Card-check provision

46
Q

Emphasizes its good package of wages, benefits, and union will lead to certain costs for employees

A

Management Strategy

47
Q

Subprocesses of Contract Negotiations:
Divide a fixed economic “pie” between labor and management = win-lose

A

Distributive Bargaining

48
Q

Subprocesses of Contract Negotiations:
Solution beneficial to both sides = win-win

A

Integrative bargaining

49
Q

Subprocesses of Contract Negotiations:
Relationship and trust between labor and management

A

Attitudinal Structuring

50
Q

Subprocesses of Contract Negotiations:
Different factions within labor and management = conflicting objectives

A

Intraorganizational Bargaining

51
Q

Establishing interdepartmental contract objectives
Reviewing old contract
preparing and analyzing data
anticipating union demands
Establishing the cost of possible contract provisions
preparing for strike
determining strategy and logistics

A

7 areas of management Preparation for contract negotiations

52
Q

3 stages of negotiation
goals set through the participation of internal interest groups and union negotiators present extensive list or proposals

A
  1. initial stage
53
Q

3 stages of negotiation
decision making on issues

A
  1. middle stage
54
Q

3 stages of negotiation
Result; agreement or strike

A
  1. Final Stage
55
Q

separate people from problem
focus on interests (not positions)
Variety of possibilities before deciding what to do
results must be based on some objective standard

A

4 ways to avoid impasses

56
Q

Ability to achieve goals when faced with opposition

A

Relative bargaining power

57
Q

Mediator acts as a facilitator and go-between but no formal authority
Least formal / most used

A

mediation

58
Q

Fact finder reports on reasons for dispute, positions of labor, and management- may recommend settlement
- mostly used in public sector

A

Fact finding

59
Q

Arbitrator chooses solution that is binding

A

Most formal/ arbitration

60
Q

attempt to resolve labor-management disputes over interpretation and execution of contract

A

Grievances

61
Q

NLRA requires all bargaining unit members have equal access to and rep by unions in grievance procedure

A

Duty of Fair Representation

62
Q
A