Chapter 8 Flashcards

1
Q

Authoritarianism at the workplace:

A

David Ewing, formerly of Harvard Business Review, believes that too many corporations routinely violate the civil liberties of their employees.

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2
Q

Historically, authoritarianism stems from:

A

(1) The rise of professional management and personnel engineering.
(2) The common-law doctrine that employees can be discharged without cause (“employment at will”).

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3
Q

The Wagner Act of 1935 -

The Civil Rights Act of 1964 -

A
  • The Wagner Act of 1935 prohibited firing workers because of union membership or union activities.
  • The Civil Rights Act of 1964 and subsequent legislation prohibited discrimination on the basis of race, creed, nationality, sex, or age.
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4
Q

Current trends:

A

The law seems to be moving away from the doctrine of “employment at will.”

  • But some businesspeople support it as a desirable legal policy and embrace it as a moral doctrine.
  • They deny that employers have any obligations to their employees beyond those specified by law or by explicit legal contract.
  • They view employees as lacking any meaningful moral rights, seeing them as expendable assets, as means to an end.
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5
Q

The hiring process may be fairly approached based on its 3 principal steps –

A

screening, testing, and interviewing:

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6
Q

Screening:

A

The first step of the hiring process, the pooling and ranking candidates with qualifications – when done improperly, it undermines effective recruitment and invites injustices into the process.

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7
Q

job description vs job specification

A

job description - lists the details of the job including duties, responsibilities, working conditions and physical requirements.

job specification - describes the required professional qualifications such as skills, background, education, and work experience.

Both must be complete and accurate.

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8
Q

Wrongful discrimination - def plus protected categories

A

A moral concern in which candidates are judged on physical or ethnic traits rather than qualifications.

  • Sex, age, race, national origin, and religion are not job-related and should not affect hiring decisions.
  • BFOQ
  • Firms are not allowed to rely on the preferences of their customers as a reason for discriminatory employment practices.
  • ADA American Disabilities Act
  • Excluding based on language, lifestyle, physical appearance, ill-considered educational requirements, or gaps in work history may also be unfair.
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9
Q

Bona fide occupationas qualifications (BFOQs) – (def and scope)

A

Job specifications to which the civil rights law does not apply. Very limited in scope:

  • No BFOQs for race or color
  • Sex BFOQs exist only to allow for authenticity (male model) and modesty (women’s locker room attendants)
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10
Q

Americans with Disabiities Act (ADA)

A

Discrimination against the disabled is illegal, effective for firms with 15 or more employees

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11
Q

Testing: Def and 4 rules

A

Testing: Tests are an integral part of the hiring process, especially in large firms – often designed to measure the applicant’s verbal, quantitative, and logical skills.

1) Tests must be valid: Test Validity - whether test scores correlate with performance in some other activity (i.e., whether the test measures the skill or ability it is intended to measure).
2) Tests must be reliable: Test Reliability - refers to whether test results are replicable (i.e., whether a subject’s scores will remain relatively consistent from test to test).
3) Tests that lack validity or reliability are unfair.
4) Tests may be unfair if they are culturally biased or if the skills they measure do not relate directly to job performance.

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12
Q

Interviewing: Moral issues in interviews usually relate to the manner in which they are conducted. Interviewers should…

Situational interviews

A

…Interviewers should focus on the humanity of the candidate and not allow biases, stereotypes, and preconceptions to color the evaluation.
- Situational interviews: Those interviews in which job candidates must role play in a mock work scenario – some believe this makes it harder for a candidate to put on a false front.

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13
Q

Promotions: Factors that determine promotion:

A

1) Job qualification
2) Seniority
3) Inbreeding: The practice of promoting exclusively from within the firm – it presents similar moral challenges as in the case of seniority.
4) Nepotism: The practice of showing favoritism to relatives and close friends – it is not always objectionable (especially in family-owned businesses) but may affect managerial responsibilities, hurt morale, create resentment, or result in unfair treatment of other employees.

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14
Q

Discipline and Discharge: Two basic principles in the fair handling of disciplinary issues:

A

1) Just cause: requires that reasons for discipline or discharge deal with job performance.
2) Due process: refers to the fairness of procedures used to impose sanctions on employees.

  • Requires both the hearing of grievances and the setting up of a step-by-step procedure by which an employee can appeal a managerial decision.
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15
Q

Employers have the right to fire employees who perform inadequately – but should provide sufficient warning, severance pay, and sometimes displacement counseling.

Def of: 
1) Firing
2) Termination
3) Layoff
40 Position elimination
A

1) Firing – for-cause dismissal – the result of employee theft, gross insubordinations, release of proprietary information
2) Termination – results from an employee’s poor performance –(from his or her failure to fulfill expectations)
3) Layoff – refers to the temporary unemployment experienced by hourly employees and implies that they are “subject to recall”
4) Position elimination – the permanent elimination of a job as a result of workforce reduction , plan closing, or department consolidation.

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16
Q

Wages- Salaries should reflect an employee’s value to the business and be based on clear, publicly available criteria that are applied objectively. For example:

(1) What is the law?
(2) What is the prevailing wage in the industry?
(3) What is the community wage level?
(4) What is the nature of the job itself?
(5) Is the job secure?
(6) What are the employer’s financial capabilities?
(7) What are other inside employees earning for comparable work?

A

(1) What is the law? Businesses pay at least the minimum wage
(2) What is the prevailing wage in the industry? Salaries given for similar positions in the industry can be used as a gauge.
(3) What is the community wage level? Some communities have higher costs of living than others.
(4) What is the nature of the job itself? Some jobs require more training, experience, and education than others. Some are more stressful or very demanding. Some are dangerous.
(5) Is the job secure? Little security, should pay more wages. Secure job with guarantee of regular work and excellent retirement benefits may justify a moderate wage. Stepping stone jobs may pay less.
(6) What are the employer’s financial capabilities? Based on what the company can afford, start-up or established company
(7) What are other inside employees earning for comparable work? Prevent discrimination and unfairness, look at what others in the company are being paid.

17
Q

Two other factors in determining the wage level:

A

1) The employee’s job performance.

2) The fairness of the wage agreement terms.

18
Q

A living wage is supported by moral grounds: (def)
 Utilitarian element
 Kantian principle .
 Commonsense view

A

the amount of money a full-time employee needs to afford the necessities of life, support a family, and live above the poverty line.

  • Utilitarian element promoting human welfare.
  • Kantian principle of respect for human dignity.
  • Commonsense view that some wages are so low as to be inherently exploitative.
19
Q

Critics of living-wage laws believe,,,

A

they cost jobs. (hard on local businesses, can cost taxpayers money because local govt must pay more for the food and service it uses. Raising prices lowers demand).

20
Q

History of the union movement:
2 key points
2 examples of early unions

A

1) Employers have opposed unions at almost every step.
2) But unions have increased the security and standard of living of workers and contributed to social stability and economic growth. Examples:
- The Knights of Labor: The first truly national trade union, established in 1869.
- The American Federation of Labor (AFL): United the great national craft unions in a closely knit organizational alliance, founded in 1886.

21
Q

 The National Labor Relations or (Wagner) Act (1935)

A

prohibited employers from:

  • Interfering with workers trying to start unions.
  • Attempting to gain control over labor unions.
  • Treating union workers differently from others.
  • Refusing to bargain with union representatives.
22
Q

The Taft-Hartley Act (1947) set several regulations:

A
  • Outlawed the closed shop (the requirement that a person must be a union member before being hired).
  • Permitted individual states to outlaw the union shop (the requirement that a person must join the union within a specified time after being hired).
23
Q

Today 22 states are right-to-work states with open-shop laws on their books –

A

they prohibit union contracts requiring all employees to either join the union or pay the equivalent of union dues.

24
Q

The plight of unions today:

A

Unions are responsible, directly or indirectly, for many of the benefits employees enjoy today.
- But a changing economy, hostile political environment, and aggressive anti-union policies have weakened them.

25
Q

Union ideals

A

The protection of workers from abuse gives unions a voice in important matters.

  • They redefine power relationships, making employers more dependent on their workers.
  • A rough equality or mutual dependence results
26
Q

Collective bargaining

A

Negotiations between representatives of organized workers and their employers regarding wages, hours, rules, work conditions, and participation in decision making that affects the workplace.

27
Q

Critics of the union ideals charge that..

A

forcing workers to join unions infringes on autonomy and the right of association – and that union workers receive discriminatory and unlawful favoritism.

28
Q

Union tactics:

A

To get demands met, unions resort to practices such as direct strikes, sympathetic strikes, boycotts, or corporate campaigns – but such actions often raise moral issues.

29
Q

Strike (def)
Direct strike
sympathetic strike

A

An organized body of workers withholds its labor to force its employer to meet its demands.
Direct strike: May be justified when there is just cause and proper authorization, and when it is called as a last resort.
Sympathetic strike: Workers who have no particular grievance of their own, and may or may not have the same employer, decide to strike in support of others

30
Q

Primary boycott vs.

A

Primary boycott: Union members and their supporters refuse to buy products from a company being struck.
Secondary boycott: People refuse to patronize companies that handle the products of struck companies.

31
Q

Corporate campaign

A

A tactic that enlists the cooperation of a company’s creditors to pressure the company to unionize or comply with union demands.

32
Q

Employee At Will –

A

Common law principle where an employer may hire, fire, promote, or domote any employee (not covered by contract or statute) when and for whatever reason the employer wishes.

  • “at will” employees can also quit their jobs for any reason whatsoever without having to give any notice to their employers.
33
Q

Private vs Public

A

~60% of all employees in the private sector in the US are “at will” employees and have no right to due process or to appeal employment decisions

  • Public-sector employees have guaranteed rights, including due process, and are protected from demotion, transfer, or firing without cause.
34
Q

o Werhane and Radin –

A

criticalyl assess justifications for EAW

  • Urge that the right to procedural and substantial due process be extended to all employees
  • EAW does not condone arbitrary employment decisions
35
Q

Werhane and Radin – 5 arguments for why the right to procedural and substantive due process should be extended to all employees in the private sector of the economy

A

1) people deserve reasons
2) Employer does not equal employee
3) mutual respect
4) efficiency is not hampered & business decisions are based on reason and employee decisons should be based on the same
5) public vs Private