EMPLOYEE AND LABOR RELATIONS Flashcards
Employee/Labor relations refers to the relationship between management and employees.
Employee
Employee/Labor relations is the term used to discuss a unionized environment and the interaction between employers and the bargaining unit employees. It can also pertain to nonunionized workers.
Labor
_____ and ____ law regulates labor closely.
Federal;state.
Unfair labor practices are defined as acts that violate the _ _ _ _ (______ ______ _____ _____).
NLRA (National Labor Relations Act)
These are composed of workers across the same industry rather than within a single business or organization and are considered horizontal unions.
Trade Unions
Vertical units, also known as _____ _____, allow workers in various positions practicing different crafts to join and membership is determined by industry or geographic location.
Industrial Unions
The greatest strength of labor unions is ________ ________.
Bargaining Power
A bargaining unit is …..
a group of employees who bargain collectively with their employer through a union.
_______ _______ refers to a negotiation process between the union and the employer about wages and other conditions of employment.
Collective bargaining
_ _ days notice is required for a company to change the terms of a collective bargaining agreement while it’s in effect.
60
When a union and management cannot resolve a dispute, it may go to ___________.
arbitration.
This term is the referral of disputes to an impartial third party (rather than court). Their decision is typically final and binding.
Arbitration
A _____ _____ ______ is a clause in the collective bargaining agreement that provides for a union shop, maintenance of membership, or an agency shop.
union security clause
Executive Order _ _ _ _ _ legalized collective bargaining between management and federal workers. Additionally, it was signed into law by President _ _ _.
10988;JFK
Which shop is one in which people are employed without respect to union membership?
A.) Agency Shop
B.) Union Shop
C.) Open-Shop
D.) Closed Shop
C.) Open -Shop
Which shop is one in which the employer is allowed to hire individuals who are not currently members of the union with the stipulation that they are required to join the union after a specified amount of time?
A.) Agency Shop
B.) Union Shop
C.) Open-Shop
D.) Closed Shop
B.) Union Shop
Which shop is one in which an employee is not required to join the union, but they are still obligated to pay union dues or fees?
A.) Agency Shop
B.) Union Shop
C.) Open-Shop
D.) Closed Shop
A.) Agency Shop
Which shop is one in which only people who are current union members are hired?
A.) Agency Shop
B.) Union Shop
C.) Open-Shop
D.) Closed Shop
D.) Closed shop
However, this type of shop was made illegal by the ______-______ Act.
Closed shop; Taft-Hartley
What law prohibit or limit union agreements that require employees membership, or payment of union dues or fees, as a condition of employment, but, also, do not provide a general guarantee of employment?
Right-to-Work Laws
Collective bargaining agreements typically include a provision for _______ ______ to represent members at the local level - this position is usually a volunteer position that may be elected by the members.
union steward
The NLRA of 1935 is also known as the ______ Act or ______-_____ _____ _______ Act.
Wagner; Wagner-Connery Labor Relations
The NLRA is enforced by the _ _ _ _.
NLRB (National Labor Relations Board)
The NLRB prohibits the use of TIPS during a union organization campaign. TIPS stands for ….
Threats
Interrogation
Promises
Surveillance
Concerted Activity occurs when …
The _ _ _ _ protects employees who are not represented by a union but who are engage in concerted activity.
two or more employees take action to protect themselves in the workplace or improve their situation; NLRA
LMRA - also known as _____ _____ ______ ____ and the ________ - _______ Act - was passed in 1947 and outlawed closed shops, jurisdictional strikes, and secondary boycotts.
Labor Management Relations Act; Taft-Hartley.
_________ rights refers to the right of a union employee to have a union representative present during an investigation.
Weingarten
Which 1975 court case made it illegal for a union member to have representation present during a disciplinary investigation?
NLRB v. Weingarten (1975)
Which 1992 case, which was appealed and the initial decision overturned, established that an employer does not have to allow distribution of union material by nonemployees on the employers property?
Lechmere v. NLRB
This federal agency administers and enforces more than 180 federal laws.
US Department of Labor (DOL)
Which act mandates standards for the payment of regular wages, overtime (except agricultural works), and the employment of minors?
FLSA (Fair Labor Standards Act)
FLSA covers both exempt and non-exempt employees.
True or False.
False. Non-exempt employees only.
The FLSA act amended the ______ ______ _____ of 1963.
Equal Pay Act
Which act refers to the prudent man rule or prudent person rule?
ERISA (Employee Retirement Income Security Act)
Which act allows employees to sue for retroactive wage discrimination and the law overturned a previous Supreme Court decision?
Lilly Ledbetter Fair Pay Act
(signed by President Obama …. think “the country could have been ledbetter {lead better}”
Under the Lilly Ledbetter Fair Pay Act, each paycheck resets the _ _ _-day statute of limitations for filing a lawsuit in regard to pay and can date back to the beginning of one’s career.
180
Which act requires certain employers to offer affordable health insurance that provides minimum value to their full-time employees (and their dependents), to communicate about health care marketplaces to employees, to provide a standardized summary of overage to employees, to cover preexisting conditions, and to cover all insurance applicants?
Patient Protection and Affordable Care Act (PPACA)
Which act grants employees the right to keep the group health insurance (and pay the premium along with administrative costs) that they would otherwise lose once they quit, lose their job, or are subject to reduced hours?
COBRA (Consolidated Omnibus Benefit and Reconciliation Act)
Under _ _ _ _ _, employees can retain insurance coverage for up to _ _ months or longer in some situations.
COBRA; 18 months
Under _ _ _ _, employees receive up to _ _ weeks job protected, unpaid leave during a 12-month period to eligible covered employees.
FMLA; 12 weeks
To qualify for FMLA, an employee must have worked for the company for a minimum of _ _ months and must have worked a minimum of _ _ _ _ hours in the previous 12 months.
12 months; 1250 hours
After amendment in 2008, _ _ _ _ covers up to _ _ week military caregiver leave and up to _ _ weeks exigency leave (for matters related to deployment).
FMLA; 26; 12
While under FMLA, an employer must ….
maintain health benefits for the employee.
This act regulates safety and health of employees and is administered by what administration. They are also in charge of safety and health regulations for the construction, agricultural, and mining industries.
Occupation Safety and Health Act; OSHA (Occupational Safety and Health Administration)
De minimus violation/Willful violation is a technical violation that has no direct impact on health or safety.
De minimus violation (least serious)
De minimus violation/Willful violation is an intentional violation or one that shows disregard for an employee’s health or safety.
Willful violation (most serious)
______ -_____ Act requires the payment of prevailing wages and benefits to employees of contractors working on federal government construction projects.
Davis-Bacon Act
(cheat = “dough” = wages = Davis
and “benefits” = Bacon)
__________-_____ ______ ______ ______ establishes wage rates and other work standards for employees of contractors providing services to the federal government.
McNamara-O’Hara Service Contract Act
_______-________ ______ _____ _____ requires the payment of minimum wages and other work standards by contractors providing material and goods to the federal government.
Walsh-Healey Public Contracts Act
The _ _ _ _ _, administers, enforces, and requires government contractors to comply with federal affirmative action and equal opportunity laws, executive orders, and regulations.
OFCCP (Office of Federal Contract Compliance Programs)
MSPA (known as ________ and ______ ________ _____ Protection Act) regulates the employment of agricultural workers.
Migrant and Seasonal Agricultural Worker
Mine Act (known as ______ _____ ____ and _____ ___ of 1977) mandates the safety and health standards of miners and the training of miners, levies penalties for violations, and allows inspectors to close dangerous mines.
Federal Mine Safety and Health Act
Which act states that certain employees who serve in the armed forces have a right to reemployment with the employer they were employed with when hey entered service, including reserves and National Guard?
USERRA (Uniformed Services Employment and Reemployment Rights Act)
Which act prohibits most employers from using polygraphs (lie detectors) on employees (except in limited circumstances?
Employee Polygraph Protection Act
The Employee Polygraph Protection Act does not apply to _____, ____, or _____ __________, or organizations that are contracted through the federal government to provide security.
federal, state, or local governments
The employee protection act prohibits _______, _______, and ______ against employee or candidates who refuse to take the test.
discharging, disciplining, and discriminating
Which act requires employees to receive at least 60 days warning of impending mass layoffs or plant closings?
WARN (Worker Adjustment and Retraining Notification Act)
Company’s with _ _ _ or more employees - who are laying off at least _ _ % of the workforce and at least _ _ employees in total - are subject to the WARN act.
100; 33; 50.
Which agency protects whistleblowers?
Occupational Safety and Health Administration (OSHA)
This refers to the unwritten, informal expectations that exist between an employee and the organization where they work.
Psychological contract
What section of the Employee Handbook should provide an overview of the business and it’s general employment policies (job classification, employee records, probationary periods, etc.).
General Employment Information
What section of the Employee Handbook should contain information about the company’s compliance with equal opportunity, anti-harassment, nondiscrimination, and disability laws, as well as procedures for complaints and grievances?
Anti-discrimination Policies
What section of the Employee Handbook should clarify expectations of employee conduct including dress code and workplace behavior?
Standards of Conduct
What section of the Employee Handbook should protect the company’s trade secrets and proprietary information?
Conflict of Interest Statement
What section of the Employee Handbook should outline pay schedules, timekeeping requirements, OT pay, salary increases, deductions etc.?
Payroll Procedures
What section of the Employee Handbook should explain work hours, schedules, attendance policies, punctuality, and reporting absences?
Work Schedules
What section of the Employee Handbook should explain an employee’s rights and obligations in ensuring a safe and secure workplace, provides instructions for reporting incidents, injuries, and safety hazards?
Safety and Security
What section of the Employee Handbook should explain appropriate use of company-provided hardware and software, steps in keeping data secure, handling of personal information, and reminds employees that the company owns the technology and may monitor and regulate it’s use?
Use of Computers and Technology
What section of the Employee Handbook should outline any benefit programs and eligibility requirements, including all benefits that are required by law?
Employee Benefits
What section of the Employee Handbook explains employee entitlement to vacation time, sick time, paid holidays, family and medical leave, jury duty, etc.?
Time-Off Policies
This statement/doctrine explains that an employee/employer may terminate the employment relationship, with or without reason, and with or without notice.
Employment-at-will
Employees should sign what kind of form indicating that they have read and understand the information in the handbook, as well as resign this form when their are revisions to the employee handbook.
Acknowledgement form.
ADR (also known as _________ _____ _____) refers to a number of tools that can be used to avoid litigation.
Alternative Dispute Resolution
Other than arbitration, _____________ also uses a third party who hears the evidence, makes a final decision, and the mediator helps negotiate the issue. Through this tool, a decision or outcome is not reached unless both of the parties agree.
Mediation.
_______ is a formal complaint where an employee believes that a company policy, collective bargaining agreement, or law has been violated. These require immediate attention.
Grievance.
What term refers to a series of steps that offer the employee opportunities to improve?
Progressive discipline
A progressive discipline program follows these steps in this order.
Verbal Warning, Written Warning, Probation or Suspension, Termination.
A _ _ _ (or a ________________ _____________ ___________) places an employee on probation and requires specific actions to be taken in order to meet the supervisor’s expectations.
PIP (Performance Improvement Plan)
