Employee and Labor Relations Flashcards
Alternative dispute resolution (ADR)
Umbrella term for the various approaches and
techniques, other than litigation, that can be used to
resolve a dispute.
Arbitration
Method of dispute resolution by which disputing parties
agree to be bound by the decision of one or more
impartial persons to whom they submit their dispute for
final determination.
Constructive discipline
Form of corrective discipline that implements increasingly
severe penalties for employees.
Grievance procedure
Orderly way to resolve differences of opinion.
Industrial actions
Various forms of collective employee actions taken to
protest work conditions or employer actions.
Labor union
Group of workers who coordinate their activities to
achieve common goals in their relationship with an
employer or group of employers; also called trade union
Lockout
Action of an employer to shut down operations to prevent
employees from working.
Mediation
Method of nonbinding dispute resolution by which a
neutral third party tries to help disputing parties reach a
mutually agreeable decision; also called conciliation.
Picketing
Positioning of employees at a place of work targeted for
the action for the purpose of protest.
Policy
Broad statement that reflects an organization’s
philosophy, objectives, or standards concerning a
particular set of management or employee activities.
Project labor agreement (PLA)
Agreement that requires specific contractors to accept
certain conditions in project contracts, such as paying a
fair wage and contributing to health insurance, pension,
and training funds.
Secondary action
Attempt by a union to influence an employer by putting
pressure on another employer, for example, a supplier.
Sit-down strike
Refusal by workers to work; also refusal by workers to
leave their workstations, making it impossible for the
employer to use replacement workers.
Sympathy strike
Action taken in support of another union that is striking
the employer.
Trade union
Group of workers who coordinate their activities to
achieve common goals in their relationship with an
employer or group of employers; also called labor union.
Unfair labor practice (ULP)
Violation of employee rights; act prohibited under labor
relations statutes
Whistleblowing
Reporting of an organization’s violations of policies and
processes by employees
Wildcat strike
Work stoppages at union contract operations that have
not been sanctioned by the union.
Work-to-rule
Situation in which workers slow processes by performing
tasks exactly to specifications or according to job or task
descriptions.
What type of strike occurs without the approval of union leadership?
Economic strikes
Wildcat strikes
Jurisdictional strikes
Sympathy strikes
Wildcat strikes
Wildcat strikes are work stoppages that are neither sanctioned nor stimulated by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no-strike clauses in contracts. Jurisdictional strikes are the result of disagreements between unions; they occur when one union’s members walk out to force an employer to assign work to them instead of to another union. Sympathy strikes occur when one union expresses its support for another union’s strike even though it has no dispute with the employer. Economic strikes are strikes that occur when collective bargaining fails to reach an agreement.
What is a distinguishing characteristic of peer review dispute resolution programs?
Answers
Employee’s ability to select panel members
Power to change organizational policies
Use of trained employee panels
Use of third-party negotiators
Use of trained employee panels
Peer review panels are trained panels of employees (or employees and managers) that hear and resolve employee complaints.
Which would constitute an unfair labor practice (ULP)?
Answers
Management issues a statement expressing its dislike for unions.
The union fines a member for criticizing union actions.
The union distributes buttons for employees to wear to work.
A supervisor refuses to give a union member preferential treatment.
The union fines a member for criticizing union actions.
ULPs can be committed by employers and unions. In this question, the union commits a ULP by coercing a member and interfering with the member’s freedom of speech. It is not a ULP for the union to distribute to employees items such as hats or buttons, and, in most cases, employees can wear them to work. An employer is not required to give union members preferential treatment, although it is obliged to honor the terms of a collective bargaining agreement. Employers also have the right to discourage unionization as long as they do not threaten, interrogate, punish, or spy on employees.
The HR director and union representatives are unable to resolve a formal grievance at either the local or national level. What is the next step in the formal grievance process?
Answers
Individual bargaining
Further negotiation
Arbitration
Withdrawal of grievance
Arbitration
Arbitration is the next step when the internal grievance processes have been unsuccessful at resolving the matter. Individual bargaining is not permissible if there is a collective bargaining agreement. Withdrawing the grievance is not likely if the employee or union believes there is still an unresolved issue. Further negotiation is not likely to work if the negotiations have moved beyond both the local and national grievance levels.
Which action can be taken by HR to help prevent industrial actions?
Answers
Eliminating the peer panel program for dispute resolution
Communicating the perspective of employees to management
Hiring outside counsel for handling grievances
Negotiating a provision in contracts against sympathy strikes
Communicating the perspective of employees to management
HR can help managers and supervisors understand how employees might view the employer’s behavior. HR can also educate management about what honoring the contract requires and how to avoid behavior that may be perceived as bullying.
Recently, a visibly upset employee came to the employee relations (ER) manager. The manager invited the employee to sit down and waited patiently while the employee calmed down and explained what was wrong. The ER manager then explained what action would be taken to remedy the situation. How could the ER manager’s response have been improved?
Answers
The ER manager could have mirrored the employee’s emotional state.
The ER manager could have included the employee in problem-solving.
A second meeting could have been scheduled to discuss solutions.
The meeting could have been postponed until the employee was calmer.
The ER manager could have included the employee in problem solving.
The employee relations manager failed to confirm his/her understanding of the problem and failed to use empathy by inviting the employee to participate in developing a response. The manager did well in meeting promptly with the employee and showed empathy by not demanding that the employee calm down. Empathy does not require mirroring the other person’s emotional state.
Which step is necessary in conducting an effective investigation of employee complaints that may lead to discipline?
Answers
Selecting a neutral external investigator
Providing a verbal report of the investigation results
Soliciting employee input on interview questions
Providing protection against retaliation
Providing protection against retaliation
Providing protection against retaliation is a necessary step in an investigation for ethical and risk management reasons.
What advice would you give an HR colleague facing an employee grievance in a unionized environment?
Answers
Document all grievance meetings and take notes.
Immediately escalate the matter to the vice president of HR.
Try to exclude the union representative from all meetings.
Agree to change some work rules to settle the grievance.
Document all grievance meetings and take notes.
The best advice is to document all meetings related to the grievance, since individual grievances can become the grounds for union reactions.
What is the correct term for the right of an individual worker to unite with other workers to promote desired employment conditions as a group?
Answers
Codetermination
Collective bargaining
Due process
Freedom of association
Freedom of association
Freedom of association is the right of workers to join (or not join) an organization of their choosing without prior authorization by their employer.
Which is an advantage of using a chosen officer in alternative dispute resolution (ADR)?
Answers
Providing quicker results
Ensuring an objective perspective
Reducing expenses
Empowering employees
Empowering employees
In a chosen officer ADR system, the employee selects an individual from a list of individuals within (not outside) the organization. Having a choice provides some sense of empowerment.
Which alternative dispute resolution (ADR) option allows an organization to determine who will resolve disputes?
Answers
Ombudsperson
Chosen officer
Peer review
Single designated officer
Single designated officer
An organization using the single designated officer approach to ADR designates and empowers a specific individual within the organization to investigate and resolve disputes.
What is a broad statement that reflects an organization’s philosophy, objectives, or standards?
Answers
Business case
Mission statement
Policy
Contract
Policy
A policy is a broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employment activities.
Which is considered a good practice for handling grievances?
Answers
Agree to informal amendments in the contract.
Hold grievance discussions privately with all parties.
Settle grievances on the basis of what is fair.
Trade a grievance settlement for a grievance withdrawal.
Hold grievance discussions privately with all parties.
Ensuring the confidentiality of grievance discussions is in the best interest of all parties involved.
Which action would be considered an unfair labor practice (ULP)?
Answers
Refusing to bargain with a legally recognized union
Conducting scheduled performance appraisals during negotiations
Terminating an employee for just cause
Filing charges against the union for coercing employees
Refusing to bargain with a legally recognized union
In general, a ULP is a violation by an employer or a union of a country’s labor laws. Refusal to bargain with a legally recognized union or to provide information necessary for negotiations is an example of the type of action considered a ULP. The other actions listed are within an employer’s rights.
What is an unfair labor practice?
Answers
Violation of a labor law by an employer or a union
Action by an employer or employee in violation of a contract provision
Employer practice in conflict with local business and cultural practices
Violation of international organizations’ statements of worker rights
Violation of a labor law by an employer or a union
An unfair labor practice is a violation of a country’s labor laws. These laws may be rooted in international treaties on worker rights, but they are country-specific. They can pertain to both employers and employees. They are based in legal statutes, not cultural practices, although cultural practices often influence local laws.
How should an HR professional best work with other leaders to achieve an employee-friendly, non-unionized workplace?
Answers
Create an open-door policy to allow for airing grievances.
Analyze the leaders’ span of control to ensure an appropriate ratio.
Encourage frequent promotions of high-potential employees.
Ensure that two-way feedback mechanisms are encouraged.
Ensure that two-way feedback mechanisms are encouraged.
The most effective of the methods listed is creating feedback mechanisms that promote two-way communication.
