Employee and Labor Relations Flashcards
Clayton Act
1914
Limited the use of injunctions to break strikes; exempted unions from the Sherman Act.
Payne v. The Western & Atlantic Railroad Company
1884
Defined employment at will.
Clause that states that even if workers do not join the union, they must still pay the equivalent of dues to the union.
Agency shop
Principle under which regulations that apply to employers and unions also apply to acts of their agents.
Agent-principle relationship
States that when a struck employer effectively uses the employees of an ally as strike breakers and when a union extends its primary picketing to this employer, no violation of the LMRA’s secondary boycott prohibitions exists.
Ally doctrine
Umbrella term used to describe a number of problem-solving and grievance resolution approaches.
Alternative dispute resolution (ADR)
Procedure in which disputes are submitted to one or more impartial persons for final determination.
Arbitration
Materials used in preparing a legal case (e.g. written reports, notes, data); usually excluded from discovery phase.
Attorney work product
Cards signed by employees to indicate that they want union representation.
Authorization cards
Union practice of displaying a banner outside the property of an employer to advertise union’s message.
Bannering
Group of employees a union wants to represent.
Bargaining unit
Giving moe-senior workers whose jobs have been eliminated the rights to transfer into jobs of less-senior workers
Bumping
Legal principle in which, for example, an HR department is culpable for discrimination even though HR had no desire to discriminate, such as when HR is persuaded to take an adverse action against an employee with protected statues by other biased employees who wish to discriminate against the individual.
“Cat’s paw” principle
NLRB certification indicating that a union has won an election and will be the exclusive representative of the bargaining unit.
Certification of representative
NLRB certification indicating that a union has lost an election.
Certification of results
As defined by the NLRB, an employer act that will result in hesitation by an employee to exercise protected rights under Section 7 or the NLRA.
“Chilling”
Case in which Supreme Court ruled a pre-hire employment application required that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.
Circuit City Stores v. Adams
Act that extended collective bargaining rights to federal employees.
Civil Service Reform Act
Act that minimally restricted the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts.
Clayton Act
Clause that states that union membership is a condition of hiring; is illegal (except in the construction industry)
Closed shops
When more than one employer negotiates with the union; also known as multiple employer bargaining.
Coalition bargaining
Process by which management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.
Collective bargaining
Agreement or contract negotiated through collective bargaining process.
Collective bargaining agreement (CBA)
Group of people and resources who come together for the accomplishment of a specific organizational objective.
Committee