Employee and Labor Relations (39%) Flashcards
Constructive Discharge
Situation in which an employer has made the workplace so hostile and unpleasant that an EE chooses to quit.
Defamation
Provides an individual with protection against accusations or other statements that are damaging to his or her reputation.
Employment-at-will
EE can be terminated at any time, without warning, and without the ER having to show just cause for the dismissal and vice versa.
Promissory estoppel
Common-law protection that may require an ER to follow through on promises made to an EE on certain situations
Respondeat superior
“let the master answer”, protection that holds the ER responsible for actions of his/her EEs when they are acting on behalf of or perf tasks for the ER.
Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
enacted to protect the rights of military reservists who are called to duty in the armed forces. The law prohibits employers from discriminating based on past, current, or future military obligations
Sherman Antitrust Act of 1890
intended to prevent organizations from inhibiting or restricting free trade. the courts ruled that the law’s prohibition of “restraint of commerce” applied to labor union strikes and boycotts, as well. By allowing legal injunctions to be used to stop strikes and boycotts
Clayton Antitrust Act of 1914
clarified and strengthened many provisions of the Sherman Antitrust Act, but it specifically exempted labor unions from the law’s provisions. It allows the use of injunctions to stop strikes only when there was a threat of damage to property.
1926 and amended in 1936, the Railway Labor Act
intended to prevent railroad and airline strikes from resulting in significant trade and transportation problems
Norris-LaGuardia Act of 1932
The right to unionize. The act also prevents employers from interfering in nonviolent union activities and forcing employees to sign contracts indicating they will not join a union (also known as yellow dog contracts).
National Labor Relations Act* of 1935
guarantees workers the right to organize a union, bargain collectively, and engage in collective activities. It defines unfair labor practices, provides for secret ballots in union votes, and established the National Labor Relations Board (NLRB). The NLRB is responsible for ensuring compliance with the NLRA.
Fair Labor Standards Act* of 1938
established minimum wage, maximum weekly hours, and overtime pay requirements in industries engaged in interstate commerce. It also prohibited child labor by those under 16 years of age.
Taft-Hartley Act
identified union activities that constitute “unfair labor practices.” It says that employees cannot be forced to join a union or take part in union activities, and it forbids unions from requiring members to discriminate against colleagues who are not members of the union. It also prohibits unions from charging members unreasonably high membership dues.
4 Types of Unions
Local, National, Federation (collection of national unions in industry), International
Closed Shop
Part of Taft-Hartley prohibiting ERs to only hire union members or force EEs to join
Unionization Process
Generate EE interest - Collected signed authorization cards - Petition NLRB to hold election - Hold secret ballot election - Sign up members and Elect Officers - Engage in collective bargaining over 1st labor contracts - Sign labor act - Employ grievance procedure to resolve disputes
Contract Bar
In almost all cases, unions are prohibited from directing elections when a unit is still bound by a collective-bargaining argreement
Statutory Bar
If a valid election has taken place within a 12 month period, the NLRB will not permit another
Certification-year bar
No elections take place within a 12-month period of the certification of a bargaining representative.
Blocking-charge bar
Elections are not permitted to take place when unfair labor practice charges are pending.
Voluntary-recognition bar
In circumstances where an employer has voluntarily recognized a union as the appropriate bargaining representative, then an election will be prohibited for some amount of time, to encourage contract negotiations between the employer and the union.
Prior-Petition Bar
Sometimes union representatives will begin the process of petitioning for an election, but for whatever reason will withdraw that petition before the election takes place. In such cases, no election will be permitted to take place for the next six months.
Decertification Process
petition requires the signatures of 30 percent of employees, and one cannot be filed until the union has been certified and in place for at least 12 months. After signatures are collected, the petition will be reviewed by the National Labor Relations Board (NLRB). The NLRB will then hold a vote, and if at least 50 percent of employees vote for decertification, then the union will no longer represent workers at that organization.
Deauthorization
held to decide whether to keep or remove a union security clause* from an existing contract.
Union Security Clause
A clause in a collective bargaining agreement which requires all members of the bargaining unit to be union members in good standing as condition of employment
Union Security Clauses
Inclusion of union security clauses in CBA intended to protect the strength of support for the union, in particular, to protect the financial status of the union
Agency stop clause
Require that EEs pay union dues regardless of whether they choose to join the union (encouraging them to join)
Zipper Clause
Prevent the reopening of negotiations once a contract is in place
No strike/No Lockout Clause
EE and union reps may agree to included clauses in CBAs that prohibit either party from initiating a work stoppage during the term of the contract.
3 Key Elements in Affirmative action programs
- Utilization (compares workforce to labor supply)
- Development of Goals and Timetables
- Development of Action Steps
Organizational Scorecard
Tool for measuring those factors that affect or are affected by a certain thing (such as process or campaign) to be studied, and can be used to correct behavior or strategy if the metrics display sub-optimal
Form 300
Used to report work-related injuries and illnesses
Form 300A
ERs required to provide summaries of illnesses/injuries that occur on the worksite during each work year
Form 301
Provides more info about incidents of illness and injury that can be provided on Form 300. requires that the employer provide information about where an employee has been treated for injury or illness and who the treated physician is. Detailed information about the employee’s actions prior to the incident is also required, as well as information about the causes of the incident.
OSHA Standards
General Industry Construction Maritime (transportation) Record Keeping Agriculture
Hazard Communication Standard*
popularly known as the Right-to-Know Law. This standard requires that employees be informed of hazardous chemicals they may be working with or encounter in the workplace.
Mine Safety and Health Act of 1977
It is interested in protecting the safety of coal miners and other mine workers.
Sarbanes-Oxley Act* was passed in 2002
the aim of holding senior executives responsible for the financial practices of an organization. The Act is intended to discourage fraud by holding senior executives for crimes like accounting fraud and record tampering if these actions conceal or alter the financial information that, under the law, must be made available to shareholders. The Securities and Exchange Commission is principally responsible for enforcing the Sarbanes-Oxley Act. The law also increases the penalties for white-collar crimes and requires the regular disclosure of financial reports to the SEC.
The SOX Act also prohibits employers from retaliating against whistleblowers—employees who refuse to participate in or report financial misconduct or financial conduct they reasonably believe violated federal law.
Environmental Hazard
Anything that is present in an employee’s work environment, which poses a risk to his or her safety or health.
3 types of Environmental Hazard
Biological (infectious disease - needles)
Chemical (Substances regularly handled causes illness/death. Toxic chemicals, radioactive material)
Physical (Condition, design flaw, or unsafe object that poses a risk to EE safety/health)
3 Types of physical hazards
Ergonomic (repeated unnatural motion)
Tangible (unsafe objects, conditions, procedures)
Stress (extreme emotional/physical stress)
Safety Data Sheet
Doc that describes a chemical substance
4 Types of Organizational Assets
Financial (cash, securities)
Physical (buildings, plant, machinery)
Information (data, personnel files)
Human
