Employee & Labor Relations Flashcards by Amelia Kephart

see what HR functions need to be done, identify opportunities for improving business results, identify organizational risk

HR Audits

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lockout/tagout applies to machinery that may start unexpectedly

Control of Hazardous Energy

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sudden/unexpected negative change, cancellation of major contract or natural disaster

Unforeseeable Business Circumstance

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Clayton Act (1914)

limited use of injunctions to break strikes

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protect from injury resulting from direct/indirect contact with electrical currents

Selection and Use of Electrical Work Practices

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Union Unfair Labor Practices

when another union has been lawfully recognized as bargaining rep
when representation election has been held in previous 12 months
when petition isn’t filed within 30 days of picket start

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employer agrees not to say/do anything in opposition of union

Neutrality Agreement

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steps to prevent exposures, control plan with post exposure evaluation, follow up, recordkeeping, incident evaluation procedures

Blood-Borne Pathogens

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mitigate employers responsibility if workers actions contributed in any way to injury

Doctrine of Contributory Negligence

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employer agrees to recognize union based on signed authorization card

Card Check Election

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Taft Hartley Act (1947)

Labor Management Relations Act, response to employer complaints of union abuse

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Victor Vroom

Expectancy Theory: motivated by expectation of reward, level of effort to obtain vs reward value

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rank employees according to bell curve, small number at high and low end, majority in middle

Forced Ranking

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when either 500 employees are laid off or 33% of workforce with at least 50 employees

Mass Layoff

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4 Types of Culture

market: results-based, competitive, profit focused
adhocracy: risk-driven, visionary, entrepreneurial
clan: collaborative, consensus based, shared value
hierarchy: structured work environment, established procedures, organized tasks

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where employees come in contact with hazardous materials, compressed gases, explosive blasting agents, liquid petrol, ammonia

Personal Protective Equipment

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inform employees of appropriate procedures to follow during fire or evacuation, designate employees to remain behind, training and safety officer

OSHA Standard

Emergency Action Plans

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state what employee may or may not do to comply with policy

Work Rule

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lists of statements, phrases or words to describe levels of performance, weighted and calculated (always finishes work on time)

Checklists

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combine qualitative and quantitative data, compare performance against specific examples of behavior attached to numerical rating (5: greets customer warmly 1: rude to customers)

Behaviorally Anchored Rating Scales (BARS)

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all employees compared to one employee at a time

Paired Comparison

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Norris-La Guardia Act (1932)

organize and strike without interference of federal injunctions, outlawed yellow dog contracts (employee signed to prevent union joining)

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review conducted by someone other than supervisor, HR or outside organization

Field Review

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when union withdraws petition prior to election, no election for 6 months

Prior Petition Bar

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employment actions are taken in accordance with established procedures, notifying employees of pending actions and providing opportunity to respond to allegations before final adverse employment decision

Due Process

Risk Management (4 Tenants)

Mitigation: minimizes risk Acceptance: manages risk if it occurs Avoidance: eliminates risk Transfer: used insurance to cover the risk

Clayton Aldefer

ERG Theory: 3 levels of needs: Existence, Relatedness, Growth

sharing of values and beliefs, and behavior related to them

Organizational Culture (why)

letter to employer, union claims to represent majority of workers

Demand for Recognition

J Stacey Adams

Equity Theory: people constantly measure what they put into work against what they get

broad guidelines developed by employer to guide organizational decisions

Policy

process of reviewing how well employees perform their duties in specific period, provides documentation for positive/negative employment decisions

Performance Appraisal

require employers to provide job and workplace environment free from recognized health and safety hazards that could potentially cause death/serious harm OSHA Standard

General Duty Standard

Worker Adjustment & Retraining Notification Act (1988)

- protection for workers in event of mass layoffs or plant closings - applies to companies with 100 FT employees or 100 FT/PT with aggregate of 4000 hours worked - 60 days notice given to individual or union rep

BF Skinner

Operant Conditioning: positive/negative reinforcement, punishment, extinction

colors to be used for different levels of warnings, biohazard, slow moving vehicle signs

Specifications for Accident Preventions Signs & Tags

written document used to describe possible disruptions to operations and actions to be taken to minimize those disruptions and assigning responsibility for executing the plan to specific individuals

Business Continuity Plan

OCEAN traits predictive of success

``` Openness Conscientiousness Extroversion Agreeableness Neuroticism ```

Sherman Antitrust Act (1890)

control monopolies to restrict trade, allowed injunctions to be used against any person or group conspiring to restrain trade

Employee Life Cycle

Attraction, Recruitment, Onboarding, Development | Retention, Separation, Alumni

Unlawful Strikes

- support union unfair labor practices - violate a no-strike clause - strikers engage in misconduct

establish permissible noise levels, hearing-conservation programs, audiometric testing

Occupational Noise Exposure

Americans with Disabilities Act

- develop and implement guidelines for employees to follow when requesting an accommodation - 15 or more employees

wants employer to recognize union, limit of 30 days

Recognitional Picketing

clean workplace to extent type of work allows

Sanitation

describe major fire hazards and appropriate procedures for handling/storage of hazardous materials to prevent them

Fire Prevention Plan

- 50 or more FT employees lost job because single facility shuts down - staggered reduction, if total reductions within 90 day period trigger notification requirement

Plant Closing

employee to act with reasonable skill/care in course of performing work for employer

Duty of Diligence

absolved employers of responsibility if coworkers action caused injury

Fellow Servant Rule

atmosphere must be tested, other personnel required to be in close proximity

Permit Required Confined Spaces

Trade Adjustment Assistance

assist lost jobs due to increase in imported goods, 3 or more works apply to DOL Division of TAA, retraining and reemployment services, allowances, reimbursement of job search expenses

numeric or phrases (meets/exceeds), attempt to quantify a subjective process

Rating Scales

describes how people feel about an or based on observable practices and employee perceptions

Organizational Climate (how)

supervisor makes notes of successful and unsuccessful performance issues during review period

Critical Incident

ongoing process of providing feedback for employees about their performance or develop them into productive contributors

Performance Management Programs

6 Job Stressors

task design, management style, interpersonal relationships, work roles, career concerns, environmental conditions

provide further explanation, more details on policy application

Procedure

when employer terminates for reason prohibited by statute or breaches contract, member of protected class, retaliation

Wrongful Termination

employees involvement in decisions that affect themselves/coworkers

Co-Determination

employees may petition if dissatisfied with unions performance, require signature of 30% of employees

Union Decertification

NLRB won't direct an election while unit covered by CBA

Contract Bar

Labor Management Reporting & Disclosure Act (1959)

placed controls on internal union operations, right to sue union, elections conducted no less than every 3 years (local), 5 years (international)

Lawful Strikes

- in effort to obtain better pay, hours, working conditions - employer committed unfair labor practice - may hire permanent replacements, aren't required to rehire strikers if replacements would be fired

when NLRB certified bargaining representative, election won't be ordered for at least one year

Certification Year Bar

provide information about physical/health hazards related to use of chemicals

Hazard Communication Standards

company actively seeking additional funding, giving notice would negatively affect obtaining the funds

Faltering Company Exception

individuals total immersion into their work, socially, physically, mentally, invested in success of company

Employee Engagement

evaluate likelihood that losses will occur, threats and vulnerabilities must be evaluated for degrees of risk

Risk Assessment

employee to act in best interest of employer and not solicit work away from employer to benefit themselves

Duty of Loyalty

3 States of Stress

Arousal Resistance Exhaustion

employee to act within authority granted by employer and to follow employers reasonable and legal policies, procedures and rules

Duty of Obedience

barred when pending ULP charge

Blocking-Charge Bar

harmful physical and emotional responses that occur when the requirements of the job do not match the capabilities

Job Related Stress

provide adequate first aid supplies, medical personnel available or train workers

Medical Services & First Aid

union wants to attract employees to become members

Organizational Picketing

Wagner Act (1935)

- Labor Bill of Rights, created National Labor Relations Board

employees listed from highest to lowest performer

Ranking Comparison

science that address the way a physical environment is designed and how efficient/safe that design is for people in environment

Ergonomics

if employer voluntary recognized union as rep for unit, election barred to allow parties to negotiate contract

Voluntary-Recognition Bar

NLRB will hold election if 30% of eligible employees sign ______

Authorization Cards

prohibits where union had election in prior 12 month period

Statutory Bar

maintain union but remove security clause such as union shop, dues check off, maintenance of membership clause

Union Deauthorization

action by employer or union that restrains or coerces employees from exercising rights to organize and bargain collectively

Unfair Labor Practice

advise public of union free workplace

Informational/Publicity Picketing

Workforce Investment Act

improve workforce quality, enhance national productivity and competitive ability, reduce reliance on welfare

workers who knew dangers of job when they took it, assumed associated risks, level of pay reflected danger

Voluntary Assumption of Risk

Railway Labor Act (1926)

avoid interruptions due to strikes, protect rights of employees to join union, 90 day cool off period to prevent strikes in national emergencies

combination of legitimate business reason to conduct search and clearly stated policy that employer can demonstrate was communicated to employees

Reasonable Expectation of Privacy