Employee & Labor Relations Flashcards
see what HR functions need to be done, identify opportunities for improving business results, identify organizational risk
HR Audits
lockout/tagout applies to machinery that may start unexpectedly
Control of Hazardous Energy
sudden/unexpected negative change, cancellation of major contract or natural disaster
Unforeseeable Business Circumstance
Clayton Act (1914)
limited use of injunctions to break strikes
protect from injury resulting from direct/indirect contact with electrical currents
Selection and Use of Electrical Work Practices
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
employer agrees not to say/do anything in opposition of union
Neutrality Agreement
steps to prevent exposures, control plan with post exposure evaluation, follow up, recordkeeping, incident evaluation procedures
Blood-Borne Pathogens
mitigate employers responsibility if workers actions contributed in any way to injury
Doctrine of Contributory Negligence
employer agrees to recognize union based on signed authorization card
Card Check Election
Taft Hartley Act (1947)
- Labor Management Relations Act, response to employer complaints of union abuse
Victor Vroom
Expectancy Theory: motivated by expectation of reward, level of effort to obtain vs reward value
rank employees according to bell curve, small number at high and low end, majority in middle
Forced Ranking
when either 500 employees are laid off or 33% of workforce with at least 50 employees
Mass Layoff
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
where employees come in contact with hazardous materials, compressed gases, explosive blasting agents, liquid petrol, ammonia
Personal Protective Equipment
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
state what employee may or may not do to comply with policy
Work Rule
lists of statements, phrases or words to describe levels of performance, weighted and calculated (always finishes work on time)
Checklists
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)
all employees compared to one employee at a time
Paired Comparison
Norris-La Guardia Act (1932)
organize and strike without interference of federal injunctions, outlawed yellow dog contracts (employee signed to prevent union joining)
review conducted by someone other than supervisor, HR or outside organization
Field Review
when union withdraws petition prior to election, no election for 6 months
Prior Petition Bar
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
