Employee & Labor Relations Flashcards
define Constructive discharge
when an employer has made working conditions so intolerable that employees feel forced to quit
define Promissory estoppel
when an employer fails to provide a promised reward to an employee for an action they completed
what is Responseat superior
a doctrine that holds employers responsible for employees actions performed under their job duties
Glass Ceiling Act
part of Title 2 of the Civil Rights Act - mentions it being difficult for people in protected classes to move into management roles
what are the USERRA employer legal obligations? (3 things)
- provide a leave of absence for up to 5 years for employees in the National Guard or reserves who are called to active duty in time of war or national emergency. Employers must also provide leaves for boot camp, annual training, weekend duty, and other legitimate military obligations
- provide the same benefits that they provide to any other employee on a leave of absence.
- Employees on military leave accrue seniority and other benefits as though they were continuously employed
- Employees’ pension benefits are protected, and vesting and pension accrual are treated as though there was no gap in employment. Employees have up to three times the length of their leave (up to a maximum of five years) in which to make up any required pension contributions
- Employees who return to work after a leave of more than 30 but less than 181 days cannot be fired without cause for 6 months; employees who return to work after a leave of 181 days or more cannot be fired without cause for one year.
National Labor Relations Act (1935)
guarantees workers the right to organize a union, bargain collectively, and engage in collective activities
-created the National Labor Relations Board to arbitrate deadlocked labor disputes, ensure democratic union elections, and penalize unfair labor practices by employers
what does Fair Labor Standards Act (FLSA) 1938 cover? (4 things)
establishes min wage, max weekly hours, OT requirements, and age requirements
What does theTaft-Hartley/ Labor Management Relations Act cover
states employers can’t require employees to join a union or take place in union activities and prohibits discrimination against non-union members; also prohibits unreasonably high membership dues
What is covered under title 7? (7 things)
race
religion
national origin
sex
pregnancy
gender identity
sexual orientation
What businesses are excluded from Age Discrimination Act?
companies with less than 20 workers
In what 4 circumstances are employers not required to provide FMLA?
1) to the top 10% of the highest paid employees at a company
2) to employees who work less than 25 hours each week
3) Employees who have not been with the company for at least 1 year
4) When a company has less than 50 employees
What 2 sectors are required to provide FMLA regardless of employee count?
1) Public agencies
2) Schools
What is required with employee’s pay and benefits when out on FMLA leave?
1) Benefits must continue as if they were still active in the company
2) if bonuses are given out to all employees, bonus must be paid to someone on leave
Labor union
a group of people working together to achieve shared job-related goals, including higher pay and shorter working hours
Are businesses allowed to make promises to keep employees from forming a union?
No. this is illegal
4 catagories of Unions
1) Local
- represent employees at a single organization or a group of organizations in a localized area, like a town
2) National
- represent employees across the US and are made up of a collection of local unions
3) Federation
- composed of a collection of national unions representing employees in related industries
4) International
- represent employees in multiple countries
Where are union elections held?
National Labor Relations Board
What are the steps to Union Certification? (ISD)
- Interest - Employees must establish interest in unionization
- Sign -Employees must sign authorization cards to be represented by the union
a. Union advocates must get at least 30% signed authorization cards from eligible voters who will be represented by the union to move forward - Decision - The employer can then either recognize the union or refuse
If employer refused and >50% of authorization cards have been signed, then the union officially comes to represent the bargaining group
If employer refused and 30%-50% cards have been signed, an election is held
If during the election, the union receives >50% support from employees authorized to vote, the union becomes the official, certified bargaining representative for those employees
Eligible Employees Requirements (PAAS)
- former employees during the period of the election
- Active employee on the day of the election
- Absent Employees who are sick, on vacation, on military leave, or have been temporarily laid off as of the day of the election are eligible to vote as well
- Striking employees, even when new permanent employees have replaced them, may vote if the election takes place within 1 year of the start of the strike
what does the Excelsior List contain and who must it be provided to?
the names and addresses of all employees in the bargaining unit of a union;
must be provided to the NLRB after it’s been determined that an election will take place
Types of Bars on Union Elections (CSC BVP)
-Contract
-Statutory
-Certification Year
-Blocking charge
-Voluntary Recognition
-Prior Petition
Define each bar csc bvp
Contract - unions are prohibited from directing elections when a unit is still bound by a collective-bargaining agreement
Statutory - the NLRB will not permit an election if a valid one has taken place within a 12-month period
Certification year - No elections take place within a 12-month period of the certification of a bargaining representative
Blocking charge - Elections are not permitted to take place when unfair labor practice charges are pending
Voluntary recognition - when an employer has voluntarily recognized a union as the appropriate bargaining representative, an election will be prohibited for some amount of time to encourage contract negotiations between the employer and the union
Prior petition - 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 6 months
define Decertification
the process of removing a labor union as an authorized representative of employees in a particular bargaining unit
What does a decertification petition require (2 things)
-signatures of 30% of employees
-the union has been certified and in place for at least 12 months
Union Security Clause
requires all members of a bargaining unit to be union members in good standing or at least pay the union basic costs for representation as a condition of employment
Deauthorization
the process of removing an existing Union Security Clause from a collective bargaining agreement
When can deauthorization take place? (3 things)
-any point during the life of the contract
-at least 30% of employees have signed it
-at least 50% of employees vote for deauthorization
Unfair Labor Practices (ULP)
when an employer or union violates any of several labor law provisions
How long doe employees, union reps, or employers have to file ULP claim?
6 months
Is the NLRB’s ruling on UFL practices final?
No. an appeal can be filed with the US court of appeals
define Collective Bargaining
the process of an established union negotiating a contract with an employer
define Constructive Confrontation
- a mediation method designed to resolve a primary dispute by recognizing and addressing secondary disputes
define Grievance
- a formal complaint against an employer; often starts with an immediate supervisor and proceeds up the chain of command until resolution; if no solution can lead to arbitration
define Alternative Dispute Resolution (ADR) and provide examples
- using different techniques designed to resolve workplace conflicts and avoid tense work environments
- Examples of ADR include: mediation, arbitration, ombudsman, adjudication, and peer review
define Zipper clause
- prevents reopening of negotiations once a contract is in place .
define No strike/lockout claues
- prohibits work stoppage during the term of the contract
what is union Security/AKA agency shop clause
when a company requires employees pay union dues regardless if they join the union
define Sexual Harassment (3 parts)
unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or
2. submission to or rejection of the conduct or request is used as a basis for employment decisions, or
3. the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
List the 2 types of sexual harassment
- Quid pro quo “this for that.” , a person in authority (usually a supervisor) demands sexual favors from an underling as a condition of getting or keeping a job benefit.
- Hostile work environment harassment* coworkers or supervisors engage in unwelcome sexually-charged behavior making the workplace atmosphere intimidating, hostile, or offensive.
When are employers deemed “aware” of sexual harassment?
When it’s:
1. openly practiced in the workplace;
2. well-known among employees; or
3. brought to the employer’s notice by a victim’s filing a charge. xxx
Define affirmative action
attempt to increase the representative of minorities in the workplace xxx
What are the 3 elements of an affirmative action plan?
- utilization analysis - a comparison to the racial, sex, and ethnic composition of the employer’s workforce compared to the available labor supply
- Protected classes
- Develop Action Steps
What does form 300 cover and when must it be completed?
Basic work-related injuries report; must be completed within 1 week from the time the injury took place
What does form 300A cover? When does it need to be posted?
summaries of work-related injuries and illnesses; must be posted by Feb 1st and remain viewable through April 30
What does form 301 cover? What does it include? (4 things)
provides more information about incidents of illness and injury that can be provided on the OSHA Form 300
-info about where an employee has been treated for injury or illness
-who the treated physician is
-Detailed information about the employee’s actions prior to the incident
-information about the causes of the incident
OSHA requirements for employers (4 things)
- Inform employees of their rights under the Occupational Health and Safety Act, any relevant regulations, and the specific health and safety standards that apply to their workplace
- Train employees in recognizing and using required safety procedures
- Post warning signs that identify potential hazards, and display the “OSHA Poster”—which informs workers of their rights under the Act—in a prominent place
- Train employees to use safety equipment, and to use work-related tools and equipment as safely as possible
What fields does OSHA cover? (5)
- General industry
- Construction
- Maritime
- Record keeping
- Agriculture
What does the Hazard Communication Standard require?
employers to make employees aware of dangerous chemicals in the workplace through labels and detailed information sheets
6 Types of OSHA violations
1) De Minimis: This occurs when a standard is violated, but that violation does not currently affect the health or safety of employees.
2) Other-Than-Serious: This violation type occurs when a standard is violated that does affect the health and safety of employees, but no harm is imminent.
3) Serious: This type of violation occurs when there is an imminent risk that an employee will be harmed or killed.
4) Failure to Abate: This type of violation is issued if an employer continues to violate a standard after a date of abatement is established by a previous OSHA investigation.
5) Repeat: A repeat violation occurs when an employer continues to violate the same or similar standard after an OSHA investigation.
6) Willful: When employers intentionally ignore or intentionally violate OSHA standards, they can be found to commit a willful violation.
What are the citations for the different OSHA vilations?
De Minimis: informed but no citation
Other-Than-Serious AND Serious: Citation and may be required to pay a fine up to $7,000 per violation
Failure to Abate: Citation and may be required to pay a fine up to $7,000 per violation each day after the abatement date
Repeat: Citation and may be required to pay a fine up to $70,000 per violation
Willful: Citation and required to pay fines from $5,000 - $70,000. If an employee’s death results from the violation, an employer may face additional penalties and jail time.
Who must establish a drug free workplace policy?
any employer that receives federal funding or has federal contracts totaling at least $100,000 a year must establish a drug-free policy for the workplace
AND
employers must also establish an awareness program to educate employees about the problems that can arise from workplace drug use and let them know where they can seek help if they need it.
What does Sarbanes Oxley do?
mandates certain practices in financial record keeping and reporting for corporations
What are the 3 types of physical health hazards?
1) ergonomic - repeated unnatural motions
2) tangible - unsafe objects, conditions, or procedures
3) stress - arise from extreme emotional or physical stress
What are examples of alcohol/drug related behavior that can be addressed?
loud confrontations, frequent careless mistakes, habitual tardiness
What are the 2 plans OSHA requires companies to develop?
a emergency action plan and a fire prevention plan
Define an Employee Privacy Policy
a written document that explains the purpose of employee monitoring and investigations, and outlines the situations where can and cannot expect to enjoy their privacy
What insurance allows companies to share the risk associated with defending employee lawsuits?
employment practices liability insurance (EPLI)
How long must a company keep payroll records?
3 years or until final disposition, if a lawsuit is filed
How long must companies keep worker’s comp/osha injury records?
5 years
How long must companies keep consumer credit reports?
they should be disposed of right away xxx
What does the Electronic Communications Privacy Act cover?
makes it illegal to monitor oral or wire-based communications unless an employer has a legitimate business need to do so or an employee consents to be monitored
What is the most likely way a human resource professional would influence legislation?
Lobbying lawmakers
What is the first step in putting together an Affirmative Action Plan?
identifying the race/ethnicity and gender of employees in each job group
What type of OSHA violations can lead lead to jail time if an employee dies?
willful
What does the Fellow Servant Rule state?
employers are not responsible for
injuries caused to an employee by a fellow employee
Executive order that added sex to protective classes
375 xx
Who is exempt from OSHA?
Low risk industries with less than 10 employees xx
what is a tort?
an alleged violation of duty or contract that results in legal liability
What is the difference between disparate impact and treatment?
impact is unintentional discrimination where treatment is intentional
