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Human Resource Mgmt > Final Review > Flashcards

Final Review Flashcards

1
Q

Define union, labour mgmt relations and LRO + union rep

A

union - recognized bargaining agent for a recognized association of employees with an identifiable community of interests
labour mgmt relations - ongoing interactions between unions + mgmt
LRO - work on behalf of the firm to deal w/ issues that arise w/ union
union rep - work on behalf of union

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2
Q

Define collective agreement and bargaining unit

A

CA - formal agreement regarding terms + conditions of employment
Bargaining unit - group of employees recognised for CB purposes

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3
Q

2 Elements of Unionization Motivation

A
  1. Economic - justice, bargaining for fair wages
    - security
    - wealth redistribution
  2. Voice - respect inherent dignity of workers
    - institute industrial democracy
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4
Q

Union functions

A
  1. Negotiates CA

2. Assists in dispute resolution

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5
Q

Factors affecting union formation

A
  • perceived utility
  • ideology
  • labour law + public policy
  • degree of employer opposition
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6
Q

Federal and provincial labour legislation guarantees:

A
  • right to join a union
  • good faith bargaining
  • no strikes or lockouts during agreement
  • prohibition of unfair labour practices
  • mandatory conciliation
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7
Q

Purpose/duties of OLRB

A

-develops/oversees administrative regulations for unionization process
-hear complaints of unfair labour practices
determine if bargaining is done in good faith
-remedy violations of legislation (LRA, ESA, OHSA)

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8
Q

Parts of the Collective Agreement

A
  1. Scope of Bargaining Unit - who to include, what locations, etc.
  2. Management Rights - a) defined - expressly clarified in CA, b) residual - everything not ceded to union is mgmt authority
  3. Union Rights - provides for the stability + security of the union
  4. Workplace governance - all conditions of work
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9
Q

Collective Bargaining Process

A

Prepare -> Strategize -> Negotiate -> Formalize

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10
Q

Define grievance, rights arb and interest arb

A

Grievance - written complaint alleging a contravention of the CA by mgmt
Rights arb - mechanism to resolve disputes about the interpretation + application of any part of the CA during the term of that agreement
Interest arb - mechanism to establish or renew a CA for parties (usually those w/o right to strike)

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11
Q

Grievance Procedure

A
  1. Informal meeting to discuss grievance
  2. Written complaint
  3. Written document
  4. Judicial function
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12
Q

Rights arbitration legalistic process, and how it differs from legal process

A

-establish prima facie case
-right to counsel
-evidentiary burden
-present evidence through documents, testimony + cross-examination
-judgement according to the “law” by impartial decision maker
DIFFERENCES:
-may follow arbitral jurisprudence, but not req’d
-final + binding decision (rarely overturned)

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13
Q

Role of arbitrator

A
  • adjudicates disputes arising from the application or operation of a CA
  • decides grievance on its MERITS
  • takes into account all facts and circumstances
  • judges both employee and employer
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14
Q

Arbitrator has to determine:

A
  1. if employee did anything to justify discipline
  2. did their actions warrant the specific sanction?
    - in both instances, employer must have provided due process
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15
Q

Fair + Just Disciplinary Process

A

Rules + regulations - clear expectations of req
Corrective Action - clear explanations of issues, chance to improve
Progressive discipline - warning, suspension, termination
Procedural fairness - be treated properly + w/ due process

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16
Q

Progressive discipline steps

A

Verbal warning -> Written warning -> Suspension -> Termination

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17
Q

Procedural Fairness/Due Process: Right to

A

-know the case
-be heard
-be judges impartially
-reasons for decision
this applies to employer when disciplining employee, and also arbitrator judging both

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18
Q

KVP Factors

A
  • must not be inconsistent w/ CA
  • must be clear and unequivocal
  • must have been brought to the attention of the employee before the company acted
  • employee must have been notified that a breach of the rule could result in discipline or discharge
  • rule has to be consistently enforced by the company
  • must not be unreasonable
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19
Q

Duty of Care

A

Requirement to act towards others with the care and caution that a reasonable person would use in the circumstances
-mgmt has duty to exercise rcare in hiring training assignment and oversight of employees

20
Q

Internal Responsibility System and Worker’s rights

A

IRS - employees, supervisors, workers all have a responsibility to ensure a safe workplace

  1. to know
  2. to participate
  3. to refuse unsafe work
21
Q

Where is harassment protected

A

OHRC
OHSA
Compensable if causes chronic mental stress under WSIA

22
Q

Harassment

A

Comments or actions that are unwelcome and/or should be known to be unwelcome

  • considered a form of discrimination and often linked to one of the grounds
  • obj (reasonable person) and subj (victim)
23
Q

Risk factors for sexual harassment and violence

A
  • working alone/in small numbers
  • providing service, care, advice, or education
  • working w/ unstable or volatile people
  • high ratio of men in positions of power within the organization
  • employees unaware of the reporting procedures
  • unaware of grievance procedures
24
Q

Additional risk factors specific to sexual harassment

A
  • diversity is lacking or diversity is segregated across job types
  • review slide
25
Q

Women who were harassed are more likely to:

Institutional Betrayal

A
  • change jobs
  • be in great financial distress approx 2 years later
  • when an institution you trust or depend upon mistreats you
26
Q

3 Types of Employee Information

A
  1. Employee Information - about the person’s employment ONLY (needed to manage the employee relationship)
  2. Work product information - prepared or collected as part of responsibilities/activities related to work
  3. Personal Information - about the person’s identity
27
Q

Examples of employee monitoring

A
  • Email content, voicemails, files, computer usage
  • Internet connections, keystrokes, networks, email connections
  • Video surveillance, webcams
  • Tracking devices (GPS, smartphone, badges)
  • Biometrics (eyes, fingerprints, hand, palm, voice, face recognition)
  • Wearables collecting data from one’s body
28
Q

Privacy Legal Framework

A

4 Statutes:
1. PIPEDA (Personal Information Protection + Electronic Documents Act) (FED)
2. Freedom of Information and Protection of Privacy Act (ON)
3. Municipal Freedom of Information + Protection of Privacy Act (ON)
4. Personal Health Information Protection Act (ON)
torts of intrusion upon seclusion and public disclosure of private facts

29
Q

Reasonable Expectation of Privacy

A

Right to privacy exists when there is a reasonable expectation of privacy (ex. expectation in your home, no expectation in Goodes Hall atrium)

30
Q

4 Part Test for Balancing Privacy and Monitoring

A
  1. Is measure demonstrably necessary to meet a specific need?
  2. Is it likely to be effective in meeting the need?
  3. Is the loss of privacy proportional to the benefit gained?
  4. Is there a way of achieving this benefit that involves less invasion of privacy
31
Q

10 Privacy Principles (PIPEDA)

A 
Accountability
Identify the Purpose
Consent
Collection Limitation
Limiting use, retention, disclosure
Accuracy
Safeguards and security
Openness
Access 
Compliance
32
Q

2 Jurisprudence on Employee Surveillance

A
  1. Relevancy approach
    -no right to privacy for private sector employees
    -surveillance evidence is admissible in decision-making if it is relevant
  2. Reasonableness Approach
    -there is a (limited) right to privacy
    -surveillance must pass 2 tests to be admissible: 1) do circumstances justify surveillance 2) was manner of surveillance reasonable
    -
33
Q

What must be proven to discipline an employee for off-duty conduct?

A
  1. Employee engaged in misconduct
  2. There is a nexus between off-duty conduct and the workplace
  3. The employer’s interests were harmed by the employee’s off-duty conduct
34
Q

To establish the connection between the conduct and the workplace, consider:

A
  • the nature of the employer’s operations
  • the type of work the employee does
  • the character of the conduct
35
Q

Millhaven Fibres Test

A
  1. Harms company’s reputation or product
  2. Prevents employee from performing duties satisfactorily
  3. Leads to refusal, reluctance or inability of other employees to work with employee
  4. Is a serious breach of the criminal code
  5. Makes it difficult for the company to manage work or direct work forces
36
Q

Mental health definition

A

state of wellbeing in which every individual realizes their own potential, can cope with the normal stresses of life, can work productively and fruitfully, and is able to make a contribution to their community

37
Q

Mental disorder

A

Recognized, medically diagnosable disorders that result in the significant impairment of an individual’s cognitive, affective or relational abilities

38
Q

8 Reasons organisations should take proactive and reactive measures to help employees deal with mental health issues?

A
  1. Productivity, performance, profit
  2. Recruitment (employer brand) and retention
  3. Reduce costs (absenteeism, injury)
  4. Conflict reduction
  5. Employee engagement, morale, commitment
  6. Operational successes
  7. Legal compliance
  8. Moral duty
39
Q

Employer obligations related to mental health

A
  1. Human Rights protections
  2. Occupational Health and Safety Laws
  3. Workplace Safety and Insurance Act
  4. Arbitral jurisprudence
  5. DUTY TO INQUIRE
40
Q

OHSA BILLs for mental health

A

B163 - First responders

B127 - Chronic mental stress

41
Q

WSIB Policy

A
  • traumatic + mental stress are different
  • eligibility for benefits requires diagnosis by designated professonal
  • stressor must be: 1. work-related 2. be excessive in comparison to normal pressures/tensions experienced by workers in certain circumstances 3. have significantly contributed to chronic mental stress
42
Q

CBoC (Conference Board of Canada) Hallmarks of Good Practice

A
  • Comprehensive mental health strategy (proactive + reactive)
  • Mental health policy
  • Benefits including coverage of medications and paramedical services
  • Employee Assistance Programs
  • Leave options
  • Supportive programs and options
43
Q

Role of the Manager in Mental Health

A
  1. Recognize signs of Mental Illness, namely a change in behaviour
  2. Initiate conversation with ill employee
  3. Think about what ill employee needs to hear
  4. Know return to work strategies
  5. Return to Work discussion and support
44
Q

Role of individuals in mental health

A

For others: observe, approach, listen, support, refer, advocate
For self: self-management, self-care, self-advocacy

45
Q

Resilience

A

-capacity to withstand or manage the negative effects of stress, to bounce back from adversity, and endure difficult situations

Human Resource Mgmt (1 decks)

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