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Labor relations > First Exam > Flashcards

First Exam Flashcards

1
Q

Any activity between management and unions or employees concerning the negotiation or implementation of a collective bargaining agreement.

A

Labor relations

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2
Q

A written and signed document between an employer entity and a labor organization specifying the terms and conditions of employment for a specified period of time

A

Collective bargaining agreement

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3
Q

Defined in Sec. 2. [§ 152] of the NLRA and means any employee, committee or other organization of any kind in which employees deal with employers concerning grievances, labor disputes, wages, hours, or working conditions

A

Labor organization

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4
Q

Requires “equal pay for equal work” in the same workplace, regardless of gender, and makes it unlawful to retaliate against a person who complained about pay discrimination, or participated in a lawsuit.

A

The equal pay act of 1963

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5
Q

Makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex, and it is illegal to retaliate against a person who complained about discrimination, or participated in a lawsuit. Also requires employers to reasonably accommodate sincerely held religious practices, except in cases of undue hardship.

A

The civil rights ACT (title vll) of 1964

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6
Q

Federal contractors and subcontractors; affirmative action must be taken by covered employers to recruit and advance qualified minorities, women, persons with disabilities, and covered veterans.

A

E>O> 11246 (affirmative action) 1965

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7
Q

Protects people aged 40 and older from discrimination because of age, and makes it unlawful to retaliate against a person who complained about pay discrimination, or participated in a lawsuit.

A

Age discrimination in employment act (ADEA)

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8
Q

Makes it illegal to discriminate against women because of pregnancy, childbirth, or a related condition, and makes it unlawful to retaliate against a person who complained about pay discrimination, or participated in a lawsuit.

A

Pregnancy discrimination act of 1978

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9
Q

Prevents employers from using lie detector tests, either for preemployment screening or during the course of employment, with certain exemptions. Also, employers may not discharge, discipline, or discriminate against an employee or job applicant for refusing a test.

A

Employee polygraph protection act 1988

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10
Q

Prohibits employers from age discrimination in employee benefits.

A

1990 older workers benefit protection act

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11
Q

Makes it illegal to discriminate against a qualified person with a disability in the private sector and in the state and local governments, and make sit illegal to retaliate against a person because the person complained about discrimination, or participated in a lawsuit. Also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability, unless doing so would impose an undue hardship.

A

1990 Americans with disabilities act (ADA)

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12
Q

What are the pros of unions for members?

A
  1. Higher wages
  2. Representation in discipline/discharge cases.
  3. Greater job security.
  4. Better health care, pension, and paid time-off benefits.
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13
Q

What are the cons for member of unions?

A
  1. Union dues

2. Fewer individual rewards based on performance.

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14
Q

What are the pros of Unions for management and owners?

A
  1. System for grievance handling.
  2. Fewer individual requests/complaints.
  3. Standard rules reducing friction at the workplace.
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15
Q

What are the cons of Unions for management and owners?

A
  1. Higher personal costs reduce competitive position.
  2. Less flexible work rules.
  3. Greater time spent on grievances.
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16
Q

What are the pros of unions for society?

A
  1. Increased middle class

2. Leadership in passing major employment laws.

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17
Q

What are the cons of unions for society?

A
  1. Less competitive global position U.S. firms less competitive in global markets.
  2. Image of union leaders
  3. Less relevant in today’s global market place.
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18
Q

Why join a Union?

A
  1. Job security
  2. Wages and benefits
  3. Working conditions
  4. Fair and just supervision
  5. Need to belong
  6. Collective voice
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19
Q

What are the four most important factors affecting the health of the American labor movement?

A
  1. Collective bargaining rights.
  2. Leadership in the labor movement.
  3. Union member solidarity
  4. Action of the NLRB
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20
Q

The soft issues leading employees to unionize were what?

A
  1. recognition, 2. Protection from humiliation, 3. hopelessness, 4. Double standards, 5. Lack of control, 6. Job insecurity, 7. Broken Promises, 8. Representation
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21
Q
  1. The freedom to enter into contracts and to decide the use of one’s economic resources such as capital and labor are essential concepts in capitalism.
  2. Employers are free to seek employees and offer them economic resources in exchange for their labor.
  3. Employees are free to enter into contracts, or not, for their labor.
A

Contracts and Collective Bargaining

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22
Q

Oppressive places of employment -

A

Workers chose to unionize

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23
Q

It requires the National Labor Relations Board to certify a union to represent workers if a majority signs cards that authorize the union

A

Employee Free Choice Act

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24
Q

The new union federation Change to Win aims to build membership and union strength by focusing on a few strategic industries

A

Strategic industry focus

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25
Q

What industries does the Strategic industry focus chose to focus on?

A
  1. Hospitality industry
  2. Health care industry
  3. Airline industry
  4. Casino industry
  5. Shipping industry
  6. Professional workers
  7. Immigrant workers
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26
Q 
Various forms
Voluntary recognition of the union
Performance-based incentive systems
Employee teams
QWL programs
Federal government
Integrative collective bargaining
A

Labor–Management Cooperation

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27
Q

A unique international joint effort between GM and Toyota and the UAW

A

New United Motor Manufacturing, Inc. (NUMMI)

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28
Q

How did the new Japanese management change one of the least productive U.S. auto plants into one of the finest?

A

Cooperation
Fewer job classifications
Fewer supervisors
Work teams

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29
Q

Types of unions?

A
  1. Craft unions
  2. Industrial unions
  3. Unions in the entertainment business and professional sports
  4. Transportation unions in the railroad and airline industries
  5. Unions of agricultural workers
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30
Q

oversees most labor relations activities in the private sector and was created by the 1935 National Labor Relations Act

A

The National Labor Relations Board (NLRB)

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31
Q

The purpose of the _________ was to minimize industrial strife interfering with the normal flow of commerce

A

National Labor Relations Act (NLRA)

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32
Q

The National Labor Relations Board lists employers activities considered unfair labor practices in violation of those rights.

A
  1. Interfering with employees’ rights earlier enumerated
  2. Interfering with the formation or administration of a union
  3. Discriminating against union members
  4. Refusing to bargain with employees’ representatives
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33
Q

is a five-member body appointed for five-year terms by the president of the United States, with the advice and consent of the Senate.

A

The National Labor Relations Board (NLRB)

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34
Q

has jurisdiction over persons when there is a labor dispute affecting commerce or when there is a controversy involving an employer, employee, or a labor organization

A

The NLRB

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35
Q

The following tests must be met before the NLRB is empowered to act.

A
  1. Persons
  2. Labor disputes
  3. Affecting commerce
  4. Employees
  5. Employers
  6. Labor organizations
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36
Q

A legal theory in which federal law takes precedent over state law.

A

Preemption

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37
Q
  1. Agricultural economy

2. Little division between employers and employees

A

Pre-revolutionary america

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38
Q

What was the labor force made up of in pre-revolutionary america?

A
  1. Free Laborers
  2. Indentured servants
  3. Black slaves
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39
Q

An organization of workers dedicated to protecting their interests in the workplace and improving wages, hours, and working conditions

A

Labor Unions

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40
Q

Founded in 1866
The first union to allow skilled and unskilled workers to join in one union
It pursued a political as well as a workplace agenda

A

National Labor Union (NLU)

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41
Q

NLU’s reluctance to admit African Americans to full membership led to the creation of the NCLU
It hoped to affiliate with the NLU but was refused in the 1870 Congress

A

National Colored Labor Union (NCLU)

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42
Q

A group of union organizers who were prosecuted and either executed or imprisoned after an 1875 strike against anthracite mine owners failed

A

Molly Maguires

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43
Q

The bitter and violent strike involving railroad workers from Maryland to Missouri who protested 10 percent wage cuts after a 35 percent cut years earlier

A

Railway Strike - 1877

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44
Q

Demonstration in support of 8-hour day led to a series of confrontations with Chicago police
Public became fearful of labor organizations

A

Haymarket Square Riot - 1886

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45
Q

An organization open to skilled and unskilled laborers, 1. formed in 1869 as The Noble Order of the Knights of Labor (KOL)
2. It sought economic and social reform through political action rather than strikes

A

Knights of Labor

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46
Q

Involved the Amalgamated Association of Iron and Steel Workers and the Carnegie Steel Company
Armed confrontation between strikers and armed Pinkerton guards
Union broken at plant and other steel mills

A

Homestead Strike - 1892

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47
Q

Involved the Pullman Palace Car Company and the American Railway Union
Injunction issued using the Sherman Antitrust Act
Union leaders were jailed

A

Pullman Strike - 1894

48
Q

Founder of American Railway Union
Led the democratic socialist movement in America
Espoused industrial unionism
Ran for president of the U.S. in 1920

A

Eugene Debs

49
Q
  1. created in 1886
  2. A federation of unions made up of skilled workers formed in 1886 by Samuel Gompers
  3. The AFL offered trade unions local autonomy because the national union operated as a decentralized organization
  4. Eventually the AFL merged with the CIO
A

American Federation of Labor (AFL)

50
Q
  1. British-born U.S. labor leader, founder and first president of the American Federation of Labor (AFL)
  2. He was a union organizer known for his opposition to radicalism and political involvement
  3. Believed that unions should focus on economic goals, bringing about change through strikes and boycotts
A

Samuel Gompers (1850-1924)

51
Q 
Western Federation of Miners (WFM) involved in a series of violent strikes
1899 - WFM demanded recognition of union
Company fired all WFM members
Federal troops arrested miners
“Bull Pen”
A

Bunker Hill & Sullivan Mining Incident, Cour d’Alene, Idaho

52
Q
  1. created in 1905
  2. Wobblies
  3. Comprised of Western
  4. Federation of Miners, other activist political and labor groups
    Goals:
    a. Become one large industrial union
    b. Overthrow capitalism in favor of a cooperative society
    c. Participated in a number of highly-publicized strikes
A

Industrial Workers of the World (IWW)

53
Q

first association dedicated to organizing women

A

1903 Women’s Trade Union League

54
Q

Miners on strike were evicted from their company-owned houses
The miners erected a tent colony on public property
The coal operators used the Colorado militia, thugs hired as strikebreakers, attacked without warning, killing 20 men, women, and children

A

Ludlow Massacre - 1914

55
Q
  1. An American leader of organized labor who served as president of the United Mine Workers of America from 1920 to 1960
  2. He was a major player in the history of coal mining
A

John L. Lewis - 1880 –1969

56
Q

A federation of unions made up of industrial workers formed in 1935 by John L. Lewis
The CIO organized unions within industries and included all the workers at a work site rather than restricting membership to one trade
Eventually merged with the AFL

A

Congress of Industrial Organizations (CIO):

57
Q
  1. If two or more people conspired to commit an illegal act, they were guilty of conspiracy whether or not they ever completed the particular illegal act
  2. Cases in Philadelphia, New York, and Pittsburgh
A

Cordwainers Conspiracy Cases

58
Q

A court order that prohibits any individual or group from performing any act that violates the rights of other individuals concerned
Until 1932, injunctions were primarily used by employers to end boycotts or strikes

A

Use of labor injunctions

59
Q

Gave certain protections to union members

Provided mediation and conciliation of railway labor disputes

A

Erdman Act - 1898

60
Q

Stated that:
Labor was not a commodity
The existence and operation of labor organizations were not prohibited by antitrust
Individual members of unions were not restrained from lawful activities

A

Clayton Act (1914)

61
Q

Created during World War I, President Woodrow Wilson formed the ___________ to prevent labor disputes from disrupting the war effort

A

National War Labor Board

62
Q

Passed to prevent disruptions in the nation’s rail service
It required railroad employers to negotiate with employees’ union
In 1936 it was expanded to include the airline industry

A

The Railway Labor Act - 1926

63
Q

created conditions that led to sympathy for workers’ problems
Judicial process was too slow to deal with problems
State legislation was ineffectual

A

Stock market crash of 1929

64
Q

The act restricts the federal courts from issuing injunctions in labor disputes, except to maintain law and order
The act made yellow-dog contracts illegal

A

Norris-La Guardia Act - 1932

65
Q

The cornerstone of U.S. Federal labor law
The act was the first in history to give most private sector employees the right to organize into unions, the right to bargain collectively with employers, defined unfair labor practices by employers, and created the NLRB

A

National Labor Relations Act (The Wagner Act)

66
Q

Passed in 1936
It requires employers to pay covered employees at least the federal minimum wage and overtime pay of one-and-one-half-times the regular rate of pay for work exceeding a 40 hour week

A

Fair Labor Standards Act - 1938

67
Q

Passed in 1959
To help regulate internal union operations
The act amended the Wagner Act and the Taft-Hartley Act
Resulted in the limitation of boycotts and picketing, the creation of safeguards for union elections, and the establishment of controls for the handling of union funds

A

Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act)

68
Q 
It was introduced in the U.S. Congress in 2007
Its primary provisions:
“Card – check recognition”
First contract
Increased penalties
A

The Employee Free Choice Act

69
Q

Headed by Isaac Myers
The NCLU was organized in the South in 1870
The white labor movement did not agree

A

National Colored Labor Union (NCLU)

70
Q

Organized and engineered strikes and demonstrations to improve the lot of African American workers who had been shunted to low-paying jobs

A

Maryland Freedom Union and the Mississippi Freedom Labor Union

71
Q

Major areas of potential growth for unionization

A

Health industry

Clerical workers

72
Q 
Formed by reformers and working women
Adopted a six-point platform
Equal pay for equal work
Full citizenship for women
An eight-hour workday
A minimum wage
Organization of all workers into unions
The economic programs of the American Federation of Labor
A

Women’s Trade Union League

73
Q

Formed in 1974, by the women within the U.S. labor movement

To promote a renewed interest among women to unionize

A

Coalition of Labor Union Women (CLUW)

74
Q

Except for American Indians and their descendants, all the people of the United States are immigrants or descendants of immigrants

A

American Indians and their descendants

75
Q

It was not until after _____ that industrial labor unions took a negative stand on immigration

A

World War 1

76
Q

Unionists supported the ______ , which restricted immigration, because those acts reduced the nation’s labor supply

A

Immigration Acts of 1921 and 1924

77
Q

Current scenario

American employers and unions recognize that new unskilled immigrants are changing workplaces across the United States

A

Union leaders and managers are realizing they must abandon old assumptions to gain the loyalty of each new wave of immigrants

78
Q

African American sanitation workers went on strike in order to be paid minimum wages

A

Memphis sanitation strike

79
Q

consists of a myriad of levels and jurisdictions of governmental units providing basic services

A

The public sector

80
Q

The three levels of government are:

A

Federal
State
Local

81
Q

All three levels of government have two roles as it relates to collective bargaining:

A
  1. In the private sector as creator and protector of collective bargaining rights
  2. In the public sector as employer
82
Q

The federal government is divided into three main branches:

A

The legislative
The judicial
The executive

83
Q

Congress, the legislative branch

A

passes the laws

84
Q

The _________ and is charged with faithful execution of the laws

A

The president is the elected chief executive officer

85
Q

The _______________ have the judicial authority vested in them by the Constitution to interpret the law

A

Supreme Court and all other federal courts

86
Q

A _________ is the governing body of one of the 50 states

A

state government

87
Q

____________ are legally dual sovereigns

A

State governments and the federal government

88
Q

The sharing of governmental power between the federal and state governments
Under the U.S. Constitution, all powers not granted to the federal government are reserved for the states

A

Dual sovereignty

89
Q

________ share power with the federal government, and under the U.S. Constitution, all governmental powers not granted to the federal government are reserved for the states

A

State governments

90
Q

All ______ have a written constitution and a three-branch government modeled on the U.S. federal government

A

states

91
Q

The executive branch of every state is headed by an elected _______.

A

governor

92
Q

The legislative branch is a bicameral legislature made up of a ________________.

A

senate and a house of representatives

93
Q

The __________ is headed by a supreme court which hears appeals from lower state courts

A

Judicial Branch

94
Q

A __________ is the legal term for a local government

A

municipal corporation

95
Q

A _________ is a political creation of a state that is composed of the citizens of a designated geographic area and which performs certain state functions on a local level

A

municipal corporation

96
Q

Give municipalities the power to create an official governing body, such as a board or council

A

States

97
Q

A flexible grant of powers from the state to municipalities to determine their own goals without interference from the state legislature or state agencies

A

Home rule

98
Q

The governmental authority most commonly exercised by municipalities is the exercise of what is called ________
The power to enact laws governing health, safety, morals, and general public welfare

A

police powers

99
Q

Created the federal merit system to address the abuses of the spoils system; administered open competitive examinations; protected employees from being fired for political reasons; and provided that Congress set the wages for federal workers

A

Pendleton Act

100
Q

Two early federal employee organizations, the ____________and the ___________, engaged in intense lobbying for improved salaries, better working conditions, and greater security for letter carriers and their families

A

New York Letter Carriers (1863) and the National Association of Letter Carriers (1890)

101
Q

During the 1930s and 1940s, private sector unionization flourished under the protection of the ______________.

A

National Labor Relations Act

102
Q

Unionization grew later and more slowly than the public sector for a number of reasons:

A
  1. Unions held less attraction for many public employees because they already enjoyed some of the protections sought by private employees
  2. The nature of government employment was predominately white collar, while unionization in the 1930s and 1940s was by and large a blue collar activity
  3. A legal environment that was highly unfavorable to public employee collective bargaining, kept employees at all levels of government from being able to approach government employers and engage in collective bargaining
103
Q

Passed in 1939, amended in 1993, the Hatch Act limited the political activities of federal employees to shield workers from political pressure and ensure that the resources of the federal government were not used to favor a political party

A

Hatch Act

104
Q

The unrestricted and paramount power of the people to govern
In the public sector, this doctrine is presented as a basic reason for not allowing employees to have collective bargaining rights or the right to strike their public employers

A

Sovereignty doctrine

105
Q

The _______ signed by President John F. Kennedy in 1962 allowing federal employees bargaining representation, forms of employee recognition, and the right to collective bargaining

A

executive order

106
Q

An initiative of the Nixon Administration was the passage of _________ that made the U.S. Postal Service (USPS) an independent agency of the executive branch

A

the Postal Reorganization Act of 1970

107
Q

Act designed to reform the outdated federal civil service structure, modeled after the NLRA
Created the Federal Labor Relations Authority to oversee labor–management relations within the federal government

A

Civil service reform act of 1978

108
Q

The ________ was to oversee about 760,000 federal government civilian employees

A

National Security Personnel System (NSPS)

109
Q

The unions successfully ________ in court actions to the changes in the labor relations sections of the NSPS

A

objected

110
Q

There is no federal law currently governing the ________________relationship between states and local governments and their employees

A

collective bargaining

111
Q

allow all state and municipal employees to join unions and to collectively bargain with their governmental employer

A

Comprehensive laws

112
Q

laws either grant rights to most state or local employees

A

Targeted collective bargaining

113
Q

either prohibit public sector collective bargaining or are silent on the subject

A

Restrictive collective bargaining rights

114
Q

may adopt collective bargaining laws or, by practice, recognize and bargain with employee organizations

A

Local, county, and municipal governments

115
Q

Public sector unions today fall roughly into three categories:

A

Associations or fraternities
Public sector–only unions
Mixed unions

116
Q

Many public sector unions have their roots in professional associations and fraternities that developed before

A

widespread public sector collective bargaining

117
Q

Collective bargaining in the private sector is largely shaped by _______.
Collective bargaining in the public sector, however, is ultimately shaped by ______.
The core difference - government is not a _____

A

a. Market forces
b. political forces
c. business

Labor relations (2 decks)

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