III D Human resources (laws, unions, discipline) Flashcards
what is unemployment compensation?
insurance against loss of income**; must be unemployed for a specific period of time, able and willing to work, unemployed through no fault of their own
2 STATE-run laws that govern employment/labor/etc.**
unemployment compensation & Workman’s compensation
who runs unemployment compensation?***
STATE
Workman’s compensation is covered by?***
STATE
what is Workman’s compensation?
insurance covering employers LIABILITY for the costs of any ACCIDENT incurred by an employee in connection with their job
Workman’s compensation - what should be done to prevent using this?
safe place to work, competent supervision, instructions
National Labor Relations Act is AKA**
Wagner Act
the National Labor Relations Act/Wagner Act does what?**
PRO-LABOR: guaranteed right to ORGANIZE and JOIN LABOR UNIONS
what did the National Labor Relations Act/Wagner Act create?**
National Labor Relations Board (NLRB)
what does the National Labor Relations Board (NLRB) do?**
listens to CLAIMS of “UNFAIR LABOR PRACTICE”
Taft Hartley Labor Act-Labor Management Relations Act - what did it do?**
PRO-MANAGEMENT: specified UNFAIR PRACTICES of the UNION
National Labor Relations Act/Wagner Act
VS.
Taft Hartley Labor Act- Labor Management Relations Act
**
- National Labor Relations Act/Wagner Act = PRO-LABOR/UNIONS
- Taft Hartley Labor Act- Labor Management Relations Act = PRO-MANAGEMENT, specified unfair practices of the union
Landrum-Griffin, Labor Management Reporting and Disclosure Act
regulates internal union affairs, bill of rights for union members
Civil Rights Act- what does it do?***
prevents discrimination on basis of race, color, national origin; prohibits SEXUAL HARASSMENT
Civil Rights Act is overseen by whom?***
EEOC (Equal Employment Opportunity Commission)
what is the Equal Employment Opportunity Act?
prevents discrimination IN EMPLOYMENT based on race, color, religion, sex, national origin, political affiliation; also overseen by EEOC
Fair Labor Standards Act is AKA***
Minimum Wage or Wage Hour Law
Fair Labor Standards Act- what does it cover?**
1) MINIMUM WAGE
2) OVERTIME
3) EQUAL PAY (Equal Pay Act)
4) DONATED TIME, compensable
5) child labor
overtime - what has to be paid?
time and one-hald
amendment to the Fair Labor Standards Act?***
Equal Pay Act - no discrimination on basis of sex
what is donated (tolerated) time?**
compensable, must be paid (ex: if allowed, and a worker comes in 30 min before shift, must be paid)
what occupations are EXEMPT from minimum wage and overtime requirements?*****
1) executive
2) administrative
3) professional
4) outside salespersons
where is the minimum wage listed?
Bureau of Labor Standard
Age Discrimination in Employment Act
prevents discrimination due to age
Family and Medical Leave Act- what is it?**
up to 12 workweeks of UNPAID, JOB-PROTECTED leave during any 12 months (for birth or adoption, care for family member, medical leave)
Family and Medical Leave Act- when you return, what are you guaranteed?***
an EQUAL job, but NOT the SAME job!
Americans with Disabilities Act- what does it do?***
provide REASONABLE accommodations, FLASHING ALARM LIGHTS, ramps, lower shelves/phones, aisle and door measurements
Americans with Disabilities Act- aisle width?
36”
Americans with Disabilities Act- door width?
32”
HIPAA: Health Insurance Portability and Accountability Act- what is it?***
allows employees to TRANSFER COVERAGE of an EXISTING ILLNESS to a NEW employer’s insurance plan
Illegal Immigration Reform and Immigrant Responsibility Act
places limitations on persons who remain in the US longer than permitted by their visa and/or who violate their nonimmigrant status
job analysis***
studies ALL ASPECTS of a job; conducted FIRST to collect info for job description
job description***
reflects required SKILLS and RESPONSIBILITES
when is a job DESCRIPTION used?***
matches employees to job, orientation and training, employee appraisal
job specification***
duties involved, conditions, QUALIFICATIONS (education, experience)
when is a job SPECIFICATION used?***
HIRING, selection and placement of employees (NOT in training)
job specification- is it detailed?**
does NOT have detailed information on what to do or time involved
work schedule***
hour by hour, tasks and TIME; used in TRAINING
job breakdown***
what to do and how to do it, NO TIME LIMITS; used in TRAINING
job enlargement***
more similar tasks to alleviate boredom
job enrichment***
upgrades job by ADDING MOTIVATING FACTORS (remember: Maslow and Herzberg motivator)
job description vs. specification**
- description: skills/responsibilities; used in orientation and training, employee appraisal
- specification: qualifications; used in hiring (NOT training), no detailed info for what to do or time involved
work schedule vs. job breakdown
- work schedule = hour by hour, TIME
- job breakdown = what to do and how to do it, NO TIME LIMITS
- *BOTH used in training!
job enlargement vs. job enrichment***
- enlargement = more similar tasks
- enrichment = ADDING motivating factors i.e. advanced training
what is recruiting?
locating most qualified person for the job
Fair Employment Practice Law***
makes it ILLEGAL to ask about RACE, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS; (think: can only ask things relevant to “can you do the job while you’re here?”)
Fair Employment Practice Law- what 2 things can you ask in relation to age or origin?**
1) have you worked here under a different name?
2) are you of the legal working age? (but not specific # of age)
structured (directed) interview***
uses CHECKLIST, gives SAME INFORMATION on all candidates, minimizes personal biases
unstructured (non-directed) interview***
PARTICIPATION from application, no definite checklist, open-ended questions (“tell me about your last job”)
unstructured (non-directed) interview used for what types of positions?***
sales, counseling, management
what is a promotion? vs. transfer?
- promotion = to a job with higher pay, status, performance needs
- transfer = different job but same level, same pay/requirements
benefits of a transfer?
placement of employees where need for services are greater or in jobs they prefer
what is separation?**
voluntary or involuntary TERMINATION of an employee
what is a salary? vs. wages?***
- salary = MANAGERIAL and PROFESSIONAL personnel
- wages = HOURLY earnings of employees covered by Fair Labor Standards Act
what are statutory benefits?**
payment REQUIRED BY LAW*** to ensure income in event of unemployment, injury, or death (ex: Workman’s comp)
what are compensatory benefits? vs. supplementary benefits? vs. statutory benefits?***
- compensatory = benefits or pay for time not worked
- supplementary = life/health insurance
- statutory = required by law for unemployment/injury/death
what is unionization?
a means of collective bargaining
union shop**
must join union AFTER being hired
open shop***
can JOIN UNION OR NOT
closed shop***
must be a member of a union BEFORE HIRE
what types of shops are illegal in public (government) employment?***
union (must join after hire) & closed (must join before hire)
agency shop***
all workers must pay AGENCY FEE, NOT REQUIRED to JOIN union
FYI: in Qs dealing with unions….need to define the type of shop in order to answer the question; if they don’t define the type of shop, answer is NO –>
—>
can unions force employees to join?
no- unless a legal union shop (shop in which employee must join after hire) exists
can unions pressure employers to make employees join?
nope, also cannot discriminate against those who do not join
can unions refuse to bargain collectively with an employer?
no
can employers ask unions about their activities?
no! also cannot interfere with their formation or threaten employees
can employers not hire a union member if he has filed charges against the company?
NO- cannot discriminate in hiring or tenure b/c of union activity or b/c they have filed charges
can employers refuse to bargain?
NO- cannot interfere with right to bargain collectively
can employees strike?
yes- for better working conditions
if a union is not recognized by management, may an employee join?
yes! can join whether or not it is recognized
can employees join together to bargain as a group or must they bargain individually?
can bargain as a group
who is a union steward?***
EMPLOYEE who represents fellow employees as the union representative; DOES NOT GET EXTRA PAY for serving
what is collective bargaining?
one person represents a group of people to bargain with the employer
steps in order of collective bargaining**
BMA: bargain, mediate, arbitrate:
1) bargaining between steward and management
2) if that fails, mediation…neutral person used, decision NOT binding
3) if that fails, arbitration…have a hearing, decision usually BINDING and FINAL step in bargaining
what is an injunction?
COURT ORDER to prevent someone from doing something
before a change in policy can be made, how much of the union must be in favor of the change?
50% + 1
how are grievances settled if non-unionized?**
INFORMALLY by employee and supervisor
how are grievances settled if unionized?**
CONTRACT STATES A WRITTEN FORMAL grievance procedure
what is disciplinary action?
steps taken to CORRECT UNDESIRABLE BEHAVIOR
steps of disciplinary action in order***
1) oral warning
2) written warning
3) suspension
4) dismissal
what is an oral warning? is it placed in the employee’s record?
discuss the nature of problem and corrective actions; yes placed, but only temporary in record
what is a written warning? is it placed in the employee’s record?
repeat violation or as first action if warranted; permanent in employee record
what is a suspension? is it placed in the employee’s record?
forced leave of absence without pay; permanent record
what is the goal of discipline?*****
CORRECT behavior and SAVE the employee!
what is the first step in discipline?**
ASSESS the problem or current problem –> will lead to the solution
in regards to the employee, what do you need to do before you discipline?
be sure employee is AWARE OF SEVERITY of the problem and organization’s standards + if the employee was PROPERLY TRAINED
where should corrective discipline be done?***
IN PRIVATE
what should you compare employee performance to?***
DEPARTMENT STANDARDS, not to another employee
how can you reprimand constructively?
show employee how to improve performance
what is the best use of an employee evaluation?**
improve performance by providing FEEDBACK
what are criteria in performance evaluations?
dimensions against which an employee’s behavior is measured
merit rating (performance eval.)
scales with assigned point values
checklist (performance eval.)
rater records performance, does not rate it (no #s, just yes or no)
critical incident (performance eval.)
records incidents of + and - behavior
self-assessment (performance eval.)
employee can become more involved and committed
what are obstacles to effective appraisals?****
1) halo effect
2) leniency of error
3) error of central tendency
obstacle to effective appraisal: halo effect***
judge on most noticeable POSITIVE TRAIT
obstacle to effective appraisal: leniency of error***
RATE EVERYONE HIGHER than they deserve
obstacle to effective appraisal: error of central tendency***
rate everyone as AVERAGE
what is organizational culture?
shared philosophy, beliefs, expectations, and attitudes that hold an organization together
