Module 5: Employee & Labor Relations

Question 0

National labor relations act (Wagner act)

Answer 0

Applies to all workers (not just unions). Established the NLRB.

Employees have right to:

• Self organize
• Form, join or assist labor organizations,
• Bargain collectively through representation of their own choosing
• Engage in concerted activity for the purpose of mutual aid and protection
• Refrain from such activities

Question 0

Implied contract

Answer 0

Recognizes agreements implied from circumstances (I.e. Employee Handbook)

Question 0

Common law tort claims

Answer 0

Tort law protects a persons physical safety and well being, enjoyment of their property, financial resources and reputation.

Includes negligent hiring/retention, defamation, fraudulent misrepresentation, employee’s duty of loyalty, and invasion of privacy.

Question 1

Implied covenant

Answer 1

Implied covenant of good faith and fair dealing - requires honesty in transactions (cannot fire an employee shortly before he or she is eligible for a pension.

Question 2

Committee

Answer 2

Group of people and resources who come together for a specific project.

Responsibilities are above and beyond regular jobs. E.g. Safety committee

Question 3

Self-directed team

Answer 3

A group of people that works in a self managing way

Assume complete autonomy. Participation is part of daily work. E.g. Self directed team on assembly line that assumes responsibility for ongoing safety issues on that line.

Question 3

Task force

Answer 3

Temporary allocation of personnel and resources for the accomplishment of a specific objective, generally important long-term strategic issues.

Responsibilities above and beyond regular jobs. Can help in career development. E.g. Task force charged with investigating workforce violence

Question 4

Work team

Answer 4

A group of employees responsible for a given end product.

Ongoing charter, responsible for improving processes over which they have direct responsibility and ownership. Participation is daily part of permanent work. E.g. Team responsible for implementing new Environmental Protection Agency a Guidelines for the handling of a hazardous chemical in the workplace.

Question 5

Project team

Answer 5

A group of people who come together for a specific project.

Responsibilities are above and beyond regular jobs. E.g. Coordinating a safety fair

Question 6

Alternative Dispute Resolution (ADR)

Answer 6

Alternative dispute resolution (ADR) is an umbrella term describing a number of problem-solving and grievance resolution approaches. It generally refers to any means of settling disputes outside of the courtroom.

Question 7

Peer Review Program

Answer 7

Type of ADR- Establishes a panel of employees (or employees and managers), trained to work together to hear and resolve employee complaints. The panel may be led by an HR professional. It may not change company policy but sometimes may recommend changes to policy. Peer review is sometimes limited to suspensions and discharges.

Question 8

Sherman Anti-Trust Act

Answer 8

Primarily directed at monopolistic employers. Resulted in injunctions used against union activities.

(Injunctions are court orders that restrict, prevents or requires certain activities. E.g. Injunction against strikes)

Question 9

Clayton act

Answer 9

Clarified and supplemented the Sherman Anti-Trust Act. Minimally restricted injunctions against labor. Legalized peaceful strikes, picketing and boycotts.

Question 10

Railway Labor Act

Answer 10

Applies to both railroad and airline employees today.

Passed to reduce labor conflict and the possibility of transportation strikes. The act seeks to substitute bargaining, arbitration, and mediation for strikes as a means of resolving a labor dispute.

Question 10

Norris-LaGuardia Act

Answer 10

Gave unions a chance to grow - no injunctions can be issued when it’s peaceful. Guaranteed workers right to organize.

Made yellow-dog contracts in enforceable. (Yellow dog contracts force employees to agree not to join a union or participate in union activity as a condition of employment)

Question 11

Arbitration

Answer 11

Arbitration is a negotiated procedure in which labor and management agree to submit disputes arising under the terms of the contract to an impartial third party. Under voluntary arbitration, both parties willingly submit their differences to the arbitration process. Under compulsory arbitration, the law requires that both parties submit to arbitration. In either case, both parties must accept the decision of the independent arbitrator as final and binding, with very limited appeal rights to the courts.

Question 13

Closed Shop

Answer 13

The hiring and employment of union members only. Illegal under the Taft‑Hartley Act.

Question 14

EEOC Complaint Process - waiver of Service of Process Form

Answer 14

An organization is generally notified of a complaint in one of two ways:
A sheriff or another process server delivers a copy.

The plaintiff’s attorney mails a copy of the complaint along with a “Waiver of Service of Process” form.

If the complaint is mailed, many employers want HR or the company attorney to sign and return the waiver. Doing so is important because, in most jurisdictions, it increases the time permitted for a response (to 60 days from 20); it also avoids the complaint being personally served and the company from incurring those costs.

Question 14

Right-to-work legislation

Answer 14

Statutes that prohibit unions from making union membership a condition of employment

Question 15

Coordinated bargaining

Answer 15

Coordinated bargaining occurs when an employer bargains with several unions simultaneously but on a separate basis.

Question 16

Pattern bargaining

Answer 16

In pattern bargaining, a union negotiates a contract with one employer and then uses this contract as a “pattern” for contracts with other employers.

Pattern or parallel bargaining takes place when unions negotiate provisions covering wages and other benefits similar to those that already exist within the industry. This is common in the auto industry.

Question 16

Mediation

Answer 16

Mediation provides a process for resolving disputes using a neutral third person who is trained in mediation techniques; the process negotiates a mutually acceptable settlement but does not impose one.

Question 17

Distributive bargaining

Answer 17

Distributive bargaining results in gains for only one side and is therefore highly contentious

Distributive bargaining takes place when the parties are in conflict over the issue and the outcome represents a gain for one party and a loss for the other. Each party tries to negotiate for the best possible outcome. Distributive bargaining normally occurs over items such as wages and premium pay.

Question 17

Union shop clause

Answer 17

Aka union security clause.

Provisions in a collective bargaining agreement designed to protect the institutional authority or survival of the union. (E.g. Making union membership or payment of union dues compulsory for all or some of the employees in a bargaining unit.

Question 18

Integrative bargaining

Answer 18

integrative bargaining negotiates multiple issues to satisfy mutual needs.

Question 19

Union shop

Answer 19

employer agrees to require union membership as a condition of employment after completion of a probationary employment period. (Illegal in right to work states)

Question 20

Mandatory subjects of collective bargaining agreement

Answer 20

Mandatory subjects are those required by law and the NLRB. Over the years, the NLRB has significantly expanded the list of mandatory subjects to include overtime, discharges, discipline, layoff, recall, seniority, promotion, transfer, safety, vacation, holidays, leave of absence, sick leave, some forms of union security, grievance, demotion, assignment, and contracting out work.

Question 21

Circuit city vs. Adams

Answer 21

According to the Circuit City v. Adams case heard by the Supreme Court in November of 2000, the employee is compelled to enter arbitration if as a condition of employment he or she signed such a contract.

Question 22

Consent election

Answer 22

A consent election is an agreement between an employer and the union to waive the preelection hearing. If the parties agree on preelection issues (including NLRB jurisdiction, bargaining unit composition, balloting procedures, and voter eligibility), they may waive their right to a preelection hearing since there is no need for a formal hearing.

Question 23

Ratification

Answer 23

Ratification deals with the approval of a union contract;

Question 24

Taft-Hartley Act/LMRA/labor-Management Relations Act

Answer 24

established a balance of power between union and management by designating certain union activities as unfair labor practices.

Gave employers right to free speech (can’t threaten).
Gave employers right to file unfair labor practices against unions.
Outlawed sweetheart contracts
Mandated unions represent all employees in the bargaining unit.
Prohibited deduction of union dues w/o consent
Made closed shops illegal
Permitted states to adopt right to work legislation.
Provisions for national emergency strikes (president can order 80 day cooling off period)
Established Federal Mediation and Conciliation Services (FMCS)

Question 25

Blocking-charge bar

Answer 25

A blocking-charge bar occurs when an unfair labor practice charge affecting the proposed bargaining unit is pending.

Question 27

Bumping

Answer 27

Giving more senior workers whose jobs have been eliminated the right to transfer into jobs of less-senior workers. It is frequently stipulated in collectively bargaining agreements.

Question 29

Authorization cards

Answer 29

At least 30% of the eligible employees in a prospective bargaining unit must sign authorization cards before the NLRB will order an election. A union, however, will customarily not petition for an election unless more than one-half of the eligible employees sign cards/petitions in order to increase their chance for a successful vote and to preserve the ability to argue that it has the support of a majority in the event the NLRB rules that a fair election cannot be conducted. If the union has authorization cards signed by more than a majority of the bargaining unit employees, it can also request (or demand) voluntary recognition by card check.

Question 31

Deauthorization

Answer 31

Deauthorization removes the authority of the bargaining representative to enter into and enforce a union security clause.

Question 33

common situs picketing

Answer 33

Where lawful picketing of a primary employer takes place, a secondary employer who occupies common premises may also be affected by the picketing. This common situs picketing is lawful if the picket signs clearly state the employer with whom the employees have a dispute and conduct is clearly directed at the principal/primary entity.

Question 35

Featherbedding

Answer 35

Situation in which unions try to require the employment of more workers than is necessary.

Question 37

Wildcat strikes

Answer 37

Wildcat strikes are work stoppages that are neither sanctioned nor stimulated by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no-strike clauses in contracts. (Illegal)

Question 38

Compulsory arbitration

Answer 38

Compulsory arbitration, in which the law requires that both parties submit to arbitration, is common in the public sector.

Question 39

Decertification election

Answer 39

A decertification election is the means provided by the Taft-Hartley Act for employees to terminate union representation. The decertification petition must be filed with the NLRB between 60 and 90 days before the expiration of the current contract.

Question 40

Recognitional picketing

Answer 40

Recognitional picketing is used to gain recognition of the union as the employees’ bargaining representative. It is limited by law to 30 days, at which the time the union must petition for an election or cease picketing.

Question 41

Neutrality agreement

Answer 41

A union may negotiate with an employer and an employer may agree that the employer will not resist any union organizing efforts.

Question 42

ULP hearing

Answer 42

A ULP hearing is conducted by an administrative law judge (ALJ), who is an individual knowledgeable about labor law and practices but not necessarily admitted to the bar. A staff attorney of the NLRB’s regional office is responsible for prosecuting the case, but the party who filed the ULP charge may also present evidence at the hearing. Both parties are entitled to representation at the hearing.

Question 43

Jurisdictional strikes

Answer 43

Jurisdictional strikes are the result of disagreements between unions; they occur when one union’s members walk out to force an employer to assign work to them instead of to another union. (Illegal)

Question 44

Sympathy Strikes

Answer 44

Sympathy strikes occur when one union expresses its support for another union’s strike even though it has no dispute with the employer.

Question 45

Economic Strikes

Answer 45

Economic strikes are strikes that occur when collective bargaining fails to reach an agreement.

Question 46

Coalition Bargaining

Answer 46

In coalition bargaining, or multiple employer bargaining, more than one employer negotiates with the union. This is common in trucking and other industries where there are many small companies but a single dominant union.

Question 47

Decertification

Answer 47

Decertification gives union members the right to terminate a union that they believe is not representing their best interests. At least 30% of bargaining unit members must sign the petition for decertification.

Question 48

Directed election

Answer 48

A directed election is an election ordered by the NLRB regional director when the parties are unable to consent to an election and after a preelection hearing on the unresolved issues.

Question 49

Adjudication of Employee unfair labor practices (ULPs)

Answer 49

The NLRB adjudicates private-sector ULP charges; the Federal Labor Relations Authority (FLRA) or state agencies process cases in the public sector.

Question 58

When organizational or Recognitional picketing can be considered illegal

Answer 58

when another union has already been recognized or a valid election has occurred in the previous 12 months, or if picketing continues beyond 30 days

Question 66

Secondary boycotts

Answer 66

Secondary boycotts, sometimes called secondary strikes, occur when a union attempts to influence an employer by exerting pressure on another employer. Secondary boycott activities may take the form of picketing and refusing to handle work related to the struck company. In most cases, neutral employers are protected by the NLRA from secondary actions.

Question 67

Consumer picketing

Answer 67

When goods produced by a nonunion or struck plant are consumer products, picketing to inform the consumer may be legal as an exercise of free speech. Consumer picketing or product boycotts involve such activities as distributing handbills, displaying banners, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business.

Question 68

Principled negotiation

Answer 68

Principled negotiation separates the people from the problem; focuses on interests, not positions; invents options for mutual gain; and insists on objective criteria.

Question 69

Positional negotiation

Answer 69

In positional negotiation, people lock themselves into positions and find it difficult to move away. Parties lose sight of the problems to be resolved, and emphasis is placing on winning.

Question 70

Sit-down strike

Answer 70

A sit-down strike occurs when the strikers remain on the employer’s premises during the strike, taking possession of the property and excluding others from entry. This is an unlawful, unprotected activity.

Question 71

Permissive subjects

Answer 71

Permissive subjects (also known as voluntary or nonmandatory subjects) are those that may be bargained but are not obligatory. These might include items such as benefits for retired union members, settlement of ULPs, neutrality agreements, etc. Either side can refuse to bargain on a permissive subject.

Question 72

Labor-Management Reporting and Disclosure Act (LMRDA or Landrum-Griffin Act)

Answer 72

The Labor-Management Reporting and Disclosure Act was intended to protect employees from corrupt or discriminatory labor unions. It gave union members the right to secret-ballot elections for union offices, protection from excessive dues, freedom of speech in union matters, and the right to sue the union.

Question 73

Punitive vs. nonpunitive disciplinary system

Answer 73

A punitive disciplinary system differs from a nonpunitive system primarily in the way the employer responds to infractions. In a nonpunitive system, the employer notifies the employee through warnings that the conduct was below expectations and what the employee must do to cure the difficulty. In a punitive system, discipline may use penalties, such as unpaid suspensions, to enforce compliance with rules. Both systems may use progressive discipline and end in termination. Both systems may involve peer feedback to management.

Question 74

EPP

Answer 74

Employee Participation Program

• Members of employee participation programs must not represent other employees.
• Programs must not be “bilateral” in nature or purpose—i.e., the committee must not be working to generate proposals to management. They must not be engaged in dealing with the employer.
• Committee deliberations must avoid “traditional areas of bargaining,” such as compensation, hours, benefits, and reward systems.
• If there is a union representing the employees, management must at the very least “meet and confer” with the union over the design and implementation of the committees.

Question 75

Safe harbors for EPP

Answer 75

• performance of a management function
• brainstorming
• a suggestion box
• operational jurisdiction: A committee may make proposals related to operational issues, such as safety and quality, but not to terms or conditions of employment

Question 76

Agent-principal relationship

Answer 76

The responsibility to observe these basic rights extends to the agents of both employers and employees, under the agent-principal relationship. In other words, employers are responsible for the actions of their managers and supervisors and unions are responsible for the actions of their agents or officers.

Question 76

Section 7 rights

Answer 76

Rights under NLRA that allow employees to engage or not engage in union activity