PHR Questions Flashcards
Formative Evaluation
Evaluates training value that is produced to the organization and its cost. Analyzes goals, design, implementation, results and impact
Part of Lewin’s Change Theory is the concept of forcing change by power, but have a reward for change, education about the process, assistance in the process, and assistance with the emotional process. What concept is this?
Overcoming Resistance
Learning by Adapting
Culture and vision lead the organization
there is communication thru all channels
Performance is tracked
Adaptability retained
Crosby Theory
- Zero Defects
- Quality conforms to requirements
- emphasis on prevention
- Quality measured in monetary terms
- Employer expects performance and effort
- Employee expects raises, benefits, and opportunities
Psychological Contract
Performance of organizational planned approach
needs and interaction of employees
Organizational Development
Paired Comparision
employees compared to each other
-each employee is compared against each of the other employees to select the best
Human Processual Interaction
-Focuses on core processes and relationship changes which directly effect how employees accomplish their work
Implementation Theory
is an area of research in game theory concerned with whether a class of mechanisms (or institutions) can be designed whose equilibrium outcomes implement a given set of normative goals or welfare criteria
Fair Use Doctrine
Portions may be used depending on the way a work is used, how much of it, the price and market impact
Five parts of ADDIE Model
- Analysis
- Design
- Development
- Implementation
- Evaluation
Analysis Phase of ADDIE Model
instructional problem is clarified, the instructional goals and objectives are established and the learning environment and learner’s existing knowledge and skills are identified
Design Phase of ADDIE Model
deals with learning objectives, assessment instruments, exercises, content, subject matter analysis, lesson planning and media selection.
Development Phase of ADDIE Model
the developers create and assemble the content assets that were created in the design phase. Programmers work to develop and/or integrate technologies. Testers perform debugging procedures. The project is reviewed and revised according to any feedback given.
Implementation Phase of ADDIE Model
a procedure for training the facilitators and the learners is developed. The facilitators’ training should cover the course curriculum, learning outcomes, method of delivery, and testing procedures.
Evaluation Phase of ADDIE Model
- Formative Evaluation: present in each stage of ADDIE
- Summative Evaluation: tests designed for domain specific criterion-related referenced items and providing opportunities for feedback from the users.
Values of organization, external environment, organization behavior reactions
Organizational Culture
Three Stages of Lewin’s Change Theory
- Unfreeze
- Change
- Refreeze
- Determine what needs to change
- Ensure there is strong support from management
- Create the need for change
- Manage and understand doubts and concerns
Unfreeze
- Communicate often
- Dispel rumors
- Empower action
- Involve people in the process
Change in Lewin’s theory
- anchor the changes into the culture
- develop ways to sustain change
- provide support and training
- celebrate successes
Refreeze
managing employees and organizational operations
Operational Executor
4 pieces of Kirkpatrick Learning Model
- Reaction
- Learning
- Behavior
- Results
Measure your participants’ initial reaction to gain an understanding of the training program and valuable insights into material, quality, educator and more
Reaction part of Kirkpatrick Learning Model
Measure how much information was effectively absorbed during the training and map it to the program or individual learning objectives
Learning phase of K-Pat Learning Model
analyzes the differences in the participant’s behavior at work after completing the program. Assessing the change makes it possible to figure out if the knowledge, mindset, or skills the program taught are being used the workplace.
Behavioral change phase of K-Pat Learning Model
determines the overall success of the training model by measuring factors such as lowered spending, higher returns on investments, improved quality of products, less accidents in the workplace, more efficient production times, and a higher quantity of sales
Results phase of K-Pat Learning Model
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
transfer of training
best practices and experience from prior trainings effect future trainings
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
Negative Accelerated Learning Curve
Learner Processes information quickly then learning tappers off
Learning is slow to start then picks up as learner goes along
Positive Accelerated Learning Curve
Positive Accelerated Learning Curve
Learning is slow to start then picks up as learner goes along
experienced in business functions of the organization
Business ally
Business ally
experienced in business functions of the organization
total cost / # of participants. Determines whether to train internally or externally and whether to buy or license
Cost per participant
Cost per participant
total cost / # of participants. Determines whether to train internally or externally and whether to buy or license
Strategic Architect
carrying the organization vision
Technostructual
focuses on job tasks, work improvement and organization structure.
focuses on job tasks, work improvement and organization structure.
Technostructual
Organization development
performance of organization planned approach. Needs and interaction of employees.
performance of organization planned approach. Needs and interaction of employees.
Organization development
trainer is selected and training is given
implementation
Vroom’s expectancy theory
predicts that employees in an organization will be motivated when they believe that- effort will yield better job performance, better job performance will led to valued rewards
predicts that employees in an organization will be motivated when they believe that- effort will yield better job performance, better job performance will led to valued rewards
Vroom’s expectancy theory
Human Processual Interaction
focuses on core processes and relationship changes which directly effect how employees accomplish their work.
focuses on core processes and relationship changes which directly effect how employees accomplish their work.
Human Processual Interaction
measure learning
post - test job performance testing / prepost - compare performance after to the established average
Change Process Theory
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
When using Kirkpatrick’s Learning Evaluation Model, you often use learning. What is learning in this context?
Observing any employee changes due to the training
Critical incidents
measure employee performance and outcome to workplace incidents
Glass Walls
Nonrevenue functions and cannot transfer
Non revenue functions and cannot transfer
Glass Walls
When is affirmative action required?
- 50 or more employees AND
- $50,000 or more in government contracts
As per record retention requirements according to the EEOC, how many years must an employee’s records be kept if they were involuntarily terminated?
1 year from term date
Vietnam Veteran Readjustment Act 1974
affirmative action to employ and advance in employment of Vietnam era veteran or disabled veteran.
Reverse Discrimination
favoring a historically disadvantaged group at the expense of members of a historically advantaged group
Privacy Act of 1974
Answers to questions should be based on Federal Laws.
Pregnancy Discrimination Act of 1978
Equal treatment of pregnant employees. If employee unable to perform job do to pregnancy, treat employee as a temporary disabled employee modifying tasks.
Worker Adjustment returning notification (WARN)
assured displaced workers could adjust their schedule and wage requirements after a disaster
Ethnocentric employment
involves hiring expatriates for all key management positions.
Define management forecasts
management uses their experience to predict outcomes
Nominal Group Technique
Experts work together for recommendation
Define reference check
involves verification of factual past employment, education, financial, driving, records.
Griggs vs. Duke Power 1971
Adverse impact, discrimination unintentional is still unlawful
Employers must have an explicit policy to deal with this or else they risk severe legal consequences. As employers they are obligated to protect their employees from this
Sexual harassment
prohibits federal contractors and federally-assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.
Executive Order 11246
Burden of proof on employer, allow punitive damages, class discrimination was one factor
Civil Rights Act of 1991
company is one international business managed from any location
Geocentric
As per record retention requirements according to the EEOC, how many years must they keep their payroll records?
3 years
Delphi Technique
Random experts give recommendations separately
Bona Fide Occupational qualification
employer can exclude specific people because of the job requirements.
employee coerced into resigning
Constructive discharge
company is 1 international business managed from any location
Geocentric Business
fast process to bring foreign workers in when no qualified local workers are available
Program electronic review management
hiring expatriates for all key management positions.
Ethnocentric employment
Business Necessity
Position requires specific certification or study to perform job functions.
intent and scope impact of the bill.
Written Report Publication
evaluates the relationship of one variable compared to another. Shows predicted response based on dependent against an independent variable at the same time one at a time.
Simple linear regression
Rehabilitation Act of 1973
Protects rights of Employees with physical and mental Disabilities, impairment with record of treatment
Subcommittee or ignored and bill dies.
Committee Action
What are the 7 steps to making a bill?
- Creation of bill
- Committee Action
- Floor Action
- Vote
- Conference Committees
- Presidential Action
- Creation of Law
bill placed in the calendar
Scheduling floor action
Learning by adapting
the culture and vision lead the organization, communication through all channels, track performance, adaptable
the culture and vision lead the organization, communication through all channels, track performance, adaptable
Learning by adapting
work created by employees, consultants, Work for hire independent contractors is owned by company but creator is legally-recognized author of that work
Copyright Act of 1976
employees compared to each other. Each employee is compared against each of the other employees so select best out of the choices
Paired Comparison
problem focused Learning in which participant is involved in the planning and evaluation of their instruction.
Andragogy
values of organization, external environment, organization behavior reactions
Organizational culture
best practices and experience from prior trainings effect future trainings
transfer of training
Learner Processes information quickly then learning tappers off
Negative Accelerated Learning Curve
Learning is slow to start then picks up as learner goes along
Positive Accelerated Learning Curve
vision, goals, and core foundation of the organization change
Organization transformation change
focuses on job tasks, work improvement and organization structure.
Technostructual
Comparing performance after the training to the established average
Measuring learning
Have participants mastered the skills as a result of trianing?
learning
Drawback to internally developed training
time intensive
performance of organization planned approach. Needs and interaction of employees.
Organization development
focuses on job tasks, work improvement and organization structure.
Technostructual
focus on group change
Socialtechnical
values of organization, external environment, organization behavior reactions
Organizational culture
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
who developed Formative Evaluation?
Brinkerhoff
evaluates trainings value it produces to the organization and associated cost. Analyzes goals, design, implementation, results, impact
Formative Evaluation
was the training the only reason for the change? are employees meeting objectives? has positive performance increased?
measuring results
What is the advantage of using a banquet?
good for small group
freedom of employees to learn at there own pace
asynchronous learning
What happens during development phase of ADDIE model
develop course
test program on small set of employees. Get feedback from program participants, clear presentation, examples
Pilot Programs
vague wording, leniency, bias, similar, favors, liking,
Appraisal errors
What do you do during observation?
You watch and use a checklist
What is performance management?
mission / goal orientated based on objectives
What is the advantage of using questioning?
You can make questions open ended and challenging
clear, consistent, valid, based on action, realistic, within time frame
identify objectives
point system for measuring quality or best of employees based on categories
Rating scale
values, role models, leaders, routines, network. common goals, communication, interaction of the employees in the workplace. Is the climate acceptable to change.
Organization culture
How change occurs in organization, individual needs on environment Plan, communicate, get leadership, implement change
Change Process Theory
Simone creates a procedures policy that clearly defines how the company should deal with certain customer situations. What organizational culture value is she espousing?
routines
Company B completely scrubbed their management and now needs to come up with new goals. They want to hear feedback from current employees. They devise a survey to:
benchmark
Company A creates a new employee handbook that has very strong policies on the company goals and beliefs. What organizational culture value is Company A espousing?
values
There is a great tool that HR managers use to assess the values, external environment, and behavior reactions of the organization. What is this tool known as?
organizational Culture
demanded end to child and convict labor, woman’s equal pay a progressive income tax, and the cooperative employer-employee ownership of mines and factories.
Knights of Labor
The Knights of Labor made several important advancements for workers’ rights in America. Which of the following is NOT from the demands of Knights of Labor?
Employer – employee relation
Company A has a festering problem between the managers and supervisors. The employees performance is starting to suffer as a result. They devise a survey to:
Tackle problems before become major
Employees in Company C decide to stop going to morale events because they are working long hours and no one seems to care. How might a survey help Company C?
Soliciting feedback on employee attitudes
Who wants all workers to be united within a single union as a class and that the wage system should be abolished
Industrial Workers of the World
Railroad Strike, severe multiple economic issues caused strained employee relations
The Great Labor Uprising of 1877
May Day observances for employees, peaceful rally after a strike against the standard 8 hour workweek ended in police violence
Haymarket riot 1886
made United Automobile Workers a major force in labor rights history, become president of the CIO, increased pay for workers
Walter Reuther
Jill forgets file payroll for a new department in the company. It’s the second time in 2 weeks she’s forgotten. What should she receive?
Written warning
vision, goals, and core foundation of the organization change
Organization transformation change
one of the first federations of labor unions in the US, concern with working conditions, pay and control over jobs
American Federation of Labor (AFL)
What does Organizational Culture help you do?
Assess the values, external environment, and behavior reactions of the organization
first major unions willing to organize African-American workers, lead one of the best period for workers in US history
United Auto Workers
demanded cooperative employer – employee ownership of mines and factories
Knights of Labor
A classroom is a one arrangement for learning. What is the negative aspect of using a classroom?
It is harder to get interaction in a larger group
test program on small set of employees. Get feedback from program participants, clear presentation, examples
pilot
how many officers and employees killed in Haymaker Riot of 1886?
7 officers
4 employees
Protects privacy of email in storage
Stored Communication Act
How big does the business need to be for COBRA to apply?
20 people
Define COBRA
provides individuals and dependents who may lose medical coverage with opportunity to pay for continued converage. Employer may not charge more than 102% of costs
jobs that require comparable skills effort, responsibility and working conditions should pay the same as those of men
Comparable Worth
In a defined benefit plan, how long is the vesting period?
5 years
Requires participants to work a certain amount of time before receiving benefits
Cliff Vesting
Which law established the claw back provision?
Sarbanes Oxley
allows publicly traded company to take previous executive incentive pay upon ocurrence of misconduct
Claw Back Provision
When would broad banding be useful?
When hierarchical organizations flatten out
Define broadbanding
combining several salary grades on classifications with narrow pay ranges into one band with wider spread
- Prohibits discrimination based on origin or citizenship
- penalties for hiring illegals
- must establish identity thru I-9
- 4 or more employers
Immigration and Reform Control Act
- Provides relief to employers using 3rd party to conduct internal investigations
- includes provisions that reduce identity theft
Fair and Accurate Credit Transactions Act
- Protects privacy of back ground information and ensures that it is accurate
- Employer must provide pre-adverse action notice to applicant or employee before refusing to hire or fire
- Notice must include copy of consumer report and summary of rights
Fair Credit Reporting Act
-Protects employer against employee claims that their legal rights have been violated
Employment Practices Liability ACt
It is unlawful for employers to use polygraphs in employment decisions except for narrowly-defined security positions
Employee Polygraph Protection Act
adverse impact
selection rate for protected class is <80% of rate of class with highest selection rate
progressively collects info from group without physical presence
Delphi Technique
- List of job titles ranked from lowest to highest paid within org
- Used in affirmative action process
Workforce Analysis
- Doctrine that says a party can be held liable for wrongful actions of another party
- Employer responsible for employees
Vicarious Liability
-Require candidate to demonstrate a min degree of strength, dexterity and coordination in a specialized skill area
Psychomotion Test
-supporting of employees exiting business to transition them to new jobs
Outplacement
What does the nominal group technique
prevents domination of discussion by one person
-Gathers information by asking individuals to respond to questions posed by moderator then asking participants to prioritize the ideas of group members
Nominal group technique
- Creates rolling time frame for filing wage discrimination claims
- Expands plaintiff field
- resets statute of limitations by 180 days with every check
Lilly Leadbetter Fair Pay Act
-Interviewer fails to recognize responses of candidate that are socially acceptable rather than factual
Cultural Noise
What are the two types of criterion related validity?
- Concurrent
- Predictive
-refers to link between a selection device and job performance
Criterion Related Validity
degree to which an interview or test or selection device measures the KSA’s of a job
Content Validity
- Extent to which selection device measures the theoretical construct or behavioral traits of a candidate
- ex. IQ, aptitude test, mechanical comprehension
Construct Validity
tests group for certain construct then compares to results obtained in the future
Predictive Validity
-criterion related validity by relating test scores of a group to some other criterion measure administered at the same time
Concurrent Validity
- expands victims to include compensatory and punitive damages
- compensatory damages do not include back pay
- right to a jury trial
Civil Rights Act of 1991
- considers internal and external availability of minorities
- step in the affirmative action process
availability analysis
What are the 5 P’s of marketing
1) promotion
2) people
3) price
4) place
5) product
4 stages of organization
1) intro
2) growth
3) maturity
4) decline
- opportunities lie outside of conventional market boundaries
- creation of new markets
- “breaks the rules”
Blue Ocean Strategy
What are the 4 stages of planning?
1) formulation
2) development
3) implementation
4) evaluation
-ensuring that everything is carried out according to plan
controlling
-designing a structure to assist in goal accomplishment that relates human and non-human resources to business tasks
organizing
transactions measurable in only money are part of what?
balance sheet
requires that expenditures be justified for each new period
zero-based budgeting
what is the balance sheet formula?
assets=liabilities+equity
Which act established right to work?
Taft-Hartley Act or Labor Management Relations ACt
no person can be compelled to join a union
right to work
-grants management full authority and discretion over items listed in the contract unless contract limits managements rights in a particular area
Reserved rights doctrine
petitioning union withdraws petition prior to election and then no elections for 6 months
Prior Petition Bar
an employer has voluntary recognized a union and there is a necessity to give time for negotiation
Voluntary Recognition Bar
there is no pending unfair labor practice charge
Blocking Year Charge
- NLRB has certified a bargaining rep
- there can be no election for 1 year.
Certification Year Bar
elections cant be held when one took place in the last 12 months
Statutory Bar
elections cant be held because a CBA is still active and valid
Contract Bar
- Act that originally provided railroad employees the right to organize and bargain collectively
- Now covers airline employees
Railway Labor Act
What are the components of principled bargaining?
- separate the people from the problem
- focus on interest not positions
- create options for mutual gain
- insist on objective criteria
Define positional or distributive bargaining?
winner takes all
employers permit employees to present their issues before an internal committee comprised of employees and management
peer review panel
contract between a union and an employer under which the employer agrees not to oppose a union attempt to organize its work force
Neutrality Agreement
Labor Management Reporting and Disclosure Act
protects rights of union member from corrupt or discriminatory labor unions
What is the other name for the landrum-griffin act?
Labor Management Reporting and Disclosure Act
define ombudsman
designated impartial person not involve in dispute who can give counsel to employees to resolve complaints
T/F Target benefit plan is a non qualified plan
F
allows for catch-up contributions to the retirement plan of employees of 50 and older?
Economic Growth and Tax Relief Reconciliation Act
Company B has cut funding to their company’s day care program. Employees are not happy and they do not serve the customer as efficiently. Their customers aren’t happy. What factor should they pay close attention to?
A. Turnover
B. Accidents
C. Orientation program
D. Customer satisfaction
customer satisfaction
performance management tool focusing on the financial output of every element that can effect employee performance
balanced scorecard
employee is not discharged from company after a history or pattern of putting other employees in harms way and causes other employees injury
negligent training
employer is free to discharge individuals “for good cause, bad cause, no cause at all,” and the employee is equally free to quit, strike, or cease work anytime. burden of proof rests upon the discharged employee.
at-will
violation of discrimination law. If employer violated employment laws, or constitutional rights, breached employee/employer contract, violated employers own firing policy, fired for absence for jury duty, or fired under guise of false statement of fact
wrongful termination
physical or electronic intrusion of ones private quarters, Public disclosure of private financial, personal, health information. Unauthorized use of a persons name for benefit.
invasion of privacy
Mark sends out ideas to his company for a new benefits package. Another employee suggests an idea, and Mark uses it without giving him credit. What ethics principle is this violating?
A. Professional responsibility
B. Ethical leadership
C. Professional development
D. Fairness and justice
a
Shelly is a manager and she adamantly interviews every employee that was injured in the past to determine where management failed. What value did her company instill in its employees?
A. Improved communication
B. Strong management
C. Effective medical training
D. Proactive approach to safety
b
What are the components of environmental scanning?
- economic
- competition
- political
- global
- technical advancements
- demographics
Implied contract exceptions
employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists, burden of proof is on the fired employee
Roosevelt’s attempt to reverse the great depression. Ruled unconstitutional after 2 years by supreme court.
National Industrial Recovery Act 1933
Company A’s head supervisor is rumored to be verbally abusive towards employees. The employees’ performance is starting to suffer as a result. They devise a survey to:
A. Express feelings, opinions heard from employees
B. Tackle problems before become major
C. Benchmark
D. All of the Above
b
the pay rates are based on current employees pay and the task they perform and employees who do less are paid less in comparison to that employee
leveled data
Positive motivation = constant maintenance of employee Achievement, Recognition, Responsibility, Advancement, growth – leads to happier employee
Motivational hygiene Theory
Jackie is a friend of a manager who works at an expensive restaurant. She tries to get a discount on her meal, claiming her manager friend said it was OK. What is this?
A. Wrongful termination
B. Invasion of privacy
C. Implied contract exception
D. Defamation
b
internal business functions in retaliation to customer satisfaction
Business Processes
What event is considered to be the spark that led to labor pressing for better conditions?
Triangle Fire
What is an economic weapon?
- strikes
- picketing
- boycotts
This organization fought for these goals:
1) 8 hr work day
2) elimination of child labor
3) Elimination of convict labor
4) Establishment of cooperatives to compete with capitalism
5) equal pay for equal work
6) government ownership of telegraph facilities and railroads
7) public land policies that favored settlers over speculators
8) progressive income tax
Knights of Labor
- characterized by aggressive collective bargaining techniques
- significant local autonomy
- represents workers in trucking and warehouse industries
Teamsters
What judicial tool did courts use in the past to repress the growth of labor unions?
Conspiracy in Constraint of Trade
Occurs when two or more persons plan to injure another person in an unlawful way or to commit an unlawful act
Conspiracy
- prohibited yellow dog contracts
- limited jurisdiction of federal courts to grant injunctions in labor disputes
Norris-LaGuardia Act
define yellow dog contracts
a contract between a worker and an employer in which the worker agrees not to remain in or join a union.
legal case in which the Massachusetts Supreme Court ruled that the common-law doctrine of criminal conspiracy did not apply to labour unions
Commonwealth v. Hunt, (1842)
define employee
individual who performs services for another for compensation under circumstances where the person for whom the services are performed has the right to control the manner and means in which those services are performed
independent contractor
person who performs services for another for compensation under circumstances where the person performing hte services retains teh right to determine the manner and means of how the services are to be performed
define employer
person who hires employees to perform services for compensation and who exercises control over the manner and means the employees will use in performing those services
define single employer
two or more persons (individuals or business organizations) that constitute a single integrated enterprise by reason of their common ownership or control of the fact that they are functionally a continuous operation or production process
When is polling by employer to gauge interest levels in unionization?
1) The employers sole purpose is to determine whether a union demanding voluntary recognition without an election represents a majority of employees
2) employees are notified what the purpose of the poll is
3) the employees are given positive assurances that there will be no retaliation
4) polling conducted in non-coercive atmosphere
What are the rights of workers under the NLRA Section 7?
1) form, join or assist unions
2) bargain collectively
3) engage in concerted activities
4) refrain from any of the above
group of actions by workers in pursuit of legitimate employment goals and objectives
Concerted Activities
picketing and striking are examples of ____
concerted activities
What are the 2 primary functions of the NLRB?
1) Supervises and conducts representation elections
2) determines unfair labor practice charges against employers and unions
What are the jurisdictional thresholds of the NLRB?
$50,000 to $500,000 annual dollar volume in interstate commerce
What employers are not covered by the NLRA?
-Federal and state government bodies covered by Railway Act
What employees are not covered by the NLRA?
- Ag workers
- independent contractors
- domestic servants
- supervisors
- employees of a parent or spouse
- employees of exempt employers
_______ refers to a procedure by which a group of employees are given opportunity to decide whether to be represented as a distinct group or to be represented as a larger established unit.
Globe Election
In what two ways are bargaining reps selected?
1) voluntary recognition
2) certification election in which union wins
After petition is filed for representation with the NLRB, the union must demonstrate at least 30% of employees eligible to vote. this is called ——-
showing of interest
a group of employees with a clear and identifiable community of interests who are (under U.S. law) represented by a single labor union
bargaining unit
In selecting a bargaining unit, what are the two factors taken into account?
1) size of unit
2) composition of unit
The NLRB makes decisions about what is an appropriate unit based on the extent to which employees in the unit have common interests and working conditions. This is called ———
Community of Interests
What factors are utilized by the NLRB to define a community of interests?
- job functions
- skills
- pay
- supervision
- significant interaction between employees
Can employees who deal with priveleged financial and personnel information and non-full-time employees be part of a bargaining unit?
no
As management, when is it ok to discuss union activities or sympathies with employees?
- questioning must be isolated
- atmosphere must be free of coercion or intimidation
Will the NLRB conduct a rep. election while unresolved unfair labor practice charges are pending?
no
What are the NLRB’s no-solicitation rules?
1) Discussion of union representation during work time and in work areas can be prohibited
2) Employees have a right to discuss union representation and working conditions in non-work areas during non-work time
Define excelsior list
company must furnish to the union a list of name and addresses of employee prior to an election to give them access to those employees
union elections may only be held once per year
election year rule
union election may not be held withing one year after a union has been certified by the NLRB
certification year rule
prevents a representation election from being held while a written collective bargaining agreement is in effect up to a max period of three years. petition for election can only happen 60 to 90 days prior to expiration of contract
contract bar rule
if an employer voluntarily recognized a union in good faith a subsequent petition would be barred for a reasonable period of time
recognition bar rule
election conduction by the NLRB in which employees represented by union vote to disestablish the union as their representative
decertification election
substantial evidence rule
rule of law in unfair labor practice cases that factual findings of the NLRB will be accepted by a reviewing court if they are supported by substantial evidence on the record considered as a whole, even if the reviewing court would have found otherwise had it considered the case in the first instance
How long is the statute of limitations for unfair labor practice filing?
6 months
the following are examples of what?
- polling employees about union sympathies w/out assurance of no retaliation
- surveillance of employees engaging in protected activities
- predictions of plant closings if union selected
- promises of wage increases for those who reject union
- coercing employees into filing decertification petition
independent interference, restraint, and coercion
define union domination
influence of employer is so pervasive that the union is not able to function freely and effectively as an independent entity in representing employees
financial or other assistence given to a union by an employer
assistance to a union
refusing to to rehire union workers during an employer lockout unless they resign from union
employment discrimination based on union affiliation
an employer will not be held responsible for remedying an employment discrimination unfair labor practice if the employer can show that the adverse action would have occurred regardless of employer motive
Wright Line Test
applies to employees who work under a union contract that contains a union security clause and permits employees who choose to do so to only pay fees to the union related solely to the costs of collective bargaining
Financial core membership
right to work state
relating to or promoting a worker’s right not to be required to join a labor union.
requires that an employer and a union meet at reasonable times with an open mind and a sincere desire to reach an agreement if possible but it does not require either party to agree to a proposal or make a concession
good faith bargaining
legal principle that in every employment contract there is an implied covenant that the parties will deal with each other honestly and in good faith
covenant of good faith and fair dealing
What are the 3 exceptions to the at-will doctrine
- public policy exception (whistleblower)
- covenant of good faith and fiar dealing
- implied contract exception
requires that a reasonable person viewing all of the circumstances would reach the conclusion that the discharge was not fair or justified
Just cause standard
define employment
1) wages
2) hours
3) other terms and conditions of employment
protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.
NLRA
prescribes standards for wages and overtime pay, which affect most private and public employment.
FLSA
imposes a wide range of fiduciary, disclosure and reporting requirements on fiduciaries of pension and welfare benefit plans and on others having dealings with these plans. These provisions preempt many similar state laws.
ERISA
requires employers with more than 50 employees to provide workers with up to 12 weeks of unpaid, job-protected leave for the birth or adoption of a child, for the serious illness of the employee or a spouse, child, or parent, or for emergencies related to a family member’s active military service, including childcare requirements. If the active servicemember becomes seriously ill or is injured in the course of their duties, coverage may be extended for up to 26 weeks of unpaid leave during a 12-month period.
FMLA
generally relates to serious misconduct, such as violating company policy, failing a drug test, or breaking the law.
termination for cause
believe that discrimination was involved in your separation from the company,
wrongful termination
Internet-based system that compares information from an employee’s Form I-9, Employment Eligibility Verification, with data from the U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
e-verify
Benefits a company must provide their employees. These usually include social security taxes, unemployment insurance, worker’s compensation, disability insurance, leave benefits and family and medical leave.
statutory benefits
When new employees are added to an existing bargaining unit because of the acquisition of a new facility or creation of a new job description. The community of interest test is used to determine whether the new employees belong in the bargaining unit.
accretion
one who pays the union an agency fee in lieu of regular union dues.
agency employee
fee paid to the union by members of the bargaining unit who have not joined the union. This fee is considered compensation to the union because the union must represent all employees regardless whether they are members or not. Also referred to as Fair Share Fees.
agency fee
A union security clause that requires a bargaining unit employee to pay a service fee equal to union dues even though the employee chooses not to join the union.
Agency Shop
may result when the same owner and manager of one company shuts down operations and reopens doing the same thing but with a new name.
alter ego
A small card signed by employees authorizing the union to act on behalf of that employee even though that employee is not a member of the union.
authorization card
organization that is the exclusive representative of all employees in a bargaining unit.
bargaining agent
the straight time rate of pay, excluding premiums and incentive bonuses.
base rate
When one party to a representation election (typically the union) files an unfair labor practice (ULP) charge with the National Labor Relations Board in an effort to get the election postponed until the ULP is resolved.
blocking charge
union’s concerted refusal to work for, purchase from, or handle the products of an employer.
boycott
targeted at neutral employers in an attempt to get the neutral employers to stop doing business with the company that the union is having a dispute. this is illegal.
secondary boycott
A right arising from the collective bargaining agreement where employee who would otherwise be scheduled for layoffs are permitted to displace less senior employees in other job classifications for which they are qualified.
bumping
Compensation to workers who report to work but are later sent home. Examples include collective bargaining agreements include “show up pay” when employees are erroneously called to return to work for overtime and then sent home; when an employer reports to work but is sent home due to insufficient work to be done.
Call-In Pay
Method of talking to each union member to convey information, gather information, or plan for concerted activity like a strike.
canvas
A union term for meetings called by management and held on company time. The purpose of these meetings is typically to convey facts about union organizing to employees. Employees are paid for their attendance at these meetings.
captive audience meeting
A method of organizing a union without holding a secret ballot election. Signed authorization cards are checked against a list of employees in a prospective bargaining unit to determine if the union has a majority of employees’ signature on cards.
card check
Official recognition by the NLRB that an employee organization is the exclusive representative for all employees in an appropriate bargaining unit for the purpose of collective bargaining.
certification
The party filing the unfair labor practice charge or grievance.
charging party
Place of employment where employees must become members of the union before being hired. this is illegal
closed shop
Formal paper issued by the NLRB to start an unfair labor practice hearing before an Administrative Law Judge.
complaint
An employee whose job requires access to confidential information that contributes to the development of labor management relations. not part of bargaining unit
confidential employee
NLRB Form 651 that serves as an agreement between the employer and the union that both sides will be bound the decision of the NLRB Regional Director in a representational vote. By consenting, the parties waive their right to an appeal. Consent agreements are the same as stipulation certificates.
consent agreement
A secret ballot election for union representation agreed to by management, employees, and the union
consent election
When two or more unions cooperate to bring about changes in contract language that affects all unions involved.
coordinated bargaining
Deployment of strategic pressure against an employer during a union organizing drive or negotiations. This pressure is multifaceted and involved attacking the employer’s social, financial, and political networks and mobilizing union members in a comprehensive approach.
corporate campaign
Organization of workers who perform skilled or semi-skilled labor ex. electricians
craft union
When an employer operates two closely related companies – one union and one non-union. Double breasted employers generally assign most of its work to the non-union operation.
Double Breasted Operation
When an employer deducts union dues from members’ paychecks and remits the dues money to the union.
dues check off
A union’s obligation to represent all people in the bargaining unit as fairly and equally as possible. A violation of this duty occurs when the union acts arbitrary, discriminatory, or in bad faith.
duty of fair representation
A work stoppage by employees seeking economic benefits such as wagers, hours, or other working conditions.
economic strike
can economic strikers be replaced?
yes
his law requires that persons engaged in the administration and management of private pensions act with the care, skill, prudence, and diligence that a prudent person familiar with such matters would use. The law also sets up an insurance program under the Pension Benefit Guarantee Corporation (PBGC) which guarantees some pension benefits even if a plan becomes bankrupt.
ERISA
The right of a certain union that has been certified by the NLRB or other government agency to be the only official union representing a particular bargaining unit.
exclusive bargaining rights
insistence by unions on employment of unnecessary workers, i.e. demanding payment for work no longer performed by workers because of machines or robots. dramatically increases labor costs and decreases productivity.
featherbedding
A union-used derogatory term to describe an employee who works in an open shop and chooses to not join the union but is still covered by the collective bargaining agreement.
free rider
When employees pass out literature protesting working conditions, independent contractors, or an employer’s bargaining position. generally occurs at the entrance to an employer’s parking lot so vehicles that enter must stop and receive the literature. is a form of informational picketing.
handbilling
The process by which unions dispatch workers to employers on an as needed basis.
hiring hall
an agreement where an employer agrees to stop doing business with a non-union company, and if the employer purchases goods from or goods are delivered by a non-union company the union can refuse to handle those goods. outlawed in 1959.
hot cargo agreement
A strike that is called but is in violation of the law. For example, a strike that ignores “cooling off” restrictions or disregards a “no strike” clause is illegal
illegal strike
Court order forbidding unions to engage in certain activities defined. When employees strike, employers typically seek these to limit the number of strikers, as well as the location and hours of the strike activity.
injunctions
Fee required by most unions that all new members must pay before becoming members of the union.
initiation fee
Concerted activity by employees designed to put pressure on the employer without resorting to a strike. Examples include: wearing T-shirts, buttons, or hats with union slogans, holding parking lot meetings, collective refusal of voluntary overtime, reporting to work in a group, petition signing, jamming phone lines, etc.
job action
When two or more unions use one negotiating team to effect simultaneous contract settlement or identical contract language.
joint bargaining
A committee of equal numbers of union and management representatives that hear grievances.
joint committee
A term used when one employer possesses sufficient control over the work of the employees of another employer to qualify as a joint employer with the actual employer. This concept recognizes that the business entities involved are in fact separate but they share or co-determine those matters governing the essential terms and conditions of employment
joint employer
mended the original 1935 National Labor Relations Act to curb some of the rampant union power by requiring periodic reports by unions and regulating union trusteeships and elections.
Landrum-Griffin Act of 1955
Closing of a plant by management to pressure workers to accept the employer’s terms and conditions of employment. These typically occur during negotiations of collective bargaining agreements.
lockout
Certain rights that are not subject to negotiation include the right to manage to operate the employer’s organization. these rights clauses are expressly included in collective bargaining agreements and generally include the right to hire, fire, promote, suspend, and discharge employees, direct the work of employees, and establish operating policies.
management rights
A place of employment where employees do not have to belong to a union or pay union dues in order to continue working for that employer even though a collective bargaining agreement covers that place of employment. By law, the union must represent all employees, both union members and non-members, equally.
open shop
A group of employees in a non-union shop who are designated to represent their co-workers during the representation campaign.
organizing committee
When employees engage in an economic strike, the employer has the right to hire permanent replacement workers. If there is no back to work agreement between the union and the employer after the strike ends, employees replaced during the strike are put on a preferential hiring list, must wait for openings to occur, and are not guaranteed a future job with that company
permanent replacement worker
Federal law that regulates labor relations in the railway and airline industry. This law guarantees workers in the railway and airline industry the right to form a union and bargain collectively, severely controls the timing and rights to strike, and bargaining units are national instead of workplace specific like under the NLRA.
Railway Labor Act of 1926
A worker who is brought into the unionized facility to replace a union member that chose to go on strike
replacement worker
A union term for when an employer transfers work from one plant to another plant, usually in another city or state. To counter employer’s ability to relocate production away from a unionized facility, unions seek unambiguous contract language forbidding any movement of corporate assets or production.
runaway shop
A legal doctrine that treats two or more related enterprises as a single employer.
single integrated employer
system designed to increase worker productivity without increasing compensation
speed up
when can non-solicitation policies become invalid?
if the employer picks and chooses which organization it allows to solicit, i.e. Girl Scouts for their cookies, and which organizations cannot solicit.
A union-used term for a non-employee who is brought into the unionized facility to replace a union member who chose to go on strike
strikebreaker
acquires an already existing unionized operation and continues that operation in approximately the same manner as the previous employer, including the use of the previous employer’s employees.
successor employer
An amendment to the National Labor Relations Act that sought to curb imbalanced power in favor of unions by adding provisions to the Act allowing unions to be prosecuted, enjoined, and sued for a variety of activities, including mass picketing and secondary boycotts
Taft-Hartley Act of 1947
Twenty-Four Hour Rule
Employers are prohibited from making election speeches to employees within 24 hours before a scheduled election. Unions, on the other hand, can continue to communicate with employees about union representation during this time period.
When employees engage in an unfair labor practice strike, the employer has the right to hire replacement workers.
Unfair Labor Practice Replacement Workers
T/F Once the NLRB has ruled that the strike was in fact an unfair labor practice strike, the employer must terminate the unfair labor practice replacement workers and return the strikers to their pre-strike positions
T
When employees strike over an unfair labor practice. Employees cannot be easily replaced in this case
Unfair Labor Practice Strike
A form of union security provided in a collective bargaining agreement that requires employees to belong to or pay dues to a union as a condition of continued employment.
union shop
union shops exist in right to work states
false
The rights of employees covered by the NLRA to request union representation during investigatory interviews if they reasonably believe that the interview could result in discipline.
Weingarten Rights
A spontaneously organized strike, typically triggered by an incident on the job that is undertaken without official union authorization.
wildcate strike
t/f wildcat strikes are illegal
no but they are not covered by NLRB
Agreement where an employee promises to not join a union if hired. this is illegal.
yellow dog contract
A type of damages award in an employment lawsuit that represents the amount of money the employee would have earned if the employee was not fired or denied a promotion illegally.
back pay
A type of employment benefits plan in which the employee selects benefits from a “menu,” up to a specified dollar amount.
cafeteria plan
