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Employee and Labor Relations > Set One > Flashcards

Set One Flashcards

1
Q

Agency Shop

A

Clause that states that even if workers do not join the union, they must still pay the equivalent of dues to the union.

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2
Q

Agent-principle relationship

A

Principle under which regulations that apply to employers and unions also apply to acts of their agents

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3
Q

Ally doctrine

A

states that when a struck employer effectively uses the employees of an ally as striker breakers and when a union extends its primary picketing to this employer, no violation of the LMRA’s secondary boycott prohibition exist

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4
Q

Alternative dispute resolution

A

umbrella term used to describe a number of problem solving and grievance resolution approaches

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5
Q

Arbitration

A

procedure in which disputes are submitted to one more impartial persons for final determination

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6
Q

attorney work product

A

materials used in preparing a legal case (e.g. written, reports, notes & data); usually excluded from the discover phase

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7
Q

Authorization cards

A

cards signed by employees to indicate that they want union representation

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8
Q

Bannering

A

union practice of displaying a banner outside the property of an employer to advertise union’s message

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9
Q

Bargaining unit

A

group of employees a union wants to represent

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10
Q

Bumping

A

giving more senior workers whose jobs have been eliminated the right to transfer into jobs of less-senior workers

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11
Q

“Cats paw” principle

A

legal principle in which, for example, an HR department is culpable for discrimination even though HR had no desire to discriminate, such as when HR is persuaded to take an adverse action against employees who wish to discriminate against the individual

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12
Q

Certification of representative

A

NLRB certification indicating that a union has won an election and will be exclusive representation of a bargaining unit

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13
Q

Certification of results

A

NRLB certification indicating that a union has lost an election

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14
Q

“Chilling”

A

As defined by the NLRB, an employer act that will result in hesitation by an employee to exercise protected rights under section 7 of the NLRA

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15
Q

Circuity City Stores v. Adams

A

case in which the supreme court ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration act

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16
Q

Civil service reform act

A

act that extended collective bargaining rights to federal employees

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17
Q

Clayton act

A

act that minimally restricted the use of injunctions againts labor and legalized peaceful strikers, picketing, and boycotts.

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18
Q

Closed shop

A

Clause that states that union membership is a condition of hiring; is ILLEGAL (except in the construction industry)

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19
Q

Coalition bargaining

A

when more than one employer negotiations with union; also known as multiple employer bargaining

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20
Q

Collective bargaining

A

Process by which management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.

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21
Q

Committee

A

group of people and resources who come together for the accomplishment of a specific organizational objective

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22
Q

Common law

A

dictates that custom and usage have the force of law, even if not specifically found in legislative enacted, codified, written laws.

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23
Q

Common situs picketing

A

situation in which lawful picketing of a primary employer also affects a secondary employer that occupies common premises

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24
Q

Community of interest

A

mutuality of interest among employees in a bargaining for wages, hours, and working conditions

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25
Q

Compressed workweek

A

work schedule that compresses a full week’s work into fewer than five days

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26
Q

Conciliation

A

method of nonbinding dispute resolution involving a third party who tries to help disputing parties reach a mutually agreeable decision;also known as mediation

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27
Q

Consent election

A

Type of representation election that involves an agreement between an employer and a union to waive the preelection hearing

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28
Q

Consumer picketing

A

product boycotts involving such activities as distributing handbills, carrying placecards, and urging customers to refuse to purchase products from a particular retail or wholesale business.

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29
Q

Coordinated bargaining

A

when an employer bargains with several unions simultaneously but a on a separate basis

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30
Q

De authorization

A

removes authority of a bargaining representation in a non-right to work state to negotiate or enforce a union security clause

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31
Q

Decertfication

A

means for employees to terminate representation; removes union from its position as bargaining representative.

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32
Q

Defamation

A

injuring someones reputation by making false and malicious statement; may be spoken (slander) or written (libel)

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33
Q

Directed election

A

type of representation election ordered by the NLRB regional director after a preelection hearing

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34
Q

Distributive bargaining

A

when parties are in conflict over an 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

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35
Q

Double breasting

A

when a common owner operates both union and nonunion business

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36
Q

Dues checkoff

A

Where employees agree in writing to an automatic deduction of dues from their paychecks

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37
Q

Duty of fair representation

A

requires that unions act fairly on behalf of employees they represent in negotiating and administering collective bargaining agreements

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38
Q

Duty of good faith and fair dealing

A

imposes on each party in a contract an obligation for honest in the conduct of the transaction

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39
Q

Duty of loyalty

A

common law precept that imposes on employees a duty to be loyal to the employer

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40
Q

Duty of successor employers or unions

A

Mutual bargaining obligation of an employer and a union when a majority interest in a unionized company is sold to another employer

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41
Q

E.I. Dupont & Company

A

1993 NLRB ruling that held certain employee committees to be illegal because Dupont management circumvented the legally chosen employee representatives and unsurped the unions right to represent its member

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42
Q

Electromation

A

1992 court decision that employers must deal cautiously with with employee participation committees based on the NLRB’s interpretation of what constitutes a company dominated labor organization

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43
Q

Employee handbook

A

explains major HR and employee policies and procedures and generally describes the employee benefits provided

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44
Q

Employee involvement

A

planned and orderly attempt to link the shared interest of the employee and the organization for their mutual benefit

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45
Q

Employee participation program (EPPs)

A

programs to imporive communication between employees and management and em power employees in some workplace decisions

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46
Q

Employement-at-will

A

Common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quite a job at any time

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47
Q

Excelsior list

A

list the employer has to provide the union with the names and addresses of certain employees within seven days after the direction of or consent to an election

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48
Q

Express oral contract

A

involves verbal promises made between employer and employee related to employment

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49
Q

Featherbedding

A

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

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50
Q

Federal Labor Relations Authority (FLRA)

A

Administers the provisions of the various executive orders that fall under the Civil Service Reform Act of 1978

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51
Q

Federal Mediation and Conciliation Service (FMCS)

A

offers assistance in contract settlement and maintains a list of arbitrator to help interpret contact language and resolve disputes

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52
Q

Flextime

A

work schedule that require employees wot work an established number of hours per week but allows starting and ending times to vary

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53
Q

Focus Group

A

small group (normally six to twelve) invited to actively participate in a structure discussion with a facilitator

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54
Q

Fraudulent misrepresentation

A

intentional deception relied upon and resulting in injury to another person

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55
Q

Gissel order

A

NLRB order to an employer to bargain with the union as a remedy for the serious ULP charges againts the employer

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56
Q

Good-faith bargaining

A

generally means that parties in a negotiation enter into discussion with fair and open minds and a sincere desire to arrive at an agreement

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57
Q

Grievance procedure

A

provides an orderly way to resolve differences of opinion in regard to union contract

58
Q

Hot cargo clauses

A

agreement that union members are not required to handle goods made by nonunion labor or a struck plant; generally illegal

59
Q

Illegal subjects

A

those collective bargaining items that are unlawful by statue; also known as external subjects

60
Q

Implied contract

A

exist when an agreement is implied from circumstances even though there is no express agreement between employer and employee

61
Q

Industrial democracy

A

as related to international labor relations, where employees have legally mandated rights to participate in management decisions

62
Q

Inevitable disclosure

A

enable an employer to prevent an employee from taking employment with a competitor when the currently employers trade secrets might “inevitably” be disclosed

63
Q

Informational picketing

A

type of picketing done to advise the public that an employer is non union

64
Q

Injuction

A

court order that restricts, prevents, or requires certain activities

65
Q

Integrative bargaining

A

takes place when there is more than one issue to resolved; focuses on creative solutions to conflicts that reconcile parties interest and result in mutual benefit

66
Q

Interest-based bargaining (IBB)

A

form of negotiating where parties look for common ground and attempt to satisfy mutual interested through the bargaining process

67
Q

Job bidding

A

employee application and/or request system used to help employees change jobs

68
Q

Job enlargement

A

broadening the scope of a job by expanding the number of different task to be performed

69
Q

Job enrichment

A

increases the depth of a job by adding responsibility for planning, organization, controlling, and evaluation

70
Q

Job posting

A

situation in which currently available position are posted so interested and qualified employees may apply

71
Q

Job rotation

A

breaks the monotony of routine jobs by shifting people between comparable but different jobs

72
Q

Job sharing

A

results when two part time employees share one full time job

73
Q

Labor organization

A

any organization in which employees participate and which exist for the purpose of dealing with employers on work-related issues

74
Q

Labor-Management Relations Act (LMRA)

A

act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also know as the Taft-Hartley Act

75
Q

Labor-Management Reporting and Disclosure Act (LMRDA)

A

act that protects the rights on union members from corrupt or discriminatory labor unions; also know as Landrum-Griffin Act

76
Q

Landrum-Griffin Act

A

act that protects the rights of union members from corrupt or discriminatory labor unions; also know as labor management reporting and disclosure act

77
Q

Litigation hold

A

process of ensuring that any information related to pending (or reasonably anticipated) litigation is identified and preserved without regard to usual document destruction policies or schedules

78
Q

Lockout

A

occurs when management shuts down operations to prevent union employees from working

79
Q

Maintenance of membership

A

contract clause that states an employee may or may not choose to join a union but once the employee joins, he/she must maintain membership for the duration of the contract

80
Q

Mandatory subjects

A

collective bargaining items required by law and the NLRB

81
Q

Mediation

A

Method of nonbinding dispute resolution involving a third party who helps disputing parties reach a mutually agreeable decision; also known as conciliation

82
Q

National Industrial Recovery Act

A

act that extended the policies of the railway labor act to all interstate commerce organizations

83
Q

National Labor Relations Board (NLRB)

A

Agency that has authority to conduct union representation elections and investigate unfair labor practices

84
Q

National Labor Relations Act (NLRA)

A

act that promotes the rights of employees to organize unhampered by management; also know as Wagner act

85
Q

Negligent hiring

A

hiring of an employee who the employer knew should have known, based on a resonable pre-hire investigation of the employees background, posted a risk to others in the workplace

86
Q

Negligent retention

A

retention of employees who engage in misconduct both during and after working hours

87
Q

Neutrality/cooperation agreement

A

agreement between a union and an employer under which the employer agrees to remain neutral to (i.e. not oppose) a unions attempt to organize its workforce

88
Q

“nip in the bud” cases

A

NLRB cases involvinh ULP’s during a unions organization drive that “chill” an organizing effort

89
Q

No-lockout clause

A

contract stipulation in which the company agrees not to lockout workers during a labor dispute for the life of the contract

90
Q

Norris-LaGuardia Act

A

act that guarantees workers right to organize and restricts issuance of court injunctions againts peaceful organized labor activity such as strikes, picketing, boycotts

91
Q

No-strike clause

A

contract stipulation in which union agrees not to strike during the duration of the contract

92
Q

Open shop

A

workplace in which union membership (payment of dues) is not required for employee to continue employment beyond 30 days (seven days in the construction industry)

93
Q

Organizational feedback

A

presentation of data to stimulate discussion of problem areas, generate potential solutions, and stimulate motivation for change

94
Q

Organizational picketing

A

type of picketing done to induce employees to accept a union as their representative

95
Q

Pattern bargaining

A

takes place when unions negotiate provisions covering wages and other benefits similar to those already provided in other agreements existing within the industry or region; also known as parallel bargaining

96
Q

Permissive subjects

A

Collective bargaining items that may be bargained but are not obligatory; also called voluntary or nonmandatory subjects

97
Q

Phased retirement

A

offers employees the opportunity to gradually reduce the number of hours they work before they are fully retired

98
Q

Policy

A

broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employee activities

99
Q

Positional negotiation

A

Type of contract negotiation in which people lock themselves into positions and find it difficulty to move away, parties lose sight of the underlying problems to be resolved, and emphasis is placed on winning the position

100
Q

Principled negotiation

A

Type of contract negotiation based on four premises 1) seperate the people from the problem 2) focus on interests, not positions 3) invent options for mutual gain and 4) insist on objective criteria

101
Q

Procedure

A

Detailed, step-by-step description of the customary method of handling activity

102
Q

Progressive discipline

A

system of increasingly severe penalties for employee discipline

103
Q

Project team

A

Group of people who come together for a specific project

104
Q

Public policy exception

A

Exception to doctrine of employment-at-will, holding that employees cannot be fired for fulfilling legal obligations or for exercising legal rights (i.e. serving on jury duty)

105
Q

Railway Labor Act

A

Act that originally provided railroad employees the right to organize and bargain collectively; now covers both railroad and airline employees

106
Q

Recognition

A

When an employer recognized a union as being entitled to conduct collective bargaining on behalf of workers in a particular bargaining unit

107
Q

Recognitional picketing

A

Picketing done to obtain an employer’s recognition of a union as bargain representative

108
Q

Reserved gate

A

Device used by owner or contractor of multi-employer site to isolate pickets of one of these employers with whom a union has a primary dispute

109
Q

Reserved rights doctrine

A

Grants management full authority and discretion over the items that are or could be covered unless the contract limits managements rights in a particular area

110
Q

Right to work

A

Refers to statues that prohibit unions from making union membership a condition of employment

111
Q

Safe harbor

A

provision in a law or regulation that provides some measure of protection from liability if certain conditions are met

112
Q

Salting

A

process if using paid union organizers to infiltrate an organization and organize its workers

113
Q

Secondary boycotts

A

when a union attempts to influence an employer by exerting pressure on another employer

114
Q

Section 7 rights

A

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

115
Q

Segmented bargaining

A

when employer and union decide to assign specific bargaining issues to committees; proposals are then returned to entire group for decision

116
Q

Self-directed team

A

Group of people that works in a self-managing way; typically assume complete autonomy

117
Q

Sherman Anti-Trust Act

A

Act that curbed concentrations of power that interfered with trade and reduced economic competition; directed at large monopolistic employers but applied by courts to labor unions

118
Q

Skill variety

A

Extent to which a job requires a variety of different activities for successful completion

119
Q

Skip-level interviews

A

Practice in union-free organization of encouraging managers to spend time with each employee two levels below them on an annual basis

120
Q

Strike

A

refusal by employees to work

121
Q

Sympathy strike

A

strike by employees of a bargaining unit who refuse to cross picket lines made up of employees who are not members of their bargaining unit

122
Q

Taft-Hartley Act

A

act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also know as Labor-Management Relations Act (LMRA)

123
Q

Task force

A

Temporary allocation of personnel and resources for the accomplishment of a specific objective

124
Q

Task identity

A

extent to which a job requires “whole” identifiable unit of work

125
Q

Task significance

A

extent to which a job has a substantial impact on other people

126
Q

Team

A

set of two or more people who are equally accountable for accomplishment of a purpose and specific performance goals

127
Q

Telecommuting

A

working via computing and telecommunications equipment

128
Q

TIPS

A

Acronym used by many labor management attorneys and consultants that covers most of the unfair labor practice pitfalls a supervisor can run into (Threaten, Interrogate, Promise or Spy)

129
Q

Unfair competition

A

deals with employment contracts that contain covenants not to compete after termination of employment relationship and with the use of secret, confidential, or proprietary information that the employee obtained while working for the former employer

130
Q

Unfair Labor Practice (ULP)

A

violation of rights under labor relation statues

131
Q

Union

A

formal labor organization that has the right to represent and bargain for a group of employees

132
Q

Union security clauses

A

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 dues compulsory for all or some of the employees in a bargaining unit)

133
Q

Union shop

A

Clause that states that when workers take jobs in a specific bargaining unit, they must join the union and pay union dues withing a certain period of time

134
Q

Wagner Act

A

act that protects the rights of employees to organize unhampered by management; also known as the National Labor Relations Act (NLRA)

135
Q

Weingarten rights

A

union employees right to have a union representative or coworker present during an investigatory interview

136
Q

Wildcat strikes

A

work stoppages involving the primary employer-employee relationship that are neither sanctioned nor stimulated by the union and the that violate a no-strike clause in the contract

137
Q

work rule

A

reflects management decisions regarding specific actions to be taken or avoided in a given situation

138
Q

work team

A

group of employees responsible for a given end product

139
Q

Yellow-dog contracts

A

contracts that force employees to agree not join a union or participate in any union activity as a condition of employment

140
Q

Zipper clause

A

contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not it was contemplated when the contract was negotiated or signed.

Employee and Labor Relations (2 decks)

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