PHR/SPHR Flashcards (Employee & Labor Relations)

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Module 5 Flashcards Employee & Labor Relations

Principled negotiation

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

Agency shop

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

Circuit City Stores v. Adams

Case in which 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

Compressed workweek

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

Closed shop

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

Progressive discipline

System of increasingly severe penalties for employee discipline

Recognitional picketing

Picketing done to obtain an employer's recognition of a union as bargaining representative

Social charter

As related to international labor relations, legislation pending before European Union where employment conditions/practices would be standardized

Employment-at-will (EAW)

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 quit a job at any time

Procedure

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

Certification of results

NLRB certification indicating that a union has lost an election

Express oral contract

Involves verbal promises made between employer and employee related to employment

Zipper clause

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

No-strike clause

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

Focus group

Small group (normally six to twelve) invited to actively participate in a structured discussion with a facilitator

Expatriation

Process of sending employees abroad and supporting their ability to adapt to cultural changes and complete their international assignment

National Labor Relations Board (NLRB)

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

Shop floor participation

As related to international labor relations, a participatory management approach in which workers have the opportunity to identify problems and help resolve them

Duty of good faith and fair dealing

Imposes on each party in a contract an obligation for honesty in the conduct of the transaction

Work team

Group of employees responsible for a given end product

Arbitration

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

Positional negotiation

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

Excelsior List

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

Weingarten rights

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

Neutrality agreement

Contract between a union and an employer under which the employer agrees not to oppose a union's attempt to organize its workforce

Certification of representative

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

Job enlargement

Broadening the scope of a job by expanding the number of different tasks to be performed

National Industrial Recovery Act

Act that extended the policies of the Railway Labor Act to all interstate commerce organizations

Interest-based bargaining (IBB)

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

Illegal subjects

Those collective bargaining items that are unlawful by statute; also known as external subjects

Duty of successor employers or unions

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

Sympathy strike

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

Dues checkoff

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

Inevitable disclosure

Enables an employer to prevent an employee from taking employment with a competitor when the current employer's trade secrets might "inevitably" be disclosed

Norris-LaGuardia Act

Act that guarantees workers' right to organize and restricts issuance of court injunctions against nonviolent union activity such as strikes, picketing, and boycotts

E. I. Dupont & Company

1993 NLRB ruling that held certain employee committees to be illegal because Dupont management circumvented the legally chosen employee representatives and usurped the union's right to represent its members

Union shop

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

Work rule

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

Telecommuting

Working via computing and telecommunications equipment

Distributive bargaining

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

Good-faith bargaining

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

Directed election

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

Duty of fair representation

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

Grievance procedure

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

Union

Formal association of employees that promotes the interests of its membership through collective action

Pattern bargaining

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

Federal Labor Relations Authority (FLRA)

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

Fraudulent misrepresentation

Intentional deception relied upon and resulting in injury to another person

U.S. Equal Employment Opportunity Commission (EEOC)

Federal agency responsible for enforcing antidiscrimination laws and handling charges

Job rotation

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

Union security clauses

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)

Employee involvement (EI)

Planned and orderly attempt to link the shared interests of the employee and the company for their mutual benefit

Featherbedding

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

Community of interests

Mutuality of interests among employees in bargaining for wages, hours, and working conditions

Authorization cards

Cards signed by employees to indicate that they want union representation; also called authorization petitions

Reserved rights doctrine

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

Job sharing

Results when two part-time employees share one full-time job

Industrial democracy

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

Recognition

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

Integrative bargaining

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

Defamation

Injuring someone's reputation by making a false and malicious statement; may be spoken (slander) or written (libel).

Hot cargo clauses

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

Common law

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

Strike

Refusal by employees to work

Clayton Act

Act that minimally restricted the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts

Deauthorization

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

Bumping

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

Collective bargaining agreement (CBA)

Agreement or contract negotiated through collective bargaining process

Consumer picketing

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

Mediation

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

Unfair labor practice (ULP)

Violation of right under labor-relations statutes

Codetermination

As related to international labor relations, a practice in which employees have a role in the management of a company that includes worker representatives with voting rights on the corporate board of directors

Skip-level interviews

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

Yellow dog contracts

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

Collective bargaining

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

Coordinated bargaining

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

Job enrichment

Increases the depth of a job by adding responsibility for planning, organizing, controlling, and evaluation

Conciliation

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

Sherman Anti-Trust Act

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

Negligent retention

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

Task identity

Extent to which a job requires a "whole," identifiable unit of work

Right to work

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

Informational picketing

Type of picketing done to advise the public that an employer is nonunion

Committee

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

Flextime

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

U.S. Equal Employment Opportunity Commission (EEOC)

Federal agency responsible for enforcing antidiscrimination laws and handling charges

Civil Service Reform Act

Act that extended collective bargaining rights to federal employees

TIPS

Acronym used by many labor management attorneys and consultants that covers most of the unfair labor practice pitfalls a supervisor can run into: Don't Threaten, Interrogate, Promise, or Spy

Organizational picketing

Type of picketing done to induce employees to accept the union as their representative

Bargaining unit

Group of employees a union wants to represent

Consent election

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

Injunction

Court order that directs a party, employer, or union to do or refrain from doing a certain act (or acts).

Agent-principal relationship

Principle under which regulations on unfair labor practices that apply to employers and unions also apply to acts of their agents

Implied contract

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

Team

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

Permissive subjects

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

Wildcat strikes

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

Duty of loyalty

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

Maintenance of membership

Contract clause that states that 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

Double breasting

When a common owner operates both union and nonunion businesses

Secondary boycotts

Action directed at a primary party through action against some third party

Salting

Process of using paid union organizers to infiltrate an organization and organize its workers

Landrum-Griffin Act

Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Labor-Management Reporting and Disclosure Act (LMRDA)

Unfair competition

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

Decertification

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

Negligent hiring

Hiring of an employee who the employer knew or should have known, based on a reasonable pre-hire investigation of the employee's background, posed a risk to others in the workplace

Certification of representative

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

Wagner Act

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

Task significance

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

Alternative dispute resolution (ADR)

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

Policy

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

Work councils

As related to international labor relations, groups of workers and management representatives charged with examining how to improve company performance, working conditions, job security, etc.

Employee handbook

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

Phased retirement

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

Project team

Group of people who come together for a specific project

Taft-Hartley Act

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

Organizational feedback

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

Federal Mediation and Conciliation Service (FMCS)

Offers assistance in contract settlement and maintains a list of arbitrators to help interpret contract language and resolve disputes

Self-directed team

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

Common situs picketing

Situation in which lawful picketing of a primary employer also affects a secondary employer that occupies common premises; employers may establish separate or reserved gates, one for the struck employer and the other for all other employers

Railway Labor Act

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

No-lockout clause

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

Task force

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

Ally doctrine

States that when a struck employer effectively uses the employees of an ally as strike breakers and when a union extends its primary picketing to this employer, no violation of the LMRA's secondary boycott prohibitions exists

Coalition bargaining

When more than one employer negotiates with the union; also known as multiple employer bargaining

Mandatory subjects

Collective bargaining items required by law and the NLRB.

Labor-Management Reporting and Disclosure Act (LMRDA)

Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Landrum-Griffin Act

Labor-Management Relations Act (LMRA)

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

National Labor Relations Act (NLRA)

Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act

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