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PHR Study Prep Chapter 7 (Reed)
Terms in this set (66)
civil action based on breach of a duty/obligation that results in an injury of some kind.
result of legal decisions made by judges in cases over a period of centuries.
a verbal or written agreement where parties state exactly what they agree to do. (ie "you'll have a job for life")
a form of agreement created by employer's conduct that needs not be specifically stated. Disclaimers can off-set this, by reminding employees that no statement may alter the at-will status of employment.
promising, but not delivering, on a reward. Employer may be required to follow through on said reward, or pay equivalent damages.
Latin for "let the master answer," legal precedent making employer liable for actions of its employees within scope/course of assigned duties.
occurs when an employer makes the workplace so hostile that an employee resigns, usually warranting "cause of action" on the employee's part.
communication that damages an individuals reputation in the community, preventing benefits of some sort. When providing references, employers are (generally) protected by "qualified privilege" so long as the information is job-related, truthful, and clear.
Quid Pro Quo
legal term in Latin meaning "this for that," in context of sexual harassment, this occurs when a supervisor asks for sexual favors in return for some type of favorable action.
Hostile Work Environment
the condition where individual(s) are subject to unwelcome verbal or physical conduct "especially when this conduct affects an individual's employment, performance, etc" as defined by the EEOC. Can be any coworker.
Employer must "promptly" reinstate protected employees to positions that they would've earned had they remained in their role
corresponds to the legal concept established in the Bill of Rights; in employment context, means that employment actions taken according to established procedures, such as notifying employees of impending action and allowing time to respond before adverse action is taken. Not a legal requirement, but best practice.
Duty of diligence
requires an employee to act "with reasonable care and skill" while working for employer
duty of obedience
requires employee act within authority granted by employer and to follow the employer's reasonable/legal policies, rules, etc.
duty of loyalty
requires employees act in the best interest of the employer and not solicit away work from the employer to benefit themselves.
considered the quantitative side of employee relations, describes how people feel about an organization based on various factors, such as observable practices and perceptions. Strongly influenced by org chart and management style. "how" people feel.
considered the qualitative side of employee relations, describes how the values and beliefs at all levels affect an org. Considered "why" people feel a certain way.
employees are interviewed by their manager's manager to provide insights into goals and job satisfaction, allowing also for career counseling.
organizational guidelines that serve as broad recommendations by the employer to guide decisions
used to clarify policy and provide further explanation
used to state what employees may or may not do to comply with policy
alternative dispute resolution (ADR)
range of methods used to solve disagreements without litigation.
impartial person not involved in the dispute (internal or external)
occurs when both parties to a disagreement agree to submit the conflict to an arbitrator for resolution
sometimes as a result of a contract requirement or mandated by a court system, this form of arbitration is employed to reduce backlog of civil lawsuits. Public sector's only option.
parties agree to accept the arbitrator's final decision as final.
either party may reject the decision of an arbitrator and move to file a lawsuit
type of arbitrator selected to hear only a single case
type of arbitrator which both parties agree is fair/impartial to resolve any disputes that arise
tripartite arbitration panel
type of arbitrator option that has three arbitrators who hear the issues and reach a joint decision in the matter.
form of mediation developed by Dr. Burgess to resolve long-standing, deep-rooted org conflicts by separating primary and ancillary issues, and removing these unrelated, ancillary issues.
court orders that either require/forbid an action by one party against another, if a party conspired to restrain trade.
type of union restraint policy used by employers to prevent employees from joining unions by requiring joining to a union be grounds for dismissal. unlawful.
labor's bill of rights
allowed by the NLRA to organize, collectively bargain, and make concerted effort for mutual aid and protection. Applied to union and non-union employees as well.
Unfair Labor Practices (ULP)
an action by an employer (or union) that restrains employees from exercising their rights to organize and bargain collectively.
helpful in avoiding prohibited union activity on the employer's part: cannot threaten, interrogate, promise, or spy on employees
instance when unions may not require employers to pay for services that aren't rendered
Unlawful union condition where employers are asked to stop doing business with another employer
the process when a union hires a person to apply for a job at the organization they have targeted.
group of employees patrols the entrance to a business to inform the public about disputes or ULPS.
NLRB scheduled election that occurs within 30 days if mutual resolution of disputes occurs.
NLRB scheduled "pre-election hearing" is required to resolve disputes.
contains the names and addresses of all employees in the bargaining unit to the union. Must be submitted within 7 days.
Positional bargaining (aka hard bargaining, distributive bargaining
union strategy represented by demands made by each side. Considered adversarial, a zero-sum game.
a union negotiating strategy characterized by parties who are more interested in solving a problem than winning their position. Includes integrative bargaining and interest-based bargaining.
form of principled bargaining where parties look at all the issues and make mutually agreeable trade-offs between those issues.
form of principled bargaining where parties consider their needs and the mutually harmonious interests.
occurs when one union meets with one employer to bargain
parallel bargaining (pattern bargaining, whipsawing, or leapfrogging)
union negotiates with one employer at a time. Uses gains from previous employers to position next contract.
union negotiates with more than one employer in an industry at a time.
multi-unit bargaining (coordinated bargaining)
occurs when several unions represent different bargaining units in a company.
Collective Bargaining Agreement (CBA)
contract governing the employment relationship between employer and employees (post-union) for a period of time.
union shop clause
clause that requires all employees join the union within 30 days.
agency shop clause
clause that specifies all employees must either join or pay dues.
closed shop clause
illegal except in construction industry, a union clause that requires all new hires be members of the union before they're hired.
Maintenance of membership clause
union clause which allows employees choice as to whether to join the union, but if they join, must remain members until their contract expires.
occurs when management shuts down operations to keep the union from working
occurs when the union/employees in bargaining unit work together against an employer to make their dissatisfaction known, or to try and force an employee to concede
states that when an employer whose workers are on-strike contact a neutral employer and uses them to produce the work.
alter ego doctrine
states that two or more businesses with substantially identical management, operations, customers, etc, used to preclude employers from dodging their collective-bargaining responsibilities
condition where a common owner of two businesses has one union and one non-union business.
occurs when a union tries to compel an employer who isn't involved (supplier/vendor) to stop doing business with another employer.
condition where two businesses perform operations that complement each other's operations.
occurs when the union decides to stop working (can be lawful/unlawful)
one that occurs in violation of contract clause prohibiting strikes during term of contract
employees stop working and stay in the building, unlawful.
THIS SET IS OFTEN IN FOLDERS WITH...
PHR Study Prep: Chapter 5 (Reed)
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PHR Study Prep: Chapter 2 (Reed)
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