129 terms

PHR/SPHR Flashcards (Employee & Labor Relations)

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
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
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
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
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
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
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
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
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
Refusal by employees to work
Clayton Act
Act that minimally restricted the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts
Removes authority of a bargaining representative in a non-right-to-work state to negotiate or enforce a union security clause
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
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
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
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
Group of people and resources who come together for the accomplishment of a specific organizational objective
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
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
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
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
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
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
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