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155 Cards in this Set
- Front
- Back
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Labor Relations Process
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Involves managers and union representatives of employees. Three phases; Recognition of the legitimate rights and responsibilities of union and management representatives 2. Negotiation of the labor agreement 3. Administration of the negotiated labor agreement
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Negotiation of the Labor Agreement
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Union and management representatives jointly determine work rules governing the parties' rights and responsibilities affecting wages, hours, or other terms and conditions of employment.
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Administration of the negotiated labor agreement
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Enforcement of terms negotiated contract through daily union and management interactions, and when necessary, the use of a grievance-arbitration procedure to resolve rights disputes.
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Interest Dispute
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A dispute over what the terms or conditions of employment or work rules will be
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Rights Dispute
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Disputes over the interpretation or application of a contract's terms.
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Work Rule
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1. Rules governing compensation in all its forms and 2. Rules specifying the employees' and employer's job rights and obligations, such as no employee strike or employer lockout during the term of the labor agreement.
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Manager
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Managers represent the interests of the ownership as well as their own self-interests. Managers include individuals who are delegated authority by the ownership to mane decisions required to operate the organization and exist at various levels within the organization from first-line supervisors to CEO
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Union Representative
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Elected by the members to represent their employment interests. Subject to the political pressure of majority rule if they wish to be re-elected to a union leadership position in the future.
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Employees
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determine whether a union is even present in an organization, whether a negotiation labor agreement is accepted or rejected, and the extent to which a threatened strike is actually carried out.
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Dual Loyalty
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employees feeling torn between the critical or professional nature of their jobs and the strategic advantages of a strike.
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Government
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Public Sector: Government officials also serve as managers in the labor relations process, representing both taxpayers and the general public's interests. Private Sector: Plays an indirect role in determining the outcomes of work rule negotiations.
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National Labor Relations Board (NLRB)
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Administrative agency that can influence work rules and the ability to exercise legally granted rights
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Third-Party Neutral
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Mediators and Arbitrators.
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Mediator
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Assists the union and management officials in resolving their differences to achieve a voluntary settlement themselves. No binding legal authority.
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Arbitrator
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hired by union and management representatives to make a final and binding decision on a disputed issue.
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Union Density
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The proportion of a total group comprised of union members. One measure of relative union strength or potential influence.
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Employment-at-will
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Permits an employer to discharge an at-will employee at any time for any or no stated reason.
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Knights of Labor (KOL)
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Union created in secrecy to 1. Change the existing labor-management relationship so that the depersonalized and specialized aspects of mass production could be avoided, and 2. Attain moral betterment for employees and society.
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Terence V. Powderly
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Leader and Chief spokesman of the KOL
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One Big Union
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Approach adopted by KOL of encouraging people of all job types and skill levels to join the organization. Employers were also encouraged to join the KOL
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Haymarket Riot
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Began as a rally in support of the eight hour workday. An unknown person threw a bomb at police resulting in the death of eight police officers and more civilians. Bad press led to the demise of the KOL
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American Federation of Labor (AFL)
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Represented a federation of national unions cooperating for mutual gain while permitting each national union to maintain independent control over its own identity and operations. Major goal was to improve the material conditions of members through the existing capitalistic system
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Samuel Gompers
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Major founder of the AFL
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Pure and Simple Unionism
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Primary objective was economic betterment of the organization's members. Second objective was the enhancement of the capitalistic system, which could benefit both employees and employers. Without capitalism, neither employees or employers would receive revenues.
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Exclusive Union Jurisdiction
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Principle of one union representing each identifiable skilled craft. Separate unions representing their respective trade.
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Decentralized Authority
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Idea that the real authority of the AFL rested with AFL's affiliated national unions and their member locals
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Homestead Incident
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Labor lockout and strike culminating in a battle between strikers and provate security agents. AFL contributed funds to help defray employee's legal expenses demonstrated their interest in helping its member unions
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Industrial Workers of the World (IWW)
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Formed as an alternative to the AFL. Initial goal was to overthrow the existing capitalistic system because it felt the employers and employees had nothing in common
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William (Big Bill) Haywood
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One of the initial organizers of the IWW
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Open-Shop Movement
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Employer movement to oppose unions. Purpose was to ensure that employees had the freedom to determine whether they would choose to join a union
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American Plan
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Employers desire for employees to adhere to the traditional American value of “rugged individualism” instead of the “foreign”, “subversive”, and “corrupt” principles of labor unions
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Industrial Spies
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employers would hire spies to determine which employees had pro-union sentiments.
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Blacklist
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Employees determined to have pro-union sentiments would have their names given to other employers in that area who would then refuse to hire anyone whose name appeared on that list
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Mohawk Valley Formula
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Formula with specific steps that could be used by an employer to defeat an organizing drive or strike action by a union.
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Paternalism
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A management style in which the employer was viewed as the wise parent figure and employees were expected to rely upon the employer to know what was in their best interest and trust the employer to protect employee's interests
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Employee Representation Plan or Company Union
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Substitute for an employee-controlled independent union. Employee representatives would discuss working conditions with management officials. Employers strongly influenced decisions by providing funding, space, and time for their operation, and could veto any decision.
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Sweetheart Contract
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Union-Employer agreements guaranteeing no wage increase for a specific time as long as employers required employees to join the union
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V Technique
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Union members that would want to make it seem like there was more support for certain issues would sit in a crowd in a V pattern and cheering giving the illusion of widespread strength.
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Sit-down Strike
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strike in which employees stayed inside the plant instead of walking out. Employers were reluctant to remover the strikers from the plant in fear that their equipment would be damaged in the process
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National Labor Relations Act (NRLA)
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Private-Sector employees were granted a legal right to form or join unions, bargain collectively, or engage in other concerted acts for mutual aide or protection
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Concession Bargaining
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Management seeks to obtain more flexible work-rule modifications or other labor cost reductions
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AFL-CIO
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Merger of AFL and CIO
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Change to Win Federation
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Several national unions affiliated with the AFL-CIO chose to leave to form a new federation of national unions
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U.S. Constitution
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Grants congress the right to pass laws regulating interstate and international commerce. First amendment freedom to assemble justification for picketing
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Common Law
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Used to resolve a legal dispute when no constitutional or statutory law applies to that dispute. Judges develop legal principles or procedures to resolve these disputes which are adopted by other judges over time in similar disputes
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Preemption Doctrine
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Federal law takes precedent over state law or local ordinances whenever both seek to regulate the same conduct and there is a conflict between them.
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National Labor Relations Board (NLRB)
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Administers the National Labor Relations (Wagner) Act and certain aspects of the Labor Management Reporting (Landrum-Griffin) Act
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Labor Management Reporting and Disclosure (Landrum-Griffin)
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Supervision of union representation elections and determination of unfair labor charges
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Federal Mediation and Conciliation Service (FMCS)
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Provides mediation services to unions and employers engaged in collective bargaining and assists these parties in selecting arbitrators in grievance administration; provides training programs to encourage more cooperative labor management relations.
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U.S. Department of Labor (USDOL)
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Performs many employment-related services, such as research and data collecting functions; administers federal wage and safety laws; and enforces federal contract compliance under equal employment opportunity requirements. In addition, Secretary of Labor serves as a member of the President's Cabinet, responsible for employment-related matters
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National Mediation Board (NMB)
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Handles union representation issues under the Railway Labor Act; Provides mediation services to parties in negotiations; assists in resolving disputes over contract interpretation; and in cases involving emergency disputes, proposes arbitration and certifies the dispute to the President as an emergency
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National Railroad Adjustment Board (NRAB)
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Hears and attempts to resolve railroad labor disputes growing out of grievances and interpretation or application of labor agreements
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Criminal Conspiracy Doctrine
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Illegal for two or more workers to join together for the purpose of pressuring their employer to improve their wages or working conditions.
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Civil Conspiracy Doctrine
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A group involved in concerted activities could inflict harm on other parties even though the workers were pursuing a valid objective in their own interest.
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Labor Injunction
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A court order prohibiting or restricting certain activities in conjunction with a labor dispute
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Yellow-Dog Contract
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An agreement stating that they would neither join a union nor assist in organizing one
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Sherman Anti-trust Act
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Regulates the increasing power of large corporations to engage in anti-competitive practices
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Loewe v. Lawlor (Danbury Hatters)
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The United Hatters Union tried to organize Loewe & Co. (a non union shop) and in doing so boycotted the company persuading all retailers, wholesalers, and customers not to do business with Loewe. Loewe & Co. sued and won because unions are covered under Sherman
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Clayton Antitrust Act
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Addition to the Sherman Anti-trust act.
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Norris-La Guardia Act
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made yellow-dog contracts, or those in which a worker agreed as a condition of employment that he would not join a labor union, unenforceable in federal court and established as United States law that employees should be free to form unions without employer interference, and also withdrew from the federal courts jurisdiction relative to the issuance of injunctions in nonviolent labor disputes.
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Closed Shop Union Security Clause
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employer agreement to hire only job applicants who were members of a union representing the firm's workers
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National Labor Relations Act (NLRA)
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Protects the rights of most workers in the private sector to organize labor unions, to engage in collective bargaining, and to take part in strikes and other forms of concerted activities in support of their demands
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Labor Management Relations Act (LMRA)
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makes it illegal for a union to engage in actions that discriminated against employee's exercise of rights
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Union Shop Security Clause
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Employers and unions were permitted to negotiate voluntary agreements to either require an employee to join a union within 30 days after hire
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Agency Shop Security Clause
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If an employee did not join the union within 30 days they were to pay a fee equivalent to regular union dues and initiation fees
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Right-to-work Law
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Allows individual states to pass a more restrictive ban on union security agreements applicable to their state
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NLRB Jurisdiction
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refers to those employers and employees to whom the NRLB can apply the language of the LMRA
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Postal Reorganization Act of 1970
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Placed postal workers under coverage of the LMRA, greatly expanding the number and types of issues over which workers could legally bargain
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Interboro Doctrine
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Represents an exception to the requirement that an employee be able to prove that he/she acted with or on the express authorization of one or more other employees in order to be considered engaged in concerted activity
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Charging Party
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The party filing the charge
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Respondent
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The party accused
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Merit
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sufficient evidence found to believe an unfair labor practice appears to have been committed
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Administrative Law Judge (ALJ)
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An official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency
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Routine ULP Case
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Involves charges that do not raise any new or novel issues of labor law and can be determined by application of existing relevant Board policies and principles
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Lead ULP Case
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Involves a charge that either raises a new or novel labor law issue or presents the Board with an opportunity to initiate a new policy or change a significant established policy interpreting the LRMA, as amended
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Cease-and-desist order
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Order from the Board instructing the Respondent to stop committing the ULP violations immediately and in the future
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Affirmative Action
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remedy to individuals adversely affected by the occurrence of a ULP
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Petition for Certiorari
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A court of appeals decision in a ULP case can be appealed for possible review by the US Supreme Court
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Railway Labor Act (RLA) of 1926
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Rail and Air transportation labor relations
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Major Dispute under RLA
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If a union and employer are unable to resolve their differences over negotiating terms of their labor agreement, the dispute is subject to mandatory mediation through the National Mediation Board. If mediation does not succeed, parties have the option of arbitration. If either party declines arbitration there is a 30 day status-quo period invoked during which the president may appoint an emergency board to investigate the dispute and recommend a settlement
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Minor Dispute under the RLA
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Grievances arising during the term of a labor agreement over the interpretation of application of the contract's terms
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Employment Retirement Income Security Act (ERISA)
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Establishes minimum standards for the operation of voluntarily established private-sector pension and health benefit plans
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Americans with Disabilities Act (ADA)
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Prohibits discrimination in advancement, dischrage, compensation, training, and other terms and conditions of employment. Requires employers to make reasonable accommodations for disabled employees, except when doing so would subject the employer to undue hardship
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Bankruptcy Act of 1984
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Requires companies to provide relevant information to unions and engage in good-faith efforts to reach an agreement, which could avoid the necessity to declare bankruptcy
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Worker Adjustment and Retraining Notification Act (WARN)
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Requires employers with 100 or more employees to give 60 days advance notice to employees working more than 20 hours per week, who will be affected by a plant closing or major layoff
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Racketeer Influenced and Corrupt Organizations Act (RICO) Forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise engaged in interstate commerce
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Forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise engaged in interstate commerce
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Civil Rights Act of 1991
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Prohibits any form of employment discrimination by companies, labor unions, and employment agencies on the basis of race, color, religion, sex, or national origin.
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Age Discrimination in Employment Act of 1967
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Prohibits employment discrimination against those over the age of 40, permits compulsory retirement for executives who are entitled to pensions of $44,000 per year or more, and authorizes trials in covered cases
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Executive Order 11375 Executive Order 11375
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Prohibits employment discrimination in the federal government and by federal government contractors and subcontractors receiving $50,000 or more.
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Vocational Rehabilitation Act of 1973
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Requires holders of federal government contracts in excess of $2,500 to take affirmative action to employ and advance in employment qualified physically and mentally disabled individuals.
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Uniformed Services Employment and Reemployment Act (USERRA) of 1994
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clarifies and extends the Veteran's Reemployment Rights act to protect the job rights of individuals called to perform military service on behalf of the United States.
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Social Security Act of 1935
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Established two national systems of social security for protection against loss of income resulting from unemployment, old age, disability, and death.
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Fair Labor Standards Act of 1938
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Covers a variety of employment issues including minimum wage and overtime pay requirements, child labor, and migrant and seasonal agricultural worker protections
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Craft Unions
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composed of members who have been organized in accordance with their craft or skill
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Industrial Unions
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Organized on an industry basis. Ex. Steelworkers, Auto workers, Chemical workers
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Business Agent
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Full-time administrator of the local craft union. Provides many of the same services as the local union president of a large industrial union.
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Shop Steward
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Handles employee grievances, represents the business agent on the job, and contacts the business agent if anything goes wrong
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International Union
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Representative Assists local officers in negotiations and in administering the labor agreement and ensures that the local's activities conform to the national constitution and directives
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Constitution
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What the national union operates under. Includes provisions that not only authorize the major national union functions but also protect union member's individual rights of local unions in relation to the national union
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Convention
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The supreme governing body of the national union. Serves the national union as the constitutional assembly, the legislature of the national union, the final court for union decisions, and the means for nominating officers
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Master Labor Agreement
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Labor agreement for a union to cover all facilities in a product market.
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Amalgamation
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When two or more unions of roughly equal size form a new union
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Absorption
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When a small union merges into a larger union and the smaller union loses its separate identity
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Affiliation
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When a single-plant, single-company, or regional union merges into a national union
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Conference Boards
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Organized within national unions in accordance with the company affiliation to discuss issues that pertain to the union and the particular company
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Joint Councils
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Involve groupings of local unions that have common goals, employers, and interests
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Associate Membership Program
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Way of maintaining contact with employees who are not members of unions
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Union Security Clause
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makes it easier for the union to enroll and retain members.
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Closed Shop
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Must be a member of a union to get a job
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Financial Core Union Member
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An individual who meets the minimum (core) union membership requirement of paying regular union dues and initiation fees
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Full Union Membership
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Individual must be willing to comply with the union's constitution and bylaws
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Union or Agency Shop
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Does not require an employee to join the union but does require the employee to pay the union a sum equal to membership dues to remain employed
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Union Hiring Hall
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Employers hire employees referred by the union if the union can supply a sufficient number of qualified applicants
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Preferential Treatment Clause
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A negotiated labor agreement provision that indicates current employees who may be union members will be given employment preference over non employees when a new facility is opened
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Dues Checkoff
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Allows a union member to have dues automatically taken out of his/her paycheck and transferred to the union
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Right-to-work Law
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A state may indicate legislation prohibiting union membership as a condition of employment
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Free Riders
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The bargaining unit members who choose not to join or financially support the union representing them for purposes of collective bargaining
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Alienation Theory
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Based on the belief that employees might seek collective action to relieve their feelings of alienation, which have resulted from the extensive use of machinery in manufacturing operations.
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Scarcity Consciousness Theory
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Theory that employees are attracted to unions on the assumption that unions will protect their jobs. Employees strongly believe they live in country of limited opportunity and become scarcity conscious
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Union Instrumentality
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Employees' perception if whether the union will be instrumental in attaining desired outcomes, such as higher wages, improved working conditions, job security, and protection from arbitrary treatment by management.
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Consent Election
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An election where both sides agree to the appropriate bargaining unit, voter eligibility, ballot, date, time, and place for the election.
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Directed Election
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If union and management officials cannot agree on the terms of an election, the NLRB will investigate the petition, hold a hearing, and then direct an election
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Contract Bar Doctrine
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NLRB rule that specifies that a valid, signed agreement for a fixed period of three years or less will bar any representation election for the life of the agreement.
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Totality of Conduct Doctrine
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Guides the NLRB interpretations of unfair labor practice behavior. Essentially means that isolated incidents such as campaign speeches must be considered within the whole of the general circumstances of the campaign and with the possibility that other specific violations have occurred
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Salting
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A “top-down” approach to union organizing. A union organizer gets hired to a company not revealing that they are in the union and initiates an organizing campaign from within (Covert). A union organizer reveals their union status in the application process and if denied employment due to his union affiliation, he files a charge of unfair labor practice. (Overt)
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Collective Bargaining
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An activity whereby union and management officials attempt to resolve conflicts of interest by exchanging commitments in a manner intended to sustain and possibly enrich their continuing relationship
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Pattern Bargaining
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A situation where union or management negotiators informally attempt to extend a negotiated settlement from one formal structure to another.
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Bargaining Unit
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The employees and employers who will be bound by a negotiated labor agreement
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Centralized Bargaining
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Choosing to combine Appropriate Bargaining Units for negotiation purposes
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Multi-employer Bargaining Unit
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Involves more than one employer combining together to negotiate a single contract covering employees at each of the participating employer's firms who are typically represented by the same union. Trucking, construction, newspaper, sports)
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Degree of Labor Intensiveness
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The proportion of an employer's total operating costs comprised of labor costs
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Lock-in Agreement
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Prohibits any union represented bargaining unit covered by an agreement from reaching a final contract settlement until all unions who bargain contracts with the same employer are willing to settle. (Ruled unlawful by the NLRB)
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Whip-saw Bargaining
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Strategy To obtain concessions from one bargaining unit which could then be used as leverage to seek similar or additional changes in contract terms in subsequent negotiations with other bargaining units. (Illegal)
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Coordinated Bargaining
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For two or more separate bargaining units to share information with each other about bargaining priorities, strategies, or employer-specific information (legal)
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Bargaining Range
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range of acceptable positions that give both parties some reason for maneuvering
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Resistance Point
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The point beyond which a party would prefer no settlement to settlement on unacceptable terms
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Cents-per-hour cost
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Obtained by dividing the annual total cost of the item by the number of bargaining unit hours worked during the year.
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Roll-up Factor
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An estimate of the total cents-per-hour costs of employer benefit items affected by a change in the straight-time hourly wage rate as a percentage of the current average hourly bargaining unit wage rate
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Jobs Bank program
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Created as a job security measure for union members affected by a temporary downturn in the industry. Companies benefited from maintaining a ready pool of experienced workers who could easily be added back to the work force as industry conditions improved and production levels rose
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Distributive Bargaining
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Two parties interests are in conflict, making negotiations win-lose (zero sum) Gains for one party's interests must come at the expense of the other party because there is a finite amount of resources available to the parties with which to meet bargaining goals.
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Interest Based or Mutual Gain Bargaining
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Win-win bargaining. Negotiators approach the bargaining process as a mutual problem-solving exercise. Lends itself to bargaining issues in which both parties perceive a common threat or need, and successfully resolving the problem can benefit each party
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Intraorganizational Bargaining
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Negotiations that occur within each bargaining party as management and union negotiators attempt to achieve consensus within their respective organizations
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Good Faith Bargaining
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Each party must demonstrate a sincere and honest intent to reach a labor agreement and be reasonable in their bargaining positions, tactics, and activities
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Illegal Bargaining
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Subjects Involve a violation of law, and there is no legal duty to bargain over such an issue. (permitting management to pay less than minimum wage)
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Mandatory Bargaining Subjects
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Subjects that may have a direct effect on bargaining unit members' wages, hours, or other terms and conditions of employment
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Mid-term Bargaining
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Request the other party to voluntarily agree to negotiate a current contract provision early
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Good Faith Bargaining Impasse
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Occurs at the point in negotiation where neither party is willing to modify its position on a bargaining subject any further.
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Voluntary Bargaining Subjects
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Subjects that do not directly affect bargaining unit members' wages, hours, or other terms and conditions of employment
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Inability to Pay
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If management claims this, the union is entitled access to company financial information necessary to validate the employer's inability to pay claim
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Totality of Conduct Doctrine
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States that even though individual acts when viewed separately do not constitute a bargaining violation, such acts may constitute an unfair labor practice when viewed as a pattern of conduct in the totality of the circumstances surrounding the negotiations
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Boulwarism
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An offer or counter-offer that is not meant to be negotiated. “take it or leave it” strategy (unfair labor practice)
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Reserved Rights Doctrine
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Holds that all rights to manage the firm are reserved to management except to the extent management has voluntarily agreed to limit or restrict such rights through language found in a labor agreement
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Successorship Clause
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Represents a mandatory subject of bargaining and requires an employer not to sell or merge the firm unless the purchaser is willing to take on the terms of any existing labor contract
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Contract Ratification Process
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Provides union leaders with an indication as to whether union members can live with the proposed agreement, even though they might not be completely satisfied with all of its provisions
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Labor Relations Process: Involves managers and union representatives of employees. Three phases
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Recognition of the legitimate rights and responsibilities of union and management representatives 2. Negotiation of the labor agreement 3. Administration of the negotiated labor agreement
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