Mod-5 Employee And Labor Relations

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Reserved Gate

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

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Salting

Back 2

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

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Self-Directed Team

Back 3

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

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Strike

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Refusal by employees to work

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Task Identity

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Extent to which a job requires a "whole' indentifiable unit of work.

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TIPS

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Acronym used by amany 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

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Union Security Clauses

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Provisions in a collective bargaining agreement designed to protect the institutional authority or survivial of the union (e.g., making union membership or payment of dues compulsory for all or some of the employees in a bargaining unit)

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Wildcat Strikes

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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.

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Zipper Clause

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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.

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Recognitional picketing

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Picketing done to obtain an employers recognition of a union as bargaining representative.

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Safe Harbor

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

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Segmented bargaining

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When employer and union decide to assign specific bargaining issues to committees; proposals are then returned to entire gorup for decision.

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Skip-level interviews

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

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Task Force

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

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Telecommuting

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Working via computing and telecommunications equipment

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Union

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

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Weingarten rights

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Union EEs right to have a union representative or co worker present during an investigatory interview

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Yellow-dog contracts

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

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Recognition

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

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Right to work

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

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Section 7 Rights

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

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Skill Variety

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

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Taft-Hartley Act

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

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Team

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

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Unfair Labor practice (ULP)

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Violation of rights under Labor-relations statutes

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Wagner Act

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Act that protects the rights of ee's to organize unhampered by management;alos know as Natioal Labor Relations Act (NLRA)

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Work Team

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Group of ee's responsible for a given end product

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Reserved rights doctrine

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

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Secondary Boycotts

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When a union attempts to infulence an employer by exerting pressure on another employer

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Sherman Anti-Trust Act

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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.

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Sympathy Strike

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Strike by ee's of a bargaining unit who refuse to cross picket lines made up of ees who are not members of their bargaining unit.

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Task Significance

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

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Unfair competiton

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Deals with employement contracts that contain covenants not to compete after terminiaton of employement relationship and with the use of secret, confidntial, or proprietary information that the employee obtained while working for the former ER.

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Union Shop

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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

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Work Rule

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Reflects managment decisons regardin specific actions to be taken or avoided in a given situation

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Job Sharing

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Results when two partiem ee's share one full time job

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Landrum-Griffin Act

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

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Manadatory Subjects

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Collective bargaining items required by law and NLRB

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National Labor Relations Board (NLRB)

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

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"Nip in the bud" cases

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NLRB cases involving ULPs during a unions organizing drive that "chill" an organizing effort

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Open Shop

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

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Permissive Subjects

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

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Principled negotiation

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Type of contract negotion based on four premies. 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.

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Public Policy exception

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Exception to doctrine of employment-at-will, holding that employees cannot be fired for fulfiling legal obligations of for exercising legal rights.

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Interest-based bargaining (IBB)

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Form of negotiating where parties look for common ground and attempt to statisfy mutual interest through the bargaining process.

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Labor-Management Reporting and Disclosure Act (LMRDA)

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

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Maintenance of membership

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

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National Labor Relations Act (NLRA)

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Act taht protects the rigsht of ee's to organize unhampered by management; also know as the Wagner Act.

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Neutruality/cooperation agreement

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

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No-Strike Clause

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Contract stipulationin which union agrees not to strike during the duration of the contract.

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Pattern Bargaining

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Takes palce when unions negotiat provisions covering wages and other benefits similar to those already provided in other agreements existing within the industry or region;also know as parallel bargaining.

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Positional negtiaion

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Type of contract negotioan 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

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Project team

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Group of people who come together for a specific project

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Integrative bargaining

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Takes place when there is more than one issue to be resolved;focuses on craetive solutons to conflicts that reconcidle parties' interest and result in mutual benefit.

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Labor-Management Relations Act (LMRA)

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Act that provides balance of power between unkon and managment by designating certain union activities as unfair labor practices;also known as Taft-Hartely act

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Lockout

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

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National Industrial Recovery Act

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Act that extended the policies of the Reilway Laobr Act to all interstate commerce organizations

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Negligent retention

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Retention of EEs who engage misconduct both during and after working hours.

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Norris-LaGuardia Act

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Act taht guarnatees workers' right to organize and restricts issuance of court injuctions against peaceful organized labor activity such as strikes, picketing, and boycotts.

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Organizational picketing

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Type of picketing doen to induce ee's to accept a union as their representative

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Policy

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Broad stetement that reflects an organizations philosophy, objectives, or standards concerning a particular set of management or ee activities

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Progressive discipline

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system of increasingly severe penalties for employee discipline

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Labor organization

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Any organization in which ee's particpate and which exists for the purpose of dealing with employers on work related issues

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Litigation Hold

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Process of ensuring that any inforamtion related to pending (or resonably anticpated) litigaton is identified and preserved without regard to usual document destruction polies or schedules

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Mediation

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Method of nonbinding dispute resolution involving a third party who helps dispuing parties reach a mutually agreeable decisionalso know as conciliation

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Negligent Hiring

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Hiring of an ee who the ER knew or should have known, based on a resasonable pre-hire investigaiotn of the ee's backgrond, posed a risk to others in the workplace.

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No-lockout clause

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Contract stipulationin which teh company acrees not to lock out workers during a lobor dispute for the life of the contract

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Organizationa feedback

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

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phased retirement

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Offers ees the oppourtunity to gradually reduce the number of hours they work before they are fully retired

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Procdeure

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

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Railway Labor Act

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Act that orignially provided railroad employees the right to organize and bargain collectively, now covers both railroad and airline ee's.

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Consent election

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Type of representation election that involves an agreement between and ER an da union to waive the preeletion hearing

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Decertification

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Means for ee's to terminate union representation; removes union from its position as bargaining representative

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Double breasting

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Wehn a common owner operates both union and nonunion businesses

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Duty of loyalty

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Common-Law precept that imposes on emplyees a duty to be loyal to the ER

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Employee Handbook

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

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Express oral contract

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Involves verbal promises made between employer and EE related to employment

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Flextime

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Work schedule that requires ee's to work an established number of hours per week bu allows starting and ending times to vary

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Good-faith bargaining

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

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Implied contract

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

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Injunction

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court order that restricts, prevents, or requires certain activities

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Conciliation

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Method of nonbinding dispute resolution involving a third party who tires to help disputing parties reach a mutually agreeable decison; also know as mediation

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Deauthorization

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

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Distributive bargaining

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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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Dudy of good faith and fair dealing

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

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Electromation

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

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Excelsior List

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List the ER has to provide the uiion with the names and addresses of certain EE's within 7 days after the direction of or consent to an election

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Federal Mediation and Conciliation Service (FMCS)

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

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Gissel Order

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NLRB order to an ER to bargain with the union asa remedy for serious ULP charges agains the ER

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Illegal Subjects

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

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Informational Picketing

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

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Compressed workweek

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Work schedule that compresses a full weeks work into fewer than five days

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Coordinated bargaining

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When and ER bargains with several unions simultaneously but on a separate basis

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Directed Election

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

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Duty of fair representation

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

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E.I. Dupont & Company

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1993 NLRB ruling that held certain EE committees to be illegal because Dupont management circumvented the legally chosen EE representatives and usurped the unions right to represent its members.

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Employee participatoin programs (EPPs)

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Programs to imporve communication between employees and management and empower employees in some workplace decisions.

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Federal Labor Relations Authority (FLRA)

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Administers the provisions of the various executive orders that fall under the civil service reform act of 1978

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Fraudulent misrepresentation

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Interntional decption relied upon and resultign in injury to another person.

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Hot cargo clauses

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

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Inevitable disclosure

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Enables and employer to prevent an ee from taking employeemnt with a competitor when the current employers trade secrets might inevitably be disclosed.

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Community of intersts

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

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Consumer Picketing

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Product boycotts involviing such activities as distrubuting hanbills, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business.

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Defamation

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Injuring someeones reputation by makinga false malicious statement; may be spoken (slander) or written (libel)

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Dues checkoff

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

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Duty of successor employers or unions

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

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Employee involvement (EI)

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

Front 108

Featherbedding

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

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Focus Group

Back 109

Small group (normally 6-12) invited to actively participate in a structured discussion with a facilitator

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Grievance procedure

Back 110

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

Front 111

Industrial Democracy

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As related to international labor releations, where EE's have legally mandated rights to participe in management decisions.

Front 112

Alternative dispute resolution (ADR)

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

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Bannering

Back 113

Union practice of displaying a banner outside the property of an employer to advertise unions message.

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Certification of representative

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

Front 115

Civil Service Reform Act

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Act that extened collective bargaining rights to federal employees.

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Collective Bargaining

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Process by which managment and union represetatives negotiate the employement conditions for a particular bargaining unit for a designated period of time.

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Common situs picketing

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

Front 118

Ally doctrine

Back 118

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 probibitions exists.

Front 119

Authorization cards

Back 119

Cards signed by employees to indicate that they want union representation

Front 120

"Cats paw" principle

Back 120

Legal principle in which, for example, and HR dept is culpable for discrimination even though HR had no desire to discriminate, such as when HR is persuaded to take an adverse action against an employee with protected status by other biased employee who wish to discriminate against the individual.

Front 121

Circuit City Stores v. Adams

Back 121

Case in which Supremene Court ruled that a pre-hire employement application requireing that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.

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Coalition bargaining

Back 122

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

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Common law

Back 123

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

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Agent-principal relationship

Back 124

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

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Attorney work products

Back 125

Materials used in preparing a legal case(e.g. written reports, notes, data) usually excluded from discovery phase.

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Bumping

Back 126

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

Front 127

"Chilling"

Back 127

As definined by the NLRB, an ER act that will result in hesitation by an EE to exercise protected rights under Section 7 of the NLRA.

Front 128

Closed-Shop

Back 128

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

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Committee

Back 129

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

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Agency Shop

Back 130

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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Arbitration

Back 131

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

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Bargaining Unit

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Group of employee a union wants to represent

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Certifiation of results

Back 133

NLRB certification indicating that a union has lost an election.

Front 134

Clayton Act

Back 134

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

Front 135

Collective Bargaining Agreement (CBA)

Back 135

Agreement or contract negotiated through collective bargaining process.