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76 Cards in this Set
- Front
- Back
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CIVIL SERVICE ACT OF 1883
PENDLETON ACT |
•Created Civil Service Commission was created
•People selected based on qualification and ability to do a job without regard to political affiliation •Merit system |
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LLOYD LAFOLLETTE ACT 1913
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•Dismissal for cause
•Discharge for cause (nonfeasance, misfeasance, and malfeasance) •Hearings and appeals |
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HATCH ACT 1939, 1993
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•Federal employees may not run for or hold partisan political office while employed by the federal government
•Isolated employees from politics |
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CIVIL RIGHTS ACT 1964
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•Anti-discrimination
•Prohibits employment discrimination based on race, color religion, sex, or national origin. |
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Civil Service Reform Act 1978
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•added protections from Civil Service Act of 1883 -
Added protections •Equal pay equal work •Redefinition of merit •Employees must be provided training and education |
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WHISTLE BLOWER PROTECTION ACT 1989
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•Protects employees who report retaliation or misconduct
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AMERICAN WITH DISABILITIES ACT
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•Reasonable accommodations enforced by EEOC except when undue hardship
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LONG BALLOT
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•What we use in LA County
•Sheriff – District Attorney |
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RANK IN PERSON
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•Private sector organizations
Allows for market forces by paying more to valued employees Reward for higher performance, leadership, greater contribution to the organization Ensures retention of gifted employees |
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RANK IN POSITION
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•County employees and government
Pay determined by the needs of that position, regardless of education, special training, or employee commitment Similar duties & responsibilities grouped into job titles |
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RANK IN CORPS
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•Military
Same position, same $, but different duties based on capabilities. Could get higher responsibilities with same pay. |
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FOUR GENERATIONS
Traditional Matures |
Born Before 1946
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FOUR GENERATIONS
Baby Boomers |
Born 1946-1964
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FOUR GENERATIONS
Generation X |
Born 1965 – 1980
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FOUR GENERATIONS
Gen Y/Millennials |
Born 1981 – 1999
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CALIFORNIA SPECIFIC
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•Anti- Discrimination Act – Fair Employment
•Prop 209 – Anti affirmative action |
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Meyers, Milias, Brown Act
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Unions
•Tells you how to form bargaining units •Collective bargaining rights |
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Prop 209
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•No affirmative action but we have EEOC (everything under title 7)
•Discrimination is harder to prove •Prohibit public institutions from considering race, sex, or ethnicity |
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Plessy vs Ferguson 1896
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•Separate but equal
•Federal Case Law |
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Jim Crow Laws
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•Mandates segmentation in public facilities
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Brown vs Board of Education
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•Overturned Plessy vs Ferguson
•Over tuned Jim Crow Laws |
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AFFIRMATIVE ACTION
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•Refers to policies that take race, ethnicity, or gender into consideration in an attempt to promote equal opportunity
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INACTION
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1883 – 1940 – No one had equal rights to seek employment
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REACTION
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1950’s – 1060’s – Brown vs Board of Education
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PRO-ACTION
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1970’s to 1980’s – Enforced desegregation
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80'S
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Became reactionary period
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Griggs vs Duke Power
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Concerned Employment Discrimination
•Selection Criteria •Test Contests •Test Construct 4/5ths rule |
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4/5th's Rule
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pass rate for minorities and shifting of burden of proof – Test presumed non-discriminatory as long as pass rate for minorities is at least 4/5’s of whites.
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Bradwell vs. Illinois 1873
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•Delicate nature of women make them unsuitable to practice law
•Equal pay for equal work – Comparable worth |
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Glass Ceiling Effect
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•Allow women and minorities to advance and to hire management echelons but prevent them from achieving proportionality in top executive positions
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FMLA
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Provides up to 12 weeks of unpaid leave in any 12 month period for family and medical problems.
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KSA
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KNWODLEGE
SKILLS ABILITY |
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RULE OF 3, 5, 7
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Able to pick from the top 3, 5, or 7
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Veterence Prefernce
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Veterans are given extra points
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Disabled Veterans Preferance
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Disabled Veterans given extra points
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Emergency appointments
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Find one reason not to hire a Veteran and use the emergency appointment
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ELEMENTS OF CLASSIFICATION ACT
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•Like positions are ranked together
•Level of responsibility taken into consideration •Qualifications affect rank – more education, more pay |
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Compensation
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vacation, sick time, 401k
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What make you stay in your position
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a good supervisor
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What makes you quit your job
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A bad supervisor
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Muller v. Oregon
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Improved working conditions for women who were frequently employed in sweatshop conditions doing sewing by the piece in substandard hygienic workplaces.
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1963 Equal Pay Act
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prohibited paying women less than men for doing the same work.
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1964 Civil Rights Act
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prohibits employee discrimination based on “race, color, religion, sex or national origin…with respect to…compensation, terms, conditions, or privileges of employment.”
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Washington County v. Gunther – prisons
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• Women got paid less than men because men were doing full-time oversight of prisoners, but female officers also did clerical work.
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Glass Ceiling effect
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• Congress created a Glass Ceiling Commission as part of the 1991 Civil Rights Act. Private employers and government agencies are asked to examine their promotional practices to identify and remove barriers to advancement.
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What is sexual harassment
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• Any unwelcome sexual advance, or conduct or language that is sexually abusive or intimidating.
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Who is responsible for Sexual Harrasment
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The employer
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Forecasting human resource needs involves
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1.Projecting demands for organizational services
2.Appropriate allocation of resources 3.Development of new resources as necessary |
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Classifications
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Hierarchical plan of the jobs in the organization
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Classification Acts of 1923 and 1949
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mandated professional and uniform classifications
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Classification Act of 1923
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Uniformity in federal service
Classifications Board (then housed in the Civil Service Commission) responsible for administering the classifications system |
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Classification Act of 1949
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Assigned overall classification authority to Civil Service Commission
Delegated actual classification task to agencies Same arrangement continues under the Office of Personnel Management |
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Forecasting human resource needs involves
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1. Projecting demands for organizational services
2. Appropriate allocation of resources 3. Development of new resources as necessary |
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Patronage
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The most common characteristic of traditional spoils systems was the use of government positions to reward loyal party members for their work in elections.
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Merit System
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is the selection of the most qualified candidates from a broad based pool of applicants drawn from society without regard to race, gender, ethnicity, or creed.
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National Labor Relations Act 1935
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•Before this act government was willing to lend its support to labor unions in exchange for no – strike pledges
•Railroad worker and leftist presidential candidate Eugene V. Debbs was imprisoned for advocating draft resistance |
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Yellow- dog contracts
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employee could not join union or had to withdraw from union.
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Clayton Act of 1914
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Injunction to prevent strikes
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Sherman Act 1980
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prohibited the use of none employee picketers and secondary boycotts. You had to be an employee to picket.
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Collective Bargaining
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is the right of employee to be heard by management
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Taft- Hartley Act 1947
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•National emergency impasse procedure = to 80 day “cool off” period when in dispute during negotiations and during an emergency like safety or health issue.
•Prohibited close shops in which the employee had to be a member of the union. •Supervisors excluded from the definition of employee •Defined union acts that were unfair. |
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Landum-Griffin Act 1959
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• Provided certain guarantees of rank & file participation in union elections
• Made union officials accountable for how organization funds were spent. |
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Impasse Procedures
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•When Impasse develops the disputants are 1st encouraged to seek help of Federal Mediation. Mediation is to bring the two parties to a mutual agreement. The mediator possesses no authority to compel compliance; reason and persuasion are the mediators only strength.
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Civil reform act of 1978
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•Specified the rights of management, the status of managerial and supervisory personnel, and impasse resolution procedures.
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Federal Labor Relations Authority (FLRA)
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•Oversees relations between federal agencies and the elected representatives of federal employees
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Strikes
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•Success of private sector strikes often-based on economic impact. E.g. Writers guild and grocery workers
•Success of the public sector strikes based on service disruption (Blu flu) e.g. Air traffic controllers (PATCO), Refuse haulers |
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EEO CONSTRAINTS
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•Resolve EEO complaints at lowest level and in shortest amount of time
•Find a point person 9trusted neutral) within organization who can drive the complaint resolution process, counsel employees •Keep training up to date •EEO grievances don’t always follow chain of command because direct supervisors might be a problem |
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DISCIPLINARY SYSTEMS
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•Disciplinary appeals processes differ from one organization to another (may be civil service, hearing office, grievance)
•Correct methods for disciplining employees are usually similar – lawsuit driven •For discipline to be successful, management must provide time, training and resources to the supervisor. The supervisor may be reluctant to take action |
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Misfeasance
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doing the job incorrectly – multiple errors
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Malfeasance
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violations of law or policy – civil or criminal law
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Nonfeasance
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Failure to perform – failure to comply with direct orders, gross insubordination, chronic lateness, absences, abuse of sick leave
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PROGRESSIVE DISCIPLINE – SKELLY
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• Counseling with goal of correction and adherence to agency rules
• Failure to correct is followed by letter of reprimand • Failure to correct is followed by stronger discipline that might include suspension, demotion, and even discharge • Employee has right to appeal |
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PROPORTIONALITY
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• The level of discipline should fir the offenses
• In some cases, immediate discharge is proportionate • It is more likely that an employee will commit different offense rather than the same one, in which case progressive discipline becomes more difficult to carry out. |
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APPEALS
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• Management must have just cause
• Must convince hearing officer or Civil Service that discipline is related to on of the 3 just cause elements • Must provide sufficient evidence though documentation, witness statements, etc • Must also prove that the employee was given opportunity to improve but did not |
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SEXUAL CONDUCT, OFF DUTY RIGHTS
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• Community standards test – vague and difficult to define
• Example: unmarried pregnant teacher in Catholic School • Example: firefighters who posed nude for calendar in uniform • Military – Don’t ask don’t tell • Moonlighting; what is allowed and what is not |
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STANDARDS FOR EVALUATING OFF DUTY CONDUCT
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• Are there effects on job performance?
• Are there effects on efficiency of fellow workers or management? • Has there been or will there be direct injury to the employer? • Is there or will there be indirect injury to the employer (this is where image comes in, e.g. LA Police Officers discharged for domestic violence) • Is the standard of proof must be clear and convincing? |
