Shrm Module Five - Employee And Labor Relations

Front 1

Term: Agency shop

Back 1

Clause that states that even if workers do not join the union, they must still pay the equivalent of dues to the union.

Front 2

Term: Agent-principal relationship

Back 2

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

Front 3

Term: Ally doctrine

Back 3

States that when a struck employer effectively uses the employees of an ally as strike breakers and when a union extends its primary picketing to this employer, no violation of the LMRA's secondary boycott prohibitions exists.

Front 4

Term: Alternative dispute resolution (ADR)

Back 4

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

Front 5

Term: Arbitration

Back 5

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

Front 6

Term: Authorization cards

Back 6

Cards signed by employees to indicate that they want union representation; also called authorization petitions.

Front 7

Term: Bargaining unit

Back 7

Group of employees a union wants to represent.

Front 8

Term: Bumping

Back 8

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

Front 9

Term: Certification of representative

Back 9

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

Front 10

Term: Certification of results

Back 10

NLRB certification indicating that a union has lost an election.

Front 11

Term: Circuit City Stores v. Adams

Back 11

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

Front 12

Term: Civil Service Reform Act

Back 12

Act that extended collective bargaining rights to federal employees.

Front 13

Term: Clayton Act

Back 13

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

Front 14

Term: Closed shop

Back 14

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

Front 15

Term: Coalition bargaining

Back 15

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

Front 16

Term: Codetermination

Back 16

As related to international labor relations, a practice in which employees have a role in the management of a company that includes worker representatives with voting rights on the corporate board of directors.

Front 17

Term: Collective bargaining

Back 17

Process by which management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.

Front 18

Term: Collective bargaining agreement (CBA)

Back 18

Agreement or contract negotiated through collective bargaining process.

Front 19

Term: Committee

Back 19

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

Front 20

Term: Common law

Back 20

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

Front 21

Term: Common situs picketing

Back 21

Situation in which lawful picketing of a primary employer also affects a secondary employer that occupies common premises; employers may establish separate or reserved gates, one for the struck employer and the other for all other employers.

Front 22

Term: Community of interests

Back 22

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

Front 23

Term: Compressed workweek

Back 23

Work schedule that compresses a full week's work into fewer than five days.

Front 24

Term: Conciliation

Back 24

Method of nonbinding dispute resolution involving a third party who tries to help disputing parties reach a mutually agreeable decision; also known as mediation.

Front 25

Term: Consent election

Back 25

Type of representation election that involves an agreement between an employer and a union to waive the preelection hearing.

Front 26

Term: Consumer picketing

Back 26

Product boycotts involving such activities as distributing handbills, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business.

Front 27

Term: Coordinated bargaining

Back 27

When an employer bargains with several unions simultaneously but on a separate basis.

Front 28

Term: Deauthorization

Back 28

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

Front 29

Term: Decertification

Back 29

Means for employees to terminate union representation; removes union from its position as bargaining representative.

Front 30

Term: Defamation

Back 30

Injuring someone's reputation by making a false and malicious statement; may be spoken (slander) or written (libel).

Front 31

Term: Directed election

Back 31

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

Front 32

Term: Distributive bargaining

Back 32

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.

Front 33

Term: Double breasting

Back 33

When a common owner operates both union and nonunion businesses.

Front 34

Term: Dues checkoff

Back 34

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

Front 35

Term: Duty of fair representation

Back 35

Requires that unions act fairly on behalf of the employees they represent in negotiating and administering collective bargaining agreements.

Front 36

Term: Duty of good faith and fair dealing

Back 36

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

Front 37

Term: Duty of loyalty

Back 37

Common-law precept that imposes on employees a duty to be loyal to the employer.

Front 38

Term: Duty of successor employers or unions

Back 38

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

Front 39

Term: E. I. Dupont & Company

Back 39

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

Front 40

Term: Electromation

Back 40

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.

Front 41

Term: Employee handbook

Back 41

Explains major HR and employee policies and procedures and generally describes the employee benefits provided.

Front 42

Term: Employee involvement (EI)

Back 42

Planned and orderly attempt to link the shared interests of the employee and the company for their mutual benefit.

Front 43

Term: Employment-at-will (EAW)

Back 43

Common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time.

Front 44

Term: Excelsior List

Back 44

List the employer has to provide the union with the names and addresses of certain employees within seven days after the direction of or consent to an election.

Front 45

Term: Expatriation

Back 45

Process of sending employees abroad and supporting their ability to adapt to cultural changes and complete their international assignment.

Front 46

Term: Express oral contract

Back 46

Involves verbal promises made between employer and employee related to employment.

Front 47

Term: Featherbedding

Back 47

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

Front 48

Term: Federal Labor Relations Authority (FLRA)

Back 48

Administers the provisions of the various executive orders that fall under the Civil Service Reform Act of 1978.

Front 49

Term: Federal Mediation and Conciliation Service (FMCS)

Back 49

Term: Federal Mediation and Conciliation Service (FMCS)

Front 50

Term: Flextime

Back 50

Work schedule that requires employees to work an established number of hours per week but allows starting and ending times to vary.

Front 51

Term: Focus group

Back 51

Small group (normally six to twelve) invited to actively participate in a structured discussion with a facilitator.

Front 52

Term: Fraudulent misrepresentation

Back 52

Intentional deception relied upon and resulting in injury to another person.

Front 53

Term: Good-faith bargaining

Back 53

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

Front 54

Term: Grievance procedure

Back 54

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

Front 55

Term: Hot cargo clauses

Back 55

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

Front 56

Term: Illegal subjects

Back 56

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

Front 57

Term: Implied contract

Back 57

Exists when an agreement is implied from circumstances even though there is no express agreement between employer and employee.

Front 58

Term: Industrial democracy

Back 58

As related to international labor relations, where employees have legally mandated rights to participate in management decisions.

Front 59

Term: Inevitable disclosure

Back 59

Enables an employer to prevent an employee from taking employment with a competitor when the current employer's trade secrets might "inevitably" be disclosed.

Front 60

Term: Informational picketing

Back 60

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

Front 61

Term: Injunction

Back 61

Court order that directs a party, employer, or union to do or refrain from doing a certain act (or acts).

Front 62

Term: Integrative bargaining

Back 62

Takes place when there is more than one issue to be resolved; focuses on creative solutions to conflicts that reconcile parties' interests and result in mutual benefit.

Front 63

Term: Interest-based bargaining (IBB)

Back 63

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

Front 64

Term: Job enlargement

Back 64

Broadening the scope of a job by expanding the number of different tasks to be performed.

Front 65

Term: Job enrichment

Back 65

Increases the depth of a job by adding responsibility for planning, organizing, controlling, and evaluation.

Front 66

Term: Job rotation

Back 66

Breaks the monotony of routine jobs by shifting people between comparable but different jobs.

Front 67

Term: Job sharing

Back 67

Results when two part-time employees share one full-time job.

Front 68

Term: Labor-Management Relations Act (LMRA)

Back 68

Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Taft-Hartley Act.

Front 69

Term: Labor-Management Reporting and Disclosure Act (LMRDA)

Back 69

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

Front 70

Term: Landrum-Griffin Act

Back 70

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

Front 71

Term: Maintenance of membership

Back 71

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

Front 72

Term: Mandatory subjects

Back 72

Collective bargaining items required by law and the NLRB.

Front 73

Term: Mediation

Back 73

Method of nonbinding dispute resolution involving a third party who helps disputing parties reach a mutually agreeable decision; also known as conciliation.

Front 74

Term: National Industrial Recovery Act

Back 74

Act that extended the policies of the Railway Labor Act to all interstate commerce organizations.

Front 75

Term: National Labor Relations Act (NLRA)

Back 75

Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act.

Front 76

Term: National Labor Relations Board (NLRB)

Back 76

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

Front 77

Term: Negligent hiring

Back 77

Hiring of an employee who the employer knew or should have known, based on a reasonable pre-hire investigation of the employee's background, posed a risk to others in the workplace.

Front 78

Term: Negligent retention

Back 78

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

Front 79

Term: Neutrality agreement

Back 79

Contract between a union and an employer under which the employer agrees not to oppose a union's attempt to organize its workforce.

Front 80

Term: No-lockout clause

Back 80

Contract stipulation in which the company agrees not to lock out workers during a labor dispute for the life of the contract.

Front 81

Term: No-strike clause

Back 81

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

Front 82

Term: Norris-LaGuardia Act

Back 82

Act that guarantees workers' right to organize and restricts issuance of court injunctions against nonviolent union activity such as strikes, picketing, and boycotts.

Front 83

Term: Organizational feedback

Back 83

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

Front 84

Term: Organizational picketing

Back 84

Type of picketing done to induce employees to accept the union as their representative.

Front 85

Term: Pattern bargaining

Back 85

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

Front 86

Term: Permissive subjects

Back 86

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

Front 87

Term: Phased retirement

Back 87

Offers employees the opportunity to gradually reduce the number of hours they work before they are fully retired.

Front 88

Term: Policy

Back 88

Broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employee activities.

Front 89

Term: Positional negotiation

Back 89

Type of contract negotiation in which people lock themselves into positions and find it difficult to move away, parties lose sight of the underlying problems to be resolved, and emphasis is placed on winning the position.

Front 90

Term: Principled negotiation

Back 90

Type of contract negotiation based on four premises: 1) separate the people from the problem, 2) focus on interests, not positions, 3) invent options for mutual gain, and 4) insist on objective criteria.

Front 91

Term: Procedure

Back 91

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

Front 92

Term: Progressive discipline

Back 92

System of increasingly severe penalties for employee discipline.

Front 93

Term: Project team

Back 93

Group of people who come together for a specific project.

Front 94

Term: Railway Labor Act

Back 94

Act that originally provided railroad employees the right to organize and bargain collectively; now covers both railroad and airline employees.

Front 95

Term: Recognition

Back 95

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

Front 96

Term: Recognitional picketing

Back 96

Picketing done to obtain an employer's recognition of a union as bargaining representative.

Front 97

Term: Reserved rights doctrine

Back 97

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

Front 98

Term: Right to work

Back 98

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

Front 99

Term: Salting

Back 99

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

Front 100

Term: Secondary boycotts

Back 100

Action directed at a primary party through action against some third party.

Front 101

Term: Self-directed team

Back 101

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

Front 102

Term: Sherman Anti-Trust Act

Back 102

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.

Front 103

Term: Shop-floor participation

Back 103

As related to international labor relations, a participatory management approach in which workers have the opportunity to identify problems and help resolve them.

Front 104

Term: Skill variety

Back 104

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

Front 105

Term: Skip-level interviews

Back 105

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

Front 106

Term: Social charter

Back 106

As related to international labor relations, legislation to be implemented by European Union member states aimed at standardizing employment conditions/practices.

Front 107

Term: Strike

Back 107

Refusal by employees to work.

Front 108

Term: Sympathy strike

Back 108

Strike by employees of a bargaining unit who refuse to cross picket lines made up of employees who are not members of their bargaining unit.

Front 109

Term: TIPS

Back 109

Acronym used by many labor management attorneys and consultants that covers most of the unfair labor practice pitfalls a supervisor can run into: Don't Threaten, Interrogate, Promise, or Spy.

Front 110

Term: Taft-Hartley Act

Back 110

Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Labor-Management Relations Act (LMRA).

Front 111

Term: Task force

Back 111

Temporary allocation of personnel and resources for the accomplishment of a specific objective.

Front 112

Term: Task identity

Back 112

Extent to which a job requires a "whole," identifiable unit of work.

Front 113

Term: Task significance

Back 113

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

Front 114

Term: Team

Back 114

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

Front 115

Term: Telecommuting

Back 115

Working via computing and telecommunications equipment.

Front 116

Term: U.S. Equal Employment Opportunity Commission (EEOC)

Back 116

Federal agency responsible for enforcing antidiscrimination laws and handling charges.

Front 117

Term: Unfair competition

Back 117

Deals with employment contracts that contain covenants not to compete after termination of employment relationship and with the use of secret, confidential, or proprietary information that the employee obtained while working for the former employer.

Front 118

Term: Unfair labor practice (ULP)

Back 118

Violation of right under labor-relations statutes.

Front 119

Term: Union

Back 119

Formal association of employees that promotes the interests of its membership through collective action.

Front 120

Term: Union security clauses

Back 120

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

Front 121

Term: Union shop

Back 121

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.

Front 122

Term: Wagner Act

Back 122

Term: Wagner Act

Front 123

Term: Weingarten rights

Back 123

Union employees' right to have a union representative or coworker present during an investigatory interview.

Front 124

Term: Wildcat strikes

Back 124

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.

Front 125

Term: Work councils

Back 125

As related to international labor relations, groups of workers and management representatives charged with examining how to improve company performance, working conditions, job security, etc.

Front 126

Term: Work rule

Back 126

Reflects management decisions regarding specific actions to be taken or avoided in a given situation.

Front 127

Term: Work team

Back 127

Group of employees responsible for a given end product.

Front 128

Term: Yellow-dog contracts

Back 128

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

Front 129

Term: Zipper clause

Back 129

Contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not that matter was contemplated when the contract was negotiated or signed.