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129 Cards in this Set

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Term: Agency shop
Clause that states that even if workers do not join the union, they must still pay the equivalent of dues to the union.
Term: Agent-principal relationship
Principle under which regulations on unfair labor practices that apply to employers and unions also apply to acts of their agents.
Term: Ally doctrine
States that when a struck employer effectively uses the employees of an ally as strike breakers and when a union extends its primary picketing to this employer, no violation of the LMRA's secondary boycott prohibitions exists.
Term: Alternative dispute resolution (ADR)
Umbrella term used to describe a number of problem-solving and grievance resolution approaches.
Term: Arbitration
Procedure in which disputes are submitted to one or more impartial persons for final determination.
Term: Authorization cards
Cards signed by employees to indicate that they want union representation; also called authorization petitions.
Term: Bargaining unit
Group of employees a union wants to represent.
Term: Bumping
Giving more-senior workers whose jobs have been eliminated the right to transfer into jobs of less-senior workers.
Term: Certification of representative
NLRB certification indicating that a union has won an election and will be the exclusive representative of the bargaining unit.
Term: Certification of results
NLRB certification indicating that a union has lost an election.
Term: Circuit City Stores v. Adams
Case in which Supreme Court ruled that a pre-hire employment application requiring that all employment disputes be settled by arbitration was enforceable under the Federal Arbitration Act.
Term: Civil Service Reform Act
Act that extended collective bargaining rights to federal employees.
Term: Clayton Act
Act that minimally restricted the use of injunctions against labor and legalized peaceful strikes, picketing, and boycotts.
Term: Closed shop
Clause that states that union membership is a condition of hiring; is illegal (except in the construction industry).
Term: Coalition bargaining
When more than one employer negotiates with the union; also known as multiple employer bargaining.
Term: Codetermination
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.
Term: Collective bargaining
Process by which management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.
Term: Collective bargaining agreement (CBA)
Agreement or contract negotiated through collective bargaining process.
Term: Committee
Group of people and resources who come together for the accomplishment of a specific organizational objective.
Term: Common law
Dictates that custom and usage have the force of law, even if not specifically found in legislatively enacted, codified, written laws.
Term: Common situs picketing
Situation in which lawful picketing of a primary employer also affects a secondary employer that occupies common premises; employers may establish separate or reserved gates, one for the struck employer and the other for all other employers.
Term: Community of interests
Mutuality of interests among employees in bargaining for wages, hours, and working conditions.
Term: Compressed workweek
Work schedule that compresses a full week's work into fewer than five days.
Term: Conciliation
Method of nonbinding dispute resolution involving a third party who tries to help disputing parties reach a mutually agreeable decision; also known as mediation.
Term: Consent election
Type of representation election that involves an agreement between an employer and a union to waive the preelection hearing.
Term: Consumer picketing
Product boycotts involving such activities as distributing handbills, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business.
Term: Coordinated bargaining
When an employer bargains with several unions simultaneously but on a separate basis.
Term: Deauthorization
Removes authority of a bargaining representative in a non-right-to-work state to negotiate or enforce a union security clause.
Term: Decertification
Means for employees to terminate union representation; removes union from its position as bargaining representative.
Term: Defamation
Injuring someone's reputation by making a false and malicious statement; may be spoken (slander) or written (libel).
Term: Directed election
Type of representation election ordered by the NLRB regional director after a preelection hearing.
Term: Distributive bargaining
When parties are in conflict over an issue and the outcome represents a gain for one party and a loss for the other; each party tries to negotiate for the best possible outcome.
Term: Double breasting
When a common owner operates both union and nonunion businesses.
Term: Dues checkoff
Where employees agree in writing to an automatic deduction of dues from their paychecks.
Term: Duty of fair representation
Requires that unions act fairly on behalf of the employees they represent in negotiating and administering collective bargaining agreements.
Term: Duty of good faith and fair dealing
Imposes on each party in a contract an obligation for honesty in the conduct of the transaction.
Term: Duty of loyalty
Common-law precept that imposes on employees a duty to be loyal to the employer.
Term: Duty of successor employers or unions
Mutual bargaining obligation of an employer and a union when a majority interest in a unionized company is sold to another employer.
Term: E. I. Dupont & Company
1993 NLRB ruling that held certain employee committees to be illegal because Dupont management circumvented the legally chosen employee representatives and usurped the union's right to represent its members.
Term: Electromation
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.
Term: Employee handbook
Explains major HR and employee policies and procedures and generally describes the employee benefits provided.
Term: Employee involvement (EI)
Planned and orderly attempt to link the shared interests of the employee and the company for their mutual benefit.
Term: Employment-at-will (EAW)
Common-law principle stating that employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time.
Term: Excelsior List
List the employer has to provide the union with the names and addresses of certain employees within seven days after the direction of or consent to an election.
Term: Expatriation
Process of sending employees abroad and supporting their ability to adapt to cultural changes and complete their international assignment.
Term: Express oral contract
Involves verbal promises made between employer and employee related to employment.
Term: Featherbedding
Situation in which unions try to require the employment of more workers than is necessary.
Term: Federal Labor Relations Authority (FLRA)
Administers the provisions of the various executive orders that fall under the Civil Service Reform Act of 1978.
Term: Federal Mediation and Conciliation Service (FMCS)
Term: Federal Mediation and Conciliation Service (FMCS)
Term: Flextime
Work schedule that requires employees to work an established number of hours per week but allows starting and ending times to vary.
Term: Focus group
Small group (normally six to twelve) invited to actively participate in a structured discussion with a facilitator.
Term: Fraudulent misrepresentation
Intentional deception relied upon and resulting in injury to another person.
Term: Good-faith bargaining
Generally means that parties in a negotiation enter into discussion with fair and open minds and a sincere desire to arrive at an agreement.
Term: Grievance procedure
Provides an orderly way to resolve differences of opinion in regard to a union contract.
Term: Hot cargo clauses
Agreement that union members are not required to handle goods made by nonunion labor or a struck plant; generally illegal.
Term: Illegal subjects
Those collective bargaining items that are unlawful by statute; also known as external subjects.
Term: Implied contract
Exists when an agreement is implied from circumstances even though there is no express agreement between employer and employee.
Term: Industrial democracy
As related to international labor relations, where employees have legally mandated rights to participate in management decisions.
Term: Inevitable disclosure
Enables an employer to prevent an employee from taking employment with a competitor when the current employer's trade secrets might "inevitably" be disclosed.
Term: Informational picketing
Type of picketing done to advise the public that an employer is nonunion.
Term: Injunction
Court order that directs a party, employer, or union to do or refrain from doing a certain act (or acts).
Term: Integrative bargaining
Takes place when there is more than one issue to be resolved; focuses on creative solutions to conflicts that reconcile parties' interests and result in mutual benefit.
Term: Interest-based bargaining (IBB)
Form of negotiating where parties look for common ground and attempt to satisfy mutual interests through the bargaining process.
Term: Job enlargement
Broadening the scope of a job by expanding the number of different tasks to be performed.
Term: Job enrichment
Increases the depth of a job by adding responsibility for planning, organizing, controlling, and evaluation.
Term: Job rotation
Breaks the monotony of routine jobs by shifting people between comparable but different jobs.
Term: Job sharing
Results when two part-time employees share one full-time job.
Term: Labor-Management Relations Act (LMRA)
Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Taft-Hartley Act.
Term: Labor-Management Reporting and Disclosure Act (LMRDA)
Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Landrum-Griffin Act.
Term: Landrum-Griffin Act
Act that protects the rights of union members from corrupt or discriminatory labor unions; also known as Labor-Management Reporting and Disclosure Act (LMRDA).
Term: Maintenance of membership
Contract clause that states that an employee may or may not choose to join a union but once the employee joins, he/she must maintain membership for the duration of the contract.
Term: Mandatory subjects
Collective bargaining items required by law and the NLRB.
Term: Mediation
Method of nonbinding dispute resolution involving a third party who helps disputing parties reach a mutually agreeable decision; also known as conciliation.
Term: National Industrial Recovery Act
Act that extended the policies of the Railway Labor Act to all interstate commerce organizations.
Term: National Labor Relations Act (NLRA)
Act that protects the rights of employees to organize unhampered by management; also known as Wagner Act.
Term: National Labor Relations Board (NLRB)
Agency that has authority to conduct union representation elections and investigate unfair labor practices.
Term: Negligent hiring
Hiring of an employee who the employer knew or should have known, based on a reasonable pre-hire investigation of the employee's background, posed a risk to others in the workplace.
Term: Negligent retention
Retention of employees who engage in misconduct both during and after working hours.
Term: Neutrality agreement
Contract between a union and an employer under which the employer agrees not to oppose a union's attempt to organize its workforce.
Term: No-lockout clause
Contract stipulation in which the company agrees not to lock out workers during a labor dispute for the life of the contract.
Term: No-strike clause
Contract stipulation in which union agrees not to strike during the duration of the contract.
Term: Norris-LaGuardia Act
Act that guarantees workers' right to organize and restricts issuance of court injunctions against nonviolent union activity such as strikes, picketing, and boycotts.
Term: Organizational feedback
Presentation of data to stimulate discussion of problem areas, generate potential solutions, and stimulate motivation for change.
Term: Organizational picketing
Type of picketing done to induce employees to accept the union as their representative.
Term: Pattern bargaining
Takes place when unions negotiate provisions covering wages and other benefits similar to those already provided in other agreements existing within the industry or region; also known as parallel bargaining.
Term: Permissive subjects
Collective bargaining items that may be bargained but are not obligatory; also called voluntary or nonmandatory subjects.
Term: Phased retirement
Offers employees the opportunity to gradually reduce the number of hours they work before they are fully retired.
Term: Policy
Broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employee activities.
Term: Positional negotiation
Type of contract negotiation in which people lock themselves into positions and find it difficult to move away, parties lose sight of the underlying problems to be resolved, and emphasis is placed on winning the position.
Term: Principled negotiation
Type of contract negotiation based on four premises: 1) separate the people from the problem, 2) focus on interests, not positions, 3) invent options for mutual gain, and 4) insist on objective criteria.
Term: Procedure
Detailed, step-by-step description of the customary method of handling an activity.
Term: Progressive discipline
System of increasingly severe penalties for employee discipline.
Term: Project team
Group of people who come together for a specific project.
Term: Railway Labor Act
Act that originally provided railroad employees the right to organize and bargain collectively; now covers both railroad and airline employees.
Term: Recognition
When an employer recognizes a union as being entitled to conduct collective bargaining on behalf of workers in a particular bargaining unit.
Term: Recognitional picketing
Picketing done to obtain an employer's recognition of a union as bargaining representative.
Term: Reserved rights doctrine
Grants management full authority and discretion over the items that are or could be covered unless the contract limits management's rights in a particular area.
Term: Right to work
Refers to statutes that prohibit unions from making union membership a condition of employment.
Term: Salting
Process of using paid union organizers to infiltrate an organization and organize its workers.
Term: Secondary boycotts
Action directed at a primary party through action against some third party.
Term: Self-directed team
Group of people that works in a self-managing way; typically assume complete autonomy.
Term: Sherman Anti-Trust Act
Act that curbed concentrations of power that interfered with trade and reduced economic competition; directed at large monopolistic employers but applied by courts to labor unions.
Term: Shop-floor participation
As related to international labor relations, a participatory management approach in which workers have the opportunity to identify problems and help resolve them.
Term: Skill variety
Extent to which a job requires a variety of different activities for successful completion.
Term: Skip-level interviews
Practice in union-free organizations of encouraging managers to spend time with each employee two levels below them on an annual basis.
Term: Social charter
As related to international labor relations, legislation to be implemented by European Union member states aimed at standardizing employment conditions/practices.
Term: Strike
Refusal by employees to work.
Term: Sympathy strike
Strike by employees of a bargaining unit who refuse to cross picket lines made up of employees who are not members of their bargaining unit.
Term: TIPS
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.
Term: Taft-Hartley Act
Act that provides balance of power between union and management by designating certain union activities as unfair labor practices; also known as Labor-Management Relations Act (LMRA).
Term: Task force
Temporary allocation of personnel and resources for the accomplishment of a specific objective.
Term: Task identity
Extent to which a job requires a "whole," identifiable unit of work.
Term: Task significance
Extent to which a job has a substantial impact on other people.
Term: Team
Set of two or more people who are equally accountable for the accomplishment of a purpose and specific performance goals.
Term: Telecommuting
Working via computing and telecommunications equipment.
Term: U.S. Equal Employment Opportunity Commission (EEOC)
Federal agency responsible for enforcing antidiscrimination laws and handling charges.
Term: Unfair competition
Deals with employment contracts that contain covenants not to compete after termination of employment relationship and with the use of secret, confidential, or proprietary information that the employee obtained while working for the former employer.
Term: Unfair labor practice (ULP)
Violation of right under labor-relations statutes.
Term: Union
Formal association of employees that promotes the interests of its membership through collective action.
Term: Union security clauses
Provisions in a collective bargaining agreement designed to protect the institutional authority or survival of the union (e.g., making union membership or payment of dues compulsory for all or some of the employees in a bargaining unit).
Term: Union shop
Clause that states that when workers take jobs in a specific bargaining unit, they must join the union and pay union dues within a certain period of time.
Term: Wagner Act
Term: Wagner Act
Term: Weingarten rights
Union employees' right to have a union representative or coworker present during an investigatory interview.
Term: Wildcat strikes
Work stoppages involving the primary employer-employee relationship that are neither sanctioned nor stimulated by the union and that violate a no-strike clause in the contract.
Term: Work councils
As related to international labor relations, groups of workers and management representatives charged with examining how to improve company performance, working conditions, job security, etc.
Term: Work rule
Reflects management decisions regarding specific actions to be taken or avoided in a given situation.
Term: Work team
Group of employees responsible for a given end product.
Term: Yellow-dog contracts
Contracts that force employees to agree not to join a union or participate in any union activity as a condition of employment.
Term: Zipper clause
Contract stipulation in which both parties waive the right to demand bargaining on any matter not dealt with in the contract, whether or not that matter was contemplated when the contract was negotiated or signed.