Phr - Employee And Labor Relations

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ad hoc arbitrator

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a person selected to hear a single case between two parties in conflict

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agency shop

Back 2

a clause in a labor contract that specifies all employees must either join the union or pay union dues if they chose not to join the union. Dumb

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ally doctrine

Back 3

an employer asks a neutral employee to produce the work that would normally be performed by the striking workers, the neutral employee becomes an ally of the strunk employer and is therefore a target of a picket line

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alter ego doctrine

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2 businesses have interrelated operations, central control of labor relations, common management, and common ownership, they are considered alter ego employers, and the NLRB may determine that employees of the alter ego employer are part of the bargaining unit

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alternative dispute resolution (ADR)

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ADR covers a range of methods used to solve disagreements without legislations. The alternatives are often able to resolve problems with less animosity that occurs when a lawsuit is filed, and at far less cost to the parties

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ADR

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Alternative Dispute Resolution

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authorization card

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the means by which the NLRB determines that there is sufficient support for a union to hold an election. The NLRB will hold an election if 30 % of the eligible employees in the anticipated bargaining agreement sign the authorization card

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binding arbitration

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Binding Arbitration is a way of resolving conflicts without resorting to work stoppages. The parties to a dispute agree to accept the arbitrators deal as final

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blocking-charge bar

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one of the bars to union representation elections, a blocking charge is based on pending charges of unfair labor practices that prevent unions from petitioning the NLRB for an election

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certification-year bar

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One of the bars to union representation elections, the NLRB will not order an election for at least one year after certifying a bargaining representative

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closed shop Clause

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a collective bargaining agreement requires all new hires to be members of the union before they are hired. The closed shop is illegal except for the constrution industry.

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collective bargaining agreement

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a contract between a union and an employer that governs the employment relationship for a specified period of time

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common law doctrines

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developed over centuries as a result of legal decisions made by judges in individual cases.

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common situs picketing

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employer shares a building with other employers. Because picketing can interfere with other businesses, unions must ensure that picket signs clearly state the name of the business they are striking, and when possible restrict picketing to an entrance used on by the primary employer

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compulsory arbitration

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is mandated by legal statute to resolve disputes in the public sector where labor strikes are prohibited

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consent election

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a union election held after an NLRB conference if the employer and the union agree to juridictional issues, the makeup of the bargaining unit, the eligibility of voters in the proposed unit, and the time and place of the election

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constructive confrontation

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form of mediation developed to resolve long-standing, deep-rooted conflicts about difficult, significant issues in organization. based on idea that that conflict is healthy and designed to move those in conflict form a focus on solving a large problem to removing the nonessential elements until core issues remain
Guy Burgess

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constructive discharge

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occurs when an employer forces an employee to resign by creating a work environment that is so unpleasant that a reasonable person would resign.

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consumer picketing

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done to advise consumers that goods have been produced by a business whose workers are on strike

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contract bar

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bars to union representation elections, the contract bar prevents an election when a valid collective bargaining agreement is already in place

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coordinated bargaining

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Also known as Multiunit bargaining, coordinated bargaining occurs when an employer negotiates with several unions representing different bargaining units in a company

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deauthorization

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the process employees use to remove a union security clause from the collective bargaining agreement

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decertification

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the process employees use to remove a union as their bargaining representative if they are dissatisfied with the union's performance. Requires signatures of at least 30% of employees before NLRB will act.

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defamation

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communication that damages an individuals reputation in the community, preventing them from obtaining employment or other benefits

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directed election

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union representation election that occurs after an NLRB preelection hearing has resolved issues about juridiction, the bargaining unit, voter eligibility, and the tim of place of the election

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distributive bargaining

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(positional bargaining/Hard Bargaining) a negotiating position in which for one side to gain somethin the other must lose something

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due process

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employment actions taken in accordance with established procedures. This includes noifying employees of pending actions and providing them with the opportunty to respond to any allegations prior to making a final emloyment decision

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duty of diligence

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common law doctrine requring an employee to act "with reasonable care and skill" in the course of perorming work for the employer

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duty of loyalty

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requires employees act in the best interest of the employer and not solicit work away from the employer to benefit themselves

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duty of obedience

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requires that employees to act within the authority granted by the empoyer and to follow the employers reasonable and legal policies, procedures, and rules

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Excelsior List

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contains the names and addresses of all employees in a bargaining unit designated by the NLRB and must be provided by the employer to the union within 7 days of the consent to or direction of an election

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express contract

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verbal or written agreement in which the parties state exactly what they agree to do

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glass ceiling

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limitations faced by women and minorities when it comes to advancing into the senior ranks of corporate management

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CBA

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Collective Bargaining Agreement

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Common Law Doctrines

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1. Respondeat Superior
2. Constructive Discharge
3. Defamation

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Bars to Elections (6)

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1. Contract Bar
2. Statutory Bar
3. Certification-Year Bar
4. Blocking-Charge Bar
5. Voluntary-recognition bar
6. Prior-petition bar

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Collective Bargaining Strategies

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1. SIngle Unit
2. Parallell
3. Multi-Employer
4. Multi-Unit

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Hard Bargaining

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same as positional bargaining

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hostile work environment

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defined by the EEOC. when an environment eists in which an individual are subjec to unwelcome verbal or physical conduct

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hot cargo agreement

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ULP in which a union asks an employer to stop doing business with another employer, usually to put pressure on the second employer to recognize the union

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implied contract

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created by an employers conduct and need not be specifically stated or written

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informational or publicity picketing

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to truthfully advise the public that an employer is a union-free workplace

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injunction

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a court order that either requires or forbids by one party against another. Sherman Anti-Trust Law

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integrative bargaining

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a form of principaled bargaining in which the parties look at all the issues on the table and make mutually agreeable trade-offs among those issues

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interest-based bargaining (IBB)

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form of principaled bargaining based on the concept that both sides in a negotiation have harmonius interests

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leapfrogging

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Same as parallel bargaining

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lockout

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occurs when management shuts down operations to keep employees from working

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maintenance of membership

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a clause in a union contract that allows employees to choose whether to join the union, but once they join, it requires that they remain members until the expiration of the contract. The employee must notify the union to discontinue membership within 30 days of the contract expiration

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multi-employer bargaining

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the union negotiates with more
than one employer in an industry or region at a time. This situation can occur when temporary
workers are part of a client employer’s bargaining unit and the union negotiates with
both the temp agency and the client employer on employment issues.

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multi-unit bargaining

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occurs when
several unions represent different bargaining units in the company. An example of this
occurs in the airline industry, when the employer negotiates with the unions representing
pilots, flight attendants, and mechanics or other employee classes.

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National Labor Relations Board

Back 51

The NLRB was established by the National
Labor Relations Act to enforce its provisions. It is charged with conducting elections and
preventing and remedying unfair labor practices. The NLRB does not instigate actions on
its own; it merely responds to charges of unfair labor practices or petitions for representation
elections filed in one of its offices.

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nonbinding arbitration

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Nonbinding arbitration takes place when either party may reject the arbitrator’s decision and continue the dispute by filing a lawsuit.

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ombudsman

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Also called an ombuds, an ombudsman is an impartial person not involved in a dispute who can speak with the parties and suggest alternative solutions.

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organizational climate

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Organization culture, behaviors, leadership, management styles, and the level of bureaucracy within an organization create the organization climate.

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organizational culture

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The organization culture includes the atmosphere, values, and beliefs shared at all levels and reflected in the behavior of individuals throughout the organization.

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organizational picketing

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Organizational picketing occurs when the union wants to attract employees to become members and authorize the union to represent them to the employer.

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parallel bargaining

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Also known as pattern bargaining, whipsawing, or leapfrogging, Occurs when the union negotiates with one of the employers in an industry at a
time. Once a contract has been reached with the first employer, the union uses the gains made
during the negotiation as a base for negotiating with the next employer.

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pattern bargaining

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same as parallel bargaining

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peer review panel

Back 59

A peer review panel is a form of alternative dispute resolution in which
management and nonmanagement employees trained in company policies, procedures, and
work rules hear disputes and make decisions that, depending upon the individual program,
can be final and binding on both parties to the dispute.

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pemanent arbitrator

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A permanent arbitrator is a person who is viewed by the parties to an agreement as fair and impartial and able to resolve any disputes arising between them.

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picketing

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Picketing occurs when a group of employees demonstrate at the entrance to
a business to inform customers and the public about disputes or to prevent deliveries to a
business that the union is trying to influence in some way.

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policies

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Policies are broad guidelines developed by the employer to guide organizational
decisions.

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positional bargaining

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Also known as distributive bargaining or hard bargaining, positional bargaining is a negotiating position in which for one side to gain something the other side must lose something.

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prior-petition bar

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When a union withdraws an election petition before the election takes place, the prior-petition bar prevents NLRB approval of another election for six months.

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procedures

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Procedures provide details for applying policies to work situations.

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quid pr quo

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Quid pro quo is a legal term that means, in Latin, “this for that.” Quid pro quo harassment, therefore, occurs when a supervisor or manager asks for sexual favors in
return for a favorable employment action.

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recognitional picketing

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Recognitional picketing occurs when a union wants an employer to recognize it as the employees’ representative for collective bargaining purposes. The NLRA places a limit of 30 days on recognitional picketing, after which a petition for an election must
be filed.

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respondeat superior

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Latin for “let the master answer,” respondeat superior is a common law concept that means employers can be held liable for actions of their employees that are
performed in the course of their employment and within the scope of their assigned duties or responsibilities.

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salting

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Salting is a union organizing practice used to influence employees in an organization.
The union hires an individual to apply for a job and, once hired, to organize employees
while working for the organization.

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sit-down strike

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A sit-down strike is an unlawful strike in which employees stop working and stay at the worksite.

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skip-level interview

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In a skip-level interview process, employees are interviewed by theirmanager’s manager to provide insight into employees’ goals and job satisfaction, as well as an opportunity for career counseling.

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statutory bar

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The statutory bar to union representation elections prohibits a representation election in a bargaining unit when one has been held during the preceding 12-month period.

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strike

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A strike occurs when the union decides to stop working

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tangible employment action (TEA)

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The Supreme Court defines a TEA as “a significant
change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.”

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TEA

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tangible employment action

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TIPS

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TIPS is an acronym used to remind employers of actions to prevent charges of unfair labor practices during unionizing efforts. That is, employers may not threaten, interrogate, promise, or spy on employees.

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tort

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A tort is a legal term used to describe an action that injures someone. Torts are not related to laws or contracts but can result in legal action: the party who has been injured can sue the wrongdoer and collect damages for the injury that has been done.

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totality of agreement

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Same as Zipper Clause

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tripartite arbitrationpanel

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A tripartite arbitration panel consists of three arbitrators who hear the issues and reach a joint decision regarding disputes.

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unfair labor practice

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ULPs are actions by an employer or a union that restrain or coerce employees from exercising their rights to organize and bargain collectively or to
refrain from doing so.

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union shop

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A union shop clause requires all employees to join the union within a grace period specified by the contract but no fewer than 30 days or, in the construction
industry, 7 days.

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vicarious liability

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Vicarious liability is a legal concept that holds an employer accountable for the harmful actions of its employees, whether or not the employer is aware of
those actions

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voluntary arbitration

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Voluntary arbitration occurs when both parties to a disagreement agree to submit the conflict to an arbitrator for resolution.

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voluntary-recognition bar

Back 84

The voluntary recognition bar to union representation elections
prevents an election for a reasonable period of time after an employer has voluntarily recognized
a union as the representative for a bargaining unit.

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whipsawing

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see parallel bargaining

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wildcat strike

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A wildcat strike occurs in violation of a contract clause prohibiting strikes
during the term of the contract.

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work rules

Back 87

Work rules describe what employees may or may not do to comply with a
company policy.

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yellow dog contract

Back 88

Yellow dog contracts were used by employers to prevent employees from joining unions by requiring them to sign an agreement that the employee was not a
member of a union and would not become one in the future and that joining a union would be sufficient grounds for dismissal in the future. These contracts were prohibited by the Norris-La Guardia Act.

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zipper clause

Back 89

Also known as a totality of agreement clause, a zipper clause is an agreement between the parties to a collective bargaining agreement that the contract is the entire agreement between them and that anything not in it is not part of the agreement. The purpose of
this clause is to prevent reopening of negotiations during the term of the contract.

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Sherman Anti-Trust Act of 1890

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Allows injunctions to be issued against any person or group that conspires to restrain trade

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IBB

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Interest-Based Bargaining

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Norris-La Guardia Act.

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prohibited Yellow Dog contracts

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ELR

Back 93

Employee and Labor Relations

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Weingarten Rights

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all union members te right to request a co-worker or shop steward be present during an interview if the employee believes the interview could lead to disciplinary action

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Escalator Position

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Part of USERRA, an employee must be reinstated to the position they would have earned had they not gone on military leave

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USERRA Continued Employment - How soon can they be discharged from work after returning?

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Leaves more than 30, but less than 181 - 6 Months
Leaves of More than 181 - one year

both are without cause

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Mediation Process Steps

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SIFONW
1. Structure
2. Introduction
3. Fact-Finding
4. Options
5. Negotiating
6. Writing the Agreement

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Knights of Labor

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First labor relations group. Advocates of 8 hour work day

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NLRB

Back 99

National Labor Relations Board - conducts elections and preventing and remedying unfair labor practices. It does not instigate actions on its own