Employment relations exam

If an agreement does not provide a notice provision, what notice must be given?

'Reasonable' notice.

What was the average annual labour productivity growth % between 1992 and 1999 in NZ?

0.8% per annum.

Employment relations is the study of what?

1) The relative powers and interests of the key parties - employees, employers and govt - in the regulation of employment conditions and the establishment of workplace rights. 2) The strategies adopted by the parties and their agents to influence, regulate or control the employment relationship. 3) The formal and informal rules and processes that are established to regulate the employment relationship. 4) The cultural, social economic, political, legal and institutional contexts within which the powers and interests of the parties are established and exercised and within which the rules and processes that regulate employment relationships are formulated and implemented.

What are the three purposes of why a government enacts Employment Relations legislation?

1) To foster relationships which assist in the creation of a country's wealth. 2) To remove any major imbalances of power between the wealth creating parties. 3) To provide a means of equitable redistribution of the wealth created to the citizens of the country.

Name and briefly describe the three variants of conflict theory.

1) Unitary model - conflict is disfunctional, unnecessary and regretable. 2) Pluralist model - Conflict is an inevitable and potentially positive element in a democratic system, both at the organisation and state level. 3) Radical model - Conflict is a necessary means through which power prelationships can be changed, within organisations and the state.

Dismissals may be legal if what conditions are present?

1. Adequate notice is given. 2. There is sufficient cause. 3. The dismissal is carried out in a fair and reasonable manner.

What are employers and unions required to do under good faith bargaining?

1. Agree on a process. 2. Meet for the purpose of bargaining. 3. Consider and respond to proposals. 4. Accept reps or advocates. 5. Provide info.

What are the two implications of the Generic Manager?

1. All economic activities are broadly the same and management skills are not sector specific. 2. It encourages the replacement of specialist managers with generalists.

French and Raven referred to five bases of social power. What are they?

1. Coercive. 2. Reward. 3. Legitimate. 4. Referent. 5. Expert.

What are Walton and McKersie's four systems (or sub-processes) of behavioural theory of bargaining?

1. Distributive bargaining. 2. Integrative bargaining. 3. Attitudinal structuring. 4. Intraorganisational bargaining.

Give five reasons for the decline in private sector collective bargaining.

1. Employer resistance (including 'passing on' to 'free riders'). 2. 'Representation gap'. 3. Prevalence of small workplaces. 4. Inability to gain ground on multi-employer collective agreements. 5. Employee apathy.

What are the four steps in the process for integrative negotiations?

1. Identify the problem. 2. Understand the problem fully. 3. Invent options. 4. Evaluate and create a selection of alternatives.

What are Wheeler and McClenden's three primary reasons for union membership?

1. Instrumental. - workers see unions as a means to improving their employment situation. 2. Utilitarian - Having weighed the costs and benefits of union membership, workers join on rational economic grounds. 3. Ideological - Workers share the values and beliefs that underpin trade unionism.

What are the three categories of reasons for justified dismissal?

1. Misconduct. 2. Capacity. 3. Economic reasons.

What are three examples of avoidance behaviour?

1. Partial physical withdrawal - sickness, absenteeism, accidents. 2. Total physical withdrawal - exit. 3. Psychological withdrawal from involvement in work - poor performance, apathy, sabotage.

What are Bacharach and Lawlor's four paradoxes that underpin power relationships in any bargaining position?

1. Power is based on giving. 2. To use power is to lose it. 3. Power can have integrative effects on relationships. 4. Inferior power can provide a tactical advantage.

What are three positive changes from casualisation of jobs?

1. Public policy has focussed on countering negative consequences. 2. A tight labour market has improved opportunities and conditions in the secondary labour market. 3. There is a sharper distinction between high and low paying jobs, between voluntary and involuntary casualisation and between precarious and non-precarious employment.

What are the three rights that employees can assert within their employing organiations?

1. Right to information. 2. Right to consultation. 3. Right to share decision making.

What are the principles of interest-based bargaining?

1. Separate the people from the problem. 2 Focus on interests, not positions. 3. Invent options for mutual gain. 4. Insist on using objective criteria.

What are the four types of behaviour that can lead to summary (instant) dismissal?

1. Serious misconduct. 2. Willful disobedience. 3. Serious neglect of duty. 4. Gross incompetence.

Since the introduction of the ERA, the media has focussed on what two ER themes?

1. Skills shortages. 2 Low unemployment.

With the notion of strategic choice, what points did Kochan, McKersie and Cappelli make?

1. Strategic choices require that parties have a degree of discretion. 2. Strategic decisions alter management's role and/or relationships. 3. Many organisations are complex and there could be three levels of decision-making.

Luke believes power operates at three fundamental levels. What are they?

1. Substantive or primary level. 2. Repressed or secondary level. 3. Hidden or latent level.

What are the three situations in which a constructive dismissal may occur?

1. The employee is given a choice of resigning or being dismissed, and chooses to resign. 2. The employer carries out an act designed to coerce the employee into resigning. 3. Where the employer fundamentally breaches the employment contract (eg failing to act in a fair and reasonable manner or changing the nature of the employment contract) in such a way that the employee resigns.

What issues will courts consider when deciding what type of contract exists?

1. The employer's power of sanction. 2. The payment of wages and other remuneration. 3. The power to delegate work. 4. The employer's right to suspend or dismiss. 5. The intentions of the parties.

Why have work stoppages declined over the last two decades?

1. The employment law and labour market policies have made it difficult to strike. 2. There has been a decline in private sector collective bargaining. 3. Strike action is increasingly seen as an inefficient and outmoded strategy.

Personal grievance claims increased from 17 in 1992 to 3,787 in 1999. Give four reasons why.

1. The media publicised large payouts, even though this was not the norm. 2. Employee representatives used a outcome-based fee, so there was little financial risk for employees. 3. There was a focus on individual rights under the ECA, which encouraged employees to pursue their individual rights. 4. The length of the 'stand-down' period.

When are strikes and lockouts legal?

1. They are in support of a collective agreement, and 2. The employees concerned are not bound by a current collective agreement, and 3. The parties have already negotiated for at least 40 days. Exception: if there are reasonable grounds for believing the strike or lockout can be justified on the grounds of safety and health.

Define pay equity.

All workers receive the same pay for jobs that involve the same or very similar skills, knowledge, effort and responsibility. The jobs may differ in nature and may be in different organisations.

Define pay equality.

All workers receive the same pay for performing the same or substantially similar jobs.

What is a probation period?

An employee and an employer may agree to an initial probationary period. This must be recorded in writing in the employment agreement. During the probation period the employer must follow a fair disciplinary or dismissal procedure. The employee can raise a personal grievance on the grounds of unjustified dismissal.

How have employees mainly influenced work practices in NZ?

Attempts to counterbalance the managerial prerogative through collective bargaining.

What are the two extreme responses to conflict situations by individuals?

Avoidance (withdraw). Approach (attack).

Since 1894, NZ Governments have played a role in ER in what areas?

Regulation of wages and conditions of employment. Procedures for resolution on disputes. Administration of unions and employers associations. Direct intervention in strikes and disputes. Development of ER market policies. Passing legislation to protect minorities / vulnerable workers and entrench individual rights.

What are the functions of a delegate?

Representing the union to the members in the workplace. Representing the members in the workplace to the union. Representing the members in the workplace to management.

What is 'Strategic Choice' Theory.

The assumption that the decisions of firms facing the same environmental pressures may vary as they attempt to survive and grow.

What is 'constructive dismissal'?

The employee resigns but the resignation is arguably a dismissal.

What is the psychological contract?

The general expectation about workplace behaviour and the day to day relationship between manager and employee.

What is the 'Representation gap'?

The inability of an employee to join a union, either because a union does not exist or because there is no suitable union membership option at their workplace.

What is the Dual Labour Market Model?

The labour market is divided into two separate and interdependent worlds - the primary (well-trained employees in full-time secure employment) and the secondary markets (low-status, low-paid, insecure jobs)..

What is 'Managerial Prerogative'?

The notion that, in a capitalist society, the owners / managers of businesses have the right to determine how their businesses are run.

What is "Constructive Dismissal"?

The situation where an employee feels they have been forced by the employer to resign.

Why was there a considerable expansion of ER legislation when labour markets were deregulated in the 80s and 90s?

The state's role in wage determinations and collective terms of conditions reduced but individual human rights expanded - eg Personal Grievances, human rights, privacy, OSH. ER became an integral part of economic and social policy.

What is the 'stand-down' period?

The time that elapses between a person losing his/her job and being able to claim the unemployment benefit.

Name four major strikes in NZ.

Blackball Miners' strike 1908. Waihi miners' strike 1912. General strike 1913. Waterfront dispute 1951.

Which is the major organisation representing business in NZ?

Business New Zealand

What factors can be considered in deciding whether employment is precarious or non-precarious?

Can the job can be terminated with little or no notice? Are hours of work uncertain and can be changed by the employer? Are earnings uncertain or irregular? Can functions can be changed at will by the employer? Is there, in practice, no protection against discrimination and unacceptable working practices? Is the job low income? Is there little 'standard' non-wage employment benefits? Is there limited or no opportunity to gain and retain skills through education and training? Is the job unhealthy or dangerous?

For about 100 years, the legacy of the IC&A Act was what three factors?

Centralisation, state involvement, a legalistic adverserial approach to ER.

What does job enrichment entail?

Changes to the design of jobs to take into account human factors. Structure the work environment, the work itself and the work organisation.

What types of workplace flexibility exists in NZ?

Contractural flexibility. Pay flexibility. Job flexibility.

What are the tests to differentiate the types of contract?

Control. Organisation (or integration). Economic reality (Business). Mixed (Multiple).

What factors put employers off improving productivity in their workplaces?

Cost. Staff who are apathetic or resistent to change. Lack of time. Lack of help from agencies / legislation. Not having the right staff.

Explain these types of unemployment - Cyclical, frictional, structural, demand-deficient.

Cyclical - related to cyclical demand for particular products and services. Frictional - Voluntary unemployed because they are currently between jobs or searching for better jobs. Structural - Those who are unemployed because they don't have the skills necessary to take up available jobs or not prepared to move. Demand-deficient - Unemployment arising from lack of purchasing power in the economy.

What is the difference between employee participation and industrial democracy?

Employee participation is having a potential influence within an organisation but management is free to ignore them. Industrial democracy means employees have some control over various aspects of the organisation.

The rise in part-time employment has been linked to what?

Employers' search for flexibility.

Most employees are concerned about many areas of an organisation's operations. True / Fale?

False

What are the positive reasons for introducing OHS measures in workplaces?

Reduce the rate of injury and illness. Reduce the costs. Improve labour productivity. Recruit and retain skills workers in a tight labour market.

Why did the media take their focus off unions in the 1990s?

Reductions in overt conflicts and disputes.

Does collective bargaining regulate or replace individual bargaining?

Regulate.

The finding of the Sweating Commission and the development of trade union activity led to the Factories Act 1891. Briefly describe what this act regulated.

Regulated the conditions of work in factories, backed up by inspections.

There are no matters in legislation which must be included in collective employment agreements. True / False?

False. A collective agreement may contain such provisions as the parties to the agreement mutually agree on. However, a collective agreement must contain 1) A coverage clause. 2) A plain language explanation on the resolution of employment relationship problems, including a reference to the period of 90 days in section 114 of the Employment Relations Act within which a personal grievance must be raised. 3) A clause providing how the agreement can be varied. 4) The date on which the agreement expires or an event on the occurrence of which the agreement is to expire. The agreement must not contain anything: 1) Contrary to law. 2) inconsistent with Employment Relations Act.

When parties in bargaining for a collective agreement have reached a deadlock about a matter, they are no longer required to meet, consider and respond to each other's proposals on other matters. True / False?

False. Under the 2014 Amendment, the duty of Good Faith will still require parties to bargain in good faith with the intention of reaching an agreement. However, the parties will no longer be required to continue to bargain over issues when they have come to a standstill or have reached a deadlock about a matter. The parties can apply for a declaration from the Employment Relations Authority on whether collective bargaining has concluded.

What were the formal and informal attacks on Taylorism?

Formal - union activities, demands for higher pay to compensate for the derivations of work and demands for increased job control. Informal - Horseplay, thefts, sabotage.

What is horizontal segregation?

Gender segregation across occupations.

What is vertical segregation?

Gender segregation within an occupation. In situations characterised by vertical segregation, one gender is concentrated at lower levels of the occupations hierarchy in terms of status and pay.

Should businesses be charged with the provision of a 'public good' such as a highly skilled, adaptive work force?

Good question

Why does pay and employment equity improve the supply and the skill level of labour?

Having broader recruitment pools and employment practices unaffected by gender can upgrade workforce quality and productivity and help employers attract and retain the people their organisation needs. Inflexible work arrangements can mean that people cannot work the hours they prefer.

What is the impact of unions in highly-competitive industries, versus industries where there is little competition?

Highly-competitive - limited opportunity for unions to hijack profits by increasing wages. Little competition - profits are higher so unions can capture more of the profit through wage increases.

Summarise Herzberg's hygiene and motivator factors.

Hygience factors do not motivate but they demotivate. Motivator factors motivate.

Name some of Herzberg's hygiene and motivator factors.

Hygiene - Work conditions, supervisors, pay, policies, benefits. Motivators - Achievment, recognition, responsibility, the work itself, challenge / growth.

What did the Tavistock researchers find?

In many organiations, there is a technical and a social system that operate together. Technological factors apply limits but a number of choices will be available. The choices will recognise the interdependence of the technical and social systems. The organisation can choose between alternative socio-technical systems. The choices should not give precedence to technical efficiency or social efficiency but rather to jointly optimising both systems.

Why did the number of unions increase from 134 in 2000 to 174 in 2002?

In the aftermath of the ERA, only registered unions could bargain for a collective agreement so 'agents' had to register as unions. There was a surge of new, small unions. As well, there was dissatisfaction with many 'old' unions.

What is the primary remedy when an employee wins a Personal Grievance under the ERA?

In the original act, it was reinstatement. That was changed in an Amendment. Reinstatement is still a remedy (where practical and reasonable), but it is not primary remedy. Reinstatement is seldom awarded as, in the majority of cases, the damage to the employment relationship is irreparable.

The parties involved in regulating employment relationships may be influenced by events in five different levels. What are those levels?

Individual, workplace, organisation, industry, national, international.

What are ITOs?

Industry Training Organisations take responsibility for vocational training in specific industries. Introduced in the Industry Training Act 1992.

What is the problem with focussing on union activities and labour productivity?

It is too narrow. Labour productivity can be increased by increased capital investment, investment in training, safety programmes etc, improving work techniques, introducing performanxce pay, increasing attention on output quality.

What are different participative structures?

Joint consulatation. Quality circles. Task forces. Job enrichment. Autonomous work groups. Collective bargaining. Co-management or co-determination. Profit sharing. Productivity gain-sharing. Producer co-operatives.

Individual employees face three potential economic interest conflicts. What are they?

Labour inputs. The conversion process. Distribution of profits.

What is the Segmented Labour Market Model?

Labour markets are segmented into non-competing groups because there are many barriers to easy movement from job to job, region to region and occupation to occupation.

What is the 'Social Man' viewpoint?

Management should gratify the social needs of employees - reinforcing the commitment of the workers to his/her group, and trying to get groups to identify with and support the goals managers pursue.

What are the five main service that employer organisations provide?

Member services include legal advice, management and staff training, health and safety advice and audits, Human Resource management advice, negotiation support and advice.

What was the %, in 2006, of men and women working more than 50 hours a week?

Men 27%. Women 9%.

What is the over-arching union organisation in NZ?

NZ Council of Trade Unions - NZCTU.

What are the four sources of obligations and rights within the workplace?

Negotiating is a process where both parties aim to reach a settlement. Bargaining is akin to competitive haggling over price.

In the corporate world, do HR managers have the same authority as line managers?

No

Does technological change stimulate all sectors of the economy?

No, it causes redundancies in some and stimulates others.

Were unions an integral part of the process of establishing wages and conditions of employments under the ERA?

No, unions were peripheral, being representatives or agents. Voluntary unionism was introduced.

What are the four priciples of Taylor's Science Management?

There is a 'science' of work. Workers should be selected and trained according to scientific principles. The science of work and the practice of scientifically selected and trained workers should be bought together. The constant and intimate cooperation of management and workers is important.

What will happen to unions if they do not recruiit more members?

They will get smaller and become 'ghettoised' in particular industries and jobs.

Unions, whether of employees or employers, are the creations and expressions of convergent and divergent interests. True / False?

True

Good faith under the Employment Relations Act requires the parties to an employment relationship to be active and constructive in establishing and maintaining a productive employment relationship. True / False?

True.

The Employment Contracts Act forced employers and employees to become more aware of their contractural obligations and rights. True / False?

True.

The Employment Relations Act 2000 shifted the focus from employment contracts to a focus on employment relationships and good faith bargaining. True / false?

True.

The 1987 Labour Relations Act gave a major impetus to union amalgamation. True / False?

True.The Act ended compulsory arbitration but left intact compulsory unionism, blanket award coverage and the unions' exclusive right to represent workers. Unions needed to become more specialised and more efficient and amalgamation was the answer for many.

What are the three levels of most union representative?

Union secretary - CEO. Organiser - branch officer. Shop steward - job delegate.

What was the main benefit to unions of the IC&A Act? What was the main benefit to employers?

Unions - The power to negotiate wage settlements with employers. Employers - Provided a predicable and orderly framework for dealing with labour.

What does 'unitarist frame of reference' mean?

Unions are viewed as being unwanted 'third parties' whose irritating, trouble-seeking interventions spoil a productive employer-employee relationship.

What are the six possible grounds upon which an employee may lodge a Personal Grievance against his/her employer or former employer under the ERA?

Unjustifiable dismissal. Unjustifiable action. Discrimination. Sexual harassment. Racial harassment. Duress regarding union membership or non-membership.

What % of mediations did the mediation service spend on unjustified dismissals, and unjustified disadvantage, in 2003-2006?

Unjustified dismissal 65%. Unjustified disadvantage 30%.

What is the financial penalty for a company committing serious breaches of good faith?

Up to $10,000.

What was the unemployment rate when NZ enjoyed guaranteed access for its agricultural products to overseas markets prior to 1973?

Virtually nil.

How can an employer withdraw a condition of employment that has been present for years?

With the consent of the employees.

Does employment growth and economic growth fluctuate together?

Yes

Does the ERA aim for parties to resolve ER difficulties themselves?

Yes

Does the ERA require unions to be registered?

Yes

Is more flexibility an expected outcome of more employees being covered by individual agreements?

Yes

Can an employer legally suspend non-striking employees under the ERA?

Yes, if they have no work because of a strike.

Has the rise in statutory individual employment entitlements had an effect on collective bargaining?

Yes, it has undermined collective bargaining.

Has the attitude of employers towards the importance of ideology changed since the 1970s?

Yes. In those days, there was a suspicion of ideas, theories, ideology and a preference for the pragmatic.

Can 'casual' employers have permanent relationships with a particular employer?

Yes. It could be only their hours that fluctuate.

The motivation to work is a complex mix of ___ ___ and the desire to meet ___ or ____ expectations

economic necessity. Social or cultural

The Employment Contracts Act 1991 aimed to promote ___ in the labour market, and to ensure the ___ ___ ___ ___ of individual workers and employers to choose their own ___, to decide on the ___ structure which best suited them, and to determine the scope of their ____ themselves.

efficiency. protection of the rights. representatives. bargaining. agreements.

Under the ERA, an employee is bound by a Contract __ Service?

of

Employees work under contracts __ service and contractors work under contracts ___ services.

of. for

The Health and Safety in Employment Act 2002 requires employers to ensure employees have a ___ ___ to participate in work-related H&S matters.

reasonable opportunity

What are disputes of interests?

Disputes arising in the process of negotiating an award or agreement.

Name the three actors in the Employment Relations field in NZ.

Govt, employers, employees.

What is the primary function of ACC?

Injury Prevention

In 2006, what % of men, and women, worked less than 20 hours a week?

Men 7%. Women 21%.

What government dept operates the Mediation Service?

Ministry of Business, Innovation and Employment (MBIE)

Does the ERA retain voluntary unionism?

Yes

Most employers have a unitarist frame of reference. Is this true?

Yes

In what year was the NZ Labour Party formed?

1916

What are disputes of rights?

Disputes concerning the interpretation or application of an award or agreement.

In 2007, what % of employees and employers had representation at ERA hearings?

Employees 97%. Employers 88%.

What countries have a 24-hour, no-fault accident compensation scheme?

New Zealand only.

Is paid ER education leave available to non-union members under the ERA?

No

Is there any statutory right to compensation for redundancy under the ERA?

No

Is there competition in the NZ compensation market?

No.

What are the three major frames of reference in studies of ER? Briefly describe each.

1) Systems theory - the interdependencies and interactions between organisations and their environments. 2) Conflict theory - a) the setting up of institutions and procedures to regulate conflict and b) the resolution of conflict by the formulation of rules agreed and adhered to, by the various parties. 3) Social action theory - ascribes an active role to ER actors.

What two reasons are there for the existance of the 'Representation gap'?

1. The prevalence of small and medium-sized workplaces. 2. The inability of unions to establish new multi-employer collective agreements in the private sector.

333,900 days of work were lost in 1990 because of strikes and lockouts. What was the figure in 1999?

16,674

Give details of a trial period?

An employer may employ an employee on a trial period of up to 90 calendar days. The employee must not have been employed by the employer previously. There must be mutual agreement. Trial periods must be in writing. The employment agreement must state that during the trial period the employer may dismiss the employee and the employee will not be able to take a personal grievance on the ground of unjustified dismissal. The employee may still pursue a personal grievance on other grounds, such as sexual or racial harassment, or unjustifiably disadvantage. Mediation services are available to both parties.

What is the role of the Employment Relations Authority?

An investigative body that has the role of resolving employment relationship problems by establishing the facts and making a determination according to the substantial merits of the case, without regard to technicalities.

Why was the Factories Act 1894 important?

Because it provided OHS protection for most NZ workers and a legal framework for almost 100 years.

Why is there thought to be a large degree of under-reporting of discrimination and sexual harassment in the workplace?

Because of fear of the employer's response.

Why do employers settle out of court?

Because of the cost of proceedings under the ERA - about $5,000 if they win and $20,000 if they lose (plus time and other costs).

Why are productivity levels a core ER issue?

Because productivity levels are disappointing.

Why are unions against 'passing on'?

Because they can't then provide additional benefits.

Why won't many small unions evolve?

Because they have limited goals and resources and little affinity with the wider union movement.

What are major ER concerns for businesses?

Compliance costs, workplace flexibility, personal grievances.

One word describes what changes the 1984 Labour govt made to the economy. What is that word?

Deregulation.

Define discrimination.

Discrimination occurs where, under the same circumstances, someone is treated less favourably than someone else.

On what grounds may an employee be summarily dismissed under the ERA?

Disobedience, theft, habitual or wilful incompetence or negligence, insubordination (often said to be serious enough to destroy trust and relationship).

What is the liberal view of EEO?

EEO policy implementation requires fair procedures and their universal application.

What was the ER legislation that was introduced in NZ in 1991?

Employment Contracts Act

What was the name of the Act which had the overall objective of building productive employment relationships through the promotion of mutual trust and confidence in all aspects of the employment relationship.

Employment Relations Act

What was the Industrial Concilliation and Arbitration Act 1894 designed to do?

Encourage the formation of industrial unions and associations to facilitate the settlement of industrial disputes by concilliation and arbitration.

What is the radical view of EEO?

Equal opportunity can't exist until the representation of various groups in the labour force reflects their presence in society as a whole.

Free market philosophies underpinned few of the economic and industry reforms of the 1984 Labour govt. True / False?

False - 'few' is 'many'

What was the name and the year of the last major occupational health and safety legislation?

Health and Safety in Employment Act 1992 . NOTE: The Health and Safety at Work Act comes int+A2:B10o force in 2015. Tt will replace the Health and Safety in Employment Act 1992 and the Machinery Act 1950. The Health and Safety at Work Act will make every workplace responsible for the health and safety of all workers. A Person Conducting a Business or Undertaking - PCBU - will have the primary duty of care under the new law. PCBUs are in the best position to control risks to work health and safety as they are carrying out the business or undertaking. A PCBU will usually be a business entity, such as a company. A person might be a PCBU if a sole trader or self-employed. Those engaged solely as workers or officers of a company are not PCBUs.

Sexual harassment and racial discrimination are covered by what two acts?

Human Rights Act. Employment Relations Act.

How many days of training are required by statute for H&S reps?

It depends on the number of union members - a minimum of 2 days.

The IC&A Act was amended in 1936 to do what?

Make union membership compulsory.

Does a ratification process have to be in place before bargaining commences?

Yes

There are differences between the private and public sectors that affect unionism. Give three differences from the public sector point of view.

1. They are often very large, employing large, relatively homogenous employee groups (doctors, nurses, teachers). 2. There is often a much clearer industry focus and the govt supports collective bargaining, workplace partnerships and improved employment conditions. 3. Union density is higher than in the private sector and there have been high profile disputes, most to overcome years of under-investment and associated pay and employment conditions.

The availability of labour is a key constaint, especially for what two types of industries?

1. Those that rely on educated, highly skills staff. 2. Those with a reputation for being low paying with limited career options.

What are the employee's obligations to the employer?

1. To be present at work. 2. To obey all 'lawful and reasonable' orders. 3. To exercise reasonable skill and care. 4. To work honestly and faithfully.

What are the employer's responsibilities to the employee?

1. To pay the agreed wages. 2. To provide work (in certain circumstances). 3. To provide a safe system of work. 4. To compensate employees for expenses incurred in the job. 5. To be trustworthy and cooperative.

Under what circumstances is employer bargaining considered to be 'Unfair'?

1. Under one of these four conditions: The employee is unable to understand the agreement or its implications because of age, sickness, disability or emotional distress. During bargaining, the employee 'reasonably' relied on the skill, care or advice of the employer, which was lacking. The employee was induced to enter into the agreement 'by oppressive means, undue influence or duress'. The employee was new and did not have the information or the opportunity to seek advice. 2. The employer knew or should have known of one or more of those circumstances yet still went ahead to conclude the agreement.

What are three key factors that affect pay and employment equity?

1. Women are mainly in a narrow band of occupations and job levels. 2. In valuing jobs, some skills are overlooked and some have low-value placed on them. 3. The relationship between the structure of paid work and the job choices and progressions of women, especially relating to family responsibilities.

What were these priorities of the Prime Ministerial Task Force on Employment 1994-95? 1. _____ _____ would be a key driver of employment growth. 2. A strong focus on _____ and ____ ____ would be necessary to establish a flexible, adaptive work force.

1.Economic growth 2. education and skill development

When must a formal system of employee participation be established in workplaces?

1.When there are 30 or more employees. 2.When there are fewer than 30 employees, if they request it.

In September 1986, NZ's unemployment rate was 3.8%. What was it in March 1992?

11.1%.

Union density fell from 44% in Dec 1985 to what in Dec 1999?

17%

When did unions become lawful in the UK?

1824

The Industrial Concilliation & Arbitration Act 1894 used the words 'master' and 'servant'. In what year were those words replaced?

1991, when the ECA substituted the term 'employee' for 'worker'.

What is the approx mix of workers in NZ employed in service versus manufacturing sectors?

2/3rds service, 1/3 manufacturing.

In May 1991, individual agreements comprised 28% of all contracts. What was the figure in 1992?

52%

Between 1990 and 1997, collective bargaining density fell from 97% in the public sector and 48% in the private sector to what figures?

61%. 9%

How can conditions of employment be formalised?

A letter of appointment, for example.

What is a 'Generic Manager'?

A manager who can manage different types of organisations.

What is indirect discrimination?

A situation where rules and standards are applied equally to all, but the requirements or conditions demanded are such that a substantial number of one sex or ethnic group has little or no chance of qualifying.

What is job evaluation?

A systematic analytic process to establish the 'size' of a job relative to others. Job size reflects measuring the level of job factors particular jobs require. Typical factors in assessing job size include skills and knowledge, responsibility, demands and effort and working conditions.

What is employment equity?

About fairness at work. It means identifying and removing barriers that prevent women from having equal opportunity to participate fully in employment.

Is the law on employment contracts similar or different from that applying to other contracts?

Different.

Is the labour movement in NZ frequently divided or aligned on both ideological and pragmatic grounds?

Divided

Is unionism in NZ primarily economic or political?

Economic.

Is it easy for unions to bring actions against employers for 'passing on' union-negotiated improvements?

No. The ERA prohibits employers passing on the terms and conditions of a collective agreement to employees who have individual agreements. However, there is a high threshold for the Employment Court to rule that an employer has passed on term and conditions because: a) The terms and conditions passed on must be the same as in the collective agreement. b) There must be proof that the employer intended to undermine the collective agreement. c) The law prohibits undermining the collective agreement, not the union or any future bargaining.

Are strikes caused only by an immediate issue?

No. There may also be overt issues that are underlying, such as bad social conditions, fatigue, frustration at work, and workers' inferior status.

What was the main benefit, and the main disadvantage, to employers of the ECA?

Pro: Strengthening of the management prerogative. Con: Extension of personal grievance rights.

What are push/pull factors in employment?

Push - related to the search for more interesting work, more training and development, appreciative managers and sometimes more money. Pull - a strong labour market and skills shortages.

The Human Rights Act prevents unfair treatment on the basis of 13 personal characteristics. What are they?

Sex/gender. Marital status. Religious beliefs. Ethical beliefs. Colour. Race. Ethnic or national origins. Disability. Age. Political opinion. Employment status. Family status. Sexual orientation.

What is likely to influence the success of EEO interventions?

Shifts in political power and social norms.

The 1984 Labour govt introduced three major pieces of legislation. What were they?

State-Owned Enterprises Act 1986. Labour Relations Act 1987. State Sector Act 1988.

What strategies have NZ unions adopted to increase membership?

Structural changes. Increased customer orientation. Union-employer cooperation. Seeking new organisational and political alliances. Transnational multi-union cooperation. Increasing involvement in national and international forums. General or specific issue media campaigns.

What are substantive and procedural rules?

Substantive - Rules that set out the conditions under which people are to be employed. Procedural - Rules that govern how substantive rules are to be made and interpreted.

What is the labour process theory?

Technological change arises from the desire of employers and managers to increase their control over the labour process by de-skilling work and reducing the power of organised labour.

What are 'Implied' terms with a contract?

Those aspects which are not explicit but which are nevertheless included in the contract. Implied terms include: • The employer's duty to provide a secure, safe and healthy environment. • The employee's duty of honesty and loyal service. • An implied duty of mutual trust and confidence between employer and employee • A term too obvious to need stating, eg that an employee will not steal from an employer and that he employer will pay the employee reasonable wages for the work they have been employed to do. • Any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence.

In no more than 20 words, describe the concept of 'Good Faith' in ER.

To build productive employment relationships. Employers, employees and unions must deal with each other openly, honestly and constructively.

Employers predominantly have a negative approach to working with a third party. True / false?

True

Most contemporary unions, in striving to fulfil their members' expectations, take a pragmatic approach to management. True / False?

True

Trade unions have to find the appropriate balance between working collaboratively with employers (or the state) and working in opposition to employers (or the state). True / False?

True