The Employment Relationship

The ILO has identified eight core labor standards:

-"Freedom of Association and Protection of the Right to Organize," prohibiting interference from public authorities and the requirement of authorization by employers -"Right to Organize and Collective Bargaining," protecting workers from retaliation and obligating employers to negotiate with unions -"Forced Labor," prohibiting forced and compulsory labor, except for military service, prison, and emergencies (e.g., war, natural disaster) -"Abolition of Forced Labor," prohibiting forced labor as a means of political coercion or punishment, retaliation for strikes, workforce mobilization, labor discipline, and discrimination -"Minimum Age," prohibiting the hiring of children too young to have completed compulsory schooling and limiting employment in hazardous work to those 18 and over -"Worst Forms of Child Labor," prohibiting any work likely to be harmful to the health, safety, and morals of children -"Equal Remuneration," requiring equal pay and benefits for men and women -"Discrimination," prohibiting discrimination in hiring, training, and working conditions and requiring employers to promote equality of opportunity and treatment

What is a broad statement that reflects an organization's philosophy, objectives, or standards?

A policy is a broad statement that reflects an organization's philosophy, objectives, or standards concerning a particular set of management or employment activities.

The HR director and the management team of a small resort hotel have been working to solidify a union avoidance strategy. As this is occurring, they discover that a union's representatives are talking with the employees about organizing. Which action should the HR director recommend the resort take in response to the union activity?

Be honest with the employees. Being dishonest will play into the union's potential future organizing campaign. Employers are usually allowed to explain their reasons for wishing to remain union-free; making promises or threats may constitute unfair labor practices. A joint presentation with the union is risky, as well as unnecessary. A lagging compensation position would benefit the union and should be corrected if the employer wishes to avoid unionization.

Non-compete agreement (NCA)

Common form of post-employment agreement that prevents employee from leaving to work for one of employer's competitors.

Non-Disclosure Agreement (NDA)

Common form of post-employment agreement, especially in knowledge industries, in which employee agrees not to discuss knowledge gained during employment. This can include knowledge related to patented products, business models and strategies, customer information, or privileged information such as test results or pending litigation. The agreement usually specifies a period of time during which the employee is barred from disclosure. It generally does not restrict use of information that is considered commonly known.

Which action can be taken by HR to help prevent industrial actions?

Communicating the perspective of employees to management HR can help managers and supervisors understand how employees might view the employer's behavior. HR can also educate management about what honoring the contract requires and how to avoid behavior that may be perceived as bullying.

Which policy ideally gives employees an opportunity to understand expectations and change their behaviors?

Constructive discipline gives employees an opportunity to understand expectations and change behavior. This demonstrates organizational support of performance improvement.

An employee has a small online business selling a sauce made from the employer's copyrighted recipe. The company handbook forbids any employee from disclosing the employer's proprietary information. What can the employer do?

Demand the employee cease the activity and terminate employment. The employer has the right to demand that the employee cease the activity because it violates the employer's intellectual property rights. Because this is stated in the handbook, the employee could be subject to termination.

An employer with a unionized workplace wants to offer employees gift cards for reporting on a recent union meeting. How should HR advise the employer?

Don't. This would be an unfair labor practice. According to the National Labor Relations Act, promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union) is an unfair labor practice. The nature of the reward is irrelevant. The act of spying itself could be seen as intimidation and therefore a ULP. The union is not obliged to share this type of information with employers.

Employment-at-will (EAW)

Employers have the right at any time, with or without prior notice, to hire, fire, demote, or promote whomever they choose for no reason or any reason. Similarly, employees have the right to quit a job at any time for any reason, with or without prior notice.

Which best demonstrates due process in disciplining an employee for a dischargeable offense?

Ensuring that the employee is afforded an opportunity to present a defense Due process is a principle that ensures that employees are informed of expectations and the consequences of failure to meet those expectations, are treated fairly and factually, and are allowed an opportunity to defend themselves and appeal the decision.

According to international labor standards, which offering is most fundamental to the employment relationship?

Fair wages, labor rights, a living wage, and a standard workday are all fundamental in international labor law standards. Telework, flextime, and a one-hour lunch break are all incentives and optional based on an organization's practices.

ILO

International Labor Organization The ILO is a specialized agency of the United Nations headquartered in Geneva. It evolved from the Commission on International Labor Legislation, which was formed in 1919 as a result of the Treaty of Versailles following World War I. The ILO membership includes governments (currently 187 member states), employers, and worker groups.

Which generally describes governments' involvement in unions?

It varies from country to country. Involvement on the part of national governments varies. Some governments are active in legislating minimum wages, hours, and working conditions. Others help mediate labor disputes, while others take a hands-off approach. The International Labour Organization does not prevent government involvement in unions. There is no evidence that government involvement in unions reduces or increases conflict.

Which is a core labor standard of the International Labour Organization?

One of the eight core International Labour Organization standards prohibits hiring children too young to have completed compulsory schooling and employing those under 18 in hazardous work.

In what form of alternative dispute resolution (ADR) is an employee encouraged to speak to management regarding suggestions, concerns, or complaints?

Open door Best-practice organizations encourage open-door/person-to-person meetings. If the meeting involves complaints or grievances, the issues are carefully documented. For these meetings to be effective, there has to be top management commitment. Neither formal steps nor equal opportunity describe a specific ADR process. Ideas from a suggestion box do not necessarily lead to discussions with management.

What are the four strategic objectives of the ILO?

Promote rights at work. Encourage decent employment opportunities. Enhance social protection. Strengthen dialogue on work-related issues.

Which action is an ombudsperson empowered to take after hearing both sides of a workplace dispute?

Referring the matter to further alternative dispute resolution (ADR) An ombudsperson is a neutral party with limited powers; he or she cannot negotiate for one party. The ombudsperson can investigate the dispute, establish facts, and refer the matter, along with the evidence, to management or to other forms of ADR. The ombudsperson cannot impose a decision or refer the matter for outside litigation.

Intellectual property (IP)

The ownership of innovation by an individual or business enterprise. In an enterprise, IP is the product of employee creativity and enterprise resources. It can represent a considerable part of the value of a commercial enterprise, particularly in technology and communication companies. IP includes patented, trademarked, or copyrighted property, such as inventions and processes, graphical images and logos, names, indications of geographic origin, architectural designs, and literary and artistic works. IP also includes trade secrets and proprietary or confidential information that are not specifically protected under patent, trademark, and copyright law. This type of IP could include statements of strategy, secret recipes, lists of customers or prices, employee work product, and financial information.

Which would constitute an unfair labor practice (ULP)?

The union fines a member for criticizing union actions. ULPs can be committed by employers and unions. In this question, the union commits a ULP by coercing a member and interfering with the member's freedom of speech. It is not a ULP for the union to distribute to employees items such as hats or buttons, and, in most cases, employees can wear them to work. An employer is not required to give union members preferential treatment, although it is obliged to honor the terms of a collective bargaining agreement. Employers also have the right to discourage unionization as long as they do not threaten, interrogate, punish, or spy on employees.

How can HR help prevent its organization from committing an unfair labor practice?

Training management on allowed speech may help to prevent a manager or supervisor from interfering with legal union activity.

Under the system of codetermination, whose approval is required by management prior to implementing strategic plans?

Under codetermination, a firm's supervisory board must approve management decisions before they can be implemented. The supervisory board includes workers, who can comprise as many as half of the supervisory board members.

What is an unfair labor practice?

Violation of a labor law by an employer or a union An unfair labor practice is a violation of a country's labor laws. These laws may be rooted in international treaties on worker rights, but they are country-specific. They can pertain to both employers and employees. They are based in legal statutes, not cultural practices, although cultural practices often influence local laws.

What type of strike occurs without the knowledge or approval of union leadership?

Wildcat strikes are work stoppages that are neither sanctioned nor stimulated by the union, although union officials may be aware of them. These strikes may also take the form of excessive absences, especially when there are no-strike clauses in contracts.

Which is the primary reason why work councils are prohibited in the United States?

Works councils are a violation of Section 8(a)(2) of the National Labor Relations Act, which prohibits company-dominated unions.

What is the name of the formal structure composed of management and non-management employees who are responsible for consultation and effective flow of information?

Works councils are composed of workers and management representatives. Their purpose is to promote communication between management and employees on issues that affect workers' interests.

Who are the members of a works council?

Works councils are composed of workers and management representatives. Their purpose is to promote communication between management and employees on issues that affect workers' interests.