Hess&Hunt and Inman: Domain III-Topic B

what disciplinary action must be taken if there is proof of dishonesty, stealing, drug abuse or being drunk or disorderly conduct on the job

suspended or terminated

True or False: contingent workers may get health benefits, paid vacation days and sick leave depending on where they work

False

True or False: it is legal to fire an employee who refuses to join a union even if contract has a union shop clause

False: it is illegal

name that labor act: -covers all private employees, state employees, and federal employees who work for an employer with 50 or more employees within 75 miles of a give workplace -max of 12 weeks per 12 month period -employee must have worked minimum of 12 months and 1250 hours within the past year -health insurance continues as the same level -the leave may be unpaid or accrued paid leave for: birth of child, placement of child for adoption or foster care, caring for spouse, child, parent with serious health condition

Family Medical Leave Act(FMLA)

This commission agency was created by the Title VII of Civil Rights Act to investigate complaints; responsible for enforcing laws prohibiting employment discrimination; allows up to $300, 000 punitive and compensatory damages

Equal Employment Opportunity Commission(EEOC)

this type of workload is directly related to production, such as # of admissions, examinations and lab tests

variable workload

name that labor act: this act amended the Fair Labor Standard Act and requires equal pay for women doing the same work as men. This act is enforced by the Equal Employment Opportunity Commission(EEOC)

Equal Pay Amendment of 1963

_________ involves a neutral mediator agreed upon by both parties who takes part in negotiations. Parties are not obligated to accept recommendations made by the mediator. Often parties reach an impasse and their dispute remains unsettled

Mediation

RDs can be reimbursed for nutrition care services for DM and non-dialysis renal disease through what part of Medicare

Medicare Part B(the optional part that must be paid for separately)

what legal action of management r/t unions: these occur when supervisory, technical, or clerical personnel run equipment or perform functions when the regular personnel walk off the job

Management-Run Operations

what legal action of management r/t unions: this is when persons are employed to influence state and federal legislators to sponsor or vote for or against laws that further particular interests

hiring Lobbyists

a ________ __________ is a legally sanctioned, formally organized association of workers united to represent their collective views on wages, hours, and working conditions

labor union

what legal action of management r/t unions: management locks the doors, thus preventing union employees from entering; rarely used bc it generates negative publicity toward management in the community

lockout

what acts allows a rejected applicant access to the background information that was part of the recruitment rpocess

Equal Employment Opportunity Act and Fair Credit Reporting Act

name that act: supports individuals with limited income and assets and who are 65 years or older, blind or disable

Supplementary Security Income Act of 1972

this act allows employees to transfer coverage of existing illness to a new employer's insurance plan

Health Insurance Portability and Accounting Act(HIPAA)

name that labor act: is a second amendment to the Wagner Act. It protects union members from misconduct by the union, for example, misuse of pension funds

Labor-Management Reporting and Disclosure Act of 1959

what are the steps of the interview process from a hiring standpoint?

1) pre-interview: review job description, secure quiet setting, review applications, provide position description to applicant and schedule interview 2) opening the interview: review roles and responsibilities of position; allow applicant to pose questions to clarify the position 3) question the applicant 4) close the interview: inform applicant how notification will occur, obtain references and answer questions from applicant 5) post interview: review selection criteria, rank applicants, check references on top choices; notify all applicants interviewed prior to announcing selection

what are the steps of disciplinary action

1: verbal warning 2: written warning and placed in employee's file 3. suspension 4: termination

what is the retirement age amended in 2009 and expected for 2027 to receive full benefits

2009: 66 2027: 67

before a change in policy can be made it requires that _____% of the union voting plus 1 are in favor of the change

50%

name that labor act: prohibits discriminatory employment practices, based on age, for persons between ages of 40 and 69. It was amended in 1978 to extend coverage to age 70 and again in 1986 to prohibit employers from requiring retirement at any age

Age Discrimination in Employment Act of 1967

name that labor act: -applies to govt at all levels and any agency with over 15 employees -people with disabilities are entitled to full and equal goods, services, facilities, privileges, and accommodations; public transit vehicles must be adapted -new public facilities for first occupancy after January 26, 1993 must be handicapped accessible

Americans with Disabilities Act

name that labor act: protecting people with disabilities from discrimination and promoting equal access to opportunities in the workplace -defines an individual with a disability as a person with a physical or mental impairment that substantially limits one or more major life activities and the person must have record of impairment -examples: mental retardation, mental illness, visual impairment, paralysis, recovered alcoholic or drug addict

Americans with Disabilities Act(ADA)-enacted by Congress in 1990

what aspect of performance review in jobs: define specific behaviors at different points on the scale; this helps raters define where an individual fits on the scale

Behaviorally Anchored Rating Scales(BARS)

name that labor act: states "No person in the US shall, on the basis of race, color, or national origin, be excluded from participating in, be denied the benefits of, or be subjected to, any program or activity receiving federal financial assistance"

Civil Rights Act of 1964

negotiation between reps of management and employees about conditions of employment, wages and hours, leading to an agreement (contract) between employees and management -occurs in departments, company-wide, industry-wide and coalitions

Collective Bargaining

what bargaining strategy: prevalent among smaller, inexperienced management teams who fear unions and agree to the demands of a dominating union or to small unionized groups who fear plant closings

Defeatist Attitude

what is this term: one person represents a group of people to bargain with the employer

collective bargaining

name that labor act: this act helped reduce poverty, create purchasing power and establish a Federal minimum wage. Max hours, equal pay, overtime pay, record keeping, employee meals and meals credit, tip regulations, etc. ; this act is enforced by the US Dept of Labor

Fair Labor Standards Act of 1938

this act gives individuals the right to review their records in any private business that contracts with a federal agency

Privacy Act of 1974

what act requires employers to complete an I-9 form verifying worker's identity and eligibility to work in the US

Immigration Reform and Control Act

name that labor act: -requires employers to hire only persons who may legally work in the US. -discourages illegal immigration -no individual be discriminated against because of national origin or citizenship -a form issued by the US Dept of Justice, Immigration, and Naturalization and must present proof of identity

Immigration Reform and Control Act of 1986

what legal action of management r/t unions: court order prohibiting either party from performing an unjust, inequitable or injurious act Example: this may occur to keep a facility open because it provides power or needed services to a community

Injunction

name that labor act: replaced the Comprehensive Employment and Training Act(CETA); provides funds to state and federal to train and find employment for those who are hard to employ Example: some WIC programs hire outreach workers under this act

Job Training Partnership Act of 1983

name that labor act: prolabor in its intent because workers had been exploited in the past. It established the right of workers to organize and join labor unions, to choose representation, to bargain collectively, and in most cases to strike. It prohibits management from interfering with employees joining a union and from discriminating against those who do

National Labor Relations Act aka Wagner Act

name that labor act: sets standards to ensure every working man and woman in the nation safe and healthful working conditions; enforced by OSHA(w/in dept of labor); occupational illnesses and injuries must be reported if you have 11 or more employees

Occupational Safety and Health Act of 1970

this type of insurance gives old age benefits after retirement in monthly payments for the rest of the beneficiary's life -benefits are provided to survivors and disabled children whose disability occurred before the age of 18. employers and employees share equally in cost of programs

Old Age, Survivors, and Disability Insurance

name that act: encompass a variety of programs that include old age, survivors, disability, health insurance, unemployment compensation, public assistance, health and welfare

Social Security Act of 1935

this law outlawed the closed shop

Taft Hartley Labor Act/Labor Management Relations Act of 1947

name that labor act: pro-management act that amended the Wagner Act; outlaws closed shops and permits union shops -prohibit union unfair labor practices -state the rights of employees as union members -stating rights of employers -allow the president to temporarily stop national strikes for up to 80 days

Taft-Hartley Act of 1947 aka Labor Management Relations Act

name that labor act: forbids employers, employment agencies and labor unions from using race, sex, color, religion or national origin as a basis for making employment decisions, except where possession of a particular characteristic is a bona fide occupational qualification -amended in 1978 to broaden the definition of sexual discrimination to include pregnancy, childbirth or related medical conditions

Title VII of the Civil Rights Act but amended as the 1972 Equal Employment Opportunity Act

sexual harassment is included in what labor act

Title VII of the Civil Rights Act of 1964

True or False: it is an employee's right to be able to join a union whether or not it is recognized by management

True

True or False: rejected applicants are allowed access to the background information that was part of the recruitment process of hiring

True

this labor act: -reforms federal job training programs -creates a new workforce investment system -is customer focused; provides access to training resources

Worker Investment Act of 1998

this is a state-regulated program that originated in 1908 to cover medical costs for injuries incurred on the job. This must be secured by insurance obtained and paid for by the employer or the individual who operates as an independent contractor, if required by those with whom they do business

Worker's Compensation

what bargaining strategy: considered to be realistic, quiet and passive

acceptance attitude

what shop r/t unions: any bargaining unit employee who is not a union member must pay a service fee to the union for its representation on the assumption that union efforts benefit all employees

agency shop

____________ is the most definitive type of 3rd party intervention; the appointed arbitrator usually has power to determine and dictate the settlement terms, guaranteeing a solution to an impasse

arbitration

what is the final step in bargaining if mediation fails

arbitration

what process of collective bargaining: hearing to dissolve a dispute during an impasse; decision is typically binding

arbitration

this type of review is a regularly scheduled evaluation of pre-determined goals, objectives, and performance of tasks. Usually annual reviews are tied to salary increases, promotions, bonuses or benefits.

annual review aka performance review

what type of arbitration is where both parties are required to accept the arbitrator's decision

binding arbitration

what illegal action of management r/t unions: list of pro-union workers is circulated and employment opportunities are denied to them

blacklist

what are two illegal actions of management in relation to unions

blacklist yellow-dog contract

name that labor strategy: refusal to do business with a given party or buy services until demands are met; labor may also place ads in newspapers asking potential patrons to boycott a business that is unfair to labor

boycott

the rate of pay given to employees for performance of work or provision of services; may also include benefits received, such as health and vacation

compensation

what type of job benefit: benefits or pay for time not worked

compensatory

this type of workload includes activities that are not directly associated with departmental output or that must be performed regardless of volume, such as maintaining the facilities

constant workload

what is the goal of disciplinary action

correct behavior and salvage the employee

these forms form a basis for employee merit ratings, salary adjustments and documentation for termination or disciplinary action

employment records

what type of employee: these employees are not subject to minimum wage requirements and are not paid for overtime example: anyone employed in an executive, administrative or professional capacity

exempt employees

True or False: when you leave on FMLA and return to work you are guaranteed your same job

false: you are guaranteed an equal job but NOT necessarily the same job

what aspect of performance review in jobs: this is a single rating of overall job performance. it provides little info that will help an employee identify specific areas for improvement or set personal goals that will motivate better performance unless the global rating is a composite score of several factors; may be the basis for a salary adjustment

global rating

what bargaining strategy: cornerstone of effective labor-management relations. Both parties communicate and negotiate. Proposals are met with counter-proposals and both parties make reasonable efforts to reach agreement

good-faith attitude

a_____________ is a circumstance regarded as a justifiable cause for protest on the part of an employee. They are usually settled on an informal basis

grievance

what bargaining strategy: involves trading one demand for another based on strength example: increased health benefits may be offered in exchange for limits on accrued vacation time

horse-trading attitude

this is one of the major causes of high turnover, theft and white collar crime

inadequate reference checking

for income tax purposes this person is defined as one who is subject to another's control or direction merely for the result to be accomplished and not the means and methods for accomplishing the result

independent contractor

name this design of job: -reflects required skills and responsibilities -matches applicants to job -orientation and training -employee appraisal

job description

what design of the job: upgrades job by adding motivating factors; increases number of tasks and control the employee has over the job

job enrichment

this occurs when two or more people work in tandem to perform a full-time job; workload may be divided in any # of ways

job sharing

name this design on job: -duties involved, conditions, qualifications -written for each job -used in selection and placement of employees -does NOT have detailed info as to what to do or time involved

job specification

what group must be present at bargaining sessions

management

these standards define the quantitative content of work tasks, establish the standard time it takes to perform such tasks and determine the # of employees required to accomplish the work to be done

measured standards

if bargaining between union and management fails what is the first step

mediation

what process of collective bargaining: neutral person helps settle differences; decision is not binding

mediation

what bargaining strategy: based on conflict; this is called the "blue sky" approach because the initial demands by both parties are excessive

militant attitude

what type of arbitration is where both parties are NOT required to accept the arbitrator's decision

non-binding arbitration

what type of employee: must be paid minimum wage and are paid for hours worked including overtime

non-exempt employees

this file includes a description of an employee's job as it relates to the mission and purpose of the company

personnel file

name that labor strategy: employees publicly air complaints against the employer by staging a demonstration outside the building typically with signs

picket

what legal action of management r/t unions: management sells the facility and moves rather than surrender to demands of labor; the threat of closing and subsequent loss often leads to compromises

plant closing

what type of employee: newly hired into a position; for a set period of time(60-90 days), the worker is learning a job and getting acquainted with the work environment. During the probation period, the employer can terminate the worker without cause if it appears the worker can't learn the tasks required or demonstrates behavior that is problematic.

probationary employee

what aspect of performance review in jobs: examines each trait or characteristic of a job and rates it on a scale, based on performance standards defined by the rater; some forms leave room for remarks to help explain the rating

rating scale method

____________ is annual, monthly or weekly income to employees holding positions with regular schedules; subject to federal and state income tax and Social security tax withholding

salary

what aspect of performance review in jobs: shifts the emphasis from manager appraisal to self-analysis by the employee and from focus on past performance to focus on future performance; MBO uses this for evaluation

self-assessment

amount paid to employee upon discharge

severance pay

these are example of what that is prohibited by state and federal law: -verbal or physical abuse of a sexual nature, including graphic comments about person's body, sexually degrading words and display of sexually explicit objects or pictures -overt or subtle pressures or requests for sexual favors -threat that implies that an employee's work status or career advancement is contingent upon sexual tolerance

sexual harassment

these patterns are established by management to determine the appropriate number of employees presently employed and the number needed for future employment

staffing patterns

what type of job benefit: payment required by law to ensure income in event of unemployment, injury or death

statutory

name that labor strategy: temporary work stoppage to protest working conditions

strike

what legal action of management r/t unions: non-union members who perform jobs until striking workers come to terms with management. called "scabs" by union members

strikebreakers

what type of interview: -advantages: interviewer optimizes their ability to compare candidates and maximizes the amount of consistent documentation acquired for each candidate -disadvantage: interviewer can't react to a candidate's responses

structured interview

for grievances the first attempt to settle disputes is at the ________________ level rather than higher management levels

supervisory

what type of job benefit: life and health insurance

supplementary

what type of employee: may or may not be placed on the payroll of the employer; may be hired through a temporary employment agency; workers are employed and paid by the agency

temporary worker

True or False: payment to independent contractors are not subject to withholding taxes

true

this insurance includes both federal and state programs. To be eligible for unemployment pay, an individual must be able and available for work. An individual is not eligible if he or she quits a job without good cause, is discharged because of misconduct, is involved in a labor dispute causing a work stoppage or if he or she refuses to take suitable employment

unemployment insurance

this is a means of collective bargaining

unionization

what type of interview: -advantage: there can be responses to answers and additional questions can be formulated -disadvantage: takes a large amount of time

unstructured interview

__________ are compensation paid to workers with irregular hours based on # of hours worked; subject to withholding and may or may not have associated benefits packages

wages

what illegal action of management r/t unions: employees sign an agreement with management that they will not join a union

yellow-dog contract