Human resources Exam 4

Social security benefits

(1) *retirement benefits:* provide an income if an employee insured under the social security act at age 62 or thereafter (2) *survivor or death benefits* provide monthly payments to dependents regardless of the employee's age at death, again assuming the employee was insured under the SSA (3) *disability payments:* provides monthly payments to an employee and his or her dependents if the employee becomes disabled for work and meets specified work requirements. *Full retirement age:* the usual age to receive full SS benefits used to be 65, but is now 67.

4 basic dismissals

(1) *unsatisfactory performance:* persist failures to perform assigned duties or to meet prescribed standards on the job (2) *misconduct:* deliberate and willful violation of the employer's rules and may include stealing, rowdy behavior, and insubordination (3) *lack of qualifications for the job:* an employer's inability to do the assigned work, although he or she is diligent and (4) *changed requirements (or elimination) of the job:* involve an employees incapability of doing the work assigned, after the nature of the job has been changed

Why treat employees fairly

(1) the golden rule (2) organizational implications (3) litigious workforce

family friendly benefits

*EX:* SAS Institute offers preschool child-care centers, a gym, a full-time eldercare consultant, 3 weeks' paid vacation, a flexible work time, and a standard 35-hour workweek; emergency child-care benefits, adult-care support, & parental leave plans

unsafe conditions

*EX:* improperly guarded equipment, defective equipment, unsafe storage such as overloading, improper illumination such as insufficient light, improper ventilation such as insufficient air change. Basic remedy is to eliminate or minimize the unsafe conditions

unsafe acts

*EX:* throwing materials, operating or working at unsafe speeds-either too fast or too slow, lifting improperly

hospitalization, medical, and disability insurance

*HMO (health maintenance organization):* consists of medical specialists operating out of a health care center. *PPO (preferred provider organization):* lets employees select participating physicians who agree to provide price discounts and submit to certain utilization controls, such as on the number of diagnostic tests.

Having assessed the potential current level of risk, the employer then turns to assessing and improving 3 basis sources of facility security

*Natural security:* taking advantage of the facility's natural or architectural features to minimize security problems *Mechanical security:* the utilization of security systems such as locks, intrusion alarms, access control systems, and surveillance systems that will reduce the need for continuous human surveillance *Organizational security:* using good management to improves security

discipline

*purpose:* encourage employees to behave sensibly at work (where sensible means adhering to rules and regulations). A fair & just discipline process has 3 pillars: rules and regs, a system of progressive penalties, and an appeals process

collective bargaining

*purpose:* the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and terms and conditions of employment, or the negotiations of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation dos no compel either party to agree to a proposal or require the making of a concession. Both management and labor are required by law to negotiate wages, hours, and terms and conditions of employment in good faith.

union security

1) *Closed shop:* the company can hire only union members. Outlawed in 1947, this still exists in some industries (printing) 2) *Union shop:* the co. can hire nonunion people, but they must join the union after a prescribed period and pay dues. 3) *Agency shop:* employees who do not belong to the union still must pay union dues on the assumption that the union's efforts benefit all the workers 4) *Preferential shop:* union members get preference in hiring, but the employer can still hire nonunion members 5) *Maintenance of membership agreement:* employees do not have to belong to the union. However, union members employed by the firm must maintain membership in the union for the contract period.

Procedural steps to wrongful discharged suits

1) *Lay the groundwork:* this will help avoid such suits. *Steps include:* have applicants sign the employment application, review your employee manual and delete statements that could prejudice your defense, such as, employees can be terminated only for just cause, have written rules listing infractions that may require discipline and discharge, if a rule is broken get the workers side of the story in front of witnesses and preferably get it signed, be sure that employees get a written appraisal at least annually, keep confidential records of all actions such as employee appraisals warnings or notices, consider his or her legal rights 2) use practices that help ensure that your *actions are fair*

3 tiered approach to managing workplace stress

1) *Primary prevention:* focuses on ensuring that things like job designs and workflows are correct 2) *Intervention:* including individual employment assessment, attitude surveys to find sources of stress at work, and supervisory intervention 3) *Rehabilitation:* through employee assistance programs and counseling

the employer can take several steps to protect its employees and physical assets from terrorist attacks

1) *institute policies* to check mail carefully 2) identify ahead of time a lean *crisis organization* that can run the company on an interim basis 3) identify in advance under what conditions you will *close the company* down, what the shutdown process will be, and who can order it 4) institute a process to put the *crisis management team* together 5) prepare *evacuation plans* and make sure exits are well marked and unblocked 6) designate an employee who will *communicate with families* and off site employees 7) identify an off site location near your facility to use as a *staging area* for evacuated personnel 7) designate in advance several employees who will do *headcounts* at the evacuation staging area

several steps to avoid personal liability

1) Follow company policies and procedures 2) administer the discipline in a manner that does not add to the emotional hardship on the employee 3) do not act in anger 4) ask the HR department for advice on how to handle difficult disciplinary situations

guidelines for termination interview

1) Plan the interview carefully 2) Get to the point 3) Describe the situation 4) Listen 5) Review the severance package 6) Identify the next step

Family and medical leave act of 1993 (FMLA)

1) Private employers of 50 or more employees must provide eligible employees up to 12 weeks of unpaid leave for their own serious illness, the birth or adoption of a child, or the care of a seriously ill child, spouse, or parent. 2) Employers may require employees to take any unused paid sick leave or annual leave as part of the 12-week leave. 3) Employees taking leave are entitled to receive health benefits while they are on unpaid leave under the same terms as when they were on the job. 4) Employers must guarantee most employees the right to return to their previous or equivalent position with no loss of benefits at the end of the leave.

what steps a supervisor can take to restrict union organizing activities

1) Supervisors can always bar nonemployees from soliciting employees when the employee is on duty and not on a break 2) Supervisors can usually stop employees from soliciting other employees for any purpose if one or both employees are on paid-duty time and not on a break 3) Most employers can bar nonemployees from the building interiors and work areas as right of private property owners 4) Supervisors can deny on-or off-duty employees access to interior or exterior areas only if they can show the rule is required for reasons of production, safety, or discipline Only valid if supervisor and employer do not discriminate against unions

Taft Hartley act enumerated certain prohibited union labor practices

1) Unions were banned from restraining or coercing employees from exercising their guaranteed bargaining rights 2) It is an unfair labor practice for a union to cause an employer to discriminate in any way against an employee in order to encourage or discourage his or her membership in a union 3) It is an unfair labor practice for a union to refuse to bargain in good faith with the employer about wages, hours, and other employment conditions

steps to take to deal with violence at work

1) adopt a workplace violence policy 2) *heighten security measures:* improve external lighting, use drop safes and post signs nothing that only a limited amount of cash is on hand, install silent alarms and surveillance cameras, issue a weapons policy that states, for instance, that regardless of their legality, firearms or other dangerous weapons cannot be brought to the facility 3) improve employee screening

important characteristics of a culture of a safety include

1) an obvious management commitment to safety 2) safety communications are frequent and visible 3) a shared vision that all accidents are preventable 4) assignment of critical safety functions to specific individuals or teams 5) a continuos process of identifying and correcting workplace hazards

employers can take steps to prevent the entry or spread of infectious diseases by

1) closely monitor center for disease control and prevent (CDC) travel alerts 2) provide daily medical screenings for employees returning from infected areas 3) deny access for 10 days to employees or vistors who have had contact with suspected infected individuals 4) tell employees to stay home if they have a fever or respiratory system symptoms 5) clean work areas and surfaces regularly 6) stagger breaks

bargaining stages

1) each side presents it demands; both parties are usually quite far apart on some issues 2) there is a reduction of demands, each side trades off some of its demands to gain others, a process called *trading points* 3) the *subcommittee studies:* the parties form join subcommittees or study groups to try to work out reasonable alternatives. 4) the parties reach an inform settlement, and each group goes back to its sponsor. 5) the parties fine-tune, proofread, and sign a formal agreement

concerning things that influence ethical behavior

1) ethical behavior starts with *moral awareness* 2) *managers* can do a lot to influence employee ethics by carefully cultivating the right norms, leadership, reward systems, and culture 3) ethics slide when people undergo *moral disengagement* 4) the most powerful morality comes from *within* 5) beware the seductive power of an *unmet goal* 6) offering *rewards* for ethical behavior can backfire 7) employers should have strong *ethics codes* laying out what is and is not acceptable 8) the degree to which employees *openly talk about ethics* is a good predictor of ethical conduct 9) people tend to alter their *moral compasses* when they join org.

NIOSH provides general recommendations regarding computer monitors

1) give employees rest breaks 2) design the max. flexibility into the workstation so that it can be adapted to the individual operator. 3) reduce glare with devices such as shades over windows, antiglare screen filters, and recessed or indirect lighting 4) give workers a complete preplacement vision exam to ensure properly corrected vision

Process of telling workers to be more careful

1) identify and try to eliminate potential risks, such as slippery floors 2) reduce potential distractions, such as noise, heat, and stress 3) carefully screen and train employees

5 unfair employer labor practices by Wagner Act "statutory wrong"

1) it is unfair for employers to interfere with, restrain, or coerce employees in exercising their legal right of self-organization 2) It is an unfair practice for company representatives to dominate or interfere with either the formation or the administration of labor unions. 3) Employers are prohibited from discriminating in any way against employees for their legal union activities 4) Employers are forbidden to discharge or discriminate against employees simply because the latter file unfair practice charges against the company 5) it is an unfair labor practice for employers to refuse to bargain collectively with their employees duly chosen representatives

when designing the severance plan

1) list the situations for which the firm will pay severance, such as layoffs resulting from reorganizations. 2) require signing of a waiver/general release prior to paying any severance, absolving the employer from employment-related liability 3) remember that the employer must make any severance payments equitably

examples of a violation of the requirements for good faith bargaining mat include

1) proposals and demands 2) withholding information 3) dilatory tactics 4) unilateral changes in conditions

three caveats for safety incentives

1) such programs are not substitutes for but just parts of comprehensive safety programs 2) make sure that your incentives program doesn't simply produce false accident reporting, by encouraging workers to underreport their accidents to obtain rewards 3) such programs can have unforeseen consequences. Their basic aim is to produce safe habits through reinforcement.

dealing with a strike

1) temporarily halt their operations 2) contract out work during the duration of the strike in order to blunt the effects of the strike on the employer 3) the employer continues operations, perhaps using supervisors and nonstriking workers 4) hiring of replacements for the strikers. In an economic strike, such replacements can be deemed permanent and would not have to be let go to make room for strikers who decided to return to work. If it were an unfair labor practice strike, the strikers would be entitled to return to their jobs if the employer makes an unconditional offer for them to do so

the union drive and election 5 steps

1)*initial contact:* the union determines the employees interest in organizing and establishes an organizing committee. 2)*authorization cards:* before they can petition an election, 30% of the eligible employees in an appropriate bargaining unit must sign 3)*the hearing:* after authorization cards are collected, the employer may choose not to contest union recognition, in which no hearing is needed and a consent election is immediately held; the employer may choose not to contest the unions right to an election, in which case no hearing is needed and the parties can stipulate an election; or the employer may contest the unions rights to an election, in which case it can insist on a hearing to determine those issues. 4)*the campaign:* the union and employer appeal to employees for their votes. Neither side can be threaten, bribe, or coerce employees. Do not Threaten Interrogate make Promises to or Spy on employees (TIPS). Instead give employees Facts express you Opinion about unions, explain factually correct Rule, and share your Experiences about unions (FORE) 5)*the election:* can be held w/in 30-60 days after the NLRB issues its decisions and direction of election; it is a secret ballot.

Landrum-Griffin Act (labor management reporting and disclosure act)

Aims was to protect union members from possible wrongdoing on the part of their unions. It contains a bill of rights for union members, this provides for certain rights in the nomination of candidates for union office, it also affirms a members right to sue his or her union and that no memeber can be fined or suspended without due process

unemployment insurance

All states have this or compensation acts. Provide for weekly benefits if a person is unable to work through no fault of his or her own. Only employees dismissed through no fault of their own are eligible for this. An employer's unemployment tax reflects its experience with personnel terminations. Keep careful records of absences to protect yourself from unnecessary taxes.

Taft Hartly (labor management relations) act

Amended the Wagner Act in 4 ways: by prohibiting unfair union labor practices, by enumerating the rights of union members, by enumerating the rights of employers, and by allowing the president of the U.S. to bar national emergency strikes temporarily. Also protected the rights of employees against their unions

What can a burnout candidate do? Based on How to beat the high cost of success by Dr. Freudenberger

Break your pattern, get away from it all periodically, reassess your goals in terms of their intrinsic worth, think about your work, forget about your job once you go home

health care insurance cost control

Cost-containment specialist; negotiate aggressively with health care provider; Online administration; Outsourcing; Wellness programs; *Claims Audits:* settings stds. for error and then aggressively audit them; *Medical tourism:* non-urgent medical procedures done overseas; Technology; *Mini plans:* caps and lower premiums

protection and afforable care act of 2010

Employers must begin reporting the value of health care benefits on employee's w-2 statements; contributions to health care flexible spending arrangements will be limited to $2,500 as of Jan. 1 2013; and in 2018 a 40% exercise tax on high-cost health insurance plans goes into effect. Also encourages employers with 50 or more employees to offer health insurance or pay a shared responsibility payment if the govnt has to subsidize an employee's health care.

Norris-LaGuardia Act

Guaranteed to each employee the right to bargain collectively free from interference, restraint, or coercion, it declared yellow dog contracts unenforceable, it limited the court's abilities to issue injunctions for activities such as peaceful picketing

exit interviews

The HR department usually conducts them, the aim is to elicit information that might give the employer a better insight into what is right or wrong about the company, assumption is that employee is leaving

mandatory bargaining items

They include wages, hours, rest periods, layoffs, transfers, benefits, and severance pay

Vesting

Under ERISA, pension rights must be vested- guaranteed to the employee- under one of two min vesting schedules. *Cliff vesting:* the period for acquiring a nonforfeitable right in employer matching contributions (if any) is 3 years. *Graded vesting:* pension plans participants must receive nonforfeitable rights to the matching contributions as follows: 20% after 2 years, 20% for each succeeding year, and 100% nonforfeitable right by the end of 6 years.

injunctive relief

a court order compelling a party or parties either to resume or to desist from a certain action

a drug free workplace program includes five components

a drug free workplace policy, supervisor training, employee education, employee assistance, and drug testing

insubordination

a form of misconduct, is sometimes the grounds for dismissal. E.g. direct disregard of the boss's authority, and disobedience of, or refusal to obey the boss's orders

mediation

a neutral third party tries to assist the principals in reaching agreement. Usually holds meetings with each party to determine where each stands regarding its position. Then uses this information to find common ground

severance pay

a onetime separation payment when terminating an employee. It is common as part of a reduction in workforce, less common when dismissing someone for poor performance or cause, or they quit. *Bridge severance pay:* keeping employees (especially managers) on the payroll for several months.

burnout

a phenomenon closely associated with job stress, it is the total depletion of physical and mental resources caused by excessive striving to reach an unrealistic work-related goal.

lockouts

a refusal by the employer to provide opportunities to work. The company (often literally) locks out employees and prohibits them from doing their jobs (and thus from being paid). The NLRB generally doesn't view this as an unfair labor practice; only unfair when the employer acts for a prohibited purpose.

job hazard analysis

a systematic approach to identifying and eliminating such hazards before they occur. Focuses on the relationship between the worker, the task, the tools, & the work environment and ends by reducing the potential risks to acceptable levels, should provide the basis for creating countermeasures *Includes:* (1) What can go wrong? (2) What are the consequences? (3) How could it happen? (4) What are other contributing factors?

union salting

a union organizing tactic by which undercover union organizers who are employed full time by a union are hired by unwitting employers. The national labor relations defines this as placing of union members on nonunion job sites for the purpose of organizing. NLRB v. Town & Country Electric held this tactic to be legal

Strike

a withdrawal of labor. Occur because of mistakes made during bargaining process. 4 main types- (1)*economic strike:* results from a failure to agree on the terms of a contract- from an impasse, in other words (2)*unfair labor practice strike:* protect illegal conduct by the employer (3)*wildcat strike:* an unauthorized strike occurring during the term of a contract (4)*sympathy strike:* occurs when one union strikes in support of the strike of another

job withdrawal

actions intended to place physical or psychological distance between employees and their work environments

Wagner Act

added teeth to the Norris-LaGuardia act by banning certain unfair labor practices, providing for secret-ballot elections and majority rule for determining whether a firm's employees were to unionize. *National labor relations boards:* the agency which oversees and enforces these 2 provisions, does not retrain unions from unfair labor practices to the extent that it does employers

rules

address issues such as theft, destruction of company property, drinking on the job, and insubordination. *EX:* (1) poor performance is not acceptable (2) alcohol and drugs do not mix with work (3) gambling in any form is forbidden.

ERISA (employee retirement income security act)

aim to protect the pensions of workers and to stimulate pension plan growth. Before, pension plans often failed to deliver expected benefits to employees, due to various reasons such as business failure and inadequate funding.

the pregnancy discrimination act

aims to prohibit sex discrimination based on pregnancy, childbirth, or related medical conditions. Requires employers to treat women affected by the conditions above the same as any employee not able to work, with respect to all benefits, including sick leave and health and medical insurance.

Workers compensation

an insurance benefit, aims to provide sure, prompt income and medical benefits to work-related accident victims or their dependents, regardless of fault. Most states require employers purchase worker's comp insurance through private state-approved insurance companies. Can be *monetary* or *medical*. In the event of worker's death or disablement, the person or his or her beneficiary receives a cash benefit based on prior earnings. For an injury or illness to be covered by worker's compensation, the employee need only prove that it arose while he or she was on the job. It doesn't matter that the employee may have been at fault.

corporate campaign

an organized effort by the union that exerts pressure on the corporation by pressuring the company's other unions, shareholders, directors, customers, creditors, and government agencies often directly *Boycott:* removal of patronage

occupational illness

any abnormal condition or disorder caused by exposure to environmental factors associated with employment. Must also report occupational injuries that result in medical treatment, loss of consciousness, restriction of work, restriction of motion, or transfer to another job

workplace flexibility

arming employees with the information technology tools they need to get their jobs done wherever they are.

Employee leasing firms (professional employer org or human resource outsourcers)

arrange to have the employer's employees transferred to the employee leasing firm's payroll. Becomes the legal employer and handles the employer's employee-related paperwork/ *Includes:* recruiting, hiring, paying tax liabilities, and performance appraisals

occupational safety and health administration

basic purpose is to administer the act and to set and enforce the safety and health standards that apply to almost all workers in the U.S. Responsible for promulgating legally enforceable standards

engagement

being psychologically involved in, connect to, and committed to getting one's job done, it is important because many employee behaviors, including turnover and withdrawal, reflect the degree to which employees are engaged. Engagement supporting actions include making sure employees (1) understand how their departments contribute to the company's success (2) see how their own efforts contribute to achieving the company's goals (3) get a sense of accomplishment from working at the firm

broadbanding

collapsing salary grades and ranges into just a few wide ranges, or bands, each of which contains a relatively wide range of jobs and salary levels. It combines the companies previous six pay grades into broadbands. This facilities flexibility

operational safety reviews

conducted by agencies to ascertain whether units under their jurisdiction are complying with applicable safety laws and rules

401(k) plans

defined contribution plan; employees have the employer place a portion of their compensation, which would otherwise be paid in cash, into a company profit sharing or stock bonus plan, or into investments (such as mutual funds) the employee selects. Results in a pretax reduction in salary, so the employee isn't taxed on those set-aside dollars until after he or she retires (or removes the $ from the pension fund).

the fair labor standards act

defines employer to include any person acting directly or indirectly in the interest of the employer in relation to any employee, and this can mean the individual supervisor

non-punitive discipline

discipline w/o punishment gains the employees acceptance of your rules and by reducing the punitive nature of the discipline itself. *Steps:* (1) issue an oral reminder (2) should another incident arise w/in 6 weeks, issue the employee a formal written reminder, and place a copy in the personnel file (3) give a paid 1-day decision-making leave (4) if no further incidents occur in the next year or so, the 1-day period suspension is purged from the person's file

layoff

employers send workers home for a time for lack of work, usually not a permanent dismissal (although it may turn out to be). Rather it is a temporary one, which the employer expects will be short term

pension protection act of 2006

employers who sponsor plans that facilitate both automatic enrollment and allocation to default investments (such as age-appropriate lifestyle funds) reduce their compliance burdens.

flexible benefit plans (cafeteria plans)

enable employees to spend their benefits allowances on a choice of benefits options. This lets the employee design his or her own benefit package, subject to two constraints (1) the employer must limit total cost for each person's package (2) each benefit plan must include certain nonoptional items, including, for example, Social Security and unemployment insurance

pension benefits guarantee corporation

established under ERISA to ensure that pensions meet their obligations should a plan fail. However, it guarantees only defined benefit, not defined contribution. It will only pay a pension up to about $56,000 per year for someone 65 years old with a plan terminating in 2012.

workaholics

feel driven to always meet deadlines normally put themselves under more stress than do others

illegal bargaining items

forbidden by law; the clause agreeing to hire union members exclusively would be illegal in a right-to-work state, for example

appeals process

helps to ensure that supervisors mete out discipline fairly and equitably. *Guaranteed fair treatment:* (1) *management review*- the complainant submits a written complaint to a member of management. They review the information and make a decision to uphold, modify, or overturn management actions (2) if not satisfied, *officer complaint*, the complainant submits a written appeal to the VP or senior VP of the division w/in 7 calendar days (3) *executive appeals review,* the complainant may submit a written complaint w/in 7 calendar days of the step 2 decision to the employee relations department. The appeals board reviews all relevant info and makes a decision to uphold, overturn, or initiate a board of review or to take other appropriate action.

Cash balance pension plans

hybrid, they have defined benefit plan's more predictable benefits, but they have the portability advantages of defined contribution plans

enterprise risk management

identifying risks, and planning to and actually mitigating these risks

benefits

indirect monetary and non monetary payments an employee receives for continuing to work for the company (rather than direct payments, as for wages). *EX:* time off with pay, health insurance, and child care. All employers offer some health insurance coverage. Unemployment insurance is the most expensive and required.

citations

inform the employer and employees of the regulations and standards violated and of the time set for rectifying the problem.

portability

making it easier for employees who leave the firm prior to retirement to take their accumulated pension funds with them

the main sections of a typical contract covers these subjects

management rights, union security and automatic payroll dues deductions, grievance procedures, arbitration of grievances, disciplinary procedures, compensation rates, hours of work and overtime, benefits such as vacation, holidays, and pension, health and safety provisions, employee security seniority provisions, contract expiration date

industrial hygiene

manages hazards exposures; involves *recognition* of possible hazards with facility walk-around surveys, *evaluation* in determining how severe the hazard is and measure the exposure and compare it to benchmarks, and *control* involves eliminating or reducing the hazard such as personal protection gear.

penalties

may range from oral warnings to written warnings to suspension from the job to discharge. The severity is usually a function of the type of offense and the number of times the offense occurred.

Safety audits

measure injury and illness statistics, workers compensation costs, and vehicle accident statistics. Typically *safety committee* activities include evaluating safety adequacy, monitoring safety audit findings, and suggesting strategies for improving safety performance

voluntary (or permissible) bargaining items

neither mandatory nor illegal; they become a part of negotiations only through the joint agreement of both management and union

wrongful discharge

occurs when an employee's dismissal does not comply with the law or with the contractual arrangement stated or implied by the firm via its employment application, employee manuals, or other promises. *Constructive discharge claim:* the plaintiff argue that he or she quit, but had no choice because the employer made the situation so intolerable at work.

bargaining unit

one decision to come out of the hearing; it is the group of employees that the union will be authorized to represent and bargain collectively.

we can generalize by saying that unions have two sets of aims...

one for *union security* and one for *improved wages, hours, working conditions and benefits* for their memebers

supplemental pay benefits

or pay for time not worked (such as vacations), are one of an employer's most expensive benefits because of all the time off that employees receive. *EX:* holidays, vacations, sick leave, maternity leave, and employment insurance payment

occupational safety and health act

passed to assure so far as possible every working man and women in the nation safe and healthful working conditions and to preserve our human resources, covers federal agencies but not usually state or local governments

bully victims

people with high cognitive ability who behaved more independently were more likely to be victimized by bullying. Team players were less likely to be victimized.

Genetic information nondiscrimination act of 2008

prohibits certain genetically related employer actions. *EX:* if a health plan administrator learns that a member's father passed away from cancer and makes a note, doing so could conceivably be held as violations of the act.

good faith bargaining

proposals are matched with counter proposals and that both parties make every reasonable effort to arrive at an agreement

Employee assistance programs (EAPs)

provide counseling and advisory services, such as personal legal and financial services, child- and elder-care referrals, adoption assistance, and mental health counseling

pension plans

provide income to individuals in their retirement, and just over half of full time workers participate in some type of this. Classified as (1) contributory vs. noncontributory plans (2) qualified vs. nonqualified (3) defined contribution vs. defined benefit plans. Employee contributes to the contr. pension plan while the employer makes all contr. to the noncontr. pension plan. Employers derive tax benefits for contributing to qualified pensions plans, nonqualified pension plans get less favorable tax treatment.

sick leave

provides pay to employees when they are out of work because of illness. *Problem:* many employees take advantage of sick leave by using it whether they are sick or not. *To reduce problem:* (1) using pooled paid leave, paid time off, plans- lump sick leave, vacation, and holiday into a single leave pool. (2) Buying back unused sick leave at the end of the year . (3) Holding lotteries in which only employees with perfect attendance can participate to win a cash prize. (4) Aggressively investigating all unplanned absences, for instance, by calling the absent employees at their homes.

downsizing

reducing, usually dramatically, the number of people employed by a firm, requires careful consideration of several matters: (1) make sure you let go the right people (2) comply with all applicable laws (3) ensure that the employer executes the dismissals in a manner that is just and fair (4) consider security (5) take steps to reduce the remaining employee's uncertainty and to address their concerns.

selection

refers not just to the worker but to choosing the right supervisors as well

The workers adjustment and retaining (plant closing) act of 1989

requires covered employers to give employees 60 days written notice of plant closures or mass layoffs (but not necessarily award severance pay).

The worker adjustment and retraining notification act (WARN act) or plant closing law

requires employers of 100 or more employees to give 60 days' notice before closing a facility or starting a layoff of 50 or more people

COBRA requirements (consolidated omnibus budget reconciliation act)

requires most private employers to make available to terminated or retired employees and their families continued health benefits for a period of time, generally 18 months. Must pay for them and a small admin. fee. Employee should sign and acknowledge a COBRA rights form.

impasses

signing the agreement assumes that there are no insurmountable disagreements. If there are, the parties may declare this, usually occurs because one party demands more than the other offers

bullying

singling out someone to harass and mistreat them. Involves: (1) *imbalance of power:* people who bully use their power to control or harm and the people being bullied may have a hard time defending themselves (2) *intent to cause harm:* actions done by accident are not bullying; the person bullying has a goal to cause harm (3) *repetition:* incidents of bullying happen to the same person repeatedly by the same person or group. Can take many forms such as: (1) *verbal:* name calling, teasing (2) *social:* spreading rumors, leaving people out on purpose, breaking up friendships (3) *physical:* hitting, punching, shoving (4) *cyber bullying:* using the Internet, mobile phones, or other digital technologies to harm others

defined contribution plans

specify what contribution the employee and employer will make to the employee's retirement or savings fund. The person only knows for sure what he/she is contributing to the pension plan; the actual pension will depend on the amounts contributed to the fund and on the success of the retirement fund's investment earnings. This is more favorable for employers because of administration and tax treatment. Your pension is more portable.

national energy strikes

strikes that might imperil national health and safety.

fact finder

studies the issues and make a public recommendation of what a reasonable settlement ought to be

Terminate at will

the employee could resign for any reason, at will, and the employer could similarly dismiss an employee for any reason, at will. *3 main protections against wrongful discharge:* (1) *statutory exceptions:* federal and state equal employment and workplace laws, e.g. Title 7 (2) *common law exceptions:* e.g. employee handbook promising terminating only for just cause (3) *public policy exceptions:* e.g. employer fired the employee for refusing to break the law

defined benefit plan

the employee knows ahead of time the pension benefits he or she will receive. *Formula:* (1) a percentage (2) the person's preretirement pay (3) multiplied by the number of years he or she worked for the company. These now represent a minority of pension benefit plans. *Problem:* to get your max pension, you generally must stay with your employer until you retire

outplacement counseling

the employer arranges to provide terminated employees with career planning and job search skills

picketing

the first activities occurring during a strike. The purpose is to inform the public about the existence of the labor dispute and often to encourage others to refrain from doing business with the employer against whom the employees are striking.

arbitrations

the most definitive type of third party intervention because the arbitrator may have the power to decide and dictate settlement terms, they can guarantee a solution to an impasse. May be voluntary or compulsory (imposed by a government agency) *Binding arbitration:* both parties commit to accepting the arbitrators awrd *Nonbinding arbitrator:* they do not *Interest arbitration:* when labor agreements do not yet exist or when one or both parties are seeking to change the agreement. *Rights arbitration:* contract interpretation arbitration; usually involves interpreting existing contract terms, for instance, when an employee files a grievance

ethics

the principles of conduct governing an individual or a group; the standards people use to decide what their conduct should be. Ethical decisions alway require *normative judgement:* implies that something is good or bad. (1) is it profitable (2) is it legal (3) is it ethical *Morality:* society's accepted standard of behavior. Addresses matters of serious consequences, such as murder, lying, or slander

the grievance process

the process or steps that the employer and union have agreed to follow to ascertain whether some action violated the agreement; not supposed to renegotiate contract points, the aim is to clarify what those points mean in the context of addressing grievances regarding some employer action

voluntary turnover

the rate at which employees voluntarily leave their firms. Managing voluntary turnover requires identifying its causes and then addressing them

decertification

the same law that grants employees the right to unionize also gives them a legal way to terminate the unions right to represent them; these do not differ from certification campaigns

benefit website

to reduce the costs of administering benefits, many employers enable employees to manage much of their own benefit changes themselves via the employer's website.

long term care

to support older persons in their old age. *EX:* adult day care facilities, assisted living facilities, & home care

safety awareness program

trained supervisors orient new workers regarding common safety hazards and simple prevention methods

inside games

union efforts to encourage employees to impede or to disrupt production

right to work

used to describe state statutory or constitutional provisions banning the requirement of union membership as a condition of employment. These don't outlaw unions, they outlaw (w/in those states) any form of union security, which inhibits union formation in those states

employee free choice act

would make it more difficult for employers to inhibit workers from trying to form a union. *card check systems:* the union would win recognition when a majority of workers signed authorization cards saying they want to unionize

competency/skill-based pay

you pay the employee for the skills and knowledge he or she is capable of using rather than for the responsibilities of the job currently held. *Competencies* are demonstrable personal characteristics such as knowledge, skills, and behaviors * Elements:* (1) the employer *defines* specific required skills and (2) chooses a *method* for tying the persons pay to his or her skill competencies (3) a *training* system lets employees seek and acquire skills (4) there is a formal competency *testing* system and (5) the work is *designed* so that employees can easily move among jobs of varying skill levels.