PHR: Module 5- Employee and Labor Relations

Biological hazard

- Anything that may expose an employee to an infectious disease Contaminated food, unsanitary conditions, and dirty needle sticks are examples - Most commonly exposed are HBV- dirty needles or mishandling of bodily fluids

Best practices- Terminations

- Discipline should always be consistent - Organization should have a standard progressive discipline policy - If you are dealing with a union worker or other contract employee, know the contract provisions before undertaking any disciplinary action. - But that does not mean at-will employees can be terminated for any reason. For instance, all anti-discrimination laws apply, and an employee cannot be fired for refusing to do something that is against the law.

Best practices for preventing sexual harassment

- Establish written policies - Train employees - recognizing, avoiding and preventing - Establish internet usage policies - Managers and supervisor should lead by example - Managers and supervisors should intervene and stop any clearly offensive behavior - Treat any compliant or report seriously and explore promptly - communicate with involved parties, but maintain confidentiality - avoid jumping to conclusions - document all information - intervene and stop retaliation

What do the OSHA standards cover?

- General Industry (most businesses fall under this category) - Construction - Maritime - Record Keeping - Agriculture

Steps in an Affirmative Action Program

- Utilization Analysis - Development of Goals and Timetables (use of specific and inflexible quotas is illegal) - Development of Actions Steps (improving communication of job availabilities to underrepresented groups recruitment at schools that are largely made up of some protected class participating in programs designed to improve employment opportunities for underemployed groups identifying and removing inappropriate barriers to employment preferential hiring)

Constructive Discharge

- When the employer has made working conditions so intolerable that employees feel forced to quit. Many states allow former employees to sue in cases Some states require the employee to show that her boss specifically intended to force her resignation; others require only that the employee show that conditions in the workplace were so bad that a "reasonable person" would feel she had no choice but to resign.

Why might labor unions be declining?

- Women and minorities have a far less traditional union affiliation than white men and are less inclined to join a union when they enter the workforce - more businesses are offering workers incentives to avoid unionization tactics—such as providing all employees with benefits that were once only available to union members.

OSHA Off-site investigations

- conducted via telephone - Compliance Officer will identify to the employer what violation or violations have been reported. - the employers has up to 5 days to indicate how these violations will be addressed in writing via mail or fax.

What is a direct consequence of the decline in union membership and power?

- decline mainly in the private sector - unions focus more on job security than on bargaining for higher wages

When are employers liable for sexual harassment?

- if they knew or should have known the sexual harassment and failed to take immediate and appropriate action Known if: - openly practiced in the workplace; -well-known among employees; or -brought to the employer's notice by a victim's filing a charge. employers can be held legally responsible for SH by a manager or supervisor and can be fined QUID Pro Quo- ALWAYS liable Hostile: depends if they knew

Human Assets

- people who work for the organization assets are workplace violence and substance abuse. political instability, an increased threat of terrorism, and the need to protect executives from kidnapping.

Norris-LaGuardia Act

- right to unionize was protected. The act also prevents employers from forcing employees to sign contracts indicating they will not join a union (also known as yellow dog contracts), and from interfering in nonviolent union activities.

Union Certification Process Steps

-Employees must establish interest in unionization - Employee must sign authorization cards to prove their interest - must receive from at least 30% of eligible voters (Employer can then either recognize the union or refused to recognize it) -If employer opts to recognize the union, cards have to be signed by more than 50% of eligible employee and then the union officially comes to represent the bargaining group If the employer refuses and authorization cards have been collected from more than 30 percent but not more than 50 percent of employees, an election is held. If, during the election, the union receives support from greater than 50 percent support from employees authorized to vote, then the union becomes the official, certified bargaining representative for those employees.

Process- Unfair Labor Practice Compliant

-Once a charge is made, the NLRB notifies the supposed offender. The accused party can then submit, in writing, its understanding of the accusations and provide information that it considers relevant. An entity accused of ULP has the right to legal counsel -Next, an agent with the NLRB is assigned the case and begins an investigation. This will involve interviews with those involved and with witnesses of the supposed incident inciting the charge. The agent makes a recommendation to the regional director of the NLRB that the case be either dismissed or that a complaint be issued. Complaints may result in either formal or informal settlement agreements, depending on the severity of the accusation. Informal settlement agreements do not require board orders or court hearings, but rather require that the charged party take some action to correct the ULP. Formal settlements, on the other hand, require board orders or court hearings. such cases, an administrative law judge will consider the evidence and issue a decision and order. If the judge's decision is not satisfactory, then an exception must be filed with the NLRB within 28 days of its issuance. In such cases, the federal NLRB office will issue a final order supporting or amending the judge's decision. If the NLRB's decision is considered unsatisfactory, then an appeal can be filed with the U.S. Court of Appeals.

Process Sexual Harassment Investigation

1. Compliant Received 2. Interview complaining employee 3. Interview employee (s) of accused harassment 4. Interview witnesses 5. Consideration of the claim and its veracity 6. Resolution of the complaint

Union Security clause

A clause in a collective bargaining agreement which requires all members of the bargaining unit to be union members in good standard- or at least to pay the union for the basic costs of representation- as a condition of employment - can be removed in union deauthorization

Utilization Analysis

A comparison to the racial, sex and ethnic composition of the employer's workforce compared to that of the available labor supply For example, consider an organization that employs 150 individuals, 20 of whom are women. If the labor supply consists of 60 percent men and 40 percent women, the fact that women only constitute 13 percent of the organization's workforce indicates this group is underutilized

Impasse

A deadlock, again defined by the NLRB as the point where the continuation of negotiations is not likely to be productive. At this point, some provisions of a contract can be imposed on a temporary basis.

Mediation

A dispute-resolution procedure in which a neutral third party reviews the information presented by both sides and then makes an informed recommendation and provides advice to both parties about what she or he believes should be done

Safety Data Sheet (SDS) (formerly known as MSDS sheets)

A document, required by OSHA and usually supplied by the manufacturer, that includes relevant data and safety-related information about a chemical used in the workplace. indicates potential risks, what the substance is made out of, how it interacts with other substances, protocol for protecting oneself. Can it be inhaled, ingested or enter through the skin? should be listed

Civil Rights Act of 1964

A federal law that outlaws major forms of discrimination in the U.S. It ended unequal voter registration requirements and segregation in schools, the workplace, and other facilities that serve the general public. Title VII of this prohibits employment discrimination* based on race, religion, national origin, or sex.

Pregnancy Discrimination Act

A federal law that prohibits workplace discrimination on the basis of pregnancy. It was enacted in 1978 as an amendment to Title VII of the Civil Rights Act of 1964. The law prohibits discrimination against pregnant women in different areas of employment, such as hiring, firing, seniority rights, job security, and receipt of fringe benefits.

Safety and Health Management Plans

A formal, written document that specifies the procedures for identifying workplace hazards and reducing accidents and exposure to harmful substances, including training in accident prevention, accident response, emergency preparedness and protective gear Employers with more than ten employees should submit written plans to OSHA. All plans should include: A statement of the company policy regarding the program A statement of support from senior management An indication of how employees will be included in the process and how they will be trained Identification of who is responsible for the program, what those responsibilities are, and contact information for those individuals A process for reporting hazards and worries to those responsible An indication of how records required by OSHA will be maintained

Line Graph

A graph that illustrates relationships between two changing variables with a line or curve that connects a series of successive data points - often used to show how trends change over time - good in time-series data to be summarized and the data is continuous Vacation Days Y - Years of Employment X

Labor Unions

A legally constituted group of individuals working together to achieve shared, job-related goals, including higher pay and shorter working hours

Things that aren't sexual harassment

A male coworker tells an off-color joke and subsequently apologizes to an offended female coworker Male coworkers use crude and offensive language around a female coworker but stop after being warned A male coworker sabotages the work of another male coworker One coworker makes offensive references about another coworker's physical disability

Ergonomic Hazards

A physical factor in working environment that can harm the musculoskeletal system. caused by repeated or unnatural motion- can lead to carpal tunnel syndrome

Measurement bias

A prejudice in the data that results when the sample is not a representative of the population being tested.

Security Threats

A situation or action, arising outside the organization, that has the potential to disrupt the organization's operations or business dealings, or threaten the safety of employees -natural disasters, computer hacking, terrorist attacks, violence in the workplace.

Progressive Discipline

A system that deals with employee performance problems through a series of corrective steps or measures that can end with termination - verbal and written warnings, suspensions and then termination - organization due process: employees being notified and will be allowed to defend themselves if necessary typically have better legal ground if you do this

Frequency Distribution

A table that summarizes the frequency of each measured value with an analysis 10-20,000 - 5 employees 21-40,000 - 15 employees

Sexual Harassment

A type of employment discrimination consisting of verbal or physical abuse of a sexual nature - employees are protected against this due to the Civil Rights Act. unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature: submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or submission to or rejection of the conduct or request is used as a basis for employment decisions, or the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."

Histogram

A vertical chart that shows the distribution of data across continuous intervals. The vertical bars show the counts or numbers in each range. A comparison of the ranges, or a review of the graph as a whole, helps the audience understand the information presented. I.e. How often do you find the monthly training seminars useful? 1-5 scale shown on a graph 1-5 would be the category and the vertical line would be how many employees selected that number would be appropriate to display how many people fall in various ranges of heights, as height is an example of continuous data

Bar graphs

A vertical or horizontal chart that represents data that is distributed over groups or categories be more appropriate to measure how many people are from each state, as states are an example of discrete categories

Employee Privacy Policy

A written document that explains the purpose of workplace monitoring and investigations, and dictates the situation in which employees can and cannot expect to enjoy privacy. -informs employees about the possibility of monitoring, searches, and employee investigations. -shields the company against legal liability -employees must be informed that an employer wants to monitor otherwise they have an expectation of privacy

Advantages and Disadvantages of Paper Storage

Adv. Paper documents are subject to fewer regulations regarding the proper storage of confidential material Paper documents are less likely to be accessed by hackers Dis Paper documents take up physical space It is more challenging to search many paper files at once Paper storage is less sustainable and environmentally friendly It is more difficult to keep copies of paper documents, and documents can be lost in floods or fires

Organizational Scorecard

Also known as a balanced scorecard, this is a toll for measuring those factors that affect or are affected by a certain thing (such as a process or campaign) to be studied, and can be used to correct behavior or strategy if the metrics display sub-optimal performance May include: - incident reports - audit scores - perception survey results as administered to both management and workers - dollar costs (claims, total costs of safety programs, etc.)

HIV-AIDs in the workplace

An employer must hire and retain qualified HIV-AIDS-infected persons unless the debilitation interferes with a person's job performance. The company must also educate all employees about how AIDS is and is not transmitted.

Health and Welfare Programs

An employer sponsored program that seeks to encourage healthy behavior by employees, outside the workplace as well as inside of it. Benefits employers by employee being less sick, more productive -focus on things on obesity and smoking

Physical Hazard

An object, condition, or flaw that poses a risk to employees safety or health.

Defamation

Any communication, usually from a former employer, that damages a person's reputation and prevents him or her from getting a job or some other benefit

Unfair Labor Practice

Any practice performed by an employer or union that violates any of the several law provisions; typically it is the union that files this compliant against the employer -complaints are handled by the NLRB - can be filed by employee, union rep, or employer - charged must be submitted within six months of incident

Environmental Health Hazard

Anything that present in an employee's work environment that can have a negative impact on the employee's health.

OSHA Employee rights

Ask OSHA to inspect their workplace; Exercise their rights under the law without retaliation and discrimination; Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace. The training must be conducted in clear language; Get copies of test results done to find hazards in the workplace; Review records of work-related injuries and illnesses; and Get copies of their medical records.

Caught in/between hazard

Collars and tongs, spinning chain, and pipe; clothing gets caught in rotary table/drill string

Type of penalties per OSHA Violations

De Minimis: The employer will be informed of the violation, but will not be cited Other-Than-Serious: The employer will be cited for the violation and may be required to pay a fine up to $7,000 per violation Serious: The employer will be cited for the violation and may be required to pay a fine up to $7,000 per violation Failure to Abate: The employer will be cited for the violation and may be required to pay a fine up to $7,000 per violation each day after the abatement date Repeat: The employer will be cited for the violation and may be required to pay a fine up to $70,000 per violation Willful: The employer will be cited for the violation and required to pay fines ranging between $5,000 and $70,000. If an employee's death results from the violation, an employer may face additional penalties and jail time.

OSHA Violations List

De Minimis: This occurs when a standard is violated, but that violation does not currently affect the health or safety of employees. Other-Than-Serious: This violation type occurs when a standard is violated that does affect the health and safety of employees, but no harm is imminent. Serious: This type of violation occurs when there is an imminent risk that an employee will be harmed or killed. Failure to Abate: This type of violation is issued if an employer continues to violate a standard after a date of abatement is established by a previous OSHA investigation. Repeat: A repeat violation occurs when an employer continues to violate the same or similar standard after an OSHA investigation. Willful: When employers intentionally ignore or intentionally violate OSHA standards, they can be found to commit a willful violation.

Blocking-charge bar

Elections are not permitted to take place when unfair labor practice charges are pending.

Work Teams

Employees who work together every day to complete their assignments may form these. - May work in-person or virtually from different locations. - may receive assignments from a mangers or may be self-directed - deciding internally how they will schedule work, who will complete jobs, and how members will be held accountable.

No strike/no lockout clause

Employers and union representatives may agree to include clauses in CBAs that prohibit either party from initiating a work stoppage during the term of the contract.

OSHA Form 300A

Employers are also required to provide summaries of illnesses and injuries that occur on worksite during each work year. Information about the previous year must be posted at a worksite by February 1st and must remain viewable through April 30th. This form is known as the Summary of Work-Related Injuries and Illnesses.

Non-work related incidents

Employers are not obligated to keep records of illnesses or injuries that are not work-related It was the result of activities that took place outside the workplace It became apparent at the workplace, but the employee was not in the workplace to perform work It happened while the employee was performing personal activities, before or after scheduled work hours It occurred during a vehicular accident on company property, while the employee was commuting to or from work It resulted from consuming food or beverages that were prepared by the employee It resulted from medication the employee was taking for a non-work-related illness It was deliberately self-inflicted

Employers rights under OSHA

Employers have the right to try to influence health and safety standards by writing to the OSHA Standard Advisory Council or attending hearings relating to particular standards. employers have the right to contact the National Institute of Occupational Safety and Health to find information about whether particular substances that may be used in the workplace are toxic or not. employers may request permanent or temporary waivers if they are unable to meet certain OSHA standards in some situations.

EPLI

Employment Practices Liability insurance, which is coverage purchased to defray some legal costs associated with defending a civil lawsuit brought by an employee

Emergency Action Plans

Escape procedures, including maps or floor plans and diagrams indicating paths employees should follow How to shut down critical operations An indication of how employees will be accounted for following an evacuation A description of how employees will be notified of the need to evacuate, including a description of the alarm system and how it will work for people with disabilities, visitors, and temporary employees Procedures for particular types of emergencies, like fires, tornadoes, earthquakes, and violent attacks (including terrorist attacks)

Fall hazard

Fall from elevated areas of the rig, i.e., stabbing boar, monkey board, ladder, etc.; fall from rig floor to grade

Struck by hazard

Falling/moving pipe; tongs and/or spinning chain, kelly, rotary table, etc.; high-pressure hose connection failure causing employees to be struck by whipping hose; tools/debris dropped from elevated location in rig; vehicles

Sarbanes Oxley Act

Federal law that increased the accountability of senior managers for an organizations financial performance -discourage fraud - can't retaliate against whistleblowers

Occupational Safety and Health Act

Federal legislation establishing workplace safety and standards requires employers to provide their employees with working conditions that are free of known dangers - create OSHA

Drug-Free Workplace Act

Federal legislation that mandates that employees should be notified of the dangers of drug abuse in the workplace, as well as any drug counseling, rehabilitation and employee assistance programs that the company offers. Additionally, employees must be made aware of penalties for drug abuse violations in the workplace. he law requires any employer that receives federal funding, or has federal contracts totaling at least $100,000 a year, to establish

Exceptions to protect employees from being wrongfully terminated:

First, a company cannot fire someone if that employee is protected by federal or state equal employment and workplace law. For example, a company cannot fire a "whistleblower" for reporting unsafe work environments. Second, through common law exceptions, employees are protected by "implied contracts," such as guidelines in an employee handbook. Third, public policy exemptions protect an employee from being fired for refusing to break the law.

Emergency Response Plan

Focus on how records and resources (rather than personnel) will be protected in the case of an emergency. Such a plan should indicate who is responsible for those resources and how they should go about protecting them.

Grievance

Formal complaint against an employer

Grievance Procedure

Grievances may sometimes be filed verbally, but it is more common for a company to require that they be filed in writing, on a grievance form In the first step, a union representative presents the grievance to the employee's immediate supervisor. Three things could happen: the supervisor and union rep might decide that the grievance is not valid; the supervisor could offer a solution that successfully resolves the grievance; or there may not be a resolution that is satisfactory to the union and the employee. In the next step, the grievance is presented to the next level of management; if there is a satisfactory resolution at this level the grievance procedure ends, but if there is not the grievance goes to the next management level specified in the contract. The grievance continues up the management chain until there is a successful resolution; if the grievance cannot be resolved at the highest management level, collective bargaining agreements typically call for the issue to be submitted to arbitration*, with the arbitrator's decision binding on both sides.

Hydrogen Sulfide (H2s) Exposure

H2S release during drilling, swabbing, perforating operations, etc. resulting in employee exposures; production tank gauging operations, gaugers sometimes exposed to H2S

Statutory Bar

If a valid election has taken place within a 12-month period, the NLRB will not permit another.

The Doctrine of Contributory Negligence

If an employee's actions contribute to his or her becoming ill or injured, then this may be used to mitigate or lessen the employer's responsibility.

Contract Bar

In almost all cases, unions are prohibited from directing elections when a unit is still bound by a collective-bargaining agreement.

Security Risk Assessment

In assessing potential risks to an organization's security, management must evaluate both the threats (external factors) and the vulnerabilities (internal weaknesses). Once the assessment has identified and ranked which security risks are most likely to occur, the organization can proceed with development of an appropriate security plan.

Voluntary recognition bar

In circumstances where an employer has voluntarily recognized a union as the appropriate bargaining representative, then an election will be prohibited for some amount of time, to encourage contract negotiations between the employer and the union.

Protective Equipment Violation

In many cases, such equipment has been made available to employees but, because they find it cumbersome or uncomfortable, it is not being used. It is the employer's responsibility to make sure that protective equipment is always used.

Fire Protection Equipment violation

In smaller businesses, it is important to remember to keep the extinguishers charged and other fire-fighting and escape equipment in place.

Disaster Recovery Plan

Indicate how an organization will move forward once the initial emergency and emergency response is over. typically begin by identifying the potential risks an organization faces, as recovery measures will vary depending on the nature of those risks.

OSHA Posting and Training Regulations

Inform employees of their rights under the Occupational Health and Safety Act, any relevant regulations, and the specific health and safety standards that apply to their workplace Train employees in recognizing and using required safety procedures Post warning signs that identify potential hazards, and display the "OSHA Poster"—which informs workers of their rights under the Act—in a prominent place Train employees to use safety equipment, and to use work-related tools and equipment as safely as possible

Investigating Employee Misconduct

Interview the person who made the complaint or raised the allegation Interview the employee against whom the complaint was made Interview any other employees who might have relevant information Decide whether or not a violation took place, and take any appropriate actions

Task Force

Is a group that is brought together to research and recommend solutions for problems only exists for as long as the problem remains an issue. Once the problem has been addressed, the group disbands

Chemical Hazard

Is a substance that an employee regularly handles, or which is present in the work environment, which can cause illness or death. Toxic chemicals, radioactive materials, explosives, and disease-causing contaminants such as coal dust are all examples

Mine Safety and Health Act of 1977

It is interested in protecting the safety of coal miners and other mine workers. The Act established standards and monitoring operations that are mandatory. It also established record-keeping protocols for casualties and fatalities in mines.

Timeline for keeping documents:

Job applications: one year Payroll records: 3 years OSHA injuries and illnesses: five years Consumer credit reports: dispose of right away

The National Labor Relations Act (Wagner Act)

Law guaranteed the right of workers to form unions and bargain as a union with their employers. It created the National Labor Relations Board to arbitrate deadlocked labor disputes, ensure democratic union elections, and penalize unfair labor practices by employers.

What is priority for OSHA compliance officers?

Least priority is given to follow-up inspections, followed by planned or programmed high-hazard inspections. Moderate priority is given to worksites where employee complaints have prompted an inspection. Finally, worksites where inspections have been triggered by catastrophes, or where there is some imminent danger to employers, are given the highest priority.

Governmental Barrier- Glass Ceiling Act

Legislation relating to equal-opportunity employment is not always enforced consistency, which can generate employment for individuals in protected classes. Furthermore, information relating to unequal opportunities is not always collected or disseminated effectively Governmental Barriers Societal Structural Barriers Internal Barriers

Physical hazard violations OSHA

Like the protective equipment issue, many of these problems are not by design, but rather the result of things not being properly handled or removed, or of equipment or furniture being moved into a hazardous position because of its perceived convenience.

Who will the OSHA compliance offer take a tour of the organization with?

Member of management and an employee

Certification-year Bar

No elections take place within a 12-month period of the certification of a bargaining representative.

Hazard Communication Standard (HCS)

OSHA rule requiring employers to make workers aware of any toxic substance in the workplace through labels on containers and detailed information sheets for each chemical Right to know Law requires that hazardous chemicals be labeled, that employers maintain a list of all such chemicals in the workplace, and that workers be trained to use the relevant chemicals they will encounter while on the job. - Safety Data Sheets that describe the dangers of chemicals found in the workplace

Strike

Occurs when employees walk off their jobs and refuse to work. The union's tool of last resort—powerful but risky, as employers are usually allowed to hire replacement workers. -union workers do not receive pay but will often compensate their members while on strike

Wildcat stikes

Occurs when worker suddenly go on strike, presumably, without the authorization of the strikers union and while a binding labor agreement is still in effect

Rig Collapse hazard

Overloading beyond the rated capacity of the rig; improper anchoring/guying; improper raising and lowering the rig; existing maintenance issues with the rig structure which impacts the integrity

Record violations OSHA

Particularly for companies handling hazardous materials, meticulous records are required. It's not "stupid paperwork." It's the law.

Local Unions

Represent employees at a single organization or for a group or organizations in a localized area like a town

Prior petition bar

Sometimes union representatives will begin the process of petitioning for an election, but for whatever reason will withdraw that petition before the election takes place. In such cases, no election will be permitted to take place for the next six months.

The Taft-Hartley Act

The 1974 that amended many parts of the Wagner act by outlawing closed shops, prohibiting strikes in response to disputes, requiring that a union shop be approved by majority vote of employees.

Dod 5520.22-M Wipes

The Department of Defense recommends a particular protocol for the disposal of digital records

Occupational Safety and Health Administration (OSHA)

The administrative agency that enforces the standards established by Occupational Safety and Health Act. which sets and enforces protective workplace safety and health standards. Offers employers assistance with compliance, posters, resources, and other tools.

Affirmative Action

The attempt to redress discrimination and achieve diversity by increasing the representation of women and minorities in the workplace. seek to recruit traditionally underrepresented groups, to alter managerial and supervisory attitudes, and to remove discriminatory barriers. They typically set goals and timetables for increased diversity. - not meant to give preference to unqualified candidates

Bargaining in good faith

The concept that neither party engaging in a negotiation will act in inflammatory, provocative way, both will act reasonably in the interest of reaching a mutually beneficial agreement - should not provoke conflict (strike, decertification, etc.)

Age Discrimination Act

The law prohibits employers from discriminating against employees, or job candidates, on the basis of age. It covers workers who are 40 years of age and older. (An employer must have at least 20 workers to be covered by this law.) -hiring, firing, pay, promotions, layoffs etc.

Americans with Disabilities Act

The law protects qualified employees with disabilities and requires employers to make accommodations for the disabled .It prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities.

Risk Assessment

The process of identifying variables that have the potential to negatively affect an organizations ability to conduct business, and quantifying those variables in financial terms -Begins by identifying the factors that may potentially harm organizations

Decertification

The process of removing a labor union as the authorized representative of employees in a particular bargaining unit - required signatures of 30% of employees and one cannot be filed until the union has been certified for at least 12 months -NLRB will review and then hold a vote and if 50% of employees vote then they will no longer represent workers -HR and Managers can't participate in this process

Union Deauthorization

The process of removing a union security clause from an existing collective bargaining agreement. - does not do away with an existing union he National Labor Relations Board (NLRB) will only review a petition after at least 30 percent of employees have signed it. - vote will be held- 50% must for for it -HR and managers can't participate

Boycott

The refusal of union members and their supporters to buy products from a company being struck - want to hurt the company financially to strength union position

Termination for cause

The termination of an employee for a specific reason; the company can point to the behavior or performance of the employee, which protects it from wrongful termination suits - poor performance - violating company policy or rules - stealing or embezzlement - failing a drug or alcohol test - Insubordination - using company property for personal business - lying on a resume

Arbitration

The use of a third party to settle a labor dispute. - neutral third party by which both parties will abide

Internal Barriers: Glass Ceilings Act

These include many deficiencies of management as well as organizational culture. For example, managers may not effectively recruit members of underrepresented groups. Some organizational cultures may also systematically exclude members of protected classes from participating in activities that lead to professional advancement.

Electronic Communications Privacy Act

This act, passed in 1986, makes it illegal to monitor oral or wire-based communications unless an employer has a legitimate business need to do so or an employee consents to be monitored.

Voluntary Assumption of Risk

This rule recognizes that employees working in dangerous positions recognize and accept the risks they face.

Surveys

Typically provide quantitative data. Surveys ask employees questions that may require a forced-choice response - low or no cost - easy to design and implement - close to real-time data -employees may get annoyed at too many - information can be difficult to decipher

What is the National Labors Relations Board responsible for?

Union elections, union deauthorization, and union decertification.

Fire/Explosion/High Pressure release hazard

Well blowout, drilling/tripping out/swabbing etc. results in release of gas which might be ignited if not controlled at the surface; welding/cutting near combustible materials, uncontrolled ignition sources near the well head, e.g., heater in the doghouse, unapproved or poorly maintained electrical equipment; above ground detonation of perforating gun

Quid Pro Quo Harassment

When a person in authority, usually a supervisor, demands sexual favors of a subordinate as a condition of getting or keeping a job benefit involves employment actions (firing, demoting, promoting, or denying someone a promotion). This offense can be committed only by those who can make or effectively influence employment actions.

Closed Shop

When an employer agree to hire only union workers, and union workers must remain part of the union in order to stay employed; all employees must join the union if they are not already members -Taft-Hartley act banned in 1947

Hostile Work Environment Harassment

When co-workers and/or supervisor engage in unwelcome sexually-charged behavior making the workplace atmosphere intimidating, hostile or offensive - can be intentional or not -unfulfilled threats involved in a sexual quid pro quo -discussing sexual activities -telling off-color jokes -displaying sexually suggestive pictures or screen-savers on a computer -using demeaning or inappropriate terms -sabotaging the victim's work -engaging in hostile physical conduct -granting job favors to those who participate in consensual sexual activity -using crude and offensive language

Common situs

When other uninvolved employers and employees are subject to the consequences of picketing merely because they are present at the location of the union exercise Rules: - the targeted organization or organization representatives must be present at the site at the time of picketing - picketing must be done in a place that is reasonably close to where employees of the target organization are working - must make it clear who their target is, for example, by clearly specifying the targeted employer's name on picket signs.

Constructive discharge

When the employer has made the working conditions so intolerable that employees feel forced to quit - demoting an employee as a way of humiliating him - badgering or harassing - threatening termination - encouraging early retirement

Picketing

When workers representing the union march at the entrance to the employer's facility, often with signs explaining their reasons for striking

Whistleblower protection program

Which seeks to protect employees from retaliation and possible termination after they have aided OSHA in identifying violations in employee health and safety.

Pie charts

a chart that documents categories in proportion to a whole.

Corporate Campaign

aim to make it difficult for organizations to do business, with the intention that this pressure will force the targeted organization to give in to union demands. often try to rally the community to boycott or protest the organization, a process known as consumer picketing also look for ways to place legal or political pressure on an organization

Needlestick Safety and Prevention Act

aims to protect these workers by requiring that employers keep recordings of needlestick and sharps injuries, protecting employees who have been injured, and requiring employers to remain vigilant and explore devices that do away with needles and sharps or reduce the risk involved in working with them

How to help with repetitive motion

an help with this issue by providing ergonomic desks, chairs, and computer equipment. They might also offer training about the prevention of repetitive motion problems as well as offering physical fitness programs.

Committees

are groups that address ongoing issues within an organization. Some organizations may want to create an employee-management group that is made up of individuals from different levels within the organization

What employers are exempt from OSHA?

are those that are deemed low risk, or that employ 10 or fewer individuals.

Eligible Employees for union voting

are those who worked for an organization for pay during the period of the election and are employed on the day of the election. Employees who are sick, on vacation, on military leave, or have been temporarily laid off as of the day of the election are eligible to vote as well. Striking employees, even when new permanent employees have replaced them, may vote if the election takes place within one year of the start of the strike.

Tangible Hazards

are unsafe objects, conditions, or procedures that can cause an accident or another safety hazard in the workplace. - Real factors in the workplace not emotional or psychological

Lockout/Tagout Procedures

are used for preventing the release of hazardous energy when potentially dangerous equipment or is started up OSHA requires this. The procedure requires that relevant machinery be turned off and disconnected before maintenance services. It is then necessary that steps be taken to ensure the machinery will not be started back up until employees are safe and relevant inspections have been done to ensure the equipment will not release dangerous energy when turned back on. including electrical, mechanical, hydraulic, chemical, pneumatic, and thermal energy.

What is a catastrophe event in a work place? OSHA

as an incident that results in the hospitalization of three or more employees or the death of one or more employees.

Stress

can be defined as a sense of pressure a person feels when they believe their resources, either financial, time, job-related, or otherwise, are insufficient in meeting their needs.

Clayton Antitrust Act

clarified and strengthened many provisions of the Sherman Antitrust Act, but it specifically exempted labor unions from the law's provisions. It allows the use of injunctions to stop strikes only when there was a threat of damage to property.

Computer Fraud and Abuse Act

criminalizes "intentionally access[ing] a computer without authorization or exceed[ing] authorized access, and thereby obtaining . . . information from any protected computer." While initially passed to combat hacking, this act has also been used by employers to bring charges against employees who have accessed unauthorized information on electronic devices, systems, or networks owned by the organization.

The Fellow Servant Rule

employers are not responsible for injuries caused to an employee by a fellow employee. For example, an employer would not be liable for injuries caused to an employee during a physical altercation with a colleague, even if those injuries occurred on company property.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

enacted to protect the rights of military reservists who are called to duty in the armed forces. The law prohibits employers from discriminating based on past, current, or future military obligations Applies to all employers, regardless of size; it covers regular employees, but not temporary workers. - provide LOA for up to five years for active duty, boot camp, training, weekend duty or other obligations -no pay required -must provide same benefits as other LOA individuals -must given job once they return - even higher level positions they would have earned if they remained on the job -accrue seniority -Pension benefits are protected, vesting and accrual are treated as no gab Employees who return to work after a leave of more than 30 but less than 181 days cannot be fired without cause for six months; employees who return to work after a leave of 181 days or more cannot be fired without cause for one year.

Glass Ceiling Act

established a commission to study and identify the barriers that prevent many women and minorities from advancing into senior management. The commission found that individuals in protected classes* are likely to find it difficult or nearly impossible to advance to a senior management position in certain organizations.

Fair Labor Standards Act

established minimum wage, maximum weekly hours, and overtime pay requirements in industries engaged in interstate commerce. It also prohibited child labor by those under 16 years of age.

Societal Structural Barriers- Glass Ceilings Act

found that these barriers are caused by deficits of educational opportunities available to individuals in protected classes, as well as widespread biases.

National Labor Relations Act

guarantees workers the right to organize a union, to bargain collectively, and to engage in collective activities. It defines unfair labor practices, provides for secret ballots in union votes, and established the National Labor Relations Board (NLRB). The NLRB is responsible for ensuring compliance

EEOC

has played a major role in shaping EEO policies. The EEOC was established by Title VII of the Civil Rights Act of 1964 and is responsible for administering equal employment opportunity legislation.

What does the Hazard Communication Standard require?

identification of staff responsible for implementing and maintaining compliance identification of all hazardous materials found in the workplace preparation and implementation of the Hazard Communication Program labeling and other forms of warning the workers maintaining a Safety Data Sheet for each chemical, usually supplied by the manufacturer or importer employee training about the hazardous materials and how to keep safe

Taft-Hartley Act- LMRA (Labor Management Relations Act)

identified union activities that constitute "unfair labor practices." It says that employees cannot be forced to join a union or take part in union activities, and it forbids unions from requiring members to discriminate against colleagues who are not members of the union. It also prohibits unions from charging members unreasonably high membership dues.

Any Difference Rule

if 20 percent of workers available to perform a particular job are women, then this would require that at least 20 percent of the workers at a particular organization be women - not as common as other rules

80 Percent Rule

if the actual number of employees who are members of a protected class is less than 80 percent of the proportionate number of available employees, then that group is underutilized. For example, if women constitute 20 percent of the overall available workforce, then a company with 100 employees must employ at least 16 women. Otherwise, they'd be underutilizing individuals from that class.

Information Assets

include any data stored on the company's servers (including payroll, personnel files, etc.) as well as intellectual property, such as trade secrets and patents. Computer hacking is the most obvious threat -protecting employee privacy

Physical Assets

include buildings, plant and machinery, vehicles, and office equipment. could be damaged by fire to natural disaster to industrial sabotage. -develop a fire safety plan, or tornado safety plan

Financial Assets

include cash, securities, inventory, and accounts receivable. The greatest security threats to this are theft and embezzlement;

Collective Bargaining Agreement (CBA)

is a contract entered into by a union and the employees they represent and an employer. It covers a particular amount of time and will discuss varying issues based on the needs and negotiations of the employer and the union. Some common clauses included in collective bargaining agreements

Tort

is a legal action taken by someone who feels they've been wronged by another's failure to meet an obligation. This obligation may be established by common law doctrine, or it may be a voluntary obligation entered into through a contract.

Excelsior List

is a list that contains the names and addresses of all employees in the bargaining unit of a union. must be provided to the NLRB after it has been determined that an election will take place.

Constructive Confrontation

is a mediation method designed by Guy Burgess and Heidi Burgess that aims to resolve disputes that involve parties who are unable or unwilling to consider other resolutions. attempts to address the primary dispute by recognizing and addressing secondary disputes. This involves identifying both the primary issue at the core of the conflict, as well as other conflicts that arise as a result of that central disagreement. Once secondary issues are resolved, the constructive confrontation method proposes it will be easier to resolve the central dispute with less hostility.

Federation

is a type of union that is composed of a collection of national unions representing employee in related industries

Employment-at-will

is an employment arrangement in which the employee can be terminated at any time, without warning, and without the employer having to show just cause for the dismissal. -employees are free to leave a job at any time without having to provide notice

Promissory Estoppel

is common-law protection that may require an employer to follow through on promises made to an employee in certain situations Employers may be required to keep promises made to employees when employees are promised a particular reward in response to a particular action, and the promise is clear, specific, and reasonable.

Union Security Clause

is intended to protect the strength of and support for the union and, in particular, to protect the financial status of the union -agency shop clause - union shop clause

Safety Training Programs

is one of the most important and effective ways for an organization to protect its human assets A risk assessment identifies the safety hazards that are present in the workplace Specific hazards are investigated to see if they can be eliminated or reduced by employee training For those hazards that can be addressed through training, further research specifies what information employees need to know Based on the employees' information needs, specific training goals are established Based on the training goals, a training program is created and implemented Program results are evaluated and, if necessary, changes are made

Collective Bargaining

is the process of an established union negotiating a contract with an employer. Both sides state what they want from the other. Ideally, discussion, compromise, and horse-trading result in a contract that both sides feel comfortable accepting. The result is then presented to union membership for a vote.

Zipper Clause

is to prevent the reopening of negotiations once a contract is in place the relevant parties assert that the collective bargaining agreement is the exclusive agreement between those parties and that anything not included in the collective bargaining agreement is, therefore, not part of the agreement.

OSHA Form 300

is used to report work-related injuries and illnesses. On this form, an employer records information about the type of injury or illness, how the injury or illness was caused, identifying information about the individual who was injured or became ill, and where and when the injury or illness took place. - must be completed within a week - log of work-related injuries and illnesses

Double breasted picketing

may occur when an individual or entity owns two businesses, and where a union represents employees of one business but not the other Employees have historically been prohibited from striking at an organization that is not a union shop but is owned by the same person or entity that is a union shop—so long as the two organizations are legitimately separate and have different management, equipment, and customers. Okay when: that contract negotiations may consider the joint representation of employees at different businesses in these circumstances, and that if that idea is resisted during negotiations, strikes may be justified

Lockouts

occurs when a employer denies employees access to the workplace -employers must show a legitimate business need for locking out employees -monitored by the government

Sympathy Strike

occurs when members of one union strike to support the negotiations of another union that is in a dispute with an employer, though the union engaged in the sympathy strike has no direct conflict with that employer. -Most cases are illegal and considered unfair labor practices

Slowdowns

occurs when workers perform their jobs at a much slower pace than normal

Secondary boycott

people refuse to patronize companies that handle the products of the targeted company

Business Continuity Plans

plans specify how an organization will continue to function during and after an emergency. natural (natural disasters such as hurricanes, floods, fires, or earthquakes); manmade (terrorism, thefts, computer hacking, labor disputes); and biological (epidemics or bioterrorism). Other threats to continuity can include the unexpected death or resignation of a key employee, such as the company CEO.

Stored Communications Act

protects the storage of electronic communications like emails. In general, employers are not prohibited from accessing communications stored on their wire or electronic communications services (for example, employer-provided email service). However, companies should announce this policy.

Focus Groups

provide qualitative information about how employees feel or are responding to some aspect of their employment. They are conducted with a group of employees at once. They are sometimes used to complement surveys because they can provide more in-depth information - Have to be structured and guided - purpose needs to be clear - Represent the employee population well - Ask open ended questions that can lead to discussion

OSHA Form 301

provides more information about incidents of illness and injury that can be provided on the OSHA Form 300. This form requires that the employer provide information about where an employee has been treated for injury or illness, and who the treated physician is. Detailed information about the employee's actions prior to the incident is also required, as well as information about the causes of the incident. This form is known as the Injury and Illness Incident Report.

Hot cargo agreement

re agreements between an employer and a union that require the employer to stop doing business with another organization. -unlawful and constitute unfair labor practices

National Unions

represent employees across the US that are made up of a collection of participating local unions

International unions

represent employees in multiple countries

Agency shop clauses

require that employees pay union dues regardless of whether they choose to join the union, with the aim of thereby encouraging employees to become union members.

OSHA Record Keeping

requires businesses with more than ten employees to keep complete and accurate records of work-related illnesses and injuries. Employers in industries that have been specifically identified as "low-risk" are partially exempt from this requirement.

Stress Hazards

rise from extreme emotional or physical stress and can lead to anxiety, panic attacks, exhaustion, and heart problems.

Outplacement services

services provided voluntarily to a terminated employee to assist in the search for another job

Fire Prevention Plans

should indicate what fire hazards exist and how they should be addressed. It should also identify the appropriate equipment for extinguishing fires and where that equipment is stored. Finally, it should indicate how potentially flammable or combustible materials should be disposed of.

Union Shop Clause

they require that all employees join the union that represents the bargaining unit for that employer. Typically employees are granted a grace period and must join the union during a specified amount of time following the signing of a contract.

Equal Pay Act 1963

this law "requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal. Job content (not job titles) determines whether jobs are substantially equal. All forms of pay are covered by this law, including salary, overtime pay, bonuses, stock options, profit sharing and bonus plans, life insurance, vacation and holiday pay, cleaning or gasoline allowances, hotel accommodations, reimbursement for travel expenses, and benefits. If there is an inequality in wages between men and women, employers may not reduce the wages of either sex to equalize their pay."

Sherman Antitrust Act

was intended to prevent organizations from inhibiting or restricting free trade. While it was originally meant to rein in the monopolistic practices of big-business trusts, the courts ruled that the law's prohibition of "restraint of commerce" applied to labor union strikes and boycotts, as well. By allowing legal injunctions to be used to stop strikes and boycotts -first federal law that had an impact on organized labor

Railway Labor Act

was intended to prevent railroad and airline strikes from resulting in significant trade and transportation problems. It requires employees in these industries to seek alternative dispute resolution methods before resorting to a labor strike he act says the President may declare a national state of emergency when trade and transportation are significantly impaired by a labor strike, which would require striking employees to return to work for 90 day

Misconduct termination

when an employee violates workplace rules or a code of conduct or behavior that is harmful to others or crimes like theft

Respondeat Superior

which comes from the Latin for "let the master answer," is a common-law protection which holds the employer responsible for the actions of his or her employees when they are acting on behalf of, or are performing tasks for, the employer. In some cases, an employer can be held accountable for any civil offenses committed by an employee even if the employer was not aware of the employee's actions.

Salting

which involves unions employing individuals to apply for a position at an organization where the union hopes to become authorized to represent the employees. Once hired, the union delegate can begin advocating for the union from the inside

Uniform Guidelines on Employee Selection Procedures

which is a set of rules that state that all procedures used for staffing decisions must be valid and relevant to job performance.

Organizing Union

within an organization work to construct a union - Salting