Employee and Labor Relations (40%) (part 1)

Presenting & Reporting Data

Forming a narrative around the collected data, including the motivations and problems that inspired your analysis, can help motivate your audience to do something in response to your findings. Presentations should be tailored to the audience. Common types of data visualizations (presentations): 1. Frequency Distributions 2. Histograms 3. Bar Graphs 4. Pie Charts 5. Line Graphs

National Labor Relations Act of 1935

(Also called the Wagner 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 with the NLRA.

Common Law

(civil law) a law established by following earlier judicial decisions. it is distinct from but equal in importance to the body of law established by legislation passed by Congress, and regulations issued by the executive branch of the federal government. Violations of common law may lead to torts

Best practices for prevent sexual harassment

- Establish written policies that specifically address sexual harassment and a hostile work environment - Train employees on recognizing, avoiding, and preventing sexual harassment - Establish Internet usage policies that address technology and sexual harassment (sexually explicit e-mail, offensive screen savers, pornography downloaded or forwarded within the organization) - Managers and supervisors should lead by example, avoiding any sexually-charged behavior - Managers and supervisors should intervene and stop any clearly offensive behavior Treat any complaint or report of offensive conduct or sexual harassment seriously and explore promptly - Alert human resources or other designated contacts in the organization about complaints or reports - Communicate with involved parties, but protect privacy and confidentiality rights - Avoid overreacting or jumping to conclusions Document all information gathered in the investigation of a claim - Intervene and stop any retaliation against complaining parties

Sexual Harassment investigation

. 1. Step 1 - Complaint received. Investigator assigned to the case (usually HR) 2. Step 2: Interview complaning employee. The investigator will ask the complaining employee several questions: - What is the nature of the relationship, if any, with the alleged offender(s)? - Which other employees might have seen or heard about the conduct in question? - Are there other employees who may have had a similar experience with the alleged harasser(s)? When and where did each incident occur? (A chronology) - If there's been a delay, why wasn't the incident(s) reported earlier? - What can the employer do to correct the problem? - Any supporting evidence (e-mails, photographs, notes, etc.) will be collected from the complaining employee. 3. Step 3: Interview of employee(s) accused of harassment. The investigator will review the charges with employee(s) accused of harassment and will record their account.The alleged offender(s) will be asked to confirm or deny specific allegations. 4. Step 4: Interview witness(es)The investigator will record the accounts of any witnesses to the incidents. 5. Step 5: Consideration of the claim and its veracity. The investigator will review the interviews and any evidence gathered and decide whether the complaint is valid.The investigator may conclude that the claim is valid (sexual harassment occurred), that it is not valid (it did not occur), or that it is impossible to tell what really happened. 6. Step 6: Resolution of complaint: Management will decide what action to take based on the investigation.Disciplinary measures can include an oral or written warning, demotion, suspension, or termination of employment.If the complaining employee is not satisfied with the outcome, he or she can file a complaint with the EEOC or state agency handling such claims, or file a lawsuit.Retaliation against anyone making a complaint of sexual harassment is unlawful, as is retaliating against those helping someone else complain or providing information about a complaint.

Common Law Doctrines Relevant to HR

1. Constructive Discharge: a situation in which an employer has made the workplace so hostile and unpleasant that an employee chooses to quit. Many states allow former employees to sue in cases of constructive discharge, but the standard of proof varies considerably. 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. 2. 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. If information is released that is either false or not relevant to how well an individual can perform or has performed his or her job, then an employer may be legally accountable for any damage that occurs as a result of the release of that information. 3. Employment at will: a situation in which the employee can be terminated at any time, without the employer having to show just cause for the termination (the person can quit at any time too). The ability of employers to fire at-will employees has been restricted considerably in the last 60 years, both by federal statutes and judicial decisions. 4. Promissory estoppel: 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. 5. Respondeat Superior: 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.

The Unionization Process:

1. Generate interest among employees 2. Collect signed authorization cards (Union advocates must get signed authorization cards from at least 30 percent of eligible voters who will be represented by the union to move forward.) 3. Petition NLRB to hold election (If the employer opts to recognize the union, and if authorization cards have been signed by more than 50 percent of eligible employees, then the union officially comes to represent the bargaining group.) 4. Holds Secret Ballot Election (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.) 5. Sign up members and elect officers: 6. Engage in collective bargaining over first labor contract: 7. Sign labor contract 8. Employ grievance procedures to resolve disputes

Types of Unions:

1. Local Unions: represent employees at a single organization or for a group of organizations in a localized area like a town. 2. National Unions: represent employees accross the US and are made up of a collection of participating local unions 3. Federation: a type of union that is composed of a collection of national unions representing employees in related industries 4. International Unions: represent employees in multiple countries

Measurement Bias

A bias that occurs in data that is collected that results when the sample used is not representative of the population being tested.

Bargaining in good faith

A broad term, ultimately defined by the NLRB, it means neither party should make demands or behave in a way that indicates it is interested in provoking conflict (strike, decertification vote, etc.) rather than reaching an agreement.

Pie Chart

A chart that documents categories in proportion to a whole.

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. Can lead to imposed settlement terms

grievance

A formal complaint against an employer, usually lodged by a labor union on behalf of an individual employee or group of employees

Progressive Discipline

A formal discipline process in which the consequences become more serious if the employee repeats the offense with termination being the final result if behavior is not changed. Documenting each step is key to ensure that organizations remain compliant and have the legal evidence to justify terminations. Progressive discipline is a form of organizational due process. According to due process, employees will be notified of impending actions and will be allowed to defend themselves if necessary before any employment decisions are made. There are two main reasons for terminating employees: The first is misconduct when an employee violates workplace rules or a code of conduct. Misconduct can also include gross misconduct—behavior that is harmful to others or crimes like theft which may lead to immediate termination. A second reason for firing an employee is unsatisfactory performance. Progressive discipline deals with both Typical steps involved in a progressive discipline process - each step should be documented: 1. Verbal warning 2. Written Warning 3. Suspension with a written warning 4. Termination There may be an appeal process (recommended) before the termination decision is made in which an employee has a chance to defend themselves before the final termination is made. Progressive discipline must be administered consistently for all employees to avoid discrimination

Boycott

A group's refusal to have commercial dealings with some organization (such as buying their products) in protest against its policies

Excelsior List

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

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute.

Focus Groups

A strategy to obtain data from a small group of people using interview questions. Participating employees should accurately represent the population of employees who are of interest. For example, a focus group that aims at identifying ways in which new employees struggle to adapt to a company's practices and expectations may only involve employees who have been with the company for two years or less. The goals of the focus group should be transparent whenever possible. Furthermore, the questions asked by the focus group leader must be well-designed. Good questions encourage conversation — not yes or no answers — and elicit specific responses to specific questions. Good questions: 1. "What are the two most important changes in the new benefits plan?" 2. "What is the most positive aspect of the new benefits plan, and why?" Bad questions: 1. "Do you like the new benefits plan?" 2. "Are you satisfied with your manager? focus groups can be time-intensive, and data collected can be challenging to interpret. Furthermore, group dynamics can suppress or significantly alter collective opinions. Some people may not feel comfortable speaking up around their peers, especially if they are inclined to disagree with popular opinion. Also, particularly vocal employees may make it seem as if the members of the focus group all agree about, when in fact they do not.

Frequency Distributions

A table that summarizes the frequency of each measured value within an analysis. (ex. The amount of people in the 10-20k salary range in a company and so on)

Employee Involvement Methods

A way to ensure that employees feel positively about the organizational climate. Some common methods below: 1. Suggestion boxes 2. Task forces: a group that is brought together to research and recommend solutions for problems. The task force only exists for as long as the problem remains an issue. Once the problem has been addressed, the task force disbands. 3. Committees: groups that address ongoing issues within an organization. Some organizations may want to create an employee-management committee that is made up of individuals from different levels within the organization. 4: Delegation of authority: By delegating authority, managers demonstrate to their employees that they trust them to do their jobs without waiting for approval before making certain decisions. 5. Work Teams: Employees who work together every day to complete their assignments may form work teams. Work teams may work in-person or virtually from different locations. Work teams may receive assignments from a manager, or they may be self-directed, deciding internally how they will schedule work, who will complete jobs, and how members will be held accountable. 6: Employee Surveys: Surveys provide a way for employees to communicate their ideas and perceptions of an organization's climate

Equal Pay Act of 1963

According to the EEOC, 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."

Sympathy strike

Action taken in support of another union that is striking the employer. In most cases, sympathy strikes are illegal. Sympathy strikes (also known as secondary strikes) are typically considered unfair labor practices.

Taft-Hartley Act (1947)

Also called the Labor Management Relations Act. This act was Congress' response to the abuse of power by unions. Outlawed closed shops; prohibited unions' unfair labor practices, and forced unions to bargain in good faith. 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.

Prior petition bar

An NLRB election is barred because a prior election petition was withdrawn by the requesting party within the past six months.

Strike

An organized work stoppage intended to force an employer to address union demands. The union's tool of last resort—powerful but risky, as employers are usually allowed to hire replacement workers.

Unfair labor practice (ULP)

Any practice performed by an employer or union that violates any of several labor law provisions; typically it is the union that files this complaint against the employer. Such complaints are handled by the NLRB These can be filed by employee, employer, or union rep. NLRB notifies the accused party of the accusation and receives a note from the party that they understand the charges. The NLRB then assigns an agent to investigate the allegations. The investigator makes a recommendation to the regional director of the NLRB who then decides to either dismiss the case or issue a complaint. Complaints may result in either formal or informal settlement agreements, depending on the severity of the accusation.

Statutory bar

Bar that prohibits a union-representation election in a bargaining unit when one has been held during the preceding 12-month period.

Voluntary-recognition bar

Bar that prevents a union-representation election for a reasonable period of time after an employer has voluntarily recognized a union as the representative for a bargaining unit.

Clayton Antitrust Act (1914)

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.

Utilization analysis

Compares an organization's workforce to the available labor supply in terms of gender, race, and ethnic composition. 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. there is no single way to determine when underutilization occurs. The strictest interpretation of the rule requires that the representation of employees who are members of protected classes be no less than the availability of individuals from those protected classes in the general workforce. Thus, if 20 percent of workers available to perform a particular job are women, then the Any Difference rule would require that at least 20 percent of the workers at a particular organization be women. Perhaps the most common way to analyze utilization is with the 80 percent rule. According to this 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.

Affirmative action

Created by executive order 11246. attempt to increase the representation of women and minorities in areas of employment where they have been underrepresented. Affirmative action policies and initiatives are meant to address past and current discrimination against women, racial and ethnic minorities, people with disabilities, and most military veterans. Organizations with more than 50 employees that receive federal contracts totaling $50,000 or more, that are members of the federal banking system, or that sell, issue, or redeem U.S. Savings Bonds are required to develop affirmative action programs. Other organizations may voluntarily develop such plans. Affirmative action programs consist of 3 key elements: 1. Utilization Analysis 2. Development of goals and timetables 3. Development of action steps

Wildcat strikes

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

Strategies for establishing good communication within an org:

Effective communication strategies are important for maintaining a healthy organizational climate and making sure a business runs effectively and efficiently. - Open door policies - Management by walking around - Department staff meetings - Town-hall meetings: formal meetings where all employees and managers meet to receive information about the organization. While most information is delivered to employees during these meetings, sometimes there may be opportunities for two-way communication. - Brown bag lunches: These informal meetings allow employees to discuss various issues and concerns they might have in a relaxed setting, and involve both managers and employees.

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.

When employers are liable for sexual harassment

Employers are liable if they knew or should have known of the sexual harassment and failed to take immediate and appropriate corrective action. Employers are usually deemed to know of sexual harassment if it is: - openly practiced in the workplace; - well-known among employees; or - brought to the employer's notice by a victim's filing a charge. Employers may protect themselves from liability by taking immediate and appropriate corrective action. Employers can be held legally responsible for sexual harassment by a manager or supervisor and can be fined heavily.

Glass Ceiling Act of 1991

Established commission to determine whether a glass ceiling exists and identify barriers for women and minorities. As a result, the OFCCP conducts audits of the representation of women and minorities at all corporation levels. Individuals in protected classes faced multiple barriers to advancement, including governmental barriers, societal barriers, and barriers within an organization's internal structure. Governmental Barriers: 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. Societal Structural Barriers: The commission established by the Glass Ceiling Act found that these barriers are caused by deficits of educational opportunities available to individuals in protected classes, as well as widespread biases. Internal Barriers: 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. Women and individuals who are members of minority groups may be explicitly excluded from activities like mentoring or training, or they may implicitly be made to feel unwelcome or ignored. The Equal Employment Opportunity Commission conducts audits of organizations to determine what barriers women and minorities face within particular organizations.

National Labor Relations Board

Etsbalished by the Wagner Act. The agency responsible for union elections, union deauthorization, and union decertification.

hot-cargo agreement

Hot-cargo agreements (also known as hot-cargo clauses) are agreements between an employer and a union that require the employer to stop doing business with another organization. Hot-cargo agreements are unlawful and constitute unfair labor practices.; a type of secondary boycott explicitly prohibited by the Labor-Management Reporting and Disclosure Act of 1959.

Methods of collecting feedback:

Human resource managers collect information from the employees they oversee. This information includes various qualifications, certifications, and biographical data about those members of the organization. It also may include information about how those employees feel about their work, their peers, and their employers. 1. Social Media Data: Can provide important information about employees and candidates, like their qualifications and aspirations. data collected from social media raises a lot of issues related to employee privacy, and managers who want to use such data must be careful not to break any laws or jeopardize a company's reputation by doing so. 2. Focus Groups: provide qualitative information about how employees feel or are responding to some aspect of their employment. They are sometimes used to complement surveys because they can provide more in-depth information. Focus groups are also especially valuable after some change or reorganization occurs within an organization. 3. Surveys: typically provide quantitative data. Surveys ask employees questions that may require a forced-choice response. For example, the employee may rank his or her experience with some new company policy on a scale from 1 to 5. Advantages are that they tend to be low- or no-cost. They are also easy to design using free or inexpensive platforms. Because surveys can be created and analyzed quickly, it is possible to track changes in employee attitudes in close to real-time. Surveys can also be repeated rather easily, making it simple to compare changes in survey responses over time. Disadvantages are that employees may suffer from survey fatigue if this method of data collection is used too frequently. Furthermore, surveys provide a limited amount of information. It can be difficult to decipher causal information from survey results, so more information is likely to be needed before changes are implemented in response to survey findings. Interviews: qualitative data Interviews provide qualitative information about what an employee thinks and how she feels. Certain situations require that interviews be tailored in various ways (ex: appraisal interview is diff from hire interview and exit interview). Effective interviews must be structured, planned, and the interviewers should be trained in interviewing skills. These measures must be taken to ensure that the interviews are fair and consistent. Exit Interviews: The goal of an exit interview is to gain insight into why an employee has decided to leave. Managers should use exit interviews as an opportunity to determine whether there are any systemic reasons to explain why certain employees may be at risk of seeking employment elsewhere and whether changes are needed if such reasons are identified. Disadvantages are that employees may not be honest about reasons for leaving results may be subject to measurement bias because it only focused on a select group of people (basing decisions only on people leaving may not make sense or may not be relevant for those who stay).

Certification-year bar

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

Histograms

Often used to illustrate data broken down into intervals, demonstrating the frequency of data distribution at each interval. A histogram is a graph that displays continuous data. The vertical bars in a histogram 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. Used when data is continuous the bars touch each other For example, employees might be asked to rank their experiences with a new initiative on a scale of 1-5. A histogram would show how many people responded with 1, 2, 3, 4, 5.

Line Graphs

Often used to show how trends change over time. Time is represented along the horizontal axis, and the variable that was measured or analyzed is represented along the vertical axis. Changes in the line represent changes in measurements of that variable over time. Plots the relationship between two or more variables by using connected data points. These are handy where there is time-series data to be summarized. They are appropriate where the data are continuous. I.e. Vacation days and years of employment (how many days do people take based on tenure?)

Development of goals and timetables (for affirmative action)

Once an employer has determined that an affirmative action program should be instated, the next step is to develop a set of goals that the company would like to achieve as well as a timetable for achieving those goals. The goals a company sets may indicate the protected classes* that are underutilized and a sense of how many new hires from those protected classes would be needed to achieve a fair representation of the labor force. However, the use of specific and inflexible quotas is illegal.

Blocking-charge bar

One of the bars to union-representation elections, based on pending charges of unfair labor practices that prevent unions from petitioning the National Labor Relations Board (NLRB) for an election.

Contract bar

One of the bars to union-representation elections, which prevents an election when a valid collective bargaining agreement (CBA) is already in place.

Railway Labor Act of 1926

Passed in 1926 and amended in 1936. 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. Furthermore, the 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 days.

Collective Bargaining

Process by which a union representing a group of workers negotiates with management for a contract Conducted by labor lawyers retained by both parties with the active participation of union leaders and company management, bargaining is a highly legalistic form of the kind of negotiating that goes on in any business or political deal.

Union Security Clause

Provision in a negotiated labor-management agreement that stipulates that employees who benefit from a union must either officially join or at least pay dues to the union

Bar Graphs

Represents data that is distributed over groups or categories. While a histogram measures how continuous data is distributed over various ranges, a bar graph measures data that is distributed over groups or categories. For example, a histogram would be appropriate to display how many people fall in various ranges of heights, as height is an example of continuous data. Bar graphs, though, would be more appropriate to measure how many people are from each state, as states are an example of discrete categories. Bars don't touch each other.

Common situs picketing

Situation in which lawful picketing of a primary employer also affects a secondary employer that occupies common premises; employers may establish separate or reserved gates, one for the struck employer and the other for all other employers.

grievance procedure

Step 1: a union representative presents the grievance to the employee's immediate supervisor. 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. Step 2: 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 Step 3: 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 Step 4: 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.

Layoff

The discharge of an employee due to changes in the company structure or finances. Through no fault of the employee

Development of action steps (for affirmative action)

The organization must develop a set of action steps it will take in order to achieve its goals in the allotted time. Common steps include: - 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

Union Decertification

The process of removing a labor union as the authorized representative of employees in a particular bargaining unit. the Taft-Hartley Act made this possible. The petition requires the signatures of 30 percent of employees, and one cannot be filed until the union has been certified and in place for at least 12 months. After signatures are collected, the petition will be reviewed by the National Labor Relations Board (NLRB). The NLRB will then hold a vote, and if at least 50 percent of employees vote for decertification, then the union will no longer represent workers at that organization. Employers, including HR professionals and managers, must not participate in the decertification process. Doing so would make the organization vulnerable to an Unfair Labor Practice charge.

Zipper clause

The purpose of this clause is to prevent the reopening of negotiations once a contract is in place. When including a zipper clause in a contract, 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.

Wrongful termination

The right of an employee to sue his or her employer for damages if he or she is terminated for an unacceptable reason: These can incur large legal fees and settlement fees for the organization. Three exceptions to protect at will employees from wrongful termination: 1. 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. 2. through common law exceptions, employees are protected by "implied contracts," such as guidelines in an employee handbook. 3. public policy exemptions protect an employee from being fired for refusing to break the law. Employees may claim constructive discharge while pursuing wrongful termination lawsuits (working conditions were so miserable they needed to quit). A wrongful termination suit can be filed if a dismissed employee believes that his or her civil rights were violated. The question of discrimination can almost always be raised, even when a company dismisses groups of workers or whole departments in a mass layoff. If layoffs target older employees or other protected classes of employees, they can be seen as discriminatory.

Sexual Harassment

These cases are handled by the EEOC. Defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. submission to or rejection of the conduct by an individual is used as a basis for employment decisions affecting such individual, or 2. submission to or rejection of the conduct or request is used as a basis for employment decisions, or 3. 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." Two types: 1. quid pro quo harassment 2. hostile work environment harassment

Norris-LaGuardia Act of 1932

This law protects employees' rights to organize, peacefully strike, picket, and boycott. 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.

Quid pro quo harassment

Type of sexual harassment that occurs when an employee is forced to choose between giving in to a supervisor'a sexual demands and forfeiting an economic benefit such as a pay increase, a promotion, or continued employment.

Union Deauthorization

Union deauthorization does not do away with an existing union; rather, a deauthorization election is held to decide whether to keep or remove a union security clause from an existing contract. A security clause, which requires all employees to be members of the union (or at least to pay the union for representing them through collective bargaining) is typically negotiated by the union during contract bargaining but can be removed by a deauthorization election at any point during the life of the contract. the Deauthorization petition must be signed by 30% of the members of the bargaining unit.

Closed Shop

When an employer agrees 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.

Slowdowns

When laborers purposely work slowly in order to get management to take notice and create better working conditions

Picketing

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

Lockouts

a company tool to fight union demands by refusing to allow employees to enter its facilities to work

Collective Bargaining Agreement (CBA)

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 are introduced below. 1. Union Security Clause 2. Zipper Clause 3. No Strike/No Lockout Clause

Labor Union

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

hostile work environment sexual harassment

a situation in which coworkers or supervisors engage in unwelcome sexually-charged behavior making the workplace atmosphere intimidating, hostile, or offensive. They can include: - 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

Tort

a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability. A 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.

Sherman Antitrust Act (1890)

allows the government to break up companies with control of a market; prevents monopolies 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, the Sherman Act was the first federal law that had an impact on organized labor.

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 Corporate campaigns may attack an organization in several different ways. Such campaigns often try to rally the community to boycott or protest the organization, a process known as consumer picketing. Corporate campaigns may also look for ways to place legal or political pressure on an organization.

Constructive Confrontation

designed by Guy & Heidi Burgess, it is a mediation method designed to address complicated disputes in which all parties are unwilling to consider alternative solutions. It proposes that most disputes can be resolved if secondary issues are addressed before primary issues

Tactics for resolving impasses

different union and management tactics that can be employed to resolve such an impasse: 1. Strikes 2. Wildcat strikes 3. boycots 4. picketing 5. lockouts 6. slowdowns 7. mediation 8. arbitration

Termination for cause

job loss that occurs when an individual is fired from an organization for a particular reason; the individual has usually been warned one or more times about a problem and either cannot or will not correct it Types: - Poor performance - Deliberately violating company policies or rules - Stealing or embezzlement - Failing drug or alcohol test - Insubordination - Using company property for personal business - Lying on CV

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. However, the National Labor Review Board has determined 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.

Arbitration

settling a dispute by agreeing to accept the decision of an impartial outsider Invited into stalemated agreement by both parties, a neutral third party makes a decision by which both parties will abide.

union security clause

stipulates workers who reap union benefits must either join the union or pay dues to the union. Two main types Agency Shop Clause: 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. Organizations operating with an agency shop clause are called agency shops. Even when such clauses are included in a CBA, unions must not charge their members excessive dues or dues that are out of line with employee salaries, or else they commit a union unfair labor practice. Union Shop Clause: 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.