HRMG 480 Exam 1

laboratory conditions doctrine

"General Shoe doctrine"

employer responses to the labor movement- injunctions (legal)

"court order"

class conflict

"critical industrial relations school view" - a social conflict of unequal power relations

unitarist view of conflict

"human resource management school view" - conflict is not seen as an inherent or a permanent feature of the employment relationship. It is seen as a manifestation of poor hr management policies or interpersonal clashes such as personality conflicts

pluralist view of conflict

"industrial relations school view" -employers' drive for higher profits conflict with labor's desire of higher wages

industrial relations school

"institutional labor economics school" - labor problem stems from unequal bargaining power between corporations and individual workers - solution is to increase workers' bargaining power by forming independent labor unions and pursuing collective bargaining - labor unions are important

servicing model

"insurance"- workers pay dues, and in return they are protected against bad times - workers do not participate in a union, rather they use union services

human resource management school

"personnel management school" - believes that the labor problem stems from poor management - labor unions are unnecessary

critical industrial relations school

"radical perspective" -emphasizes that capitalist institutions do not simply exist but are created by society (such as through laws governing market transactions or business incorporation, and through social norms governing acceptable behaviors). - focus on how dominant groups design and control institutions to serve their own interests, albeit imperfectly due to resistance from competing groups - labor unions are important but inadequate

How organizing begins

"salting"

Industrial workers of the world

"wobblies" - radical and militant approach

'Quickie'/Ambush Election Rule (The NEW rule)

- NLRB tentatively determines the bargaining unit - election could occur between 14-20 days from the election petition, giving ER significantly less time to identify issues or concerns, and communicate their views to EEs - ER can file briefs challenging bargaining unit composition after election is held - ERs must also furnish personal email addresses and phone numbers as part of the Excelsior list

Wagner Act of 1935 (National Labor Relations Act) CREATED:

- National Labor Relations Board - "R" cases: conducting representation elections (bargaining unit, exclusive bargaining agent) - "C" cases: investigating and ruling on ULP cases (cease and desist order, require back pay, petition for court order)

proponents of RTW policy

- RTW laws promote economic freedom because they enable workers to choose whether to join a union in a unionized workplace - remove barriers to labor mobility and thereby enhance economic efficiency - boost labor force participation - lower the cost of doing business and increase productivity - make a state more attractive to potential businesses - ultimately lead to more rapid employment and output growth and higher levels of economic prosperity

Railway Labor Act of 1926 KEY PROVISIONS:

- applies to both rail and air carriers - non managerial employees may designate their own bargaining reps, free from employer interference - winner of representation election becomes exclusive bargaining agent within the unit - employer must recognize and negotiate with union

Wagner Act of 1935 (National Labor Relations Act) KEY PROVISIONS

- applies to most private sector employees - Sec. 7 provides the right to a range of concerted activity (to form and assist a union, to collectively bargain, to strike or take similar concerted action) - Sec 8 description of ER unfair labor practices (ULPs) ( to interfere with, restrain or coerce EEs, imposes duty to bargain in good faith)

who collects the dues?

- collected at the local level (can come out of payroll deduction automatically and go straight to the unions bank account) - Local unions pass along a portion of what they collect to national union and/or federations Nationals and Federations are covered by the Labor Act

voice

- collective bargaining with certified union is required - formal grievance procedures ensure due process

local unions (two major types: craft or industry union)

- committees, and stewards handle day-to-day affairs - sometimes they also have "business agents": acts on the unions behalf to make sure the agreement has been done -usually affiliated with, chartered by a national union

Labor federations

- coordinates activities among nationals - focuses on: advocacy of labor causes

management strategy/tactics

- counter strategy/tactics - neutrality agreement - contest proposed bargaining unit -conduct meetings

Haymarket Tragedy

- drive for an 8 hour work day

three routes to unionization in order of commonality

- election by "secret ballot" (representation petition based on "signed authorization cards", 30% is needed, annual election conducted, greater than or equal to 51% is needed, NLRB certifies union as the winner) - voluntary recognition by employer - NLRB directive (gassel doctrine)

national union involvement

- employment law - the economy and trends toward globalization - political action (electoral politics, lobbying)

King against the Journeymen-Taylors of Cambridge (1721) - ____ _____ are free to bargain with employers and withhold their services - ____ ____ constitutes a conspiracy, which is a criminal offense

- individual workers - conserted action

conspiracy doctrine

- joined together and refused to work unless their terms were met, the shoemakers were viewed as conspiring to harm the community bc shoe prices and unemployment would increase profits and would fall

Opponents of RTW policy

- lower union membership and read overall labor influence - allow non-union members to receive the benefits of the bargaining efforts of unions and thereby "free ride" on union members in unionized work places - reduce wage rates - increase income inequality -reduce middle-class spending power, and diminish overall economic activity in states - violate economic freedom because they invalidate a collective bargaining agreement that was negotiable

Railway Labor Act of 1926 CREATED:

- national mediation board to oversee representation elections, mediate deadlocked disputes - national railroad adjustment board (consisting equally of union and management members) to settle grievances

becoming a steward

- no change in attitude toward management - positive attitude toward union

Goal of Wagner Act (National Labor Relations Act)

- prevent disruption of commerce due to labor disputes - level the playing field between labor and management - when bargaining in good faith, there is no requirement that you produce an agreement or a concessions, they are just required to negotiate.

(Inter)National unions

- prime source of power in labor movement - ability to support and control locals - coordinates organizing of new members and collective bargaining with large ERs - strike funds -focus heavily on political actions (donating to campaigns)

Norris-Laguardia Act of 1932 KEY PROVISIONS

- prohibits court injunctions on specific union activities (ex: strikes, being a union member, assembling to organize) - unless there is violence/destruction - prohibits yellow dog contracts - thus, it effectively ends the legal doctrine that collective activity is a conspiracy or an antitrust violation - an unions can strike, boycott, etc. without worrying about a federal injunction

union strategy/tactics

- public relations campaign - internal campaigning - generate list of internal contacts (excelsior list) - bargaining committee before election

efficiency

- turnover is lower - restrictions on use of merit and work rules (ex: featherbedding is higher) - productivity is about even - profits are lower - shareholder value is lower - ER investment in union facilities is lower - Movement from labor to capital is higher

equity

- wages are higher - wage structure is more compressed - employee benefits are more likely -just cause provisions more likely -seniority is more likely considered in HR decisions

'Quickie'/Ambush Election Rule (PRIOR)

-ER can file briefs with NLRB to assert their views on the bargaining unit - NLRB considers this before determining the bargaining unit - election usually occurs 38 days (median) from the election petition, giving ER time to communicate their views to EEs

Homestead strike

-employers' efforts to weaken the AFL's desired level of worker control and establish supervisory supremacy in production decisions

Some broad considerations

-legal constraints -union jurisdiction -union's desires - NLRB philosophy "community of interest" - accretion, etc.

becoming a foreman

-positive attitude towards management - negative attitude toward union

NLRB has 2 parts:

1. a general counsel's office that conducts representation elections and investigates and prosecutes unfair labor practices 2. a 5 member board of presidential appointees that hears and decides cases

NLRB Ruling in Toering Electric Co.

1. applicants must demonstrate "genuine interest" 2. This is established by a two-pronged test (1. individually him/herself has to apply 2. application has to reflect sincere interest in employment)

5 major possibilities for creating workplace rules

1. competitive labor markets 2. human resource management 3. worker control 4. bargaining with independent employee representatives (labor unions) 5. statutory government regulation

NLRB v. Town and Country Electric

1. each EE of a nonunion company has section 7 under NLRA, regardless of relationship with union. 2. If EE fails to perform the job, employer may administer employee disciplines

why employees unionize

1. economic needs (employees not satisfied with benefits)- equity 2. Dissatisfaction with management (favoritism, unfairness)- voice 3. social or status concerns (employees looking for more recognition)- voice 4. union shop

union membership

1. leaving- change in job status; dissatisfied 2. joining v. free riding

labor relations environment

1. legal- set of laws 2. economic- determines workers' employment options ( if labor market is tight employers may quit and find somewhere better to work) 3. sociopolitical- employment outcomes can be influenced by public attitudes toward labor unions 4. ethical- actions are right or wrong

union commitment and participation

1. local union administration 2. bargaining-related activities

the employer's strategic choices

1. location and plant size (plants sometimes choose to locate where unions are less likely to be. Whether the plan continues operations can be a strategic choice) 2. adjust wagers (wages/spillover effect) 3. Non wage policies 4. Flexible staffing 5. Voice mechanisms

Laissez faire reliance on competitive labor markets include two central critical features

1. mainstream economic theories 2. common law legal rules

4 perspectives

1. mainstream economics 2. human resource management 3. industrial relations 4. marxist industrial relations

General organizing campaign rules for employers

1. no distribution/ solicitation 2. communication (EEs required to attend company meetings) 3. 24 hour rule ( cannot have captive audience meeting within 24 hours of election) 4. interrogation 5. surveillance

The BBER Study: Comparing RTW and NON-RTW states

1. private sector union rates (decrease of 20%) 2. employment growth (increase of .4%) 3. GDP growth (increase of .5%) 4. wage growth (inconclusive)

What factors really drive union participation?

1. some degree of job satisfaction 2. Some sense that the union is the cure for the illness

Recent controversial NLRB actions

1. specialty healthcare ruling (allowing labor unions to create micro-unions) 2. Browning Ferris Ruling ( Employers who use temp agencies are subject to unions)

3 ways a union can win recognition:

1. voluntary recognition 2. and NLRB representation election 3. a bargaining order

Typical monthly dues

1.15% of total pay

section 8 of wagner act

5 employer unfair labor practices: 1. to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in sec 7 2. to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. 3. by discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization 4. to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this act 5. to refuse to bargain collectively with the representatives of his employees

The servicing model of unionism can be best described as A. A passive form of employee representation in which unions are put in place to solve problems for workers. B. An active form of employee representation in which unions facilitate problem-solving by workers. C. An active form of employee representation in which the union plays a key role in facilitating management of the business. D. A passive form of employee representation in which the union is controlled by management and used to achieve business objectives. E. An active form of employee representation that mobilizes workers for empowerment and action.

A passive form of employee representation in which unions are put in place to solve problems for workers

Recently in US labor history, several unions broke away from the AFL-CIO and formed a new federation aimed primarily at organizing instead of political activity. This new organization is called A. Change to Win B. Knights of Labor C. The National Labor Union D. Industrial Workers of the World E. PATCO

Change to Win

In 2005, seven of the country's largest unions left the AFL-CIO to form new federation of unions called A. The International Labor Organization. B. Change to Win. C. The Coalition for Employee Free Choice. D. The American Federation of Labor. E. The Congress of Industrial Organizations.

Change to win

Which of the following statements is true A. Common law is a body of laws based on customs, traditions, and judicial precedent rather than on legislative statute. B. Common law and business law are essentially the same concepts. C. Labor law and employment law are essentially the same concepts. D. Statutory law is a body of laws based on customs, traditions, and legislative statute. E. None of the above.

Common law is a body of laws based on customs, traditions, and judicial precedent rather than on legislative statute

A union is attempting to organize clerical and factory workers at a local manufacturing plant in Oshkosh. The NLRB makes a determination to include the clerical and factory workers in the same bargaining unit because they have indicated that their demands are very similar. The NLRB is applying a principle of A. Community of interests. B. Geographical proximity. C. Interdependence of jobs. D. Exchange of labor. E. Bargaining in good faith.

Community interests

The concept of exclusive representation was intended to protect workers from the influence or dominance of A. Competing unions. B. Company dominated unions. C. Unscrupulous union leaders. D. Worker infighting. E. Anti-trust laws.

Company dominated unions

The congress of Industrial Organizations formed as a result of A. Differences with the AFL over unionization by industry, rather than by craft. B. Differences with the AFL over who should lead the union. C. A need for broader representation of skilled craftsworkers. D. The high concentration of power with the AFL. E. The CIO wanting to pursue revolutionary unionism.

Differences with the AFL over unionization by industry, rather than by craft

Which of the following was not a primary function of the American Federation of Labor A. Arbiter of disputes between local unions over jurisdiction. B. Coordinator of the bargaining and strike activities of several unions. C. Direct negotiator with employers over wages, hours and working conditions. D. Initiator of new union organizing drives. E. All of these were primary functions of the AFL.

Direct negotiator with employers over wages, hours and working conditions

labor relations

How unions and employers negotiate and implement collective bargaining agreements

Cindy, an employee of Stellar Snowboard Manufacturing has just signed an authorization card during a union organizing campaign by Local 79 of the Teamsters Union. Cindy has agreed with which of the following statements A. "I am requesting the NLRB hold a representation election at my employer's place of business." B. "I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with Stellar Snowboard." C. "I authorize Stellar Snowboard to deduct union dues for Teamsters Local 79 from my paycheck." D. "I authorize Teamsters Local 79 to use a portion of my union dues money for the purpose of political lobbying." E. "I authorize Stellar Snowboarding to represent me in negotiating with the union."

I authorize Teamsters Local 79 to be my collective bargaining agent in negotiations with Stellar Snowboard

According to the human resource management school, equity will be achieved only A. If employer actions are regulated by employment laws. B. When workers produce to their maximum capabilities. C. If employers become responsive to employee needs. D. When market supply and demand are in balance. E. When social institutions create greater equality.

If employers become responsive to employee needs

The United Auto works represent all workers at a large auto parts manufacturing company. Included in the bargaining unit are weldors, electricians, factory line workers, and workers who load and unload stock. This model of unionism is best described as A. Business unionism. B. Industrial unionism. C. Job control unionism. D. Craft unionism. E. Employee empowerment unionism.

Industrial unionism

Which of the following is not true about the decline in demand for unions in the U.S. A. To some extent, protective legislation ensuring safety and income security has served to replace union representation. B. It can be largely attributed to the fact that individuals who experience union representation are unhappy with it and decide they do not want it. C. U.S. unions have not put enough money into union organizing and have therefore not done a good job of "selling" their services. D. Employers may be more likely to listen to their employees and respond to their changing needs thus reducing employees' need for outside representation. E. To a large extent, all of these reasons are true.

It can be largely attributed to the fact that individuals who experience union representation are unhappy with it and decide they do not want it

Which of the following was not part of Norris-LaGuardia Act of 1932 A. It made yellow dog contracts unenforceable. B. It ended the criminal conspiracy doctrine applied to labor unions. C. It forbade federal courts from issuing injunctions that interfere with strikes and peaceful picketing. D. It granted unions the right to organize and bargain collectively with an employer. E. All of these were part of the Norris-LaGuardia Act.

It granted unions the right to organize and bargain collectively with an employer

Under the Wagner Act of 1935, an employer has a legal obligation to do all of the following except A. Bargain with a duly elected representative of the employees. B. Make concessions in response to union demands during a bargaining session. C. Refrain from punishing employees who ask for better wages, hours, and working conditions. D. Refrain from coercing employees to vote "no" in a union election. E. Refrain from forming or supporting a labor organization.

Make concessions in response to union demands during a bargaining session

Welfare capitalism is characterized by A. Worker cooperatives or worker-owned companies that redistribute wealth in such a way as to eliminate the need for welfare programs. B. Management systems that emphasize orderly hiring and firing procedures, wage incentives, protective insurance, positive work culture, and employee voice. C. Taxes on the rich which are then redistributed to unemployed workers. D. A free trade system which results in a high concentration of wealth among a very few and large numbers of people on welfare. E. None of the above.

Management systems that emphasize orderly hiring and firing procedures, wage incentives, protective insurance, positive work culture, and employee voice

Which of the following is not likely to impair the laboratory conditions doctrine according to the NLRB? A. A manager tells her employees that if they don't vote for the union, she will make sure they get extra paid time off. B. A manager posts a "no solicitation" sign during the union campaign. C. Visits to employees homes by company representatives or supervisors. D. Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election. E. All of these would likely impair laboratory conditions.

Mandatory employer meetings with employees during which the employer "makes a case" against unions one week before the election

On a cold winter day, a group of nonunion employees decides that the temperature in their manufacturing plant is unbearably cold. Together, the employees approach their employer and request that the heat be turned up. The employer A. Must collectively bargain with this group of employees over the plant temperature. B. May refuse the employees' request. C. Must turn up the heat at the request of the employees. D. Can fire the employees for insubordination. E. All of these statements are true.

May refuse the employees' request

Within a typical union structure, the greatest power and authority lies with A. National unions. B. Regional unions. C. Local unions. D. Union stewards. E. Labor federations.

National unions

In 1886, a Chicago rally to protest police repression of strikers turned violent when a bomb was thrown into the police ranks and police fired into the departing crowd. This incident is known as: A. The Homestead Strike. B. The Ludlow Massacre. C. The May Day Riots. D. The Haymarket Tragedy. E. The Pullman Company Strike.

The Haymarket tragedy

A group of employees in a non-unionized workplace decide to walk off the job together to protest unsafe working conditions. Due to the nature of labor relations in the U.S., which of the following is true? A. The employer can fire the workers. B. The employees actions are illegal because they do not have formal union representation. C. The employees' actions are legal because they are acting together to influence their working conditions. D. The employer can only fire the workers if they don't formally join or create a union. E. The employer can discipline the workers, but not fire them.

The employee's actions are legal because they are acting together to influence their working conditions

If a union makes a request to an employer for the names and addresses of employees eligible to vote in the union election A. The employer can refuse to provide the list on the grounds that it must protect the privacy of its employees. B. The employer must turn the information over to the union within 7 days of the request. C. The employer must turn the information over to the union within a week after the NLRB has scheduled the election. D. The employer can petition to the NLRB for an injunction to gain permission to withhold the information. E. None of the above.

The employer must turn the information over to the union within a week after the NLRB has scheduled the election

During an interview, an applicant reveals that she has been active in supporting unions in the past. An appropriate response by you, the interviewing manager, is: A. To record her statement in your interview notes. B. To inform her that the company does not support unionization. C. To inform her that the information is irrelevant to your hiring decision and find some other reason not to hire. D. To inform her that the information is irrelevant and proceed with hiring as if the information had not been given. E. To hire another applicant instead, even if less qualified.

To inform her that the information is irrelevant and proceed with hiring as if the information had not been given.

Historically, injunctions in US labor history were applied A. To stop unions from organizing workers where yellow dog contracts were in place. B. To stop workers from signing yellow dog contracts. C. To stop management from signing yellow dog contracts. D. To stop management from interfering with unions that had signed yellow dog contracts. E. To stop the NLRB from exceeding their statutory authority.

To stop unions from organizing workers where yellow dog contracts were in place

The appropriate bargaining unit defines A. Which occupations and locations of a particular employer will be included in the representation election. B. Which employees will conduct the negotiations with the employer. C. Which bargaining unit gets to vote first in a representation election. D. The terms and conditions of employment. E. Laboratory conditions for representation elections.

Which occupations and locations of a particular employer will be included in the representation election

The Railway Labor Act of 1926 applies to all of the following except A. Workers in the railway industry. B. Workers in the airline industry. C. Workers in the trucking industry. D. All of the above are covered under the Railway Labor Act. E. The Railway Labor Act is no longer in force, because it has been replaced by the Wagner Act (NLRA).

Workers in the trucking industry

Originally, the legal view on concerted (or collected) activity by workers in the US was a result of A. laws passed in the US by the legislature B. international agreements secured by the United Nations C. a case decided by an English judge before the US gained independence from England D. the General Motors sit down strike E. the Haymarket Tragedy

a case decided by an English judge before the US gained independence from England

A workplace that is open only to workers who belong to the union is known as A. A welfare shop. B. An open shop. C. A closed shop. D. An agency shop. E. A work shop.

a closed shop

open shop movement

a concerted drive by employers and their employers' associations to create and maintain union-free workplaces. - portrayed an ideology of individual freedom

injunction

a court order requiring an individual or an organization to stop a proposed or current action on the belief that the action would cause irreparable harm or damage

captive audience meeting

a group meeting held in the workplace during working hours in which employees are forced to listen to management's antiunion and pro-company presentations - legal as long as not within 24 hours of election

amalgamated

a hybrid of craft and industry

union dues

a major source of revenue for unions

workplace governance

a method of ruling the workplace - determines the nature of the balance that is struck among efficiency, equity and voice

authorization card

a preprinted form containing something like "I authorize [union name] to represent me for the purposes of collective bargaining

yellow dog contract

a promise by a worker not to join or support a union; refusal to agree to such conditions meant either termination or not being hired

closed shop

a provision negotiated into a collective bargaining agreement that requires the employer to only hire union members - workplace is closed to all except union members

special assessments

a special bill to all union members for a specific purpose

recognition strike

a strike to try and compel the employers to recognize their union

uplift unionism

a union "aspires chiefly to elevate the moral, intellectual, and social life of the worker

union suppression

a union avoidance strategy in an autocratic organization - union suppression tactics include harassment, demotion, or firing of union supporters - plant closing/bankruptcys

a certified union covers:

all employees in the bargaining unit (union/nonunion)

union shop

allows anyone to be hired; but to remain employed, workers must join the union within a certain amount of time (30 days)

Taft-Hartley Act of 1947 (labor Management Relations Act) KEY PROVISIONS and CREATED

amended the Wagner Act in several key ways - federal mediation and conciliation service to offer mediation services whenever disputes are likely to interrupt commerce (or affect a health care organization)

representation election

answer questions of whom the employees want to represent them - most significant type is called certification election

current statistics indicate that union density in West Virginia is A. around 0% B. around 12% C. around 50% D. around 75% E. 100%

around 12%

In a classic study of roles and attitudes, which of the following was a key finding? A. Attitudes are largely stable over time, regardless of changes in a role the person occupies. B. Attitudes of workers who became stewards had no change in their attitudes toward the union. C. Attitudes of workers who became foremen retained favorable attitudes toward the union. D. Attitudes of workers who became stewards became more pro-union, while attitudes of workers who became foremen became more pro-management. E. Attitudes (toward either the union or management) of workers who were promoted to foreman did not change after their promotion.

attitudes of workers who became stewards became more pro-union, while attitudes of workers who became foremen became more pro-management

Knights of labor

betterment of workers

The crucial feature of collective bargaining is that management's traditional authority to unilaterally establish terms and conditions of employment is replaced by A. Equitable allocations B. Bilateral negotiations C. Union density D. Representation gaps E. None of the above

bilateral negotiations

union democracy

can be analyzed along 3 dimensions: 1. procedural 2. behavioral 3. substantive

certification election

determine the wishes of the majority of employees - used in a nonunion location to ascertain if a majority of employees want to become unionized

Some collective bargaining agreements have contract provisions where employees authorize payment to the union through payroll deduction. This is called A. featherbedding B. union dues C. agency dues D. dues checkoff E. initiation fees

dues checkoff

bargaining unit

eligible to be represented by a union - managers are not

business unionism

emphasizes immediate improvements in basic employment conditions- wages, hours and working conditions. - accepts capitalism and need for employers to make profit, but seeks to win labor's fair share of the profits through collective bargaining backed up by the threat of striking - ex: AFL

How human resource managers unilaterally address employment problems in the workplace known as A. employee relations B. labor relations C. industrial democracy D. industrial relations E. collective bargaining

employee relations

representation gap

employees say they want more representation in the workplace than they have

employer responses to the labor movement- lockouts (operational)

employer says employees won't come to work until things are fixed

union avoidance

employers resist due to philosophical rationale and economic rationale - resist because productivity and profitability goes down and reduced shareholder value

According to the industrial relations school, the role of government and legislation should be to A. Ensure that labor markets are competitive. B. Stay out of labor markets completely. C. Ensure that labor and management's relative power is balanced. D. Regulate wages, hours and working conditions to ensure that they are fair to workers. E. Eliminate capitalist institutions.

ensure that labor and management's relative power is balanced

employee empowerment unionism

establishes the framework of procedures in which workers are then empowered to determine their own outcomes

Local unions are governed by a president and A. Union organizers hired by the union president. B. Local union stewards elected by the workers. C. Worker representatives appointed by the company president. D. Executive committee elected by the workers. E. Vice president appointed by the board of directors.

executive committee elected by the workers

employer réponses to the labor movement- strikebreakers (operational)

find people to do work while other workers are on strike "scabs"

mainstream economics school

focuses on the economic activity of self-interested agents, such as firms and workers, who interact in competitive markets - efficiency, equity and voice are achieved through free-market competition - labor unions are bad

section 7 of wagner act

guarantees employees the right to form unions, bargain collectively, and engage in other concerted activities for mutual aid and protection

employee relations

how employers manage employment problems in the workplace

this is an important standard because

if a few employees negotiate with the employer apart from the union it undermines the union

In 1806, a group of Philadelphia shoemakers was convicted of ________ for joining together and refusing to work unless their terms were met A. Illegal assembly B. Tyranny C. Unpatriotic actions D. Illegal conspiracy E. Treason

illegal conspiracy

wright line test

illustrates the importance of precedents for guiding legal decision making, and it pertains to the heart of U.S. labor law - The NLRB general counsel must first show that (1) the disciplined or discharged employee was engaged in protected activity, (2) the employer was aware of the activity (3) the activity was a substantial or motivating reason for the employer's action - tries to balance employers rights and needs to discipline and discharge poor performers with employees' rights to engage in protected activity under the NLRA

Which of the following best summarizes the trends in U.S. union density since the 1980s A. Decreases in both the private and public sectors. B. Increases in both the private and public sectors. C. Stable in the private sector and decreases in the public sector. D. Increases in the public sector and decreases in the private sector. E. Stable in both the private and public sectors.

increases in the public sector and decreases in the private sector

national labor relations board

independent federal agency devoted to conducting representation elections and adjudicating unfair labor practices

Employment law

individual employment rights - nondiscrimination or family leave

The majority of union members are those who A. joined after being hired by a unionized employer and survived a probationary period. B. engage in "free-riding" so they can benefit from union services. C. become union stewards. D. occupy managerial positions. E. support free market principles.

joined after being hired by a unionized employer and survived a probationary period

labor problem

labor conditions of the early 20th century - undesirable outcomes that stem from an inequitable and contentious, or perhaps even oppressive and exploitative, employment relationship - long work hours - unsanitary working conditions - low wages - insecurity problem for 2 reasons: 1. societal or human perspective 2. economic 3. business

A group of workers who join together to influence the nature of their employment is known as a A. representation gap B. labor union C. industrial democracy D. marketplace E. union density

labor union

Great Uprising of 1877

laid the foundation for future labor-management conflict, not negotiation - strike for higher pay - conflict between labor and capital for workers

common law

laws based on custom and judicial precedent. - ex: conspiracy, property rights, and employment at will

Historically, a "yellow-dog contract" was a(n) __________ type of employer response to union activity A. operational B. mechanical C. legal D. armed E. accommodating

legal

union substitution

management adopts policies and practices to keep unions out by making the unnecessary - paternalistic/strategic organization - paying above market wages and benefits, providing employment security, respectful supervision

employer responses to the labor movement- welfare capitalism (operational)

managers try to resolve workplace issues

concession bargaining

many unions agreed to wage, benefit and work rule concessions to try to save jobs

In the mainstream economics school of thought, unions are: A. necessary to correct market imperfections. B. acceptable as a way to correct market imperfections. C. irrelevant in that they have little effect on the competitiveness of the market. D. monopolies that restrict market competition. E. adversarial and impede workplace harmony.

monopolies that restrict market competition

employer responses to the labor movement- yellow dog contracts (legal)

not going to join a union contract (not legal now)

"free riding" in unions

not paying for the union but still getting the services

substantively

officer turnover is low, however, the presence of opposition can keep leadership responsive to its membership

excelsior list

once a representation election is scheduled, an NLRB rule requires employers to give the union a list of names, addresses, and available personal email and phone numbers of the employees eligible to vote in the election - must be provided within 2 days of the NLRB scheduling an election - unions are allowed home visits

Who belongs in a bargaining unit?

only employees having a substantial mutuality of interest in wages, hours, and working conditions can be appropriately grouped in [a] unit

executive jurisdiction

only one union should represent workers in a craft

the union has no rights to employees who are:

outside of the bargaining unit

agency shop

paying smaller dues, but not members

industrial workers

political actions

employer responses to the labor movement - antitrust laws (legal)

prohibit any type of restraint on trade

right to work laws

prohibit union or agency shop agreements

The federal mediation and conciliation service A. Provides voluntary mediation to parties involved in a labor dispute. B. Investigates unfair labor practices. C. Issues mandatory settlement agreements in case of a labor dispute. D. Creates rules and regulations for settling labor disputes. E. Conducts representation elections.

provides voluntary mediation to parties involved in a labor dispute

Change to win

pushing for more union organization

American Federation of Labor

representatives from 25 national unions created this new labor federation to address every day working issues - union federation - support organization for the independent unions - establishing and maintaining job standards through work rules

collective bargaining

representatives of the employer and the employees negotiate the terms and conditions of employment that will apply to the employees - compensation - personnel policies and procedures - employee rights and responsibilities - employer rights and responsibilities - union rights and responsibilities - dispute resolution and ongoing decision making

In situations where gross misconduct calls the results of a representation election into question, a Gissel bargaining order may be issued to A. Prohibit a union from acting as the employees' exclusive representative even if they have "won" the representation election. B. Require an employer to negotiate with a union even though the election results do not support representation. C. Requires that a new representation election be held. D. Either a or b. E. Depending on the context, a Gissel bargaining order can be used for any of these purposes.

require an employer to negotiate with a union even though the election results do not support representation

gissel bargaining order

requires the employer to recognize and bargain with the union even though the usual election results are lacking - NLRB believes that the union had majority support but extreme employer misconduct has eroded this support and has also been so pernicious as to make an election pointless

congress of industrial organizations

rivaled the AFL federation of craft unions

A union organizing tactic in which paid union organizers attempt to get hired by a company is known as A. Featherbedding. B. Salting. C. Gissel bargaining order. D. Hiring fraud. E. Decertification.

salting

Most US unions are formed through A. Secret ballot elections. B. Voluntary agreements by management to recognize the union. C. Strikes. D. Court orders. E. NLRB bargaining orders.

secret ballot elections

social unionism

see labor unions as more than workplace mechanisms for winning economic gains; rather unions are viewed as integral participants in a community's and country's civic and political activities - scope of representation is the broader social and political arena

industrial unionism

seeks to organize all the workers in a workplace or industry regardless of their occupations or skill levels

labor movement

social movement in which workers and unions from multiple workplaces join together to pursue common interests, most frequently in the political and social arenas - provides a voice for workers in the political arena

welfare capitalism

sought to win worker loyal and increase efficiency by improving supervisory practices, implementing orderly hiring and firing procedures, providing wage incentives, offering protective insurance benefits, creating a positive culture, improving the physical work environment and safety, and providing employee voice

Knights of Labor

started as a union in the garment industry and emphasized secrecy to prevent employers from breaking it - primary concern was with moral worth - emphasized cooperation and education - opposed the use of strikes and boycotts

Employees who work during a labor strike so the employer can maintain operation are referred to as A. welfare capitalists B. craft unionists C. strikebreakers D. industrial unionists E. socialists

strikebreakers

union participants

support unions, but don't actually attend meetings or care to vote

procedurally

the Landrum griffin act mandates basic democratic procedures within unions, including free speech and election provisions

If you compare the power structure of the U.S. labor movement to that of different levels of government, the AFL-CIO is analogous to A. The International Labor Organization. B. State government. C. Federal government. D. The United Nations. E. The Equal Employment Opportunity Commission.

the United Nations

industrial democracy

the belief that workers in a democratic society are entitled to the same democratic principles of participation in the workplace

union instrumentality

the degree to which an individual thinks a union will be instrumental in improving the workplace

When it comes to union democracy, the Landrum-Griffin Act (1959) mandates all of the following except A. Free speech for union members. B. Election provisions. C. Financial disclosure. D. The number of terms a union official can serve. E. The right of union members to sue their union.

the number of terms a union official can serve

union density

the percentage of workers who are union members (decline of density) - employment has declined in manufacturing not services - related structural, or compositional, changes - inability of unionized workplaces to compete in dynamic economy is a reason for decline

shock effect

the presence of a union shocks managers out of complacency and forces them to develop better managerial practices & policies that improve workplace efficiency. - grievance procedures, seniority provisions, and other gains can increase morale, improve communication between managers and employees, and reduce turnover

According to the industrial relations school, labor unions are considered the quintessential form of independent employee representation because: A. They are most likely to take management's perspective into consideration. B. They are partly influenced and operated by management. C. They are independent of managerial authority. D. They are independent of both employer and employee influence. E. They embrace free markets.

they are independent of managerial authority

the role of the NLRB

to provide a laboratory experiment

revolutionary unionism

tried to create working-class solidarity rather than solidarity by occupation or industry and ultimately seeks to overthrow capitalism

true or false there is no requirement to enter into a contract

true

true or false unions win more elections when bargaining unit is smaller

true

true or false: Unions generally oppose free-trade

true

true or false: democrats receive more support from unions

true

American Federation of labor

umbrella group for national unions (trade/craft unions)

A strategy of working toward remaining nonunion is known as A. Union avoidance. B. Featherbedding. C. Union acceptance. D. The chilling effect. E. Union suppression.

union avoidance

Landrum-Griffin Act of 1959 (Labor Management Reporting and Disclosure Act)

union member Bill of Rights protect them from their equal rights: - member freedom of speech - secret ballot election of officers

union wage premium

unionized workers in the US are generally estimated to have wages approx. 15% higher than comparable nonunion workers - unions also reduce wage inequality and CEO pay

behaviorally

unions appear to be more democratically vibrant at the local than the national level

job control unionism

unions have sought to protect their members from volatile managers and markets by negotiating detailed, legalistic union contracts that tie employee rights to narrowly defined jobs while removing labor from business decision making - a central element is replacing arbitrary management control with union negotiated seniority systems for allocating jobs and determining pay and benefits

craft unionism

unions were divided along craft lines (by occupation or trade) - focused on skilled crafts

decertification election

used to determine whether a majority of unionized employees no longer wish to be represented by their union

organizing model

views unions as institutions of active worker participation, empowerment, and mobilization

When an employer adopts an employee participation program, such as a workplace safety committee, it is most directly addressing which objective of the employment relationship? A. Efficiency. B. Equity. C. Voice. D. Exclusive representation. E. Union density.

voice

Balancing workplace objectives

voice, efficiency, equity

exclusive representation

with majority support a union is the only representative of that group of workers. - without exclusivity, companies established company unions even when a majority of employees wanted an independent union

Is it possible to have a non majority union

yes, but there will be no legal protection (negotiates a members-only contract)