Employee and Labor Relations

National Labor Relations Act (Wagner Act) (1935)

(FDR) A 1935 law, that guarantees workers the right of collective bargaining sets down rules to protect unions and organizers, and created the National Labor Relations Board to regulate labor-management relations. *, Made sure workers were treated and payed well and not getting abused by their business. *this law created the National Labor Relations Board to enforce the law and supervise shop elections

Norris-LaGuardia Act

(Hoover) attempt to improve the lot of the union worker. It outlawed Yellow Dog Contracts, banned federal courts from issuing injunctions against workers in non-violent strikes, and protected the right of workers to unionize

Arbitration

(n.) the process or act of resolving a dispute (The employee sought official arbitration when he could not resolve a disagreement with his supervisor.)

Sherman Antitrust Act

1890 congressional legislation designed to break up industrial trusts such as the one created by John D. Rockefeller and Standard Oil. The bill stated that any combination of businesses that was "in the restraint of trade" was illegal. Because of the vagueness of the legislation and the lack of enforcements tools in the hands of the federal government, few trusts were actually prosecuted as a result of this bill.

Electromation

1992 court decision that employers must deal cautiously with employee participation committees based on the NLRB's interpretation of what constitutes a company-dominated labor organization.

Primary boycotts

A boycott against an employer with whom the union is directly involved in a labor dispute

Hot cargo clause

A clause in a union contract that permits employees to refuse to handle or work on goods shipped from a struck plant or to perform services benefiting an employer listed on a union unfair list.

Federal Arbitration Act (1935)

A federal statue that provides for the enforcement of most arbitration agreement.

Conciliation

A method of dispute resolution for civil disputes using a third party to help the parties reach a resolution. The third party can make suggestions, but the party reaches the decision on their own

Open shop

A place of employment at which one is not required to join or financially support a union as a condition of hiring or continued employment.

Progressive Discipline

A step-by-step process of increasing disciplinary measures, usually beginning with an oral warning, followed by a written warning, suspension and termination, if necessary.

Wildcat Strike

A strike undertaken without official union authorization. Although not necessarily illegal they are also not necessarily protected by the NLRB.

Constructive discharge

A termination of employment brought about by making an employee's working conditions so intolerable that the employee reasonably feels compelled to leave.

Soft HRM

An approach to managing staff that focuses on developing staff so that they reach self-fulfillment and are motivated to work hard and stay with the business - Treats employees as if they are the most important resource in the business and a source of competitive edge

Yellow Dog Contract

An employment agreement (oral or written) providing that as a condition of employment ,an employee will not become or remain a union member. This type of agreement is illegal

Faragher v. City of Boca Raton

Beth Faragher resigned as lifeguard and sued city for discrimination (supervisor created hostile environment) under Title VII. Supreme Court said employer is vicariously liable for actionable discrimination caused by supervisor. Liability is subject to affirmative action defense.

Maintenance of membership

Clause in a union contract that allows employees to choose whether to join the union but, once they join, requires that they remain members until the expiration of the contract. The employee must notify the union to discontinue membership within 30 days of the contract expiration.

Procedural Justice

Concerned with providing employees a structured system for resolving disputes that is considered to be fair and impartial.

Clayton Antitrust Act (1914)

Corrected the problems of the Sherman Antitrust Act; outlawed certain practices that restricted competition; unions on strike could no longer be considered violating the antitrust acts

Labor Management Relations Act (Taft-Hartley) (1947)

Establishes the rights and obligations of employers, employees, and unions with respect to collective bargaining. Amended the NLRA to add provisions allowing unions to be prosecuted, enjoined, and sued for a variety of activities, including mass picketing and secondary boycotts.

Alternative Dispute Resolution

General term used to describe problem-solving mechanisms other than lawsuits or government agency investigation.

Oncale v. Sundowner Offshore Service

Held that discrimination applied to harassment in the workplace between members of the same sex.

Excelsior List

List containing the names and addresses of all employees in a bargaining unit designated by the National Labor Relations Board (NLRB). This list must be provided by the employer to the union within 7 days of the consent to or direction of an election.

Collective Bargaining

Method whereby representatives of the union and employer determine wages, hours, and other conditions of employment through direct negotiation.

Psychological contract

Most, sometimes all, aspects of the contract that exists between an employer and an employee is unwritten, sometimes never even explicitly discussed. Employees work hard for an employer and engage in certain actions or behaviors because they perceive that they will be rewarded (or punished), rather than because of any written rule or expectation. This unwritten contract is known as the:

Weingarten Right

NLRB found that employees are entitled to have a union representative present at any investigatory interview that the employee believes could result in disciplinary action

Ally doctrine

Principle stating that if an employer whose workers are on strike asks a neutral employer to produce the work that would normally be performed by the striking workers, the neutral employer becomes an ally of the struck employer and is therefore a legitimate target of a picket line.

Alter ego doctrine

Principle stating that when two businesses have interrelated operations, central control of labor relations, common management, and common ownership, they are considered alter ego employers, and the National Labor Relations Board (NLRB) may determine that employees of the alter ego employer are part of the bargaining unit.

Consumer Picketing

Product boycotts involving such activities as distributing handbills, carrying placards, and urging customers to refuse to purchase products from a particular retail or wholesale business.

USERRA

Prohibits employment discrimination against a person on the basis of past military service, current military obligations, or intent to serve

Civil Service Reform Act (1978)

Protects federal sector workers, but makes it illegal to strike for most and illegal to form a union for the military.

Railway Labor Act (1926)

Provides for the right to organize and for majority choice of representatives; covers railroad and airline employees.

Duty of Fair Representation

Requires that unions act fairly on behalf of the employees they represent in negotiating and administering collective bargaining agreements.

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.

Ombudsman

Someone who listens to the concerns of internal organizational publics and mediates disputes between the organization and its employees. Informal research. Provides a means for facilitating greater management awareness of public reactions and views.

Harris v. Forklift Systems Inc.

Supreme Court ruled that in a sexual harassment case the plaintiff does not have to prove concrete psychological harm to establish a Title VII violation

Integrative bargaining

Takes place when there is more than one issue to be resolved; focuses on creative solutions to conflicts that reconcile parties' interests and result in mutual benefit. Win-win results

OWBPA

The Older Workers Benefit Protection Act (OWBPA) was enacted in 1990 as an amendment to the ADEA and requires equal treatment for older workers in early retirement or severance situations. It also sets specific criteria that must be met if older workers are asked to sign waivers promising not to sue for age discrimination in exchange for severance benefits during layoffs

Seniority

Time spent in an organization or on a particular job that is used to determine eligibility for organizational rewards and benefits.

Double breasting

Two companies have a common owner but one is a union shop and one isn't and the non-union workers are sometimes chosen for a job in place of the higher paid union workers.

Principled negotiation

Type of contract negotiation based on four premises: 1) separate the people from the problem, 2) focus on interests, not positions, 3) invent options for mutual gain, and 4) insist on objective criteria.

Featherbedding

Unfair labor practice on the par of the Union. When Unions requires an employer to continue to pay for services the employer no longer uses

Distributive bargaining

When parties are in conflict over an issue and the outcome represents a gain for one party and a loss for the other; each party tries to negotiate for the best possible outcome.

Protected concerted activities

Where two or more employees collectively complain about a term or condition of employment OR where one person speaks on behalf of a group of employees. When employees act in concert to seek some change in their terms and conditions of employment, such activity is protected under § 7 of the NLR

Employee Engagement

_____ is defined as an individual's involvement, satisfaction, and enthusiasm for work. The extent to which workforce commitment, both emotional and intellectual, exist relative to accomplishing that work, mission, and vision of the organization.

Burlington Industries v. Ellerth

a 1998 Supreme Court case in which the Court ruled that employers are responsible for setting up safeguards against sexual harassment in the workplace

No-strike clause

a clause in a collective bargain agreement (CBA) that prohibits the union from striking while the CBA is in force

Close shop

a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times in order to remain employed.

Promissory estoppel

a legal doctrine requiring liability when a clear and unambiguous promise is made and is relied on and injury results from the breaking of the promise

Union shop

a provision found in some collective bargaining agreements requiring all employees of a business to join the union within a short period, usually 30 days, and to remain members as a condition of employment

Agency shop

an agreement that does not require a worker to join a union as a condition to get or keep a job, but does require the worker to pay union dues to help pay collective bargaining costs

Labor Management Reporting/Disclosure Act (Landrum-Griffith) (1959)

established a "Bill of Rights" for union members, provisions include freedom of speech and assembly, protection from undeserved punishment, a vote in determining dues and fees, and the right to file suit and to participate in union activities

Executive Order 11246

established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors. It "prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin."

Secondary boycotts

occurs if a union has a dispute with Company A and attempts to pressure on it by causing the employees of Company B to stop handling or using the products of Company A (aka forces B to stop doing business with A)

Federal Labor Relations Act (1978

the Federal Labor RElations Authority was established in 1978 to mediate labor disputes that involve federal employees; administer the laws that guarantee government works the right to bargain collectively and to join labor organizations of their own choosing

Hard HRM

where human resources are treated in the same way as any other business resource by managers to be hired and fired according to the firm's needs - Treats employees asa resource of the business just like a machine.