SHRM Review

Due diligence

First stop in a merger or acquisition is to conduct the due diligence. Practice of analyzing and researching a company or an organization prior to blending the two entities into one.

SWOT analysis

form of environmental scanning. It's a great tool for management to analyze the strategic position of the organization for planning purposes. Strengths and weaknesses are internal factors over which the company has some measure of control. Opportunities and Threats are external factors which the organization has no control.

DHS (Department of Homeland Security)

has overall responsibility for securing the nation's borders regarding immigration and law enforcement.

Wellness Programs

health programs offered by employers that are designed to improve the health and physical well-being of employees both on and off the job.

Strategic planning process

helps an organization to focus on how to succeed in the future. It evaluates an organization's current position, where it would like to be and how they plan to get there.

The Privacy Act

protects personal information of employees working for the government only, not private sector.

Plateaued Career aka career stagnation

point in an employee's career where the possibility of upward advancement becomes very low. It leads to high turnover. Lateral moves are often initiated to move a worker to an alternate career path, in hopes of retaining that talent within the organization.

OSHA's Lockout/Tagout (LOTO)

practices and procedures necessary to disable machinery or equipment to prevent the release of hazardous energy. It establishes the employer's responsibility to protect workers from hazardous energy. During servicing and maintenance of machines and equipment, an unexpected startup or release of stored energy could cause injury to employees. Employers are required to mandate that all workers who may be exposed to accidental discharge of energy must lockout the machine and tag it out so that no one else may use the machine until the original worker removes the lock and tag.

Sourcing

precursor to actual recruiting. It generates a pool of qualified applicants, identifying passive and active job seekers who may be potential employment candidates.

Balanced Score Card

strategic planning and management system used to align business activities to the vision and strategy of the organization and monitor organization performance against strategic goals. Traditionally, companies use financials as a basis to conduct strategic planning and forecast for the future. A Balanced Score Card approach broadens the key metrics traditionally used to include four categories that must be "in balance" to legitimize future success.

Passing a Bill into law

the last stages of the process: • After approval by both House & the Senate- bill goes to the President (POTUS) • If President approves, he signs it, and the bill becomes law • If Congress is in session & POTUS takes no action for 10 days, bill automatically becomes law • If President opposes, he can veto it • If Congress adjourns before the end of the 10-day period allowed for the President to take action, it has received a POCKET VETO and the bill dies • If President vetoes a bill, Congress may attempt override. This requires a 2/3rds roll-call vote of members present in enough numbers to constitute a quorum

ICE (Bureau of Immigration and Customs Enforcement)

the principal investigatory agency of DHS. They are the ones that would raid you if you have employed illegal aliens.

Arbitration

results in a binding judgement...it's final. Courts rarely overturn an arbitrated decision. It's the private, judicial determination of a dispute by an independent third party. It's an alternative to court action. Courts rarely overturn an arbitrated decision.

Calculating Overtime

review page 48

McClelland's Manifest Needs Theory

says all workers are motivated by their needs for either: Power - to be in charge; or affiliation - to be everyone's friend; or achievement - to excel.

PERT Chart

shows a sequence of tasks; which tasks can be performed simultaneously, and the "critical path" of tasks that must be completed on time in a certain sequence for a project to meet its completion deadline

Workplace defamation

slanderous or libelous statements made by a coworker, employer or employee. In some cases, workplace defamation can result in serious damage to a person's reputation, career or both, and may result in legal action.

Tort Law

typically applied to non-criminal infractions, such as defamation claims, intentional infliction of emotional distress, product liability, and negligence. It defines whether a person or organization may be held liable for an injury they have caused, whether it be physical, emotional or economic.

Equal Pay Act

women must be paid same as men when doing the SAME job. Exceptions: when men have seniority, have better performance, have better credentials or experience, and/or when they live in a higher cost-of living area.

OSHA Form 300A

"year end summary" that must be posted where all employees can see the types of injuries and illnesses that were recorded at the worksite.

Social culture

(Aka participative, clan) this culture is rooted in collaboration. Employees share commonalities and see themselves as part of one big family who are active and involved. Leadership takes a form of mentor ship, and the organization is bound by commitments to traditions. The main values are rooted in teamwork, communication and consensus. A good example is Tom's of Maine, the maker of all natural hygiene products. Tom, their founder, focus on building respectful relationships with employees, customers, suppliers and environment environment.

Cultural incompatibility and ideological differences

Is the top reason why mergers and acquisition and joint venture fail. Each arm must blends different corporate cultures together and have a firm grasp on the cultures of both companies.

Qualitative analysis

(think "quality") - is based on research that supplied non-numeric data. Examples: interviews and open-ended survey questions that seek attitudes, opinions and feelings about a topic.

Quantitative analysis

(think "quantity") - based on numerical data that's analyzed with statistical methods.

Underutilization.

Any employer who fails to employ the same proportion of protected minorities and genders as the general population has underutilization and is presumed to be guilty of de facto discrimination (discrimination in practice but not necessarily ordained by the law). However, Title VII says we cannot use race, color, national origin, religion, and sex as a basis of employment...even if we have underutilization. Therefore, the best we can do is try to attract more qualified applicants who are in the protected classes to reverse underutilization. You can't give preferential treatment or that's a violation of Title VII as well (reverse discrimination).

Cost-benefit analysis

Attempts to measure the financial value of an "ACTION". It can be highly detailed, capturing all possible direct and indirect cost. It can be used predictively as well, to decide whether to make an investment or engage in an activity. HR should complete a cost-benefit analysis on a regular basis (at the least, during budget time) for all HR activities and programs. Cost-benefit analysis = (Value of a projected or received benefit/Cost) * 100

Boulwarism

Bad faith (Illegal) bargaining tactics: basically an employer saying, "here's our best deal, take it or leave it!" The employer has most likely done some research on the outcomes of the CBA process with this union and other employers, and cuts-to-the-chase by putting forth their first, last and final offer. This offer isn't meant to be negotiate, thus, the NLRB would find it an ULP.

Surface bargaining

Bad faith (Illegal) bargaining tactics: occurs when one of the parties only goes through the motions of bargaining without any real intent of reaching an agreement. These tactics may include proposals the other party they could never accept or taking inflexible or unreasonable stands on issues or refusing any offers of alternative proposals.

Bypassing the union representative

Bad faith (Illegal) bargaining tactics: the employer must deal with the union that exclusively represents the bargaining unit's employees. The union can insist that the employer only deal with them directly.

Dilatory tactics

Bad faith (Illegal) bargaining tactics: when one of the parties slows down and drags out the negotiating process to stall agreements or wear down the other party.

lean approach

Believes that the only way to determine if something has value or not is to consider whether a customer would be willing to pay for it. I need part of the production of a service or product that doesn't add value is simply an laminated, leaving a streamlined and profitable process that will flow smoothly and efficiently.

No strike clause

CBA clause that avoids any possibility of labor unrest. It's a provision in a CBA where the union promises employees will not engage in strikes, slowdowns or other job actions during the life of the contract. Employers pay dearly in the negotiation process to obtain this clause.

Absence/Tardy Rate Analysis

Calculating the absence or tardy rate follows the exact same process we used to calculate turnover. calculated by dividing the number of absences or tardies during a period of time by the total number of working days during that period (could be a week, month, quarter or year). We then multiply the resulting number by 100 to express it as a percentage.

Pregnancy Discrimination Act (PDA)

Can't discriminate against pregnant applicants, in hiring or on the job. cannot treat pregnant women differently than any other temporary medical issue.

Controlling

POLC: Comparing actual performance against standards, rewarding performance or taking corrective action when necessary.

Disparate/adverse Treatment

occurs when members of a protected class (under Title VII and Equal Pay Act) are intentionally treated differently or evaluated by different standards than other candidates or employees. Disparate treatment can also exist in the form of reverse discrimination. • McDonnell Douglas Corp v. Green established the criteria for disparate treatment. Green was laid off; participated in a lock-in. McDonnell advertised for mechanics; Green applied and was rejected. Green sued and won. A prima facie case of disparate treatment. (Think McDonnell Douglas v. Green...intentional or prima face, therefore, disparate treatment OR "not rehiring Green is mean" (disparate treatment))

Disparate/adverse Impact

occurs when the selection rate for an employment decision works to the disadvantage of a protected class. Usually unintentional; accidental; employer doesn't intend to discriminate. • Griggs v. Duke Power required high school diploma or scores on a standardized IQ tests to equal those of the average high school graduate. Bottom line here - discrimination need not be intentional or overt to be illegal. Griggs establish the criteria for disparate impact. (Think Griggs v. Duke...unintentional, disparate impact OR "Griggs vs Duke-that test was fluke" (adverse impact))

Absence/tardy rates

organizations employ efficient numbers of staff to meet production needs. Employee absences and tardiness can have a significant impact on productivity.

Committee/Peer Review

panel is composed exclusively of an employee's peers (or majority of the employee's peers) and acts as the deciding force of the facts and policies after they are presented by management and the employee. These may also be used to offer advisory or non-binding opinions/recommendations to management.

Compensation

percentage of operating expense is another great KPI.

Unsafe acts

performance of a task or other activity conducted in a manner that may threaten the health or safety of workers. "Unsafe acts contribute to the clear majority of occupational injuries and accidents."

Career Ladders

predefined steps that employees make when advancing with an organization. Candidates want to know if there is room for advancement/career

Employee Polygraph Protection Act

prevents employers from using lie detector tests in the pre-hire screening process...unless employer is in these industries: • Pharmacy/Pharmaceutical (controlled substances), National Defense, Security industry (gun carry industries) • Only other time an employer may use a polygraph exam in the workplace is to test someone they suspect of stealing in the workplace.

Executive

primary duty is management of the enterprise or of a customarily recognized department, direct the work of 2 or more other employees and has authority to hire or fire other employees.

Administrative

primary duty is performance of office or non-manual work directly related to the management of general business operations of the employer "and" includes exercising discretion and independent judgement with respect to matters of significance. Focus on that this exemption. It's the most confusing most likely to present on your exam. Change the word to "management." Employees who meet the Duties Test: • Manage processes, intelligence, functions, customers, projects, finances...not people. (Managing PEOPLE is the Executive Test.) • Manage important business elements of the business. • Exercise judgement and discretion. These people manage something. An HR manager is a good example...they are not the creator of policy...they interpret it; therefore, they manage policy and procedure of the organization. Examples: purchasing, advertising/marketing, auditing, finance, quality control, research, safety and health, public relations, employee relations, legal and regulatory compliance, employee benefits, human resources, and computer network, internet and database administration.

Corrective/disciplinary action

process of communication with an employee to improve unacceptable performance and/or behavior.

Recruitment

process of encouraging candidates to apply for job openings. Attracting quality candidates is critical. TIP! A common exam question is will include a small spreadsheet used to compare various recruiting sources regarding recruiting yield and efficiency. You will solve it with basic math and some deductive reasoning. I've included a supplemental handout that covers yield ratios nicely. Example: Let's say for every 10 resumes you reviewed, one looked interesting enough to do a phone screening interview with, resulting in a ten-to-one resume screening ratio. For every 5 phone screening interviews, 3 seemed to meet the requirements for an in-person interview, resulting in a five-to-three phone screening ratio. For every 5 candidates you interviewed, two were good enough to make offers to, resulting in a five-to-two in-person interview ratio. For every 2 candidates you made an offer, one accepted, resulting in a 2-to-one acceptance ratio. To determine how many resumes you need to successfully hire one person, you would add 10 + 5 +5 + 2 = 22:1.

Teratogens

products that affect a fetus but do not affect the pregnant mother.

Genetic Information Nondiscrimination Act (GINA)

prohibits discrimination against individuals based on their genetic information in both employment and health insurance. GINA does provide an exception to the law in certain circumstances where genetic information may be shared in order to participate in wellness programs, subject to written authorization and other requirements. In a wellness program, some health information may be gathered purposely or inadvertently. Employers must be mindful to not allow information collected in wellness programs to violate EEOC regulations.

PHI (Protected Health Information)

provision of HIPAA and is a privacy law that grants workers the right that they cannot be questioned as to their personal health issues by their employer.

Alternative Dispute Resolution (ADR)

refers to several different methods for resolving disputes outside of traditional legal and administrative forums, such as an employee submitting complaint to a government agency for relief. Open door policies, committee/peer reviews, formal steps, mediation and arbitration could be considered forms of ADR. The two most common associated ADR methods are mediation and arbitration. o Advantages to using mediation and arbitration: they're efficient and cheaper than court action; both limit long-term hostilities that can occur between disputing parties.

Uniform Guidelines on Employee Selection Procedures (UGESP)

set of rules that are defined by the EEOC to help employers avoid illegal discrimination. Employers are required by the UGESP to use only job-related criteria (in interview questions and pre-hire selection tests). Check page 41 for 4/5th Rule and calculations

Strategy development

sets the long-term objectives and formulates short-term tactics to reach them.

OSHA Form 301

simply OSHA's accident investigation form. Many organizations create and use their own to glean more details than what's on the 301.

Incremental budgeting

simply adds a percentage increase (such as 2%) to last year's budget to arrive at this year's financial allotment. It's a very common system that's easy to administrate.

General Duty clause

states that each employer "shall furnish a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees." Here's the importance of this concept. OSHA enforces thousands of health and safety standards that are confusing and limited in scope. If the OSHA standards don't cover a specific safety issue at an organization, they will apply the General Duty Clause. Therefore, employers are subject to fines and penalties for safety infractions, even when there is no specific standard that has been violated per OSHA's Code of Federal Regulations. • Under tort (contract) law, employers are liable for negligent acts that result in some form of harm to employees. • Employers owe employees the duty of care if hurt as a result of the work they perform. • General duty clause expresses employers should take appropriate measures to prevent harm (employee training or safety equipment or possibly hiring better caliber/quality of employees).

USCIS (United States Citizenship and Immigration Services)

sub-agency of the DHS and focuses on all immigration issues (visas, processes applications for permanent residency/citizenship).

Balance Sheet aka Statement of Financial Position

summary of financial balances of an organization. It is a snapshot of a company's financial position at a particular point in time. Assets = Liabilities + Equity OR Equity = Assets - Liabilities. The acronym, "BALE," will help you remember Balance Sheet aka, Statement of Financial Position. BALE is Assets equals Liabilities + Equity.

Job Description

summary of the highlights of a job...it's the key elements only (like an executive summary).

Negligent Supervision

supervision and monitoring of employees fails to prevent an employee from engaging in acts that can injure a claimant or fails to remedy a pattern of behavior which leads to injury.

Acquisition

take over, occurs when one company purchases another (target) and completely establishes itself as the new owner. An acquisition can be friendly or hostile.

Consumer picketing

targets consumer/shoppers. o Picketing retail establishments is legal so long as it is directed toward getting consumers to not buy a particular product with whom the labor dispute exists. An entire store cannot be targeted to stop shopping there, as this would be an ILLEGAL secondary boycott.

Civil Rights Act

that's Title VII...you should know the big 5 it covers by now. cannot discriminate based on race, sex, religion, national origin, and color if the employer has 15 or more employees.

Validity

the ability of an instrument to measure what it's intended to measure. Validity = Accuracy (VA). A hiring selection test is valid if it accurately predicts success on the job. Validity can also refer to the extent to which an employer's performance appraisal process measures actual job performance. Valid tests have true line-of-sight between the test and what it is trying to predict.

Turnover cost

the average cost of turnover is at least six months' equivalent to revenue per EE.

Risk Position

the condition of an asset or liability which is exposed to fluctuations in value (in global markets, this would include changes in exchange rates or interest rates as well as changes in market value).

Tactics

the doing aspect that follows planning. Tactics tell us how we are going to accomplish the large, long-term goal. At some point in the plan, the thinkers decide how to achieve their goals, how to carry out the actions, and how many resources will be needed. In other words, they decide what tactics will be employed to fulfill the strategy. The tactics themselves are the things that get the job done. So, the strategy is what we are trying to do. The tactics are how we're going to make it happen.

Designing and implementing HRIS

the goal of HRIS is to merge the different parts of HR, including payroll, labor productivity, applicant tracking and benefits administration into one cohesive system. The "first step" in designing a HRIS is to conduct a needs analysis. What should the system do? Normally, a standardized HRIS is purchased and then customized to the organization's needs. With an appropriate HRIS, employees can do their own benefits updates and address changes, thus freeing up HR staff for more strategic functions.

Sympathy strikes

the union has no contractual relationship with the struck employer but refuses to work in support of another union that is striking that employer. IF there is a no-strike clause in the sympathizing union's CBA, it's a ULP, therefore ILLEGAL.

Unemployment benefits

there's no federal law on this matter; it's up to individual states to administer. Some states provide unemployment benefits to strikers. This enhances the union's leverage in states that do.

Training investment factor

total investment in building basic skills to improve individual productivity

Outsourcing

transfer operational activities to external locations to achieve costs savings by shortening the supply chain and reduce services supplied internally within the company.

Strike fund

union strategy. It provides payments to help them cover basic bills during a strike. This union strategy increases their leverage at the bargaining table and decreases probability of a strike. The employer is aware union workers have financial resources available to them if they choose to strike and the workers would be able to cripple the employer's business for a longer period of time. The strike fund money is usually obtained by withholding a portion of the employees' pay in the months leading up to the possible strike period.

De minimus violation

violation of OSHA standard that does not have a direct impact on employees' safety and health on the job.

Open shop

Threats to union security: employees don't have to join or pay dues to a union to secure or retain employment in a company, even though there may be a CBA. Union is obligated to represent them just the same.

LMRA/Taft-Hartley Act

Threats to union security: gave individual states right to declare themselves as a Right-to-Work state. These are grave threat to union security as it allows union workers to drop out of a union on a person-by-person basis. A "free rider" is a person who has dropped out of the union but still receives the benefits of union membership.

Older Workers Benefits Protection Act 1990 -OWBPA

To safeguard older workers' employee benefits from age discrimination. Equal benefit or equal cost principle. Can reduce life insurance coverage if premiums are higher. Employers with 20+ employees covered. Prohibits employers from terminating employees who are approaching a key milestone in years of employment served to qualify for a benefit perk (such as 30 years to qualify for full health benefits coverage for life). hold harmless agreements for terminating EEs that gives the employee 21 days to consider a severance package before signing it, but it also gives the employee another 7 days after they've signed the severance agreement to change their minds and cancel the deal. If this loss of the employee's job is due to mass layoff, all of those involved must be provided a 45-day period to consider the severance package.

Delphi technique (HR Planning Tools)

a panel of experts are polled, and their predictions aggregated/pooled based on points in predictions they all agree upon. It relies on a panel of experts who are kept "segregated from each other" during the forecasting process (so not to limit or bias opinions). It usually takes several rounds of questioning of the experts until the panel of experts reach a consensus.

Job Analysis

a thorough examination of a position...its duties, responsibilities, knowledge needed, skill sets required and personality characteristics. Job analysis occurs "before" a job description is drafted.

Unfair labor practice (ULP)

a violation of specific provisions of the laws administered by the NLRB that may be committed by either the employer or the union. Employers must be especially precautious as a violation of these rules (T.I.P.S.- Threaten, Interrogate, Promise, Spy) could result in the NLRB ordering the union in place. o ULPs by the employer's management were largely outlawed by the NLRA/Wagner Act. o ULPs by labor unions were largely outlawed by the LMRA/Taft-Hartley Act o Administrative Law Judges hear ULP cases and decide if actions warrant reprimand of a ULP.

Reliability

ability of an instrument/test/experiment to produce consistent results. Reliability = Consistency (RC). A typing test used to hire typists is said to be reliable if it produces a consistent measurement of a typist's speed over the first test, 2nd test, and so on. The degree of an instrument/test/experiment can measured by using the following methods:

Emotional Intelligence (EI) or Emotional Quotient (EQ)

ability to identify, assess, and control the emotions of oneself, of others, and of groups. These are necessary qualities for a leader.

secret ballot election

administered by the NLRB. If 50% + 1 employees vote yes (majority), the NLRB will certify the union as the legal bargaining representative for the unit. If election results in favor of the union, contract negotiations commence. • Employees don't have to vote; management can't stop organizing activities of employees, except in working areas during working hours; and, management can't prevent campaigning by employees in non-working areas such as breakrooms and company parking lots, during nonworking hours. Employees are free to promote unionism on their breaks, lunch and before/after work.

Occupational Safety and Health Act (OSHA)

administered by the Occupational Safety and Health Administration:

judgmental forecasting (HR Planning Tools)

an educated guess based on the considered opinion of the forecaster. It's subjective...not based on quantitative facts (usually because there aren't any).

Skills or HR Inventory (skill bank)

an inventory of skills of all the workers employed in an organization. It tells management what individual employees can do and is useful in strategic planning as well as career planning to plan for forecasted skills needs & steer employees toward any skills gaps.

Reviewing an organization's most important issues

another form of KPI. Think strategically here folks. For example, consider the percentage of the workforce that's unionized or dollar sales per employee. BIG POINT here...you are looking at measurements that are focused on what's important to the organization's business and industry.

Strategies

answer the what and why of the initiative. What I want you to remember here is that strategies are the large, global plan to reach the company's long-term goals. The key words here are global and long-term.

Agent

anyone and everyone who is a member of management in an organization. Any member of management can get an employer in trouble if they do or say the wrong thing. Front line supervisors are most susceptible as they experience the most impact of change. With a union in place, front line managers have less flexibility in assigning labor and tasks, discipline and performance communications, and moving/transferring of labor to meet production needs.

Uniformed Services in Employment & Reemployment Rights Act (USERRA)

applies to military men and women. Employers are not allowed to discriminate against someone in the military. If they are called up for active duty (National Guard, Reservist) and they return within 5 years, they must get their job back. • They have a maximum of 2 weeks to return to the job after the active duty period ends or job is forfeited. • If their job was eliminated (due to mass layoff) during their active duty period, the employer does not have to reinstate them.

Civil Service Reform Act (CSRA)

applies to public sector (government workers) only. The CSRA guarantees certain rights to members of unions representing Federal employees and imposes certain responsibilities on officers of these unions to ensure union democracy. The Office of Labor-Management Standards (OLMS) is the Federal agency with primary responsibility to enforce many of the CSRA standards of conduct. Public sector workers cannot strike or negotiate over wages or benefits, otherwise the process is similar to the National Labor Relations Act/Wagner Act and the Railway Labor Act.

Third-country nationals

aren't from the home or host country and are most often hired for short-term employment.

Situational Leadership Theory

assumes leaders need to adapt their leadership style according to the people they lead and each unique business situation.

Fetal protection policies

attempt to protect the fetus of a pregnant employee from workplace hazards. • Remember, an employer cannot discriminate against a female employee/candidate based on fetal protection policies according to the Supreme Court (United Auto Workers vs. Johnson Controls, Inc.). Decisions about the welfare of future children must be left to the parent who conceives, bears, and raises them, rather than employers who hire them. Title VII amended by the Pregnancy Discrimination Act forbids sex-specific fetal protection policies that do not fall within the bona fide occupational qualification exemption. Bottom line...employers may reduce liability around fetal protection issues by fully informing ALL employees of hazards associated with the job.

Recognitional/organizational picketing

attempts to pressure the employer into recognizing the labor union as the lawful representative of the bargaining unit without having to hold a secret ballot election

Behavioral interviewing

based on discovering how the interviewee acted in specific employment-related situations in the past. The logic is that how you behaved in the past will predict how you will behave in the future. This is an extremely popular method. This is also considered a superior system, since it focused on key behaviors and is supposed to be a better predictor of job success than other methods.

certification-year bar

before workers start gathering signatures, they must determine the election period to learn when they can initiate a petition for decertification. The election date must fall after the CBA's 1st year anniversary

Ethnocentrism

belief that only headquarter (HQ) nationals know how to properly run the company. Therefore, when new facilities are built or acquired in different countries, their key positions are staffed by HQ nationals. Therefore, adopting an ethnocentric strategy/approach or formal policy. o Key management positions held by PCNs; appropriate during early phases of MNE

Closed shop

benefit union security: required workers join union as condition of employment. Illegal since LMRA/Taft Hartley.

Maintenance of Membership

benefit union security: requirement for union members to keep their membership for the life of the CBA. Workers aren't required to join unions under a maintenance of membership arrangement, but if they do, they can't drop out of the union until the current contract ends.

Corporate Social Responsibility (CSR)

business approach that contributes to sustainable development of economic, social, and environmental benefits for all stakeholders...customers, employees, the organization and the communities in which an organization operates to ensure long-term gains for all. CSR is understood and implemented differently by each company and country. CSR can address many and various topics such as human rights, corporate governance, health and safety, environmental effects, working conditions and an organization's contribution to economic development in the communities in which they operate and the global economy. The purpose of CSR is to "drive change towards sustainability."

Employee turnover rate

calculated by dividing the total number of employees that have left the organization during a period of time by the average total number of employees during that period (could be a month, quarter or year). You then multiply the resulting number by 100 to express it as a percentage: (# of EE separations for the period/Average # of EEs on the payroll for the period) X 100

Negligent Hiring

claim made by an injured party against an employer based on the theory that the employer knew or should have known about the employee's background which, if known, indicates a dangerous or untrustworthy character. Your best defense against claims of negligent hiring - background checks, EE drug testing and EE physicals.

AAPs (Affirmative Action Plans)

commonly outsourced due to their task orientation. Each company location must have their very own AAP. The AAP is broken down by facility (location) into job groups - people who have common duties, responsibilities and pay. OFCCP (Office of Federal Contract Compliance Programs) inspects and enforces AAPs.

Criterion-Related Validity

compares a selection test to some criterion, like personality traits, behaviors or performance. It measures traits and behaviors by linking measured behavior to performance. Types of Criterion-related Validity: o Concurrent Validity (present employee method) - the criterion is in the present, administering a selection test along with the criterion - within the same timeframe. The two measurement tests are administered at the same time - i.e., skills assessment for applicants and current employees. o Predictive Validity (follow-up method) - the criterion is located in the future; a selection test is created by measuring new hires and developing a selection instrument from patterns that new hires exhibit.

EEO-1 Report

compliance survey (due by September 30th each year) that requires employers with 100+ employees to report employment data categorized by race/ethnicity, gender, and job category.

Procedural Justice (due process)

concerned with making and implementing decisions according to fair processes.

Unsafe Conditions

condition in the workplace that is likely to cause property damage or injury such as the absence of machine guards, defective tools, and hazardous atmospheric conditions.

COBRA

continues group health insurance for workers for employers with 20 or more employees. o 18 months for employees, 29 months disabled workers, 36 months for dependents of workers. o USERRA gives military men/women/dependents 24 months of continued health care coverage while on military leave.

Cost per hire

cost of finding and selecting quality human capital

NLRB vs. electromation

court case that was concerned with the use of employee involvement committees in a nonunion workplace. The NLRB successfully defeated Electromation's use of these TQM-type committees as the Administrative Law Judge ruled the company had unlawfully controlled the committees (they dominated the union) as the employees had illegally discussed pay, benefits, working hours and working conditions. Bottom-line...don't let employees discuss mandatory bargaining topics when working with your teams.

Social Security

covers 5 benefit areas: 1) death; 2) retirement; 3) disability; 4) survivorship; and 5) Medicare/Medicaid. You just need to know what it covers - not amounts.

Values

create an organization's culture and dictate employee behavior

Formal Steps

creates an appeal process for employees when a disciplinary action/judgement has been charged against them. The typical formal steps process: 1) appeal to immediate supervisor for reconsideration; 2) appeal to the mid-level manager for reversal of the decision; 3) appeal to a higher-level manager for reversal of the decision; and 4) employee submits their case to arbitration or mediation.

Secondary research

data already gathered by others; doesn't relate directly to current research but should be examined for relevance. Examples: historical data, purchased data, and professional journals.

Primary research

data gathered firsthand for a specific evaluation being conducted. Examples: surveys, questionnaires, interviews, focus groups, direct observation, and testing.

Career Pathing

defines progress an employee makes to acquire KSAs that allow them to grow and achieve their career goals.

Mission Statement

describes what an organization does and the priorities they set in pursuing their work

Vision Statement

describes where an organization wants to be in the future.

Ergonomics

design of a work environment to address the physical demands experienced by employees.

Break-even analysis

determines the point in time which revenue associated with a program is equal to the total cost of the program. Beyond that point, ROI occurs. Break-even point = (Cost/Savings) * time

Structured Interviewing

fixed format interview in which all questions are prepared beforehand and are put in the same order to each interviewee. It limits inappropriate questions from lesser trained and disciplined managers, which can reduce EEOC claims. Some of these systems may be semi-structured to allow follow-up questions and some minor deviations from script.

directive interviewing

follows a certain pre-designed path of questioning

Age Discrimination in Employment (ADEA)

forbids discrimination against any person aged 40 or older in hiring, firing, promotion, or other aspect of employment. Executives over the age of 65 and highly compensated executives may be forced to retire while others cannot.

Inpatriates

foreign national employees that have been transferred to work in the home country of an international organization on a temporary or permanent basis.

Constructive discharge

form of discrimination that forces the worker to quit due to intolerable work conditions. A court of law may find the worker was illegally and involuntarily terminated since the employee had no option but to quit. Examples of constructive discharge: reductions in pay, humiliating demotion, sexual harassment, unjustly poor performance reviews, unfair disciplinary actions and unfair retaliation.

PEST analysis

form of environmental scanning that involves the study and interpretation of the political, economic, social and technological events and trends which influence a business, industry or market. Or, an org could choose to perform a PESTLE analysis, which is more in depth, looking at political, economic, social, technological, legal and environmental factors which can impact business.

Open door policy

formal policy and corporate practice that encourages employees to approach management at any time with their issues, complaints and/or grievances. Having this policy in place can help to prevent and resolve issues to the point of escalation where an employee hires an attorney or files a complaint with a government agency, such as the EEOC or DOL's Wage & Hour division.

Risk appetite

general level of loss exposure that an organization views as acceptable, given their unique business objectives and resources. It's related to the longer-term strategy of what needs to be achieved and the resources available to achieve it, expressed in quantitative criteria. Factors evaluated can include industry, company culture, competitors, nature or their business objectives, financial strength, and capabilities of the company.

Replacement Planning

grades rank and file employees based on their past performance in case the organization must replace them.

Charts and graphs

graphical representation of data, in which the data is represented by symbols, such as bars in a bar chart, lines in a line chart, or slices in a pie chart.

Union security

guaranteed preservation of union status or revenues obtained through clauses in a labor contract (and especially through provisions for closed or union shop), maintenance of membership, preferential hiring or checkoffs.

Succession Planning

highly strategic and is used to identify and develop internal people with potential to fill key business leadership positions in the company.

Host country nationals (HCNs)

hired for jobs in their own country.

Blood Borne Pathogens

infectious microorganisms in human blood that can cause diseases in humans such as hepatitis B (HBV), hepatitis C (HCV), and human immunodeficiency virus (HIV). "Workers in many occupations are at risk of exposure: first-aid teams, housekeeping personnel in some settings, nurses and other healthcare provides. "The standard requires: • A written exposure control program • 30-years maintenance of medical records post-termination for every employee, maintenance of documented training program records • Use of engineering and work practice controls to eliminate or minimize employee exposure to blood borne pathogens. o Includes offering vaccinations to employees with potential for exposure, access to clean-up kits and self-protection measures, and other steps considered necessary as a result of a particular business enterprise.

Enterprise Resource Planning (ERP)

integrates internal and external management software and hardware across an entire organization, allowing management members to access all relevant organizational data in one comprehensive system. In HR, an ERP is used to "link all the various HR records into one cohesive database" (applicant tracking, payroll, benefits administration, employee handbook, performance, and productivity records).

Employee assistance programs (EAP)

intended to help employees deal with personal problems that might adversely impact their job performance, health and well-being. EAP's generally include short-term counseling and referral services for employees and their household members. Supervisors may also refer employees (supervisor referral) based upon unacceptable performance or conduct issues.

Scanning the Environment

internal and external collection of data to assess current company performance and to forecast future performance. In HR, we want to know what the unemployment rate forecasts is, are new competitors for labor locating to the area, are new laws coming down from federal or state legislators. Etc.

Employee Relations

involves the body of work concerned with maintaining employer-employee relationships that contribute to satisfactory productivity, motivation and morale. It's concerned with preventing and resolving problems that affect work situations. Correcting poor performance and handling employee misconduct is a large part of human resources management.

Task Force or Project Team

is a temporary team that is brought together to isolate and deal with a particular task. When the task or project is completed, the team disbands.

Nominal Group Technique (NGT) (HR Planning Tools)

is basically the same process as the Delphi technique except the panel of experts are allowed to be in the same room and can openly discuss and debate their predictions.

Participative management

is essentially employee involvement. Employee involvement programs promote company loyalty by encouraging employees to take ownership in the business.

Wage Garnishment (provision of Consumer Credit Protection Act)

is for court ordered, qualified domestic relations order such child support and alimony, or tax garnishments. Follow court orders...do as they direct.

short-term planning

is less than 12 months out.

Long-term planning

is longer than 12 months. Example: a long-term international assignment will last more than 12 months and usually involves: relocating the assignee and their family, providing for housing, food, language training, etc. Where a short-term assignment is less than 12 months and doesn't include the family while on assignment and may not include language training since it's a short-term assignment.

Mediation

is not binding. It's based on compromise, meaning it doesn't always result in a settlement of differences. It brings in an independent person between two contending parties to aid them in the settlement of their disagreement and is frequently used to settle disputes and avoid court - EEOC, Wage & Hour, Work Comp claims. Either side can walk away at any time.

Risk analysis

is the process of defining and analyzing the dangers posed to an organization by potential natural and human-caused adverse events. Management including HR leadership determines the degree of security needed by performing a risk analysis (aka security risk analysis). The organization will look at its security risk factors then the degree or probability that a risk will actually occur. Some of the factors considered include computer viruses, strikes, theft, as well as probability of natural disasters. They are categorized by levels of probability and with those highest on the list of risks, triggering the need for it to be included as an action item in an emergency response plan.

non-directive interviewing

jumps around depending on what the interviewer and interviewee wish to talk about.

Corporate Social Responsibility (CSR)

key component in developing an EVP and employer brand. CSR usually focuses on the environment and social well-being and going above and beyond what the law requires. CSR includes ethical workplace practices, energy efficiencies, green initiatives, philanthropy, and volunteerism. Benefits of CSR: better reputation in the labor market and it helps to attract candidates that seek an honorable employer; improves the company's image to stakeholders; better ethical standards; reduces risks; and, provides a positive impact on consumers, employees, stakeholders and communities.

Mass picketing

large group demonstrates in front of an employer's place of business. It's often ILLEGAL as it blocks access and entrance to the employer's property.

Retaliatory discharge

legal term for the punishment of an employee for engaging in a protected activity, such as, opposing unlawful employer practices or filing a discrimination charge. A typical claim might involve an employee being discharged for filing a workers' comp claim who was let go on some trumped-up disciplinary incident

Risk tolerance

level of risk an organization is willing to accept per individual risk, whereas risk appetite is the total risk that an organization can bear in a given risk profile. It's related to the acceptance or the outcomes of a risk should they occur and having the right resources and controls in place to absorb or "tolerate" the given risk, expressed in a qualitative and/or quantitative risk criteria.

HRIS

managerial control computer system used to make operational decisions concerning intellectual assets of the organization. The only real point you should remember for the exam is that the HRIS is a "management tool used to make real-time decisions with accurate and up-to-the-minute data."

Measures of central tendency

mean, mode and median. Mean is the average score or value. Mode is the value that occurs most frequently in a set of values. Median is the middle point above and below which 50% of the scores lie.

Income Statement aka P&L Statement

measures a company's financial performance over a specific accounting period. It shows the net profit or loss incurred over a specific accounting period, typically over a fiscal quarter or year. The IREP acronym will help you remember Income Statement aka P&L Statement. IREP stands for Income Statement is Revenue minus Expenses equals Profit.

Content-Related Validity

measures key skill sets that are essential to successful performance of the job in question. Types of Content-related validity: o Face Validity - a pre-employment test is said to have this type of validity if it seems logical that the test is linked to successful job performance. Face Validity is the WEAKEST form of validity and is toughest to use as a defense if the employer must go to court to defend a practice. o Construct Validity - a selection test that measures key behaviors, personality traits or characteristics considered essential to a particular job. Example: a test that measures certain personality characteristics of applicants when those personality characteristics are considered essential to job success. This one is favored by test writers!

POLC

model of leadership functions: planning, organizing, leading and controlling. This model nicely sums up the four main skills sets leaders much possess. Look at her graph page 20. "you plan to lead and organize to control

Americans with Disabilities Act (ADA)

must provide reasonable accommodations. o Americans with Disabilities Act Amendment Act (ADAAA) - removed the "mitigation" limitation, resulting in broader coverage for the disabled, that's all you need to know about ADAAA for your exam.

Siler 7 princes

needs analysis/assessment top management commitment HR alignment bottom line (performance productivity profits) employees are most valuable asset communication employee participation

Management & Union Responsibilities & ULPs recap

• It's illegal for management to threaten or retaliate against employees for seeking union representation or to refuse to provide union information the law requires them to provide (Excelsior List). • Employers can't interfere, restrain or coerce - (formal legalese describing the same elements of TIPS) • Members of management cannot join a union. • Management cannot discriminate for or against employees engaging in their lawful protected rights of union membership. • Both the employer and the union must bargain in good faith. This is the only ULP that applied equally to both parties.

Once a union is in place

• There can't be another union to come into play at that site unless it's for a different bargaining unit. That union will have Exclusive Rights, hired as the agent to represent the employees at that location. • The union can't be removed for one year once they are certified. • Temporary employees can be included in the bargaining agreement (stemming from coalition/multi-employer bargaining). • "Double breasting (dual shop)" - it's "legal" for an employer to have both unionized and nonunion workers within the organization doing the same tasks...usually at different locations. This is common in the construction industry. However, it is "ILLEGAL" for the employer to move work to nonunion facilities or departments simply to avoid the unionized workers, doing so for the sake of union busting, where the employer is trying to weaken the union.

Triple Constraints of Project Management (PM Triangle)

• Time/Schedule - actual time required to produce a deliverable • Cost/Resources - estimate of the amount of money required to complete a project • Scope/Quality - are the functional elements that when completed make up the end deliverable for a project. Scope is generally identified up front to give a project better chance of success. The Scope can change during the project lifecycle, a concept known as scope creep.

Union Responsibilities

• Unions have the "Duty of Representation," called Employee Bill of Rights, as mandated by the Labor Management Reporting and Disclosure Act (LMRDA)/Landrum Griffin Act. Unions may not try to influence management to discipline employees who did not join the union or refuse to represent employees because they are not union members (such as in an Open or Agency Shop). • Unions may not charge excessive fees, dues or fines to rank-and-file members. • Unions cannot threaten or intimidate employees to advance their agenda. • Neither the union nor the employer may refuse to bargain in good faith with the other party.

Work Teams

- when multiple people work together in a collaborative and cooperative environment to develop and deliver an improvement to the organization. There are subcategories of work teams:

Strategic HR

-organizational/business strategies -HR strategic planning -evaluation of HR effectiveness The process of aligning HR functions with business strategies.

24-Hour Rule or gag order

24-hours leading up to the election day, management can no longer talk to groups of employees to promote their anti-union campaign

300 Log of Work-Related Injuries and Illnesses

except for certain low-hazard employers (office-type environments), all employers with 10 or more employees are required to use the Form 300 Log to classify work-related injuries and illnesses and note the extent and severity of each case. When an incident occurs, the Log is used to record specific details about what happened and how it happened. All occupational injuries requiring more than basic first-aid treatment or deaths that occurred in the workplace must be recorded on a 300 Log. "If OSHA inspects the employer, they will normally ask for 5 years-worth of the 300 Logs."

Negligent Retention

failure to remove an employee from a position of authority/responsibility after it becomes apparent they are misusing authority/responsibility in a way that poses a danger to others. This could also be an employee changing over time, retained, although management knew the employee had changed in an ominous way.

Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)

federal contractors and subcontractors must take affirmative action to hire and promote veterans and disabled vets (not limited to just the Vietnam-era). If a federal contractor or subcontractor has contracts of $10k or more, they are required to take affirmative action in hiring and promoting veterans. A federal contractor or subcontractor with contracts of $50k or more are required to prepare a written AAP for hiring and promoting such individuals.

Railway Labor Act

first labor relations law. It gave legal right to workers in the rail industry to unionize. This act also includes the airline industry. The RLA is virtually the same as the Wagner Act and Civil Service Reform Act with the only difference being they apply to different industries. The Wagner Act applies to the private sector. The Civil Service Reform Act applies to public sector (government workers).

EEOC's Reach

first, the Equal Pay Act (EPA) covers all employers, then an employer's size matters. Study that Legal and Regulatory factors handout! The size of the employer determines if the fall under EEOC's authority. • Employers with 15 or more employees, must abide by: Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and Pregnancy Act (PDA) • Employers with 20 or more employees are covered under the above, plus Age Discrimination in Employment Act (ADEA) • Equal Pay Act (EPA) has NO LIMIT in terms of the size of employer it covers.

CSR Talent Planning and Acquisition

HR should attract, engage and retain the right set of people and align them to the company's sustainability agenda. (Princes 5, 6 & 7)

CSR Total Rewards

HR should develop and promote incentives and rewards for employee-suggested and implemented sustainability initiatives and their outstanding efforts in supporting current initiatives. (Prince #7)

CSR Employee Relations and Engagement

HR should develop and promote internal and community employee engagement/involvement programs in support of sustainability initiatives. (Prince #7)

CSR Learning and Development

HR should develop and promote training programs that support sustainability initiatives. (Prince 1 & 3)

CSR Leadership and Strategy

HR should understand what sustainability means to, and in the organization and its operations; support the implementation of the sustainability strategy, goals and practices at all levels of the organization; and create sustainable HR systems and processes. (Prince #3)

Soft HRM

HR strategy that emphasizes employees are valuable resources and the company concentrates on employee retention, communication and long-term goals. Competitive pay and rewards systems are in place, along with comprehensive training and cross-training; managers encourage teamwork and delegation and enable employee empowerment. o This HRM is a democratic or Theory Y leadership style. Appraisals are focused on professional development, there's competitive pay with performance-related rewards to retain staff and cultivate talent for long-term relationships. Two-way communication systems are established and used, with employees engaged and empowered. It's proactive.

Cross functional team

Has members from multiple functions within the organization. It's a form of matrix management, where people are put together in such a way as to create stakeholders who have a vested interest in seeing their solution is fully implemented.

Parallel forms of reliability

Reliability test: measure of reliability obtained by administering different versions of an assessment tool to the same group of individuals (both versions must contain test items that probe the same construct, skill and knowledge base). The scores from the two versions can then be correlated to evaluate the consistency of results across the alternate versions of the assessment tool. So, let's say you wanted to evaluate the reliability of a critical thinking assessment. You might create a large set of test questions that all pertain to critical thinking and then randomly split the questions up into two sets, which would represent the parallel forms.

Lilly Ledbetter Act

Revised the statute of limitations for filing a pay discrimination claim. For each paycheck, or distribution of benefits or other form of compensation marred by discrimination, the statute of limitations renews, creating a rolling open time frame (180 days)

o Self-directed Teams

- designed to provide employees a sense of ownership by allowing them to operate without a manager and by holding them accountable for their own performance. Functions normally performed by a manager, like planning, scheduling, monitoring and staffing are delegated to the self-directed work team.

• Suggestion systems

- gives employees the formal opportunity to comment on the activities of the organization.

o Cross-functional Teams

- group of people with different functional expertise working toward a common goal. (Stakeholders, from different departments which creates a wider sphere of support for the initiative.)

• Alternative work schedules

- organizations can benefit by utilizing flexible work arrangements such as part time, telecommuting, job sharing and flex time. It promotes work/life balance and empowers employees by giving them some discretion over their work schedule.

Lean and six sigma

- these are process improvement methods that are designed to re-engineer the workplace by making it more efficient.

Visas

*Study chart on page 46* • Immigrant Visas - for people who intend to live permanently in the U.S. • Non-immigrant Visas are for people with permanent residence outside the U.S. but wish to be in the U.S. on a temporary basis for tourism, medical treatment, business, temporary work or study.

Zero-based budgeting (ZBB)

- (test writers like this one) forces managers to scrutinize all spending and requires justifying every penny on this year's budget. "It starts over from scratch each year" and is very detail-oriented, consuming a lot of resources and time. It avoids blanket increases (incremental budgeting) and may save money.

Traditional HR

- Primarily administrative - Legal - Paperwork - Processes

ADAAA

Americans with Disabilities Act Amendments Act. removed the mitigation limitation, resulting in broader coverage for the disabled making it easier for an employee seeking protection under the act to establish that they have a disability.

Six sigma

Essential goal is to "eliminate defects as well as waste, " thereby improving quality and efficiency, By streamlining and improving all business processes. It "drives toward six standard deviations between the mean (the average)" and the nearest specification limit in any process - from manufacturing to transactional and from product to service delivery.

Public policy

Exceptions to At-Will: serving on jury duty, filing for workers' comp, refusing to commit perjury, whistleblowing. Public policy violations are most common violations of the at-will doctrine.

HR Planning Tools

HEADER: Predicting the future is one of the more important tasks for the senior leadership team during the planning process. The HR team must estimate or anticipate future developments in business such as available manpower, economic trends, pay scale/benefits inflation, employee turnover, and new compliance from legislative activities. Common tools HR practitioners use are:

Research Terms & Techniques

HEADER: Planning requires analysis, which requires research. The following are all relative and likely to appear on your exam.

9-box grid performance and potential matrix

HR metric that is strategically-related to revenue and a helpful used by managers to assess the potential of individuals identified as promotional material. It is used in succession planning to determine and identify future successors. When leadership performance and potential are assessed and plotted on the graph, individuals in the upper right quadrant are identified as high-potential candidates for succession, while those in the lower left quadrant may need to be reassigned or removed from the organization.

Balanced Scorecard Approach

KPI, it links performance to goals; provides a concise, yet overall picture of an organization's performance as measured against goals in four areas from the perspective of stakeholders. The four areas: 'finance, customers, internal business processes, and learning and growth.'

Other Organization structure

Know centralized and Decentralized more. Functional-headquarters HR is staffed with specialists who craft policies. HR generalist, who may be located within divisions or other locales, implement these policies, adapt them as needed, and interact with employees. dedicated- allows organizations with different strategies in multiple units to apply each our expertise to each unit specific strategic needs. shared services - each business unit can supplement its resources by selecting what it needs from a menu of shared HR services (usually transactional) that the units agree to share.

Statutory law's

Laws and acts that a legislative body passes, like FMLA, FLSA, EDA, equal pay act.

Merger

Legal consolidation of two companies into one entity

Virtual team

Members of the team do not meet in the same physical location. Primary means of communication is electron it. It cuts across borders, time zones and cultures.

Common situs picketing

The LMRA/Taft-Hartley Act made the following illegal: limits picketing rights so as not to disrupt or interfere with innocent organizations that aren't directly involved in a labor dispute. Example here: the closure of a construction site with a picket line as a result of a grievance held against a single subcontractor on the project. The other subcontractors must not be interfered with. Picketing must be restricted to the entrance of the struck employer so as not to encourage a secondary boycott on the part of the employees of a neutral employer.

Employee Stock Ownership Plan (ESOP)

Plans to compensate, retain, and attract employees by giving them the right to buy a specific number of company shares at a fixed, attractive price. The company hopes the employees are motivated to help the company succeed and drive the price of the stock higher. Again, creating stakeholders for a win-win.

Closed Shops

The LMRA/Taft-Hartley Act made the following illegal: required an employer to hire only union members as a precondition of employment.

Hot Cargo Clauses

The LMRA/Taft-Hartley Act made the following illegal: were clauses in a union contract allowing employees to refuse to handle or work on goods shipped from a struck plant or to provide services to an employer listed on a union unfair list. For example, it provided that union workers at neutral companies, such as warehouses, could refuse goods from a struck employer. No more of this. LMRA made this illegal.

Trompenaars and Hampden Turner three Rs

Recognize-management needs to recognize the difference workers from diverse backgrounds bring. Respect-once management recognizes the diverse nature of its workforce they must respect these differences. Reconcile-after recognizing and respecting these cultural differences between workers, the leader's primary responsibility is to reconcile these variances and build a high performing work team

Organizational design or structure

The way a company sets itself up to function. You may be asked questions about what type of organizational design or structure works best based on information provided in a scenario on your exam.

Strikes

U.S., there is a legally protected right for private sector employees to strike to gain better wages, benefits or working conditions and they cannot be fired. • Striking for economic reasons (better wages, benefits, working conditions) allows an employer to hire permanent replacements. Replacement workers can continue on the job and then the striking worker must wait for a vacancy. • In the U.S., it's legal to fire striking public sector workers as they have no legal right to strike.

Petitioning for an Election & Election Procedures

With at least 30% of the unit's signed authorization cards in hand, the union will file for petition with the NLRB. was there another election held within the unit within the last year (there can only be one per year). Both employer and union campaign.

Problem-solving teams

Work through the details of a problem to reach a solution. They are temporary and cross-functional, with team members having various relevant skill sets.

For-cause termination.

When an employee is terminated for cause. They're fired for a specific violation of a company rule.

Decertification

elections authorized by the LMRA/Taft-Hartley Act: A union can be removed as the exclusive bargaining rep for a unit

A union can become the exclusive bargaining representative for a designated group of employees (called a bargaining unit) 3 ways:

• Voluntary recognition. The union collects "signed authorization cards" from the majority of the workers in the unit "(that's 50% + 1)." With those in hand, the union will petition the NLRB to be recognized as the unit's exclusive bargaining representative with no additional voting required. Open shop employers (employers who wish to remain union-free) usually challenge the signatures as being suspect. • Petition for Election by simple majority. With at "least 30% of the authorization cards signed," the union will file for petition with the NLRB for a secret ballot election. o If "50% + 1" of the employees vote in support of unionism in the secret ballot election conducted by the NLRB, the NLRB will proclaim the union as the legal representative for that unit. • Involuntary recognition ordered by the NLRB as a result of an employer's unfair labor practices that may have cost the union obtaining recognition. NOTE: A Sweetheart contract could be in play. These can take the form of a neutrality agreement, where the union and employer enter into an agreement that provides favorable terms in a CBA to the employer in return for something that benefits the union (such as the employer not opposing a union organizing drive and voluntarily recognizing the union as the lawful bargaining agent for the unit by foregoing a secret ballot election).

Norris-LaGuardia

(AKA Anti-Injunction Act) banned yellow-dog contracts, barred the federal courts from issuing injunctions against nonviolent labor disputes, and created a positive right of noninterference by employers against workers joining trade unions. When it came into law, it meant: • No more injunctions from judges. The only person who can interfere and issue an injunction against labor unrest now is the President of the U.S. during national emergencies. • No more local judges (Administrative Law Judges - ALJ) can sit in judgement of labor unrest issues. • Yellow-dog contracts are illegal. A yellow-dog contract is a pre-hire employment agreement whereby a worker promises not to join a labor union as a condition of being granted employment.

Traditional culture

(Also called Hierarchy, Authoritarian) - Typically, there's a clear chain of command in this culture with clearly defined roles and responsibilities. It's founded on structure and control and is usually top-down driven. The values include consistency and uniformity and procedures are normally standardized and strictly enforced. For organizations that have well-established, tried and true methods for conducting business, a tradition, hierarchy culture may be most effective. Examples...think of stereotypical large, bureaucratic organizations like McDonald's, the military or the Department of Labor.

Innovative culture

(aka Adhocracy Organic) Culture, - This culture is based on energy and creativity. Employees are encouraged to take risks, and leaders are seen as innovators and entrepreneurs. The organization is held together by experimentation, with an emphasis on individual ingenuity and freedom. The core values are based on change and agility. Facebook can be seen as a typical innovative, adhocracy organization, based on Zuckerberg's famous speech, "move fast and break things - unless you are breaking stuff, you aren't moving fast enough."

Highly skilled culture

(aka Market) Culture - This culture is built upon the dynamics of 'competition and achieving concrete results'. The focus is 'goal-oriented', with leaders who are tough and demanding. The organization is united by a common goal to succeed and beat all rivals. The main value drivers are market share and profitability. This culture is sometimes referred to as a "baseball team" culture, where they focus on recruiting top talent - people who can achieve results that directly impact the bottom line. A good example of this culture is General Electric. Their former CEO, Jack Welch, declared that every GE business unit must rank first or second in its respective market or face being sold off. This culture is also common of high-risk organizations such as financial speculation (Wall Street, investment firms).

Ishikawa diagram

(also called fishbone, Fishakawa, herringbone or cause and effect diagram) identifies the specific causes and resulting effect of a specific action. They are used to identify and understand problems and obstacles when planning. They are also a tool utilized heavily in TQM (Total Quality Management)

Common law

(also known as Case Law) is a complex set of rules and precedents that are developed by judges in the court system as they interpret Statutory Law with their courtroom decisions.

Wagner Act

(also known as the National Labor Relations Act - NLRA) pertains to most private sector industry organizations and gives workers legal right to organize. It was enacted to protect workers from interference with unions by industry. It also restricted the ways that employers could interfere and react to labor practices in the private sector, including collective bargaining, labor unions and striking. • Provides rules on how a union is voted in • Defined how the secret ballot election process works • Defined how an employer must negotiate in good faith with the union if they win an election • Defined how the collective bargaining agreement works • Created the National Labor Relations Board (NLRB) to be the Act's administrator and referee between unions and employers (note here that NLRB has jurisdiction over private sector employers only - it has no Railway Labor Act or Civil Service Reform Act authority) You should expect some questions to come from the Wagner Act (NLRA). This Act remains the overall labor framework in the U.S. It defines the practice and procedure of collective bargaining. It protects worker representatives while negotiating terms and conditions of employment.

Labor Management Relations Act

(also known as the Taft-Hartley Act) is seen the most on the exams. It amended the NLRA/Wagner Act. The LMRA/Taft-Hartley Act was designed to clean up a lot of the loose ends that weren't well defined in the NLRA. It covered about 16 different topics. These are the important ones: • Allows union decertification elections. Prior to the LMRA being placed into law, employees didn't have a way of getting rid of a union if they no longer wanted it. • Allows states to classify themselves as a Right-to-Work State • Refined and defined the unfair labor practice (ULP) system • Required unions and employer to give a 60 days' notice to each other and to certain state and federal mediation bodies before they undertake strikes, lockouts or other forms of economic action in pursuit of a new collective bargaining agreement. It didn't impose any cooling off period after a contract expired.

McGregor's Theory X

(negative view) assumes the average person dislikes work, lacks ambition, avoids responsibility and prefers to be led and supervised. Therefore, most employees must be forced with the threat of punishment/dismissal to motivate them to work. Leaders that choose this approach will put strict operational guidelines in place to guide front-line employees through their day-to-day routines. Theory X would work well with Traditional structure.

McGregor's Theory Y

(positive view) assumes employees are internally driven to success, like work, seek responsibility and exercise self-direction and self-control. Leaders that apply this approach will exercise participative decision-making and make sure employees know they are free to try new things and learn from their mistakes, matching employees up with job tasks that truly interest them and provide opportunities for growth to accept larger roles within the company. Theory Y would work well with motivation leadership structure.

Analyze the organization's position.

First, outline the organization's overall direction, philosophy, and purpose (that's formulating the plan) o The mission statement and former strategic business plans are analyzed (that's conducting a needs analysis) o The organization's current status in terms of strengths, weaknesses, opportunities, and threats must be considered (which is a form of gap analysis) o Now forecasting and planning will only be as good as the information the decisions are based upon. Environmental scanning is a common practice an organization engages in to gather necessary information that will influence the planning process.

HR Planning Tools: Measuring Outcomes...Seeking ROI

HR planning includes measuring and monitoring outcomes. All of the following are key metrics HR uses to measure outcomes and ultimately to develop strategies for greatest ROI. We're officially talking about HRM & HCM analytics/KPIs. Test writers tend favor those listed below.

Hard HRM

HR strategy that emphasizes employees as resources that either benefit or are a detriment to the company. Employees are viewed as resources, much like production equipment; little to no communication is disseminated down from top management to the lowest rank employees. o This HRM style is an autocratic style. Remember McGregor's Theory X? Yes, this is it. There's little focus on employee engagement. Appraisals are focused on performance evaluation - they pay only enough to attract and retain staff, and there's minimal communication from the top down, with little focus on employee engagement. It's reactive.

Project Management Life Cycle

IPEMCC 1. Initiating- identifying objectives/ deliverables and initiate project 2. Planning- define project objectives/ deliverables 3. Executing- assign tasks and responsibilities. Distribute resources. Perform project work. 4. Monitoring and Controlling- measure/monitor results. Determine if project is on schedule, within budget and producing quality deliverables. 5. Closing- Project completed and accepted. Perform outcomes and processes for lessons learned.

Centralized (organizational structure)

Important decisions are taken on by top level management. rely on one individual making decisions and providing direction for the company. Small business will often use this structure as the owner is ultimately responsible for the company's business operations. This structure has an emphasis on top-down control and leadership; operational control is tight and able to be decisive, fast and coordinated.

Planning

POLC: Identifying, viewing, defining and selecting the goals and plans of action in order to achieve goals

Leading

POLC: Working with and through people to accomplish goals. Involves decision-making, motivating, teaching, communicating, guiding, and directing.

Organizing

POLC: Defining, arranging and structuring the working relationships which allow workers to achieve organizational goals.

Test/Retest

Reliability test: measures the degree to which scores are consistent over time. Each time you give the test, if scores are similar to the last time, the test is reliable in measuring what it's supposed to measure. Example: a test designed to assess learning from a training program could be given to a group of training participants twice, with the second test (same questions) administered a week after the first test. The obtained correlation coefficient (relationship between the scores) would indicate the reliability of the test.

ACA

Patent protection and affordable care act. 50 through 99 employees. Purpose to ensure all Americans have access to quality, affordable healthcare. Illuminates lifetime annual limits on benefits and prohibits cancellations recessions of health insurance policies due to health problems. Requires preventative services and immunization coverage and extends dependence coverage up to age 26. Provide assistance to those uninsured due to pre-existing health conditions. Caps insurance companies non-medical, administrative expenditures. Ensure his customers have access to an effective appeal process and provide a source of assistance in navigating the appeals process and accessing their coverage. Facilitate simplification of health insurance administration to lower health system cost and establish portal to assist Americans with identifying coverage options and uniform coverage documents to erase and comparing coverage when shopping for health insurance. Created temporary reinsurance programs to support coverage for early retirees.

Inter-Rater Reliability, also known as Internal Consistency, Rater agreement or Multi-Rater

Reliability test: used to assess the degree to which different raters or observers give consistent estimates of the same characteristics, skill, quality or behavior. Inter-Rater Reliability can be checked by calculating the percentage of agreement between raters. It is especially useful when there are multiple raters/judges and those judgements can be considered relatively subjective, rather than objective, as is the case when using 360-degree feedback surveys, conducting candidate interviews, or evaluating employees using an assessment center.

Total Quality Management (TQM)

Seeks continuous improvement in an organization's products, quality, and services by involving the workers in the creation and implementation of process improvements. Employees solve quality issues. Everyone has a voice on the team and is an equal contributor-'quality circle'. These are usually made up of cross functional group of workers who are invested in the topic to be resolved.

Reductions in Force (RIF)

These are the steps: 1) Allow employees to voluntarily leave (quit, retire, transfer); 2) Entice EEs with early retirement (watch for discrimination); 3) Offer Voluntary Severance Programs; ("Voluntary Severance Programs" give employees the opportunity to self-identify their willingness to voluntarily resign, and usually involves some type of incentive severance pay.) 4) Compulsory layoff (usually done by seniority to limit discrimination)

Decentralized organizational structures

Systematic delegation of authority at all levels within the organization. Individuals at each level in the business having some independence and making business decisions. You'll see decision-making at lower levels of management and emphasis on training workers and giving them discretionary authority in this structure. It's usually a democratic and participative environment. Span of control of top management and Decentralized organizations is relatively small due to autonomy at the lower ranks.

ADA

The Americans with Disabilities Act of 1990 is a civil rights law that prohibits discrimination based on disability. must make reasonable accommodation for applicants and employees if they have a permanent life-threatening life limiting disability. The employee/applicant must be able to perform the essential job functions. 15 or more employees, employment agencies, labor organizations, and joint labor management communities.

Secondary boycotts

The LMRA/Taft-Hartley Act made the following illegal: actions in which unions picket, strike or refuse to handle the goods of a business with which they have no primary dispute, but which is associated with a targeted business which is having products or services created by replacement workers during a labor dispute. There are a couple of exceptions to the rule: o Ally doctrine - allows a union to picket a secondary employer which has become an ally of the primary employer by entering an arrangement under which the ally agrees to assist in the dispute by performing farmed out work. In other words, the ally is doing work the strikers would have been doing if they had remained on the job. The ally is essentially acting as a large "replacement employee" or scab organization. o Alter ego employer - is sister operations of the same firm. An alter ego company may result when the same owner and manager of a company shuts down operations and reopens doing the same thing but with a new name. In this case, this new entity may be legally picketed without consequences of secondary boycotts. "Both ally and alter egos may be legally picketed and boycotted."

Featherbedding

The LMRA/Taft-Hartley Act made the following illegal: insistence by a union on employment of unnecessary workers. Which was essentially demanding payment for work no longer performed by workers due to the incorporation of more automated processes (with machinery or robots) or due to market changes. It dramatically increases labor costs and decreases productivity.

Excelsior

The NLRB requires employers to provide an Excelsior List to the union within 2 days following the NLRB's order for an election. It must be provided electronically and include names and contact information for all employees eligible to vote in the election, as well as their work locations, shifts, and job classifications.

ERISA

There's no requirement to offer retirement benefits, but if you do, you must do as you promised. o Under ERISA is the Pension Benefit Guarantee Corporation (PBGC), which protects retirees' retirement funds. They make sure money is set aside in trust funds to cover underfunded pensions.

Employer Value Proposition (EVP)

a unique set of offerings, associations, and values an organization utilizes to positively influence targeted candidates and employees. It's what a company is famous for as an employer. An EVP gives current and future employees a reason to work for an employer and reflects the company's competitive advantage. Employers who effectively manage their EVP, benefit from an increase in their talent pool and employee engagement. By analyzing factors that influence an organization's employer brand and defining a strong and authentic EVP, an employer can deliver factual and consistent communications during recruitment and selection phases and develop an attractive and unique employer brand. An EVP is the foundation of employment branding.

Systems Thinking Theory

approach to problem-solving that sees complex entities as a series of components with each part interacting with and influencing the rest. This approach can be applied to managing organizations: various divisions, units and teams - the components - of a large organization are seen to continually interact with and affect each other. In effect, they behave collectively as a system. HR teams are already well placed to lead systems thinking in organizations, usually having a less target driven approach than their counterparts and they have a better view across all departments. Although shifting an organization's culture can be a slow process, HR can initiate a whole-system approach through processes they own, including recruitment and reflecting in performance appraisals the right kinds of systems thinking and improvement behavior.

Wildcat strikes

are not protected by the NLRA; therefore, the strikers can be terminated with no right or privilege to return to work.

KPIs (Key Performance Indicators)

are quantifiable measures of performance used to gauge progress toward strategic objectives or agreed standards of performance. KPIs can be evaluated by any of the following.

Duty of good faith and fair dealing

assumption of the law of contracts that the employer will act in good faith and deal fairly without breaking their word, using ominous means to avoid their obligations, or denying what the other party obviously understood.

Strategic Choice Theory

believes that external forces shape business strategies in a 'reactive, rather than proactive manner.' These external forces and variables modify decisions managers make when implementing organizational changes. Here's a good example of strategic choice theory in action. Let's say you are the HR manager at a company. You have a recruitment and retention strategy and process that has been successful. A new local competitor for labor moves in to your area and is luring your best and brightest employees to join them. Therefore, you are forced to scrap your current strategy as it is inadequate and develop and new and improved strategy. You've had to become reactive, rather than proactive.

Bumping

benefit union security: a right arising from a CBA where employee(s) who would be scheduled for layoff are permitted to displace fewer senior employees in other job classifications for which they are qualified.

Zipper clause

benefit union security: prevents renegotiation of conditions covered in the CBA for the life of the contract. They're designed to prevent the employer from changing the contract before the next round of bargaining is due to commence.

Reopener clause

benefit union security: reopens negotiations during the term of the contract (usually to discuss wages due to the employer's inability to offer an increase at the time of initial contract talks). It's the opposite of a zipper clause.

Union shop

benefit union security: requires all employees to become members of the union, usually within 30 days of hiring, and to retain their membership throughout their employment.

Dues check-off

benefit union security: employer deducts union dues from member's paychecks through payroll deduction, remitting the lump sum to the union. Unions love check-offs as it eliminates their collecting dues individually from members.

Agency shop

benefit union security: workplace where even if workers do not join the union, they must still pay the equivalent of dues to the union. (It doesn't make much sense for workers to exercise this option because they would not be able to vote on CBA renewals, attend union meetings, hold union office like being a union steward or even receive the union newsletter.) o The union terminology for employees paying their dues in this case is called "fair share."

Illegal bargaining subjects

cannot be bargained over by either party...they are totally off the table. They are subjects that would violate a law and cannot be entered legally in a CBA...even if both parties agree to do so. Examples of illegal bargaining topics: closed shop, hot cargo clauses and discrimination against a protected class. • The employee disciplinary process? Mandatory. It's a primary item under working conditions. • Type and use of selection test in the hiring process? Mandatory. Selection tests are a term and condition of employment. • Is seniority a mandatory issue? Mandatory. It's the basis for pay, benefits, promotions and layoffs. This is a common test question. • Premium pay for supervisors? Permissive subject. Remember that supervisors can't join the union...they won't have the privilege of representation.

Age Discrimination in Employment Act (ADEA)

cannot discriminate against older workers regarding health benefits.

At-Will

common law principal that states employers have the right to hire, fire, demote and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time. It's an employee-employer relationship not controlled by a formal contract. Make sure you know the exceptions (can't discriminate against age, sex, religion, disability, veteran status, union membership, etc.)

Mandatory bargaining subjects

directly impact wages, hours and working conditions (formally, we're talking about the terms and conditions of employment, here). These are subjects over which the employer and union must bargain if a proposal is made to do so by either party. This does NOT mean they have to reach an agreement on such proposals, but they must engage in the process of bargaining in good faith. Mandatory subjects may be bargained to the point of gridlock. • Examples of mandatory bargaining subjects: hourly rates of pay, OT pay, shift differentials, holiday pay, pensions, profit sharing plans, grievance procedures, sick leave, work rules, seniority and promotion, compulsory retirement age and management rights clauses. • Unions try to make seniority a centerpiece of their collective bargaining contract as it has one of the greatest potentials for increasing their wealth. Based on seniority level, employees can be promoted, transferred, assigned new shifts and/or schedules, accrue additional vacation time and be immune to layoff. • Management rights or prerogatives - management still has the right to manage and operate their business as they see fit. A union has no right to tell a company how to run their business (their profit margins, which markets to sell in, quality control standards, pricing of products/services). Management rights clauses are expressly included in CBAs and generally include the right to hire, fire, promote, suspend, and discharge employees, direct the work of employees and establish operating policies.

Good faith bargaining

duty of the employer and the union to meet and negotiate at reasonable times with a genuine willingness to reach agreement on matters within the scope of representation. However, neither party is required to make a concession or agree to any proposal. Both parties are required by law to negotiate wages, hours and terms and conditions of employment "in good faith." This is both parties communicating and negotiating, matching proposal with counterproposals in a reasonable effort to arrive at an agreement. Neither party can compel the other to agree to a proposal or to make any specific concessions.

Deauthorization

elections authorized by the LMRA/Taft-Hartley Act: A forced unionism clause in a CBA in non-RTW states can be removed through a election. Both are overseen and conducted by the NLRB however, employees play the leading role in these. give workers a means of holding union officials in non-RTW states accountable for responsible leadership as they stand to suffer loss of union revenue (those dues). I

Stress Interviewing

emotionally-charged interview setting where the interviewee is put under psychological stress to evaluate how he/she performs under pressure. Usually the candidate is applying for a high-stress position.

Headquarter nationals/parent country nationals

employees from the country of center of operations of a particular employer.

Concerted activities

employees have the right to self-organize, form, join or assist labor organizations, to bargain collectively through representatives of their own choosing and to engage in other concerted activities for the purpose of "collective bargaining or other mutual aid or protection." Protected concerted activities sometimes include employee conduct that has nothing to do with unions directly, like when employees act together to complain about their pay, benefits, workplace, and/or their jobs.

Weingarten Rights

employees in a unionized setting have the right to insist upon the presence of a co-worker or union rep in an investigatory interview that is reasonably believed will result in disciplinary action against the employee. They are also entitled to consult with such rep prior to the investigatory interview.

Non-exempt

employees must be paid time-and-one-half their regular rate of pay when they work more than 40 hours in a work week. OT is calculated by the work week - this means any 7 consecutive days.

Expatriates

employees who are asked to work outside their home countries for a period with the intent of returning to their home countries.

Legal Factors

employer MUST provide to (everything else is voluntary): 1. Minimum Wage (per the FLSA) 2. Time and one half for hours worked over 40 in a workweek for non-exempt employees (per the FLSA) 3. FICA, SUTA, Withholdings (Federal and state governments want those taxes) 4. Workers Compensation (DOL's Office of Worker's Compensation Programs) 5. Safe Environment (per the General Duty Clause) While these are all an employer is required to provide, they must do what they promise. If you promise retirement, vacation, sick leave, etc., you must give it, based on those company rules/policies. Employers are also required to pay at least minimum wage and time-and-one-half for hours worked over 40 in a workweek, for non-exempt employees. If you can remember these two concepts, you will be able to answer several questions correctly on exam day. FLASH Quiz: Q: May an employer reduce a worker's pay without advanced notice? A: Yes, but may not reduce a worker's pay below the minimum wage level. (Remember exams covers federal laws. You won't be tested on state law.) Q: May an employer promise to give a worker time off in the following work week to offset the overtime they worked this week? A: Generally, no. Government employers can offer "compensatory leave time" to hourly, non-exempt employees but at a rate of 1.5 hours of comp time to offset the OT. Private sector employers MUST pay OT at the rate of 1.5 times their normal pay rate for all hours worked over 40 within a work week to employees classified as non-exempt. Q: How many hours on a school day may a 15-year-old work? A: 3 hours. How many hours can they work during a school week? A: 18 hours. Q: How many hours on a non-school day may a 15-year-old work? A: 8 hours. How many can they work in a non-school week? A: 40 hours Q: What are the hours of work for a 15-year-old during the school year? During the summer/non-school months? A: Not before 7am or after 7pm; not before 7am or after 9pm Q: How far do you back pay an employee if you made an honest error? A: 2 years. If you committed a willful violation, such as exempt classification, 3 years. Q: How long does the Wage & Hour Division require you to maintain payroll records? A: 3 years' maximum.

Health Insurance Portability and Accountability Act (HIPAA)

employers are prohibited from knowing or using PHI (personal health information) as a basis for employment decisions.

Internal vs. external recruiting

employers have to determine whether to recruit and promote from within or from outside based on a number of factors.

Personal Protective Equipment (PPE)

equipment worn to minimize exposure to serious workplace injuries and illnesses.

WARN Act (Workers Adjustment and Retraining Notification Act)

intended to give workers and their families transition time to adjust to the prospective loss of employment, to seek and obtain other employment, and/or to enter skills training or re-training programs to successfully compete in the job market. • requires 60-day advance-notice of significant mass layoffs or plant closings. • applies to employers with 100+ workers. A mass layoff is when 50 or more employees are to lose their jobs and these 50 represent 33%+ of the workers at their location. Or, anytime there is a layoff of 500+ workers. Exceptions to WARN in extenuating circumstances: o Acts of God (company destroyed by tornado, hurricane, flood, fire). o Unforeseen business circumstances such as when a large client pulls their order, a loan is recalled, the market collapses or recession hits. o When publicizing the state of company affairs would jeopardize business continuity (trying to obtain a loan or bidding on a large job).

HR Audits

intensive and objective examination of an organization's HR strategies, policies, practices and processes. The goal of an HR Audit is to 'protect the organization, establish best practices, and identify opportunities for improvement.' They look at both numerical indicators (time to fill positions, EE satisfaction rates, grievances) and are an in-depth assessment of adequacy of the HR function's policies, practices and processes in support of business strategy and their ability to minimize risks.

Intentional infliction of emotional distress

involves egregious conduct, bad enough to cause severe emotional trauma in the victim. It's extreme harassment that leaves lasting emotional scars.

Changing and/or moving

is the change stage where people begin to come to terms with their uncertainty and look for new ways of doing things. People will start to believe and act in ways that support the new direction of the change initiative. Support is critical at this stage and can come in the form of training, coaching and expecting mistakes as part of the process. Allowing people to be involved in developing and implementing the change will bring greater acceptance from them...they must become stakeholders in the success of the change if they are involved in its development. HR's role is to communicate during the change stage. See where Siler's Prince #7 can help you answer questions on this concept?

Unfreezing

is the first stage of the change process. This stage prepares the organization and workforce to accept that change is necessary, which involves breaking down that existing state of affairs or status quo before building up a new way of operating and doing things. The workforce must get to the point of understanding change is necessary and that they must move away from their current methods and comfort zones.

Matrix management

is the practice of managing individuals with more than one reporting line (matrix organizational structure). The matrix structure is also commonly used to describe managing cross-functional, cross-business groups and other forms of working that cross the traditional vertical business units which often appear with silos of function and geographical location.

Human Resources Management (HRM)

is the process of managing the intellectual assets (the employees) of an organization in an orderly and structured manner. It covers the field of staffing, retention, pay & perks, performance management, change management and so on.

Strategic planning

is the systematic process of envisioning a desired future and translating this vision into broadly defined goals or objectives, and a sequence of steps to achieve them. Strategic planning is vital because it aligns the organization's vision, mission and goals. In the model I have for you here which is memory-friendly, you'll recognize our trusted friend, ADDIE! Each step closely corresponds with the ADDIE model.

Right-to-Work (RTW)

laws are state laws that prohibit both the closed and union shop. There are statutes in many states that prohibit union security agreements, or agreements between employers and labor unions, that govern the extent to which an established union can require employee memberships, payment of union dues, or fees as a condition of employment, either before or after being hired. • RTW laws are a large threat to unionism and pose significant union security issues. They remove the bargaining unit's requirement that all members must pay dues. • A RTW law secures the right of employees to decide for themselves whether or not to join or financially support a union. Union members have the right to resign from membership at any time, becoming what is known as a "free rider". But, if a union member resigns, they will not be able to participate in union elections, or meetings, or vote in collective bargaining ratification elections or participate in other internal union activities. If a union member resigns, they are still fully-covered by the CBA and the union remains obligated to represent the worker. Any benefits provided by the CBA (wages, seniority, paid leave, pension, health insurance, bumping) will not be affected by the resignation.

Signal picketing

non-traditional form of picketing where no picketers walk a picket line, instead, a large inflatable rat, or clear signage is placed in front of the employer's business as a signal for all to see that the location is being protested for some labor dispute.

Nearshoring

outsourcing of "business processes" to nearby countries, often sharing borders, to maximize business efficiency but reduce the barriers of traditional offshoring (like, cultural, communication & technological differences).

Resident aliens

pass either the 'green card test or the substantial presence' test or they elect to be treated as a resident alien during their first year of working in the U.S. Inpatriates are foreign national employees that have been transferred to work in the home country of an international organization on a temporary or permanent basis.

Permissive (voluntary) bargaining subjects

not directly related to pay, benefits, working hours and working conditions. Parties may agree to bargain over voluntary subjects but aren't required by law to do so and can refuse to negotiate these without fear of an ULP charge. • Examples of voluntary subjects: internal union business functions, designation of negotiators, employer's marketing strategies, prices of employer's products/services, and use of union labels on goods and shipping containers. • Social issues are also voluntary subjects: company bowling league, holiday parties, exercise classes, social responsibility initiatives and any other social activities. • At little more here on social responsibility included in bargaining topics. At its simplest, corporate social responsibility can give money to charity, clean up road sides, provide workers time-off with pay for volunteerism to local charities, etc. Companies can also use their influence to pressure government agencies and other companies to treat people and resources ethically. Although these are voluntary bargaining topics, they make good business sense as they help to build the corporate brand.

Exempt

not eligible for overtime compensation. o minimum wage requirements, $684/wk, $35,568/yr as of January 1, 2020

Professional:

o Learned professional - must have a 4-year college degree or doing work that usually requires a 4-year degree (teaching, accounting, medicine, law, engineering). o Creative professional does work requiring invention, imagination, or talking in a recognized artistic field (journalists, reporters, novelists, painters, photographers, composers, musicians). o Computer professional - covers system analysts, programmers, software engineers...not help-desk or computer-repair technician-types who merely provide support by referring to a manual. Must be paid at least $684/wk OR can be paid hourly at no less than $27.63/hour with no OT. It is the ONLY exempt category that has an hourly basis test!

Cultural noise/Politically correct

occurs when an applicant gives answers based on what they think the interviewer wants to hear. They've possibly attended some classes on interviewing skills and give the interviewer back what they've been taught, not what they really believe or know.

Stereotyping

occurs when an applicant is perceived by the interviewer based on characteristics known to the group to which he/she belongs, rather than their personal characteristics. Employers need to be especially careful about stereotypes of minority groups, as discrimination based on such can lead to legal action.

Negligent Training

occurs when an employer fails to use reasonable care in training its employees to prevent them from engaging in acts or a pattern of behaviors that can injure the employee or others.

Contrast error

occurs when an interviewer is presented with a number of candidates and bases their decisions on how candidates measure up against one another. They compare candidates against one another instead of comparing them all against the requirements of the position.

Similar-to-me bias

occurs when interviewers give higher marks to candidates they identify with versus them having the necessary job skills. It's also known as "like attracts like" error.

Non-verbal bias

occurs when interviewers over-read or place too much emphasis on non-verbal expressions. This can come in the form of poor eye contact, slouching, hand movements, etc., and may not mean the candidate is not capable of doing the job.

Return-to-Work programs (modified duty)

offer employees less-strenuous jobs until they are fit to return to their regular jobs.

Voluntary/early retirement

often offered when an employer anticipates layoffs and wants to reduce the number of affected workers by offering additional incentives to those willing to retire sooner than planned. Complex rules govern vesting and payment of benefits for these workers, such as:

Strategy evaluation

one of the most important steps in the strategic plan is monitoring overall progress. Creating a feedback system can help to automate corrective actions.

Measures of variation

provide an indicator of variation around central tendency values. Measures of variation are important for measuring training effectiveness. o Range - distance between highest and lowest scores. It's the highest score minus lowest score. o Percentile - specific point in a distribution that has a given percentage of cases below it. o Standard deviation - shows how much the scores spread out around the mean or the average. o Correlation - measures the relationship between two variables. A "Complete Correlation" is when one variable increases as the other increases. "Negative Correlation" is when one value increases as the other decreases. "Absence of Correlation" is when there is no correlation or relationship between the two variables. o Regression analysis - a statistical method used to predict a variable from one or more predictor variables. This analysis's purpose is to determine whether a relation exists between the variables and the strength of that relationship. o Inferential statistics - allow for 'forming a conclusion' about characteristics of a population by studying a sampling of that population. EX. polling 25 TMs instead of 100

FMLA

provides 12-weeks unpaid time off with no negative consequences for workers. Covers birth, adoption, serious medical conditions. Employers with 50 employees within a 75-mile radius must provide FML.

Dual Career Paths/ladders

provides employees either a management or technical skills advancement. Great strategy for retention of critical talent.

Informational picketing

provides truthful information to by-passers regarding a labor dispute. It's intended to embarrass the employer and pressure them to settle the dispute.

Goal-setting Theory (Management by Objectives)

relies on the defining of objectives for each employee and then comparing and directing their performance against the objectives. Goals must be established in a collaborative process between the employee and the manager.

Formula-based budgeting

relies on the use of specified criteria in allocating resources. For example, a "departmental budget" may be based on some pre-determined formula, like, for X number of employees, the L&D department receives funding for X number of L&D professional staff, X amount for support staff, X amount for technology, etc.

Onshoring

relocation of business functions or processes to a lower-cost location inside national borders; improves cost structure and allows flexibility.

Offshoring

relocation of operation activities to another country to achieve costs savings. (Communication can make or break these endeavors due to cultural and technological differences). Offshoring is often engaged to "reduce personnel costs."

Employment branding

reputation or identity of an organization that establishes it as an "employer of choice." It's key to attracting and retaining the right employees. Research shows workers will accept less salary from an employer with a strong employment brand they identify with.

"Right to Know Standard" (aka HazCom)

requires all employers to develop and communicate, in writing, information on the hazards of products used in the workplace. The primary tool engaged to convey the dangers of a substance is the "Safety Data Sheet (SDS)." The primary elements of the HazCom Standard include: • Written manual that identifies all known hazardous substances in the workplace. • SDSs maintained for all known hazardous substances in the workplace. • Training of all employees who are exposed to hazardous substances in the workplace. • Labeling of all those hazardous substances as their true nature/hazard. • Availability of cleanup materials in the event of spills.

Immigration Reform Control Act (IRCA)

requires compliance aspect of I-9...employers must prove applicants have the legal right to work in the U.S. and they are who they say they are. The I-9 is the proof. PHR/CP candidates, I-9 questions will present on your exam. Therefore, dig deeper...you need to know the types of acceptable documents for Section 2 of Form I-9: • Column A - Documents that prove both the applicant has a legal right to work in the U.S. and their identity. These include unexpired U.S. passport, Permanent Resident Card (green card). • Column B - Documents only their identity. These documents include driver's license, government ID card, student ID, Voter's registration card, military ID. • Column C - Documents only their right to work in the U.S. These documents include: Social Security card, birth certificate, native tribal document.

EO 11246

requires federal government contractors or subcontractors with 50+ EEs and contracts of $50k or more (50-50 Rule) to prepare and maintain Affirmative Action Plans for each of their establishments. This EO also requires federal contractors with a contract of more than $10k to take affirmative action to hire and promote minorities and women.

Progressive discipline

systematic process of increasingly punitive measures in attempt to eliminate or reduce undesired performance and/or behavior. The basics on a typical progressive discipline process: consultation; verbal warning; written warning; final warning/decision-making leave; and termination. • Courts, unemployment adjudicators, and government agencies like and support terminations that have followed a progressive discipline process.

Refreezing or Freezing

takes place when all the elements of the change appear to be working. That's the time to lock things down as this will be the method going forward. Changes are accepted as the new norm in this stage of change. People form new relationships and become comfortable with their new routines. It can take some time to get to this stage, but perseverance pays off with success.

Hard bargaining

taking a firmly held and well-explained business case or position. Doing this and failing to make a concession and or failing to reach an agreement doesn't constitute surface bargaining under federal labor law.

EEOC Complaint Process

the basics...all you need to know for the exams • A complaint is filed. • The employer is notified within 10 days that complaint was filed against them. It outlines the nature of the complaint. • The employer responds with either a position statement or agrees to resolve the issue in mediation. o If the employer chooses mediation, they fill out a request for mediation, and return it to EEOC. The EEOC then sends the employer an Agreement to Mediate and a mediator is selected. • If both parties successfully reach voluntary resolution, the charge is closed by the EEO... and it's done! • If mediation is unsuccessful, the charge is then referred for investigation, evidence is gathered, and the investigation commences. • The EEOC will then make a determination based on all the evidence presented. o If the EEOC finds no reasonable cause, they dismiss the claim and a Right to Sue letter is sent to the charging employee, with a copy sent to the employer. o If the EEOC finds reasonable cause, they send both parties a Letter of Determination stating their findings and inviting them to resolve the charge formally through conciliation. o If conciliation fails, either the EEOC or the charging party or both may sue in federal court (litigation).

Strategy

thinking aspect of planning a change, organizing something, or planning a new business objective. Strategy lays out the goals that need to be accomplished and the ideas for achieving those goals. Strategy can be complex, multi-layered plans for accomplishing objectives.

Geocentric or Global or Transnational strategy/approach or policy.

thinking is the highest expression of global maturity, in that the MNE begins accepting and hiring people from all over the world to hold key positions in its world-wide operations. A Geocentric approach seeks the best people for key jobs throughout the organization, regardless of their nationality. o Seeks best people for key jobs, irrespective of nationality; represents the underlying principle of a global corporation

Drug-Free Workplace Act

tries to reduce substance abuse within organizations that have contracts with the federal government. This Act applies only to federal contractors! • Requires employers to post anti-drug use policies within the workplace and provide employee awareness training on drug use policies. • It does not spell out what the policy must be. It does not require pre-employment drug screening or post-accident, or random, or for-cause, or reasonable suspicion. It doesn't require employers to have a written policy. But, if the policy doesn't mention pre-employment drug testing, then the employer can't do it. If it does, you can.

Committees

usually are a long-standing group that works on a series of issues within a defined topic that reports to a larger organization. (Example: finance committee that reports to a BOD)

Bona Fide Occupational Qualification (BFOQ)

valid job requirements, a knowledge, attribute, skill or ability level that is required for competent job performance. BFOQs allow an employer to discriminate some based-on religion, sex and national origin in certain instances where any of those are considered reasonably necessary to the normal operation of that particular business or enterprise.

Return on Investment (ROI)

value received from an investment. ROI focuses on tangible cost and results. You could be calculating ROI for a training program, recruitment initiative, benefit offering, onboarding program, etc. We'll work out an example ROI calculation when we reach the Learning & Development section. ROI = ((Gain from Investment - Cost of Investment)/Cost of Investment) * 100

Willful violation

violation of an OSHA standard by an employer that is considered intentional.

Labor Management Disclosure Act (LMDA)

was designed to limit the abuses of unions regarding union finances, administration and the election of officers for the union. It created the "Bill of Rights", which are rules for the way unions are obligated to behave. With the passing of this Act, open disclosure on union finances, meetings and elections is there for rank and file union members; union leaders can't tell rank and file members what to do. Unions are a democracy and free and open elections must take place.

Polycentrism

when the MNE begins accepting local nationals into its key positions along with its HQ personnel that staff the local operation. Therefore, adopting a Polycentric strategy/approach or policy. o HCNs are hired to managed subsidiaries; PCNs occupy key positions at corporate HQ

First Impressions

when the interviewer forms opinions about the interviewee in the first few minutes. The rest of the time is used to reinforce those opinions, good or bad.

Halo/Horn effects

when the interviewer judges all the qualities of a candidate based on the observation of a few qualities only. A candidate with tattoos may be viewed negatively (horn effect) even if he/she is clean-cut and well-dressed. Another less-smartly dressed candidate who is physically attractive and has a winning smile could be thought of as good (halo effect) before the even speak.

Skip-level Interview

where a higher-ranking manager interviews the employee or applicant without the mid-level manager present.

Strategy implementation

where the plan is carried out and executed. Implementation may be monitored by using a balanced scorecard (or other reporting formats from spreadsheets to technology-driven software) to document changes and communicate performance measures for goal achievement.

Regiocentric

which is where the MNE expands its acceptance of who can fill key positions. They not only embrace workers from the HQ country and the local country, they also embrace workers from the region (such as Asia/Pacific rim region, North American region, African region, European region). Therefore, adopting a Regiocentric strategy/approach or policy. o The MNE varies staffing policy to suit particular geographical areas; provides a stepping stone for a MNE wishing to move from a ethno or polycentric to a geographical approach

Involuntary or coerced retirement

worker forced to retire before they are ready. Forced retirement is illegal except for when? Top Executives, which can be forced to retire at what age? 65, and they must have worked at least 2 years as a bona fide executive, eligible to receive non-forfeitable annual retirement benefits of at least $44k from the employer.

Multi-culturalism/ diversity

workplace diversity exists when companies hire employees from various backgrounds, ages, nationalities, races, and experiences. Many companies see workplace diversity as an investment toward building a better business by creating a workforce that reflects its customer base.

External Recruitment

your seeking talent outside the organization. Why? There's no internal talent for the job or the company needs change. Some external recruiting methods: Job Fairs and Open Houses (attract passive candidates); Job posting websites, schools and universities, third-party sources such as private and public-sector employment agencies, unions, data banks, and career fairs.

Managing versus Leading

• A manager's job is to plan, organize and coordinate. A leader's job is to inspire and motivate. • A manager administers; a leader innovates. • A manager focuses on systems and structure; a leader focuses on people. • A manager relies on control; a leader inspires trust. • A manager has a short-range view; a leader has a long-range perspective. • A manager tells; a leader asks.

Recordkeeping

• EEOC regulations require employers to keep all personnel or employment records for one year. o If an employee is involuntarily terminated, his/her personnel records must be retained for one year from their date of termination. • Under the FLSA and the ADEA (Age Discrimination in Employment Act) record keeping requirements, employers must also keep all payroll records for 3 years. • Applications for employment must be maintained for 1 year. IF an application is not solicited by the employer, nothing requires the employer to maintain these records for any length of time. • AAPs must be retained for 3 years. • I-9s must be retained the longer of 3 years from hiring or 1 year after termination and must be maintained in a separate file. • Compensation records (payroll taxes, FLSA, wages, benefits, bonuses, etc.) must be maintained 6 years as required by ERISA.

four categories that must be "in balance" to legitimize future success for Balanced Scorecard

• Financial perspective - monitor financials of the organization as a key metric to determine current and future growth or decline. • Business process perspective - monitoring internal business processes that allow managers to know how well their business is running and whether their products and services conform to standard. • Customer perspective - monitoring customer satisfaction. • Learning & Growth perspective - monitoring the workforce from a current- and future-need skill set point-of-view. In a knowledge-based industry, having the right people, with the right skill sets is vital to determine future organizational performance. This is the one they will probably ask about on your exam since it belongs to HR. Knowledge workers must be in continuous learning mode. Training and professional development and scarce funding must be focused where it will help the most to achieve objectives and goals. Learning is not just training but includes mentors, tutors, collaboration and access to technical tools. Learning and growth establish the essential foundation for any knowledge worker organization.

common mistakes employers make & result in the most common citations from DOL's Wage/Hour

• Misclassifying workers as exempt when they do not meet one of the duties tests. This is the most common violation. • FLSA doesn't require breaks for EEs except for 14 & 15-year-olds. If an employer does provide breaks: o Breaks less than 20 minutes in duration must be compensated. o Breaks greater than 30 minutes in duration do not have to be compensated. • On-call employees o Engaged to wait employees (restricts travel and freedom) must be paid for all hours waiting/on call. o Waiting to be engaged employees (fewer restrictions on freedom) do not have to be paid unless called-in. • Training - mandatory employee training must be compensated, voluntary training does not. • Travel - any required travel time that occurs during the worker's normal work hours must compensated. • Only public sector (government) hourly/non-exempt employees are eligible to accrue and use compensatory time in lieu of receiving overtime pay. • Unauthorized work time - remember, one of the two key doctrines of compensation, pay all hours worked! It's known as "suffer or permit to work", Workers may be disciplined for working without approval, but must be paid.