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Flashcards in Employee and Labor Relations 2 (Mod 5) Deck (21)
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Weingarten Rights

Right of a unionized employee to have another person present during certain investigatory interviews (occur when supervisor questions an employee to obtain info that could be used as basis for discipline or asks employee to defend his/her conduct)

When an employee requests the presence of a union rep, management can: 1) stop questioning until rep arrives. 2) give employee option of continuing without a rep or forego the interview and have disciplinary action made on basis of other info, without employee input


Operations During a Strike

NLRA recognizes the right of the employer to operate during economic strike -- to transfer work to another facility; run the business with supervisory personnel and people not in the bargaining unit, or hire replacements for the employees; protect their property from trespass and replacement workers from assault


Replacement of Strikers

If replacements were hired on a temporary basis for economic strikers, the employer must displace temporary workers with the returning strikers.

If replacements were hired on a permanent basis for economic strikers, strikers can come back only if there is a substantially equivalent position open. Strikers must be placed, however, on a preferential hiring list.

If a strike was the result of an ULP, the employer may hire only temporary replacements and is required to reinstate strikers.


Sympathy Strike

Union engaged in a sympathy strike has no contractual relationship with the struck employer but refuses to work in support of another union that is striking that employer.


Secondary Boycotts

Occur when a union attempts to influence an employer by exerting pressure on another employer

Actions that would make an employer a primary target: ally doctrine; single employer joint employer, alter ego doctrines; double breasting; straight-line operations


Unprotected Strike Activities

strikes in violation of a no-strike clause; sit-down strikes; slow-down strikes; picket line misconduct; strike violence


Compensation During Strikes

Unions generally maintain a strike fund to help offset lost wages. In a few states, workers may collect unemployment


Characteristics of Union Free Organizations

Clearly articulated position regarding unionization; Fair and consistent treatment of employees; access to career opportunities; balanced promotion decisions; communication programs and feedback mechanism; problem solving procedures; counseling; compensation and benefits programs and practices; performance appraisal; rewards and recognition; management/supervisor training


Job Posting vs Job Bidding

Job posting = currently available positions are "posted" so interested and qualified employees may apply

Job bidding = individuals are allowed to express interest in future opportunities and openings


Five Characteristics of Job Design

Skill variety: extent to which jobs require a variety of different activities for successful completion

Task identity: extent to which a job requires a "whole" identifiable unit of work

Task significance: extent to which the job has a substantial impact on other people

Autonomy: extent of individual freedom and discretion in work and its scheduling

Feedback: amount of clear info received about how well or poorly the job has been performed


Job Enlargement
Job Enrichment
Job Rotation

Job Enlargement: broadening the scope of a job by expanding the number of different tasks to be performed

Job Enrichment (aka vertical integration): increases depth of job by adding responsibility for planning, organizing, controlling, evaluation

Job rotation (horizontal integration): shifting people between comparable but different jobs


Bandwidth Time and Core Time

Bandwidth Time: time during which hours may be scheduled

Core Time: hours when everyone is present


Five Types of Teams:
Definitions/Permanent or Ad Hoc?

Committee: come together for the accomplishment of a specific organizational objective (PERMANENT)

Project team: come together for a specific project (AD HOC)

Self-directed team: works in a "self managing way"; given complete autonomy in a specific area of work (PERMANENT)

Task Force: temporarily allocates personnel and resources for the accomplishment of a specific objective; usually volunteers (AD HOC)

Work teams: responsible for a given end product; permanent part of daily work (PERMANENT)


Employee Survey Considerations:
Questions, Methods, Languages, Reading Levels



Focus Groups:

Flexible format comfortable for discussion
Faster and less costly to complete than surveys
Allow for group brainstorming
Can provide group consensus
Enable HR to learn about employees
Give employees direct input

Foster "group think"
Difficult to control
Don't allow for deep discussion
Can provide skewed results if participants are not representative
NLRA domination risk


Focus Groups:

Importance of planning
Importance of facilitator
Importance of participant selection
Importance of note taking


Importance of Feedback in the Survey Process

Providing feedback to management and employees is critical, but the biggest challenge may be acting on the results -- showing employees that their opinions matter.


Policies, Procedures and Work Rules

Policies: broad statement that reflects and organization's philosophy, objectives or standards concerning a particular set of management or employee activities

Procedures: detailed, step-by-step descriptions of customary methods of handling activities

Work Rules: management decisions regarding specific actions to be taken or avoided in a given situation


Two Legal Considerations of Handbooks:
Prospective Employees

Employee handbooks can create an employment contract that creates an exception to the employment-at-will doctrine and limits employer's ability to change terms of employment or termination

To help minimize the claim that it is an employment contract, employee handbooks should not be given to prospective employees


Progressive Discipline

1) Problem-solving session and open dialog
2) Warning
3) Second warning
4) Final written warning
5) Discharge or termination

- Can jump between steps
- Be consistent with actions
- Problem-solving and open dialog is mildest type



Alternative Dispute Resolution is an umbrella term describing a number of problem solving and grievance resolution approaches (outside a courtroom)

ADR Options:
Open door policy
Ombudsperson: neutral 3rd party investigates complaints
Single designated officer: specific individual chosen by management to investigate and dispute
Chosen officer: employee selects arbitrator
Peer review: panel of employees
Mediation: neutral 3rd party helps both sides assess
Arbitration: disputes submitted to one or more impartial persons to make decision