Employee and Labor Relations (39%)

Question 1

Constructive Discharge

Answer 1

Situation in which an employer has made the workplace so hostile and unpleasant that an EE chooses to quit.

Question 2

Defamation

Answer 2

Provides an individual with protection against accusations or other statements that are damaging to his or her reputation.

Question 3

Employment-at-will

Answer 3

EE can be terminated at any time, without warning, and without the ER having to show just cause for the dismissal and vice versa.

Question 4

Promissory estoppel

Answer 4

Common-law protection that may require an ER to follow through on promises made to an EE on certain situations

Question 5

Respondeat superior

Answer 5

“let the master answer”, protection that holds the ER responsible for actions of his/her EEs when they are acting on behalf of or perf tasks for the ER.

Question 6

Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994

Answer 6

enacted to protect the rights of military reservists who are called to duty in the armed forces. The law prohibits employers from discriminating based on past, current, or future military obligations

Question 7

Sherman Antitrust Act of 1890

Answer 7

intended to prevent organizations from inhibiting or restricting free trade. the courts ruled that the law’s prohibition of “restraint of commerce” applied to labor union strikes and boycotts, as well. By allowing legal injunctions to be used to stop strikes and boycotts

Question 8

Clayton Antitrust Act of 1914

Answer 8

clarified and strengthened many provisions of the Sherman Antitrust Act, but it specifically exempted labor unions from the law’s provisions. It allows the use of injunctions to stop strikes only when there was a threat of damage to property.

Question 9

1926 and amended in 1936, the Railway Labor Act

Answer 9

intended to prevent railroad and airline strikes from resulting in significant trade and transportation problems

Question 10

Norris-LaGuardia Act of 1932

Answer 10

The right to unionize. The act also prevents employers from interfering in nonviolent union activities and forcing employees to sign contracts indicating they will not join a union (also known as yellow dog contracts).

Question 11

National Labor Relations Act* of 1935

Answer 11

guarantees workers the right to organize a union, bargain collectively, and engage in collective activities. It defines unfair labor practices, provides for secret ballots in union votes, and established the National Labor Relations Board (NLRB). The NLRB is responsible for ensuring compliance with the NLRA.

Question 12

Fair Labor Standards Act* of 1938

Answer 12

established minimum wage, maximum weekly hours, and overtime pay requirements in industries engaged in interstate commerce. It also prohibited child labor by those under 16 years of age.

Question 13

Taft-Hartley Act

Answer 13

identified union activities that constitute “unfair labor practices.” It says that employees cannot be forced to join a union or take part in union activities, and it forbids unions from requiring members to discriminate against colleagues who are not members of the union. It also prohibits unions from charging members unreasonably high membership dues.

Question 14

4 Types of Unions

Answer 14

Local, National, Federation (collection of national unions in industry), International

Question 15

Closed Shop

Answer 15

Part of Taft-Hartley prohibiting ERs to only hire union members or force EEs to join

Question 16

Unionization Process

Answer 16

Generate EE interest - Collected signed authorization cards - Petition NLRB to hold election - Hold secret ballot election - Sign up members and Elect Officers - Engage in collective bargaining over 1st labor contracts - Sign labor act - Employ grievance procedure to resolve disputes

Question 17

Contract Bar

Answer 17

In almost all cases, unions are prohibited from directing elections when a unit is still bound by a collective-bargaining argreement

Question 18

Statutory Bar

Answer 18

If a valid election has taken place within a 12 month period, the NLRB will not permit another

Question 19

Certification-year bar

Answer 19

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

Question 20

Blocking-charge bar

Answer 20

Elections are not permitted to take place when unfair labor practice charges are pending.

Question 21

Voluntary-recognition bar

Answer 21

In circumstances where an employer has voluntarily recognized a union as the appropriate bargaining representative, then an election will be prohibited for some amount of time, to encourage contract negotiations between the employer and the union.

Question 22

Prior-Petition Bar

Answer 22

Sometimes union representatives will begin the process of petitioning for an election, but for whatever reason will withdraw that petition before the election takes place. In such cases, no election will be permitted to take place for the next six months.

Question 23

Decertification Process

Answer 23

petition requires the signatures of 30 percent of employees, and one cannot be filed until the union has been certified and in place for at least 12 months. After signatures are collected, the petition will be reviewed by the National Labor Relations Board (NLRB). The NLRB will then hold a vote, and if at least 50 percent of employees vote for decertification, then the union will no longer represent workers at that organization.

Question 24

Deauthorization

Answer 24

held to decide whether to keep or remove a union security clause* from an existing contract.

Question 25

Union Security Clause

Answer 25

A clause in a collective bargaining agreement which requires all members of the bargaining unit to be union members in good standing as condition of employment

Question 26

Union Security Clauses

Answer 26

Inclusion of union security clauses in CBA intended to protect the strength of support for the union, in particular, to protect the financial status of the union

Question 27

Agency stop clause

Answer 27

Require that EEs pay union dues regardless of whether they choose to join the union (encouraging them to join)

Question 28

Zipper Clause

Answer 28

Prevent the reopening of negotiations once a contract is in place

Question 29

No strike/No Lockout Clause

Answer 29

EE and union reps may agree to included clauses in CBAs that prohibit either party from initiating a work stoppage during the term of the contract.

Question 30

3 Key Elements in Affirmative action programs

Answer 30

1. Utilization (compares workforce to labor supply) 2. Development of Goals and Timetables 3. Development of Action Steps

Question 31

Organizational Scorecard

Answer 31

Tool for measuring those factors that affect or are affected by a certain thing (such as process or campaign) to be studied, and can be used to correct behavior or strategy if the metrics display sub-optimal

Question 32

Form 300

Answer 32

Used to report work-related injuries and illnesses

Question 33

Form 300A

Answer 33

ERs required to provide summaries of illnesses/injuries that occur on the worksite during each work year

Question 34

Form 301

Answer 34

Provides more info about incidents of illness and injury that can be provided on Form 300. requires that the employer provide information about where an employee has been treated for injury or illness and who the treated physician is. Detailed information about the employee's actions prior to the incident is also required, as well as information about the causes of the incident.

Question 35

OSHA Standards

Answer 35

``` General Industry Construction Maritime (transportation) Record Keeping Agriculture ```

Question 36

Hazard Communication Standard*

Answer 36

popularly known as the Right-to-Know Law. This standard requires that employees be informed of hazardous chemicals they may be working with or encounter in the workplace.

Question 37

Mine Safety and Health Act of 1977

Answer 37

It is interested in protecting the safety of coal miners and other mine workers.

Question 38

Sarbanes-Oxley Act* was passed in 2002

Answer 38

the aim of holding senior executives responsible for the financial practices of an organization. The Act is intended to discourage fraud by holding senior executives for crimes like accounting fraud and record tampering if these actions conceal or alter the financial information that, under the law, must be made available to shareholders. The Securities and Exchange Commission is principally responsible for enforcing the Sarbanes-Oxley Act. The law also increases the penalties for white-collar crimes and requires the regular disclosure of financial reports to the SEC. The SOX Act also prohibits employers from retaliating against whistleblowers—employees who refuse to participate in or report financial misconduct or financial conduct they reasonably believe violated federal law.

Question 39

Environmental Hazard

Answer 39

Anything that is present in an employee's work environment, which poses a risk to his or her safety or health.

Question 40

3 types of Environmental Hazard

Answer 40

Biological (infectious disease - needles) Chemical (Substances regularly handled causes illness/death. Toxic chemicals, radioactive material) Physical (Condition, design flaw, or unsafe object that poses a risk to EE safety/health)

Question 41

3 Types of physical hazards

Answer 41

Ergonomic (repeated unnatural motion) Tangible (unsafe objects, conditions, procedures) Stress (extreme emotional/physical stress)

Question 42

Safety Data Sheet

Answer 42

Doc that describes a chemical substance

Question 43

4 Types of Organizational Assets

Answer 43

Financial (cash, securities) Physical (buildings, plant, machinery) Information (data, personnel files) Human