Employee & Labor Relations Flashcards
define Constructive discharge
when an employer has made working conditions so intolerable that employees feel forced to quit
define Promissory estoppel
when an employer fails to provide a promised reward to an employee for an action they completed
what is Responseat superior
a doctrine that holds employers responsible for employees actions performed under their job duties
Glass Ceiling Act
part of Title 2 of the Civil Rights Act - mentions it being difficult for people in protected classes to move into management roles
what are the USERRA employer legal obligations? (3 things)
- provide a leave of absence for up to 5 years for employees in the National Guard or reserves who are called to active duty in time of war or national emergency. Employers must also provide leaves for boot camp, annual training, weekend duty, and other legitimate military obligations
- provide the same benefits that they provide to any other employee on a leave of absence.
- Employees on military leave accrue seniority and other benefits as though they were continuously employed
- Employees’ pension benefits are protected, and vesting and pension accrual are treated as though there was no gap in employment. Employees have up to three times the length of their leave (up to a maximum of five years) in which to make up any required pension contributions
- Employees who return to work after a leave of more than 30 but less than 181 days cannot be fired without cause for 6 months; employees who return to work after a leave of 181 days or more cannot be fired without cause for one year.
National Labor Relations Act (1935)
guarantees workers the right to organize a union, bargain collectively, and engage in collective activities
-created the National Labor Relations Board to arbitrate deadlocked labor disputes, ensure democratic union elections, and penalize unfair labor practices by employers
what does Fair Labor Standards Act (FLSA) 1938 cover? (4 things)
establishes min wage, max weekly hours, OT requirements, and age requirements
What does theTaft-Hartley/ Labor Management Relations Act cover
states employers can’t require employees to join a union or take place in union activities and prohibits discrimination against non-union members; also prohibits unreasonably high membership dues
What is covered under title 7? (7 things)
race
religion
national origin
sex
pregnancy
gender identity
sexual orientation
What businesses are excluded from Age Discrimination Act?
companies with less than 20 workers
In what 4 circumstances are employers not required to provide FMLA?
1) to the top 10% of the highest paid employees at a company
2) to employees who work less than 25 hours each week
3) Employees who have not been with the company for at least 1 year
4) When a company has less than 50 employees
What 2 sectors are required to provide FMLA regardless of employee count?
1) Public agencies
2) Schools
What is required with employee’s pay and benefits when out on FMLA leave?
1) Benefits must continue as if they were still active in the company
2) if bonuses are given out to all employees, bonus must be paid to someone on leave
Labor union
a group of people working together to achieve shared job-related goals, including higher pay and shorter working hours
Are businesses allowed to make promises to keep employees from forming a union?
No. this is illegal
4 catagories of Unions
1) Local
- represent employees at a single organization or a group of organizations in a localized area, like a town
2) National
- represent employees across the US and are made up of a collection of local unions
3) Federation
- composed of a collection of national unions representing employees in related industries
4) International
- represent employees in multiple countries
Where are union elections held?
National Labor Relations Board
What are the steps to Union Certification? (ISD)
- Interest - Employees must establish interest in unionization
- Sign -Employees must sign authorization cards to be represented by the union
a. Union advocates must get at least 30% signed authorization cards from eligible voters who will be represented by the union to move forward - Decision - The employer can then either recognize the union or refuse
If employer refused and >50% of authorization cards have been signed, then the union officially comes to represent the bargaining group
If employer refused and 30%-50% cards have been signed, an election is held
If during the election, the union receives >50% support from employees authorized to vote, the union becomes the official, certified bargaining representative for those employees
Eligible Employees Requirements (PAAS)
- former employees during the period of the election
- Active employee on the day of the election
- Absent Employees who are sick, on vacation, on military leave, or have been temporarily laid off as of the day of the election are eligible to vote as well
- Striking employees, even when new permanent employees have replaced them, may vote if the election takes place within 1 year of the start of the strike
what does the Excelsior List contain and who must it be provided to?
the names and addresses of all employees in the bargaining unit of a union;
must be provided to the NLRB after it’s been determined that an election will take place
Types of Bars on Union Elections (CSC BVP)
-Contract
-Statutory
-Certification Year
-Blocking charge
-Voluntary Recognition
-Prior Petition
Define each bar csc bvp
Contract - unions are prohibited from directing elections when a unit is still bound by a collective-bargaining agreement
Statutory - the NLRB will not permit an election if a valid one has taken place within a 12-month period
Certification year - No elections take place within a 12-month period of the certification of a bargaining representative
Blocking charge - Elections are not permitted to take place when unfair labor practice charges are pending
Voluntary recognition - when an employer has voluntarily recognized a union as the appropriate bargaining representative, an election will be prohibited for some amount of time to encourage contract negotiations between the employer and the union
Prior petition - 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 6 months
define Decertification
the process of removing a labor union as an authorized representative of employees in a particular bargaining unit
What does a decertification petition require (2 things)
-signatures of 30% of employees
-the union has been certified and in place for at least 12 months
Union Security Clause
requires all members of a bargaining unit to be union members in good standing or at least pay the union basic costs for representation as a condition of employment
Deauthorization
the process of removing an existing Union Security Clause from a collective bargaining agreement
When can deauthorization take place? (3 things)
-any point during the life of the contract
-at least 30% of employees have signed it
-at least 50% of employees vote for deauthorization
