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| Question | Answer |
| What are Common-law Doctrines? | Result of legal decisions made by judges in cases adjudicated over a period of centuries. |
| Name 4 employment common law doctrines. | 1.) Employment at will 2.) Respondeat superior 3.) Constructive discharge 4.) Defamation |
| What is an Express Contract? | Verbal or written agreement in which the parties state exactly what they agree to do. |
| What is an Implied Contract? | Created by an employer's conduct and need not be specifically stated. |
| What are Contract Exceptions? | Exceptions to employment at will intentions. |
| What is Statutory Exceptions? | Legislative exceptions to the at will doctrine. |
| What are Public Policy Exceptions? | Exceptions to the at will doctrine in 4 areas: 1.) EEs who refuse to break law for employer 2.) EEs who report illegal acts 3.) EEs who participate in activities supported by public policy 4.) EEs who are acting in accordance with legal statute |
| What is the duty of good faith and fair dealing? | Provides that parties to a contract have an obligation to act in a fair and honest manner with each other to ensure benefits of the contract can be realized. |
| What is Promissory Estoppel? | When an employer entices an EE or prospective EE by promising an award. |
| What is Fraudulent Misrepresentation? | Promises or claims made by employers to entice candidates to join the company. |
| What is Repondeat Superior? | Means "let the master answer" Employer can be held liable for actions of EEs that occur within the scope and course of assigned duties or responsibilities in the course of their employment, regardless of whether the act is reckless or negligent. |
| What is Constructive Discharge? | When an employer makes the workplace so hostile and inhospitable that an EE resigns. |
| What is Defamation? | Communication that damages an individual's reputation in the community preventing them from obtaining employment or other benefits. |
| What is Qualified Privilege? | Information provided that is job related, truthful, clear, and unequivocal. |
| What are Legal Statutes? | Laws enacted by the legislature. |
| What is Quid pro quo? | This for that |
| What are the 2 forms of sexual harassment? | 1.) Quid pro quo 2.) Hostile work environment |
| What is quid pro quo sexual harassment? | Sexual favors in return for favorable employment action. |
| What is hostile work environment sexual harassment? | Unwelcome verbal or physical conduct. |
| What is Tangible Employment Action (TEA)? | A significant change in employment status. |
| What are the EEOC guidelines for the preventions of sexual harassment? | - develop antiharassment policies - develop complaint procedures - prompt investigations and action |
| What is the Glass Ceiling Act? | Established a commission whose purpose as to determine whether a glass ceiling existed and to identify the barriers to placing more women and minorities in senior management positions. |
| What are 3 barriers that prevent women and minorities from advancing? | 1.) Societal barriers - limited access 2.) Internal structural barriers - corporate barriers 3.) Governmental barriers - inconsistent enforcement of EEOC |
| What is USERRA? | Uniformed Services Employment and Reemployment Rights Act |
| What does USERRA do? | Protect the rights of reservists called to active duty in armed forces. |
| What is the length of time an employer must grant for leave of absence under USERRA? | up to 5 years or more in special cases |
| What are some terms/conditions of USERRA? | - not required to pay EEs - cannot force use of PTO but EE can choose - same benefits as others on leave - vesting and accrual the same - must reinstate EEs to positions they would have earned had they remained on job (escalator position) |
| What is Due Process? | Employment actions are taken in accordance with established procedures including notifying employees of pending actions and proving opportunity to respond. |
| What is the duty of diligence? | Requires an EE to act with reasonable care and skill |
| What is duty of obedience? | Requires EE to act within the authority granted by the employer and to follow the employer's reasonable and legal policies, procedures, and rules. |
| What is duty of loyalty? | Requires EEs act in the best interest of the employer and not solicit work away from the employer to benefit themselves. |
| What is Organizational Climate? | How people feel about an organization based on a number of factors. |
| What is Organizational Culture? | Values and beliefs shared at all levels and reflected by interactions between EEs in the organization. |
| Name 8 Employee Involvement Strategies. | 1.) Suggestions boxes 2.) Delegating authority 3.) Task force 4.) Committees 5.) Work team 6.) Virtual work team 7.) Employee mgmt committees 8.) Self directed work team |
| What are 9 ways to improve communications with EEs? | 1.) Open door policy 2.) Mgmt walking around 3.) Department staff meetings 4.) All hands staff meetings/town-hall 5.) Brown bag lunches 6.) Newsletters 7.) Intranet 8.) Word of mouth 9.) Email |
| What is employee engagement? | Attitudes and feelings toward work. |
| Name 4 ways to gather employee feedback. | 1.) Employee surveys 2.) Exit interviews 3.) Employee focus groups 4.) Skip-level interviews |
| What is an employee focus group? | A cross section of EEs from various departments and levels to be used to involve EEs in decisions? |
| What is a skip-level interview? | Process in which EEs are interviewed by their manager's manager. |
| Name 8 employee relations strategies. | 1.) Recognition 2.) Special events 3.) Diversity programs 4.) Telecommuting 5.) Flextime 6.) Compressed workweeks 7.) Part time work 8.) Job sharing |
| What are policies? | Broad guidelines developed by the employer to guide organizational decisions. |
| What are procedures? | Further explanation and more details on how the policy is to be applied. |
| What are work rules? | what EEs may or ma not do to comply with policy |
| What are two methods of communicating? | - Reference guides - tool used to organize large amounts of data into a single source document - Standard operating procedures (SOPs) - tools to capture processes |
| What are Weingarten rights? | Requires attendance of union rep at investigatory interview that could lead to disciplinary action. |
| What is discipline? | Performance mgmt tool designed to modify EE behavior. |
| What is wrongful termination? | When employer terminates someone for a a reason that is prohibited by statute or breaches contract. |
| What is insubordination? | EEs refusing to perform or rolling eyes whenever manager gives direction. |
| What is ADR? | Alternative Dispute Resolution |
| What is an ombudsman? | Impartial person not involved in dispute |
| What is a peer review panel? | Management and nonmgmt EEs trained in policies reviewing disputes and making decisions. |
| What is Arbitration? | Means of resolving conflicts without the expense of a lawsuit. |
| What is Voluntary Arbitration? | When both parties agree to submit the conflict to an arbitrator. |
| What is a Compulsory Arbitration? | Contract requirement or may be mandated by a court system. |
| What is a binding arbitration? | When parties agree to accept the arbitrator's decision as final. |
| What is a non binding arbitration? | When either party may reject the decision and continue the dispute by filing a lawsuit. |
| What is the AAA? | American Arbitration Association |
| What is an ad hoc arbitrator? | Selected to hear only a single case. |
| What is a permanent arbitrator? | One who both parties agree is fair and impartial to resolve any disputes arising between them. |
| What is a tripartite arbitration panel? | 3 arbitrators who hear the issues and reach a joint decision. |
| What is mediation? | Process having parties work together with mediator to resolve problem. Non binding. |
| What are the 6 steps in mediation? | 1.) Structure 2.) Introductions 3.) Fact-finding 4.) Options 5.) Negotiating 6.) Writing the Agreement |
| What is constructive confrontation? | Identifying the fundamental issue causing the conflict, stakeholders, and positions about issues. |
| What is the Sherman Antitrust Act? | Control business monopolies that conspired to restrain trade. Allowed for injunctions, court orders that require or forbid an action by one party against another. |
| What is the Clayton Act? | Restricted use of injunctions to break strikes and exempted unions from Sherman Act. |
| What is the Railway Labor Act? | Avoid interruptions due to strike, protect EE rights, allow for 90 day cooling off period if president deemed strike to be nat'l emergency. |
| What is the Norris-La Guardia Act? | Protected rights of workers to organize and strike without the interference of federal injunctions. Also outlawed yellow dog contracts, which employers used to prevent EEs from join unions. |
| What is the NLRA or Wagner Act? | Allowed organize, bargain collectively, and engage in concerted activities for purpose of collective bargaining. |
| What is the LMRA? | Labor Mgmt Relations Act Prohibits closed shops and allows union shops only with consent of majority of EEs. |
| What is the LMRDA? | Labor Mgmt Reporting and Disclosure Act Placed controls on internal union operations. Equal rights for all members, restricted increases in dues. Gave EEs right to sue union. |
| What are lawful strikes? | Economic strike in which union stops working in an effort to obtain better pay, hours, or working conditions. EEs can also strike when protesting a ULP. |
| What are unlawful strikes? | Unlawful if they support union ULPs, if they violate no-strike clauses, and if strikers engage in serious misconduct. |
| What is ULP? | Unfair labor practice Action by employer or union that restrains or coerces EEs from exercising rights to organize or bargain collectively. |
| What are the 6 ULPs identified by the NLRB? | - interfere with unionization efforts - dominate or assist labor org - discriminate against EEs - discriminate against NLRB activity - refuse to bargain in good faith - enter into a hot-cargo agmt - employers stop doing business with another employer at union's request |
| What are the 8 Union ULPs identified by the LMRA? | - Restrain/coerce EEs - Restrain/coerce employer - require employers to discriminate - refuse to bargain in good faith - engage in prohibited strikes/boycotts - charge excessive fees - featherbedding (ask pay for services not rendered) - organizational and recognitional picketing |
| What are the 2 consequences of ULPs? | - employer remedies - NLRB requires employer reinstate EEs, engage in collective bargaining, disband employer influenced union - union remedies - unions may be required to reinstate EEs they discriminated against |
| What is an ALJ? | Administrative Law Judge |
| How do you file a ULP? | - an EE, employer, and union rep can file with form from NLRB - ALJ presides over - 28 days to file an exception - appeal can be filed with US court of appeals |
| What is the Union Organizing Process? | - Authorization cards signed by EEs - demand for employer recognition - petition NLRB - NLRB Conference/preelection hearing |
| What is salting? | when a union hires a person to apply for a job at the organization they have targeted. |
| What is organizational picketing? | When union wants to attract EEs to become members and authorize the union to represent them with the employer |
| What is recognitional picketing? | when the union wants the employer to recognize the union as the employees' representative for collective bargaining purposes. NLRA places limit of 30 days. |
| What is an informational or publicity picketing? | Truthfully advise the public that an employer is a union free workplace. |
| What are the 3 instances when picketing is prohibited. | 1.) when another union has been lawfully recognized 2.) when a representation election has been held within previous 12 months 3.) when a representation petition isn't filed within 30 days |
| What is the purpose of the NLRB? | To determine whether a majority of EEs in the unit desire to be represented by a union. |
| What is a consent election? | If issues between parties are resolved during a conference, the NLRB schedules this type of election to take place within 30 days. |
| What is a directed election? | When a preelection hearing is required to resolve those issues prior to scheduling the election. |
| What is an Excelsior list? | List containing names and address of all EEs in bargaining unit. |
| In what 6 circumstances (election bars) will the NLRA prohibit elections? | - contract bar - statutory bar - certification-yr bar - blocking charge bar - voluntary-recognition bar - prior petition bar |
| What can the union do if they are dissatisfied with the union's performance? | Petition for decertification with the NLRB |
| What is union deauthorization? | when ees want to remain in union but remove security clause such as union shop, dues check off, or maintenance of membership clause. |
| What are the collective bargaining positions? | - positional bargaining - strategy represented by demands made by each side - principled bargaining - negotiating strategy by parties interested in solving problem than winning |
| What are the 2 types of principled bargaining? | - integrative bargaining - parties look at all issues and are able to make mutually agreeable trade-offs btw issues - interest based bargaining - concept that both sides have harmonious interests |
| What are the 4 basic negotiating strategies used in union environments? | - single unit bargaining - union meets with employer - parallel bargaining - union negotiates with one employer at a time - multi employer bargaining - multiple employers in certain industry or region - multiunit bargaining - several unions represent different bargaining units within company |
| What are the 4 categories of subjects open for negotiation during the collective bargaining process? | - mandatory subjects - illegal subjects - voluntary subjects - reserved-rights doctirine |
| What is a CBA? | Collective bargaining agreement |
| What are some common clauses of CBAs? | - union security clauses - no strike / no lockout clause - contract administration - dues check off - zipper clause |
| Name some forms of contract enforcement? | - grievance procedure - binding arbitration - mediation - court injunctions |
| What is a lockout? | when mgmt shuts down operations to keep the union from working |
| What is a boycott? | when union and EEs work together against an employer to make their dissatisfaction with the employers action known. |
| What is an ally doctrine? | when an employer whose workers are on strike contacts a neutral employer and asks the neutral employer to produce the work that would normally be performed by the striking workers. |
| What is the Alter Ego Doctrine? | Precludes employers from dodging their collective bargaining responsibilities. |
| What is double breasting? | When there is a common owner of a union and nonunion shop. |
| What is a secondary boycott? | when a union tries to compel an employer who isn't involved in a dispute to stop doing business with another employer. |
| What is a straight line operation? | when two businesses perform operations that complement each other's operations. |
| What is Common situs picketing? | When employer shares a building with other employers. |
| What is consumer picketing? | Done to advise consumers that goods have been produced by a business whose workers are on strike. |
| What is a Hot Cargo Picket? | Prohibited picketing against hot cargo issues. |
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