Midterm Industrial Relations

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ddh2c
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177791
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Midterm Industrial Relations
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2012-10-15 21:55:53
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Industrial Relations
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Industrial Relations Midterm
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  1. Managers and a labor organization designated as the exclusive bargaining agent representing the interests of a group of employees engaged in the joint determination and administration of work rules.
    Labor Relations Process
  2. i.e disputes over terms and conditions of employment, resolved voluntarily by union and management negotiators during the bargaining process
    Interest Disputes
  3. i.e. disputes over the interpretation or application of a contracts terms
    Rights distutes
  4. 1.Rules governing compensation in all its forms (wages, overtime, vacation, holidays, shift premiums)
    2. rules specifying the employee and employers job rights and obligations such as no employee strikes or lockouts during the term of the labor agreement, performance standards, promotion qualifications etc
    Work Rules
  5. Represent the interest of owners as well as their own self interest
    managers
  6. Usually elected by members to represent employee interests second key participant in the labor relations process
    Union Representatives
  7. Key in labor relatons process, determine if a union is present
    employees
  8. Employees may have loyalty to both their employer and union organization, this is called
    dual loyalty
  9. Fourth key participant in the labor relations process,
    Government
  10. Mediators and arbitrators
    Third-party neutrals
  11. Assist management and the union in reaching volunatry settlement
    Mediators
  12. Hired to make a binding decision in dispute settlement
    Arbitrators
  13. Movement among indicators such as inflation, unemployment, and productivity
    Economy
  14. Where the company either sells its product or purchases key elements required for production of its products or services.
    Product or service market
  15. Market in which the union and employer seek to borrrow funds to inance the investment strategies
    Financial Market
  16. The skills, wage levels, and availability of employees in a relevant _________________can affect netotiated work rules.
    Labor Market
  17. 1)equipment used in the workplace
    2)the pace and scheduling of work
    3)characteristics of work environment and tasks to be performed
    4)Information exchange
    Technology
  18. Doctrine which permits an employer to discharge an at-will employee at any tie for any or no stated reason
    Employment-at-will (EAW)
  19. The proportion of a total group (e.g. national labor force, state labor force, industry, company, or geographic region). comprised of union members is one measure of relative union strength or potential influence
    Union Density
  20. Ensures the rights of peaceful assembly, freedom of association, and free speech has been interpreted as allowing employees to form union picketing
    First Amendment of the constitution
  21. Used to resolve a legal dispute when no constitutional or statutory law applies to that dispute
    Common law
  22. Federal law takes precedent over state law or local ordinaces whenever both seek to regulate the same conduct and there is conflict between them.
    Preemption Doctrine
  23. See page 75!! for boards
  24. English common law that says it was illegal for two or more workers to join together for the purpose of pressuring their employer to improve their wages or working conditions
    criminal common law
  25. Supreme Judicial Court of Massachusetts set aside the criminal conspiracy conviction of seven members of the Journeymen Bootmakers' Society. Court did not overturn decision but said that could be examined on a case by case basis.
    Commonwealth v. Hunt
  26. A group involved in concerted activities could inflict harm on other parties (e.g. customers or other employees) even though the workers were pursuing a valid objective in their own interest.
    Civil consipiracy doctrine p 77
  27. A court order prohibiting or restricting certain activites in conjunction with a labor dispute.
    Labor injuction p77
  28. An agreement required by employees stating that they would neither noin a union nor assist in organizing one
    yellow-dog contract p77
  29. Passed to regulate the increasing power of large corporations to engage in anti-competitive practices which tended to drive smaller firms out of the market
    Sherman Antitrust Act of 1890
  30. Provides barriers to a broad range of  anti-competitiveness issues. Topics such as price  discrimination, price fixing and unfair business practices are addressed in the  Act. They are enforced by the Federal Trade  Commission and the Antitrust Division of the U.S. Department of Justice.
    Clayton Antitrust Act
  31. Norris-La Gaurida Act p 80
  32. Wagner act p81
  33. Employees and unions were permitted under the LMRA to negotiate voluntary agreements to either require an employee to join a union within 30 days after higher
    union shop union security clause
  34. Employees and unions were permitted under the LMRA to netiotiate voluntary agreements to join a union 30 days after hire. If not the employee is required to pay a fee equivalent to regular union dues and initiation fees called if the employee held a job in a bargaining unit represented by the union. This type of shop is called a
    agency shop union security clause
  35. Employer agrees to only hire applicants who are members of a union representing the firm's workers
    Closed shop union security clause
  36. Passed in 1959 the ________is designed to protect the rights of individual union members in their relations with their own union and to ensure thatlabor orgaizationss operate in a democratic and financially responsible manner. ONLY covers individuals who are members of a labor organization.
    Labor Management Reporting and Discosure (Landrum-Griffin) Act
  37. T or F under the LMRDA neutral secondary employers harmed by unlawful secondary strike, boycott, or picket activity have the right to sue the guilty labor orgaization to recover damages
    True
  38. 5 member panel that head the NLRB
    The board
  39. Those employers and employees to whom the NLRB can apply the language of the LMRA.
    NLRB Jurisdiction
  40. Placed postal workers under coverage of the LMRA, expanding the number and types of issues over which workers could legally bargain.
    Postal recognition act of 1970
  41. Presents an exception to the requirement that an employee be able to prove that he or she acted with or on the express authorization of oe or more other employees in order to ve considered engaged in concerted activity
    Interboro doctrine
  42. Party who files an accusation of an ULP with the NLRB
    charging party
  43. The party accused of committing an ULP
    Respondent
  44. If no voluntary settlement of a ULP charge is reached a formal ULP complaint and notice of a hearing date will be issued before the 
    Administrative Law Judge
  45. Involves charges that do not raise any new or novel issues of labor law and can be determined by application of existing relevant Boardy polcies and legal principles.
    Routine ULP case
  46. A charge that either raises a new or novel labor law issue or presents the Board with an opportunity to initiate a new policy or change a significant established policy interpreting the LMRA as amended
    lead ULP case
  47. Instructs the Respondent to stop committing a ULP violation immediately and in the future.
    Cease and desist order
  48. The Board may issues the Respondent ??????? where employees will see them to inform employees abou the ULP violations that have occured, the Respondents pledge not to commit the violation in the future and the basic rights of employees covered by Sec. 7 of the LMRA
    Post written notices
  49. A make whole remedy to individuals adversely affected by a ULP. May include reinstatement, back pay, promotion, restoration of seniority etc.
    affirmative action
  50. A court of appeals decision in a ULP xcase can be appealed for possible review by the U.S. Supreme court in what is called
    petition for certiorari
  51. ?????? covers rail and air transporation labor relatons. Amended in 1936 to cover the airline industry.
    Railway Labor Act (RLA) of 1926
  52. If union and RLA unable to resolve a major dispute under the RLA the dispute is
    subject to mediation under the National Mediation Board (NMB)
  53. The National Railroad Adjustment Board (NRAB), a bipartisan group of 18 union and 18 management representatives, was established to assist in resolving grievances arising during the term of a labor agreement over the interpretation or applicaiton of the cotract's terms termed a ?????
    minor dispute under the RLA
  54. ????? establishes minimum standards for the opertion of voluntarily established private-sector pension and health benefits
    Employment Retirment Income Security Act (ERISA)
  55. Standards define plan participation, vesting rights, benefit accrual and funding, fudicary responsibilities of plan administrators, and guaranteed payments of benefits accrued under a defined benefit plan through a federally chartered corporation called the ???????
    Pension Benefit Guaranty Corporation (PBGC)
  56. ???? includes standards for the rejection of collective bargaining agreements by companies for obtaining modifications in labor agreements. Requires companies to provide relevant information to unions and engage in good-faith efforts to reach an agreement, which could avoid the necessity to declare bankruptcy.
    Bankruptcy Act of 1984
  57. ????? requiress employers with 100 or more employees to give 60 days advance notice (excluding those employed less than 20 hours per week) who will be affected by a plant closing or major layoff
    Warn Adjustment and Retraining Notification Act (WARN) passed in 1988
  58. Prohibits any form of employment discrimination by companies, labor unions, and employment agencies on the basis of race, color religion sex or national origin
    Civil Rights Act of 1991
  59. Prohibits employment descrimination of those over age 40, permits cumpulsory retirment for executives who are entitled to pensions of $44,000 per year or more and authorizes jury trials in covered cases
    Age Discrimination in Employment Act of 1967
  60. Prohibits employment discrimination in the federal government and by federal government contractors and subcontractors receiving $50,000 or more
    Executive Order 11246 as amended by Executive Order 11375
  61. Requires holders of fderal government contracts in excess of $2,500 to take affirmative action to employ and advance in employmebt qualified physically and mentally disabled individuals.
    Voc Rehab act of 1973 (section 503)
  62. Clarifies and extends the Veteran's Reemployment Rights Act of 1940 to protect the job rights of individuals called to perform military service on behalf of the United States
    Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994
  63. As amended, established 2 national systems of social security for protection against loss of income resulting from unemployment, old age, disability and death
    Social Security Act of 1935

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