module 5: employee and labor relations 22% phr (49 questions) 18% sphr (41 questions) 5-1© shrm
TRANSCRIPT
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Module 5: Employee and Labor Relations
22% PHR (49 questions)18% SPHR (41 questions)
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Milestones in Employee and Labor Relations
Wagner Act (NLRA)and founding of NLRB
andSocial Security Act
1935Clayton Act
1914Norris-
LaGuardia Act1932
Landrum-GriffinAct (Labor-Management
Reporting and Disclosure Act)1959Taft-
Hartley Act1947
Unionmembership peaks
1950s
Sherman Anti-Trust Act
1890
AFL founded1886
Knights ofLabor organized
1869
RailwayLabor Act
1926
NationalIndustrial
Recovery Act1933
Industrialrevolution
SHRM1948
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Why People Join Unions
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Recent Union Trends
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National Labor Relations Act(Wagner Act)
• Key act that applies to all workers, not just union workers.
• Allows workers to:– Organize themselves.
– Form, join, or assist labor organizations.
– Bargain collectively.
– Engage in concerted activity for the purpose of mutual aid and protection.
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Employee Relations and EEO Laws
• EEO laws prohibit employment discrimination. • Laws provide protection that some employees
once looked to unions to provide.• The EEOC is responsible for handling
complaints related to discrimination.• As a general rule, complaint charges must be
filed within 180 days of the alleged discrimination.
• EEOC may ask an employer to initiate mediation before it investigates a complaint.
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EEOC notifies respondent of charge via a letter.
EEOC reviews charge and assesses "probable cause."
If probable cause isfound . . .
• EEOC attempts conciliation.• Respondent required to
provide remedies to settle.
If probable cause is not found . . .
• EEOC notifies both parties.• Charging party is notified of
right to sue.• EEOC involvement ends.
Charge is settled or may go to litigation with EEOC or private court.
Charging party may sue in court.
EEO charge filed.
EEOC sends respondent a copyof the charge.
If the EEOC does not make a determination . . .
The charging party has the right to request a right-to-sue letter after 180 days.
Charging party must file suit in court within 90 days.
EEOC Complaint Process
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The Litigation Process
• Notification of counsel after delivery of complaint
• Answering the complaint
• Scheduling conferences
• Discovery process
• Summary judgment
• Pretrial and trial
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Common Law
• Based on court decisions rather than statutory law.
• Employment-at-will (EAW) is one of the most important common-law doctrines.– Employers have the right at any time, with or
without prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary.
– Employees may quit at any time for any reason, with or without prior notice.
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Exceptions to EAW
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Common-Law Tort Claims
Tort law protects a person’s:
• Physical safety and well-being.
• Enjoyment of their property.
• Financial resources.
• Reputation.
Tort claims arise when these rights are affected.
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Negligent Hiring/Retention
Claims can be prevented by conducting background and reference checks on applicants.
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Defamation
• Injuring someone’s reputation by making a false and malicious statement.
• Statement may be spoken (slander) or written (libel).
• Statement must be shown to be:– False and malicious. – Harmful to an employee’s reputation.– Made without a legitimate business reason.
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An employer is usually protected against charges of defamation in a reference- checking situation if the employer
A. shows remorse for harming the employee’s reputation.
B. provides honest and accurate references about former employees.
C. makes verbal comments but does not put them in writing.
D. tries to verify the accuracy of information.
Answer: B5-14© SHRM
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Fraudulent Misrepresentation
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Other Common-Law Tort Claims
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Common-Law Contract Issues
• Contract definition:– Agreement between two or
more persons to do or not do something in exchange for something of value.
• Contract law provides remedies if the contract is breached.
• Contracts can be written or oral.
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Agreements Enforced by Law
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Global Employee and Labor Relations
Laws that govern international employee and labor relations include:
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Positive Characteristics of Union- Free Organizations
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Feedback and Communication in Union-Free Organizations
• Attitude (climate) surveys
• HR/labor relations reviews
• Skip-level interviews
• Open-door meetings
• Department meetings
• Employee committees
• Electronic communications
• Problem-solving procedures
• Counseling
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Total Rewards in a Union-Free Environment
• Provide information on:– Compensation and
salary data.
– Market comparisons.
– Salary grades.
– How raises are awarded.
– Cost of health care.
• Develop:– Performance appraisal
systems.
– Rewards and recognition programs.
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Labor/Management Cooperative Strategies
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Employee Involvement (EI)
• Links the shared interests of the employee and the company for mutual benefit.
• Gives employees the freedom and responsibility to make job-related decisions.
• Also known as participative management or empowerment.
• HR communicates company goals, develops and maintains EI programs, and helps build trust in employees.
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EI Strategies:Job Design
• Efficiency– Division of labor
– Standardization
– Specialization
• Employee satisfaction– Skill variety
– Task identity
– Task significance
– Autonomy
– Feedback
– Job enlargement, rotation, and enrichment
Aims at balance between:
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The degree to which an employee completes an assignment with a tangible outcome is an example of
A. skill variety.
B. task significance.
C. task identity.
D. autonomy.
Answer: C
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EI Strategies: Alternate Work Schedules
Tele-commuting
Phasedretirement
Jobsharing
Regular part-time
Compressedworkweeks
Flextime
Schedules
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EI Strategies:Workplace Teams
Work teams
Task forces
Self-directedteams
Project teams
Committees
Teams
Teams are accountable for specific objectives and performance goals.
Teams and job design combine to increase productivity and job satisfaction.
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Employee Surveys
Attitude SurveysMeasure job satisfaction
Opinion SurveysMeasure data onspecific issues
Value of surveys is in measuring improvements over regular time periods.
Employees should be guaranteed anonymity and given feedback on results.
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Employee Focus Groups
• Small group participating in a structured discussion with a facilitator.
• Provide qualitative data on specific issues.
• Can be used in conjunction with or independent of a survey.
• Provide in-depth feedback on specific issues.
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Common Errors in Interpreting Data
Manipulatedresults
“Analysisparalysis”
Analysis errors
Graphicalmisrepresentation
Rush to conclusions
Errors
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Policies, Procedures, and Work Rules
Policy Broad statement that reflects philosophy, objectives, or standards; general in nature.
Procedure Detailed, step-by-step descriptions; specify what, when, where, and who.
Work rule Reflects management decisions regarding specific actions to be taken or avoided in a given situation.
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Guidelines for Employee Handbooks
• Keep it simple and current.
• Distinguish between company-wide policies and job specifics.
• Accommodate multilingual requirements.
• Obtain evidence of receipt.
• Create an appealing, well-written book.
Improperly drafted handbooks can create an employment-at-will exception.
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Behavior Issues
• Absenteeism: – Time lost when employees do not come to work as
scheduled
• Tardiness: – Time lost when employees report to work late
When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by FMLA, USERRA, or state law.
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Preventive Measures to Avoid Disciplinary Action
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Sequence of Disciplinary Action
5.Discharge
4. Finalwritten warning
3. First written warning
2. Oral warning
1. Problem solving and open dialogue
Document all steps—even the oral steps.
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An employee is accused of a violation of a dischargeable work rule. The HR manager shouldA. Confront the employee and have an open
dialogue.
B. Give an oral warning.
C. Place the employee on administrative leave and conduct an investigation.
D. Terminate on the spot.
Answer: C5-37© SHRM
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ADR Options
• Open-door policy (preventive)
• Ombudsperson (increases management access but not empowered to settle)
• Peer review (may recommend changes to company policy; often limited to suspensions and discharges)
• Mediation (nonbinding)
• Arbitration (binding or nonbinding)
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Sherman Anti-Trust and Clayton Acts
• Primarily directed at monopolistic employers.
• Resulted in injunctions issued against union activities.
Clayton Act
• Clarified and supplemented the Sherman Anti-Trust Act.
• Minimally restricted injunctions against labor.• Legalized peaceful strikes, picketing, and boycotts.
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Sherman Anti-Trust Act
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Railway Labor Act
• Passed to reduce labor conflict and the possibility of transportation strikes.– Gave railroad employees the “right to organize
and bargain collectively through representatives of their own choosing.”
• Covers both railroad and airline employees today.
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Norris-LaGuardia Act
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National Labor Relations Act(Wagner Act)
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Labor-Management Relations Act(Taft-Hartley Act or LMRA)
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Labor-Management Relations Act(Taft-Hartley Act or LMRA)
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Labor-Management Reporting and Disclosure Act (Landrum-Griffin Act or LMRDA)
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Which of the following restores the balance of power by making union unfair labor practices unlawful?
A. Norris-LaGuardia ActB. National Industrial Recovery Act C. National Labor Relations ActD. Labor-Management Relations Act
Answer: D
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Road to Unionization
The process begins with the union organizing campaign.
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Organizing Campaign
• Most effective organizing is done inside the workplace by employees.
• Employees can solicit only during non-working time and may distribute literature in non-work areas during non-working time.
• Solicitation rules must apply to all causes and organizations.
• Activities include salting, leafleting, meetings, home visits, phone calls, and Internet and media campaigns.
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Picketing
• Organizational picketing– Induces employees to accept
the union as their representative.
• Recognitional picketing– Obtains employer’s
recognition of the union.
• Informational picketing– Informs the public that the
employer is nonunion.
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Management Rights in a Campaign
• Management has the right to:
– Speak out against the organizing attempt.
– Point out the consequences of a strike.
– Communicate through supervisors and group meetings.
– Hire consultants to work against unionization.
– Point out the financial costs of a union.
– Safeguard employee names and addresses (until the NLRB orders an election).
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Neutrality Agreement
• Contract between a union and an employer under which the employer agrees not to oppose a union’s attempt to organize its workforce.
• Common provisions include:− Gag rule.
− No secret ballot election.
− Union access to employer premises.
− Union access to personal employee information.
− Employee attendance at “captive audience” speeches.
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Authorization Cards
• Before ordering an election, the NLRB requires at least 30% of eligible employees to sign authorization cards.
• The union typically wants 50% of eligible employees to sign authorization cards before they petition for an election.
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Petition for Certification
• Petition for certification generally leads to an election supervised by the NLRB.
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Types of Elections
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NLRB Determinations
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In determining the appropriateness of a bargaining unit, the NLRB would consider
A. if more than 50% of the employees signed authorization cards.
B. if employees are frequently transferred across plants or offices.
C. the percentage of temporary workers in the proposed unit.
D. the percentage of managers and supervisors in the workforce.
Answer: B5-56© SHRM
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Bars to the Election Process
• Contract bar
• Statutory bar
• Certification-year bar
• Voluntary-recognition bar
• Blocking-charge bar
• Prior-petition bar
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Voter Eligibility
• Eligible employees must be on the payroll:– During the pay
period prior to the direction of election.
– During the pay period preceding the election date.
• Striking employees who have been permanently replaced:– May vote in any
election conducted within 12 months after the strike’s commencement.
• Election time and place– Employers must post
NLRB notices.
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Election Campaign
• Once the election is scheduled, the campaign escalates.
• Management has a captive audience advantage and can present speeches during working hours.
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Election
• Challenges must be made before the vote is accepted into the ballot box.
• NLRB determines validity of challenged ballots after the election if they have potential to affect the outcome.
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The NLRB has scheduled an election. Within seven days, the company must file the
A. names and addresses of all employees eligible to vote.B. telephone numbers of all employees eligible to vote.C. company policies that deal with time off for voting.D. names of employees the company feels should not be
eligible to vote.
Answer: A
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Counting of Eligible Votes
• Unchallenged ballots are counted immediately after the election.
• Of those casting a ballot, a simple majority + 1 is required for certification.
• If 1,000 are eligible to vote but only 800 vote, 401 votes are needed for certification.
• A tie results in no certification.
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Certification
• If the union loses, the NLRB certifies the election results.
• If the union wins, the NLRB certifies it as the exclusive representative of the bargaining unit.
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Other Paths to Unionization
• Employer volunteers recognition based on proof of majority status in accordance with neutrality agreement.
• Union convinces employer to grant recognition.
• Union convinces employer to witness its majority status.
• NLRB orders employer to bargain with the union if serious ULPs have been committed.
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Union Decertification
• Terminates union representation.
• Management may not guide or support the effort.
• At least 30% of the employees in the bargaining unit must petition for a decertification election.
• If the petition is valid, a secret-ballot election is held.
• A majority of the voting employees must approve decertification (a tie vote also removes the union).
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If employees successfully vote to decertify a union on June 30 in a given year, what is the earliest date a new election can be held?
A. Within 30 days
B. Between 60 and 90 days
C. After January 1
D. After one year
Answer: D
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Union Deauthorization
• Removes the union’s authority to negotiate or enforce union security clauses.
• Occurs without management support or guidance.
• At least 30% of the employees in the bargaining unit must petition for deauthorization.
• After investigation, the NLRB orders an election.• A majority of the employees eligible to vote must
approve deauthorization (failure to vote is the same as a vote against deauthorization).
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Rights and Responsibilities
Employer Employee• Exercise freedom of
speech.
• File ULPs.
• Protect property.
• Discipline or terminate for just cause.
• Sign authorization card.
• Form a union.
• Strike.
• Circulate petition for redress of a grievance.
Agent-principal relationship: Employers are responsible for managers and supervisors; unions are responsible for agents and officers.
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Unfair Labor Practices
A violation of a right under labor-relations statutes.
Can be initiated by an individual employee, a union, or management.
The NLRB adjudicates ULPs in the private sector; the FLRA or state agency processes cases in the public sector.
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Employer ULPs:Interference, Restraint, and Coercion
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The NLRA prohibits employers from:
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Avoiding ULPs
TT
II
PP
SS
Threaten.
Interrogate.
Promise.
Spy.
• To avoid ULPs, do not:
Be aware of agent-principal relationship.
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Other Employer ULPs
• Domination and unlawful support of labor organizations
– Electromation, Crown Cork and Seal Company, E. I. Dupont & Company
• Discrimination to discourage union membership
• Retaliation against employees who file charges or testify
• Refusal to bargain in good faith
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Union ULPs:Restraints and Coercion
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The LMRA prohibits unions from engaging in:
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Union ULPs:Duty of Fair Representation
• Union must act fairly on behalf of all members.
• Union may not ignore grievances that have merit or base decisions on discrimination or personal feelings.
• Union must represent nonmembers in bargaining and grievance issues in the same way it represents dues-paying members.
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Other Union ULPs
• Forcing unlawful discrimination by the employer
• Excessive or discriminatory membership fees
• Refusal to bargain
• Featherbedding
A union cannot force an employer to commit an act in violation of contract provisions.
Fees must be appropriately based on industry wages and practices.
The union must bargain in good faith.
The union cannot require more workers than necessary.
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Collective Bargaining Process
Management representation
Unionrepresentation
Legal and regulatory factors
Public and employee opinion
Economic conditions
Bargaining precedents
Bargaining subjects:
topics, issues, and goals
SPHR only
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Collective Bargaining Subjects
• Benefits for retired union members
• Settlement of ULPs• Neutrality
agreements
• Closed shops• Discriminatory
hiring
Mandatorysubjects (required by law and NLRB)
Permissive subjects(voluntary)
Illegalsubjects(unlawful by statute)
SPHR only
• Overtime• Seniority• Vacation/holidays
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Collective Bargaining Patterns
Employer bargains with several unions simultaneously but on a separate basis.
Union negotiates agreements similar to those existing in the industry or region.
More than one employer negotiates with the union.
SPHR only
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Contract Negotiations
• Win-lose negotiation
– Positional
– Distributive
• Win-win negotiation
– Principled
– Integrative
– Interest-based
Good-faith bargaining requires that both parties enter into discussion with fair and open minds and a desire to reach an agreement.
SPHR only
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Violations of Good-Faith Bargaining
• Surface bargaining
• Lack of concession
• Refusal to advance proposals and demands
• Dilatory tactics
• Imposing conditions
• Bypassing the representative
• Commission of ULPs
• Refusal to provide information
• Refusal to bargain
SPHR only
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Other Bargaining Conditions
• Unlawful circumvention – Bargaining proposals not disclosed to the union may
not be discussed with employees.
• Notice requirements– The party desiring contract renegotiation must notify
the other party of its intention to bargain a new agreement.
• Duty of successor employers or unions– Selling a majority interest in a unionized company
does not affect the company’s bargaining obligations.
SPHR only
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Contract Clauses
• Union security clauses• Dues checkoff• Management rights• Employee seniority
and security (bumping)
• Compensation, benefits, and working conditions
• Strikes and lockouts
• Zipper clause
• Term of agreement
SPHR only
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Formal Grievance Procedure
SPHR only4.
Thirdparty
3.Higher-level management
2.Intermediate supervisor
1. Immediate supervisor
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When handling a union grievance, you shouldA. accept informal amendments to the contract if they
are in the company’s interest.
B. avoid bias by not reviewing prior grievance records.
C. ask the union to identify the violated contract provisions.
D. rely on the union steward’s investigation of the grievance.
Answer: C5-84© SHRM
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The Weingarten Case
• Deals with the rights of union employees to have another person present during investigatory interviews.– When supervisors ask for information that
could lead to disciplinary action
– When employees are asked to defend their conduct
• Person attending must be affiliated with the union, not an attorney or relative.
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An employer is conducting an investigatory interview with a union employee. According to the Weingarten rights, the
A. employer is obligated to provide representation if the employee cannot find anyone.
B. employee may request that a labor attorney be present.
C. employer is not required to inform the employee of these rights.
D. employee may request that the interview be postponed for 48 hours.
Answer: C5-86© SHRM
SPHR only
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Arbitration
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The Arbitration Process
Summation
Presentationof evidence
Award
Openingstatements
The arbitrator presents the decision in written format and signs it.
Both parties identify issues, state what is to be proved, and specify relief sought.
Parties present evidence and essential documents to prove their cases.
Both sides have equal time for closing arguments.
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Arbitration
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Lockouts and Strikes
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Protected Concerted Activities
• The right of a union to strike and picket
• The right of other employees not to cross a picket line
• The right of management to continue operations with:
– Supervisors
– Nonstriking regular employees
– Newly hired replacements
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Strike Categories
Sympathy
JurisdictionalWildcat
(unprotected)
ULP
Economic
Strikes
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Replacement of Strikers
Employer must reinstate striking workers.
Strike occurs asthe result ofULPs.
Employer is not required to displace permanent replacement workers except as future opportunities become available.
Strike is aneconomic strike.
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Legal Picketing During Strikes
Consumer
Common situs
Area- standards
Informational
Picketing
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Secondary Boycotts
• Directed at the primary party through action against a third party.
• Employers may lose neutrality and be subject to union pressure in the following cases:
– Ally doctrine
– Single/joint employer or alter ego doctrines
– Double breasting
– Straight-line operations
– Hot cargo clauses
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Which provision would allow a union to picket a chain of assisted-living facilities at all of their locations?
A. Ally doctrine
B. Common situs picketing
C. Single/joint employer doctrines
D. Straight-line operations
Answer: C5-96© SHRM