Labor Relations 2 Flashcards

Trade union
Terms Definitions
1. Employment-at-will doctrine means that an employee has a right to a job.
True/False: Arbitrators are required to have specific educational training and technical training
employees with greater seniority, whose jobs have been phased out, have the right to displace workers with less seniority, if they are atleast "as qualified"
20. The Haymarket Riot, Homestead Incident, and Pullman Strike basically eliminated Samuel Gompers' leadership effectiveness in the AFL.
14. Most union presidents have unrestricted authority to appoint their staff, regulate locals, and direct the activities of the national union.
17. In the last decade, decertification elections have nearly doubled.
21. The Racketeer Influenced and Corrupt Organizations Act (RICO) forbids anyone involved in racketeering from investing in or controlling through racketeering activity any enterprise (business or labor union) engaged in interstate commerce.
5. Unions as organizations are fundamentally different from business organizations.
employee misconduct that warrant immediate discharge under normal circumstances without the necessity of prior warnings or attempts at corrective action
serious offenses
separate from the award, statement of the reasons for the decision, well reasoned ___ can contribute greatly to the acceptance of the award
most important measure of employee job security
In determining ability: Who has the burden of proof to show that a surpassed senior executive is not competent for the job during promotions or layoff or recall actions
3. The American Federation of Labor and Congress of Industrial Organizations now includes all of the major U.S. labor unions.
15. The contract bar doctrine can extend the statutory limitation on representational elections to how many years?
20. If employees choose to decertify their union, there cannot be another representation election for twelve months.
10. Mediators, unlike arbitrators, do not have authority to make a final and binding decision concerning labor             disputes.
19. Many of today's fastest growing occupations are on opposite ends of the level of education and skills required for effective job performance.
15. Employee rights are guaranteed by the National Labor Relations Act; thus, the National Labor Relations Board investigates companies on its own to assure that the rights are protected.
7. The federal government's role in private sector collective bargaining activities is basically:
rule that prohibits the introduction of oral or written evidence that contradicts the written contract
parol evidence
sufficient or proper reasons for which management has the right to discipline or discharge employees
just cause
employees recieve rank positions on the merged seniority list equal to their rank position on the prior seniority lists
absolute rank principle
prohibits outsourcing of any work if union member is on furlough
scope clause
lower to higher pay grade
up bid
3. Unions are improving their organizing capabilities through the training of union organizers at the ___________:
George Meany Center.
11. Which of the following groups are not considered "employees" covered under the NLRA?
17. Union density is one measure of relative union strength or potential influence.
16. Member unions of the Change to Win federation are encouraged to devote 50 percent of their annual operating budget toward union organizing activities, compared to a goal of 30 percent for AFL-CIO affiliated unions.
2. In labor negotiations, it is possible for both union and management negotiators to perceive they have been successful after completing contract negotiations.
18. When employees are required to attend a meeting to hear a presentation by the employer during a pre-election union campaign, the meeting is called:
captive audience
occurs when a labor contract does not exist or when a change is sought; used infrequently
interest arbitration
What is the voluntary last step before arbitrations
grievance mediation
under ___, something is not an issue if both parties agree to submit dispute to the arbitrator
management would prefer to use ____ ____ as the basis for employment decisions
performance appraisals
set of rules governing the allocation of economic benefits and opportunities on the basis of service with one employer
seniority system
11. For a union to win an election, it must receive favorable votes from a simple majority of all employees in the bargaining unit.
11. Union participation in local union activities is higher:
a.during negotiations.b.before a strike.c.when taking a strike vote.d.for officer elections.e.all of these
17. The _____ applies to labor relations in the airline industry.
Railway Labor Act.
___ ___ is a core of continuous CB processes that specified four or five procedural steps that aggrivated employees, unions, and management representatives must follow when a complaint arises
grievance prodecure
three decision criteria factors used by most arbitrators
1. labor contract language
2. past practice
3. fairness
employees are allowed to continue previously earned seniority on seperate seniority lists when their work with the merged company can be seperately identified
follow the work principle
seniority lists are merged by adding names of employees of aqcuired company to the bottom of sseniority lists of the acquiring company
surviving group principle
1. Labor relations law has been derived from which of the following?
a.statutesb.judicial decisions and interpretationsc.legislative branchd.executive orderse.all of these
10. The reason(s) local meetings is/are poorly attended include:
a.material presented at meetings (reports of treasurer, project leaders, and committee chairs) is not interesting to the typical member.b.meetings start late and last too long.c.individuals frustrate the group by tying up meetings with personal grievances.d.all of these
8. "Pure and Simple Unionism," was most identified with the:
American Federation of Labor.
3. Under the Railway Labor Act, the federal agency responsible for resolving differences between the parties when negotiating and agreement is the:
National Mediation Board.
provides for arbitration of disputes involving collective bargaining agreements
Labor Management Relations Act (LMRA)
case that upheld a seniority system even though the resulting layoffs adversely affected employees hired under consent decree to remedy past discrimination
Firefighters Local Union No 1784 v. Stotts
**what are the four components of arbitrators standards in subcontracting cases that we discussed?
1. past practices
2. availability of qualified workers
3. justification
4. unusual circumstances
16. The Congress of Industrial Organization's tremendous success in organizing employees after its formation in 1935 was not due in part to:
active cooperation with the American Federation of Labor.
19. The mass media:
often serve as a generator and conduit of community opinion.
12. When the NLRB establishes an appropriate bargaining unit, it constitutes the "community of interests." Which of the following factor(s) does the NLRB consider?
a.commonality of wages, working conditions, training, and skillb.history of bargainingc.physical proximity of the world locationsd.transfers between facilitiese.all of these
three characteristics of incompetence
1. shouldnt be treated as a disciplinary problem
2. proper remedies include additional training, transfer, or demotion
3. burden of proof usually on management to prove employee's incompetence
What are the primary ingreidents of job security in today's collective bargaining (3)
1. seniority as a determining factor for layoffs
2. seniority as determinant for job assignments
3. embodies the principle that a single individual will not determine the operation of an organization
15. Which of the following actions are possible after the NLRB investigates an unfair labor practice charge?
a.charge may be withdrawnb.charge may be dismissedc.charge may be settledd.a formal complaint may be issuede.all of these
what are the advantages of having the neutral third party step in before arbitrations?
1. faster resolution of issues
2. both parties may present their case to the mediator
3. enables both parties to reevaluate their cases before proceeding to arbitration
4. federal mediation and conciliation service provides the service without charge
** what are six types of drug testing
1. pre-employment testing
2. reasonable suspicion testing
3. routine fitness for duty
4. postaccident testing
5. random testing
6. follow up to rehabilitatons
4. Elements of a positive human resources management program include which of the following?
a.absence of symbols of rank and statusb.overall corporate strengthc.promotion from withind.competitive pay and benefitse.all of these
An arbitrators award is not limited by the words of the contract. What are three factors that the arbitrator can consider?
1. past practice
2. common law of the shop
3. parol evidence
What is the status of the bargaining agreement under successorship is the collective bargaining representative changes
the contract is not binding for the successorship representative
how is the penalty for minor offenses handled?
given based on how many times the offense has occured
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