system of rules and regulations that labor and management fashion to define their specific rights and obligations in the workplace

??

industrial jurisprudence

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

what is the ultimate labor-management conflict

??

management needs a free hand in workplace operations & labor requires protection against unreasonable managers and a voice in decision making

set of rules governing the allocation of economic benefits and opportunities on the basis of service with one employer

??

seniority system

most commonly negotiated means of measuring service and comparing employees for promotion and layoff recall decisions

??

seniority systems

most important measure of employee job security

??

seniority

management would prefer to use ____ ____ as the basis for employment decisions

??

performance appraisals

____ is not required by law, nor is it an inherent right of employees- but it is a mandatory subject of collective bargaining

??

seniority

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"

??

bumping

case that stated that employee is not entitled to a job assignment as a reasonable accomodation of his disability if the assignment would conflict with the rules of a bona fide seniority system. 

??

U.S. Airways Inc. vs Barnett

why was the U.S. Airways, inc v Barnett case important

??

because the Supreme Court overruled the EEOC

union officers and commitee personnel have preferred seniority rights for layoff and recall situations

??

superseniority

the process of a company posting notices of new job positions to give permanent employees the opportunity to apply

??

job bidding

what are three categories of Job Bids

??

1. up bid

2. down bid

3. lateral bid

lower to higher pay grade

??

up bid

bid from higher to lower pay grade

??

down bid

bid from one classification to another classification within the same pay grade

??

lateral bid

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

contracts usually call for ____ on the basis of plantwide seniority

?

recall

also known as the Plant Closing Act

?

Worker Adjustment and Retraining Notification Act (WARN)

What does the WARN act say?

employers are required to apprise workers and local communities of plant closings or mass layoffs with 60 days of advance notice once the decision is made

Two conditions when advance notice is required for a temporary shutdown

??

1. larger enough number of workers is affected for more than 6 months: At least 50 employees or 33% of employees are affected

2. 500 or more employees are laid off

WARN affects most ____ sector and ____ employers

??

private sector and nonprofit

generally agreed that management has the right to determine how ability is to be measured

??

determining ability

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

??

employer 

in determining ability: an employer is/is not required to show that a junior employee is more competent

??

is not

List the five ways of combining seniority lists

??

1. surviving group principle

2. length of service principle

3. follow the work principle

4. absolute rank principle

5. ratio rank 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

employees length of service is considered regardless of which company he/she worked for prior to the merger

??

length of service principle

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

employees recieve rank positions on the merged seniority list equal to their rank position on the prior seniority lists

??

absolute rank principle

ratios established based on the total number of employees in the two groups to be merged

??

ratio-rank principle

arranging to make goods or perform services with another firm that could be accomplished by the bargaining unit employees within the company's current facilities

??

subcontracting

prohibits outsourcing of any work if union member is on furlough

??

scope clause

**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

moving work previously done at one location by union workers to another location that is generally nonunion

??

relocation

status of the collective bargaining relationship between an employer and the union when a change in the ownership of an organization or change in union occurs

??

successorship

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

what is true of the contract under successorship is the employer changes?

if the industry remains the same- employer is required to acknowledge the existing collective bargaining unit

but they are not bound by the current collective bargaining agreement

the NLRB has ruled that ____ is a mandatory item for collective bargaining

??

drug testing

** 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

**what are the four mandatory bargaining subjects

??

1. seniority

2. relocation

3. subcontracting

4. drug testing

practice of government entities contracting out public services to private employers rather than adding or retaining employees in the public sector to provide the services

??

privatization

____ is perhaps the greatest threat to public unions and their members

??

privateization

provide public funds that can be used for private schools

??

school vouchers

provided drug testing for federal workers and court stated that all federal workers whoes duties provide services like public safety or law enforcement may be tested

??

Executive Order 12564

Why has magagements right to subcontract work been the subject of many grievances**?

union members feel that the recognition clause in a labor agreement recognizing a particular union as the exclusive bargaining agent implies that the employer may not remove work from the employees via subcontracting

True/False: Most labor agreements use both seniority and qualifications jointly to determine promotions

??

true