ILRLR2050 Midterm – Flashcards

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labor union
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a group of people who join together to influence the nature of their employment
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workers'
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from the _____ perspective, this is what labor relations are about: collective work, related protection and influence and vote
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employers
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for _____, labor relations are about managing relationships with employees and labor unions, in ways that promote organization, goals, such as profitability, in the private sector or cost effective service delivery
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competitive
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_____ pressures are transferred to the bargaining table
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labor/management, democracy
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_____/____ relationships that produce well trained and motivated unionized employees produce clear benefits for society and they also promote ______
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union organizing process
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this process is how unions are formed
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collective bargaining process
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this process is how contracts are negotiated
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dispute resolution process
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this process is how bargaining impasses are prevented or resolved
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contract administration process
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this process is how grievances over the application of the contract are managed
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efficiency, equity, and voice
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three objectives of the employment relationship
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efficiency
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the productive, profit maximizing use of the labor to promote economic prosperity
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equity
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fairness in the distribution of economic rewards, the administration of employment policies and the provision of employee security
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voice
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the ability of employees to have meaningful input into workplace decisions
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efficiency
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standard of economic business performance
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equity
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standard of fair treatment for employees
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voice
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standard of employee participation
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efficiency
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sometimes these goals conflict, equitable treatment might reduce flexibility and therefore _______
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efficient
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employee voice might make decision making more cumbersome and therefore less ____
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voice and equity
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sharp conflict between efficiency and these
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voice
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includes consultation, labor unions, self-determination, employee free speech
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equity
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includes health and retirement security, living wages, work place safety, non discrimination
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efficiency
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includes profitability, productivity, competitiveness, economic prosperity
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collective bargaining, aid
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it is the official policy of the US to "encourage the practice and procedure of ____ _____ and to protect workers rights and to join together for negotiating the terms and conditions of their employment and for mutual _____ and protection"
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encourage
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not to tolerate collective bargaining, but to _____ it
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unions, labor movement
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______ can provide voice and representation onto individual workers while the _____ ____ can advocate for working people in the social and political arena
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free market
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business is seen as best promoting economic prosperity through _____ _____ competition
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efficiency
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the primary objective of the employment relationship from the business perspective
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social
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concerns for equity and voice are seen as ____ issues
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employment at will doctrine discrimination, contractual
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" all may dismiss their employs at will, be they many or few, for good cause or no cause, or even for cause morally wrong, without being thereby guilty or legally wrong" exceptions to this are limited to anti-___, ____ restrictions, associated with union contracts, and state by state judicial exceptions
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jobs
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modern workers and their families are often completely depend on their jobs and not property
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employment, workplace
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the quality of ____ and the nature of the ____ are therefore important for individuals, families, and society
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voice
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employee _____ is essential for industrial democracy
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industrial democracy
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workers in a democratic society are entitled to the same democratic principles of participation in the workplace
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one-on-one
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managers prefer to deal with workers __ on ____, but half of workers prefer to deal with management as a group
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management
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workers also typically prefer representation independent from _____
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efficiency, equity, and voice
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there are conflicts between the business pursuit of ___ and the workers pursuit of ____ and _____
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rights
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society sets the ground rules for how corporations can make profits and therefore establishes ____ and obligations for corporations, unions and workers
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property, workers
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the ___ rights of employers vs. the ____ rights of employees
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neoliberal market ideology
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proponents of voluntary market based economic transactions (_____ _____ ____) privilege property rights over workers rights because basic economic theory shows that competitive markets and well defined property rights are optimal for achieving efficiency from this perspective, the key right of workers is their ability to ____ jobs that they do not like and labor unions do not enjoy any special privileges or protections
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property
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from the opposite perspective, workers rights are seen as human rights, and in this case, workers rights should trump _____ rights
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pluralist
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most of the world's labor relations systems, however, are based on a compromise, a _____ perspective that sees the employment relationship as analogous to a pluralist political society in which multiple parties (such as employers and employees) have legitimate but sometimes conflicting interests and rights
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balanced
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property rights and workers rights should be _____
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rights
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the US LR system therefore is based on the belief that labor and management should truly interact and resolve their conflicts within a framework that appropriately respects the rights of each party involved
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unions
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labor ____ can help serve a balance between efficiency, equity and voice
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markets, HR Managers
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LR systems are premised on the belief that the invisible hand of ____ and the visible hand of ____ ____ ____ cannot balance efficiency, equity and voice by themselves
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more
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there is an assumption that corporations have ____ power than the individual non union workers that can result in substandard wages and benefits, discriminatory treatment, autocratic supervision, long hours, dangerous working conditions and these outcomes do not fulfill the desired objectives
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purchasing, equity, voice
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low pay and worker unrest can cause inefficiency through lack of consumer ____ power and economic disruptions because of strikes and other disputes long hours at low pay under dangerous and discriminatory conditions violate _____ employer dictation of employment conditions as well as autocratic supervision fail to provide employee _____ and are counter to democratic standards
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legal bargain union
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US LR systems are tightly regulated by the ____ system if a majority of workers in a specific workplace want union representation, their employer has a legal obligation to ____ with the union over wages, hours, and other terms and conditions of employment workers cannot be fired or discriminated against for supporting a _____
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purchasing, exploitation, voice, outcome
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these legal protections increase the _____ power of workers and reduce disruptive strike activity (efficiency) achieve fair labor standards and protection against worker ________ (equity) providing democracy in the workplace (____) US labor law specifies how parties must act during bargaining but does not concern itself with the ______ of the bargaining table
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collective bargaining
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representatives of the employer and employees negotiate the terms and conditions of employment that will apply to employees
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compensation
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wages, benefits, vacations, holidays, shift premiums, profit sharing
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personnel policies and procedures
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layoff, promotion, transfer policies, overtime and vacation rules
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employee rights and responsibilities
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seniority rights, job standards, work premiums
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employer rights and responsibilities
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management rights, just cause discipline, discharge, subcontracting, safety systems
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union rights and responsibilities
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recognition as bargaining agent, bulletin board, union security, dues checkoff, shop stewards, no strike clauses
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dispute resolution and ongoing decision making
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grievance procedures, committees, consultation, renegotiation procedures
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bilateral
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a crucial feature of collective bargaining is that management's traditional authority to unilaterally establish terms and conditions of employment is replaced by _____ negotiations
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union contract
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in this US, when the collective bargaining process results in terms that are approved by both upper management and the union workers, the provisions are written down and bound into a legally enforceable CB agreement, also called a _____ _____
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efficiency, equity
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business need for flexibility (____) clashes with lengthy contracts and detailed work rules (____), this leads to experimentation with shorter contracts
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equity
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flexible compensation systems to promote and reward highly performing employees can clash with ______ if they are perceived as subjective, competitive or unfair
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adversarial
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business need for cooperation and employee involvement clashes with the traditionally _______ bargaining process in which labor and management use aggressive tactics to extract as many gains or concessions from the other side as their power allows
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win win bargaining
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joint problem solving
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voice, communication
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the need for both flexibility and involvement is not well served by a process in which contracts are negotiated every 3 years or so with little productive communication (____) between these formal negotiating contracts you need to establish mechanisms for ongoing ____
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flexible, competition
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the business climate of the 21st century is characterized by ____ production methods, the rise of knowledge workers, and intense global _______
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grew, public
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labor unions are criticized by union supporters for being too meek while the overall number of union workers ____ into the 1970s, it has declined since then must of the growth post 1980s was in the ____ sector, private sect roughly the same number of union members in 1980 and 1965
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private, public
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total union membership has been stable because a continued decline in ____ sector membership has been offset by an increase in _____ sector membership
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union density
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percentage of workers who are union members
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unionized
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one possible explanation for decline is that employment has declined in traditionally ______ industries such as manufacturing while employment has increased for non union industries such as services
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declined
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second possibility is that a demand for union services has _____
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stereotypes
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demand can decline because unions are not doing a good job of responding to the desires of a changing workforce and overcoming the negative ______ of unions that are so common in american culture
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responsiveness
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if employers have improved their _____ to employees needs, this can reduce demand for union protection and advocacy
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legislation
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increased protective ____ may have provided a substitute for unions
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resistance
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employer _____ to unions, US business are exceptionally hostile toward labor unions and have developed a wide range of union avoidance tactics
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union
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many companies often invest in their nonunion operations and they fire ____ supporters, hire antiunion consultants, deny organizing campaigns, forcing strikes and then hiring replacement workers to bust unions
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representation gap
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supports the significance of employer opposition, employees say they want more representation in the workplace than they have 1/3 of non union workers would like a union, the desired union density rate is 40%
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less, declining, reform
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in the US, Canada, and GB, younger workers are significantly ____ likely than older workers to be union members, this causes union membership to continue to decline across generations as new entrants to the labor force are less likely to develop an appreciation for unions the explanations are based on structural changes and ____ demand for unionization due to improved corporate policies and employment laws imply that little ____ is warranted
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distrust, low
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adversarial negotiations create distrust and acrimony rather than trust and cooperate you need to supplement the high level, periodic negotiations with ongoing, ____ level communication and problem solving mechanisms lengthy and detailed contracts inhibit flexibility and involvement, some labor laws are outdated, bureaucratic production, american domination of world market and management versus labor attitudes and things of the past
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weak, prohibited
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labor law is ____, penalties are minimal, delays are frequent, employers can use captive audience speeches and permanent strike replacements and secondary boycotts are _____ workers need protection more than ever in the ____ economy
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threat
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wage and benefit practices in union contracts can also influence non union compensation though a ____ effect, the threat that dissatisfied workers will unionize sometimes causes nonunion firms to at least partially match union wage and benefit terms
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the glances-off economy
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in which some employers avoid established labor standards and undermine more responsible employers, is growing
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sexual harassment
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demands for sexual conduct in return for job related benefits
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performance
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workers continue to be fired for reasons unrelated to job _____, trying to force a union, age or race, refusing to falsify medical records, or because of who they date or blog about
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bad, stereotypes
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the common sentiment among americans is that unions are not ____ the mainstream media reinforce important stereotypes of labor unions, they report from a consumer perspective, not a union perspective while emphasizing the accomplishments of business leaders and entrepreneurs ______ on TV and in cartoons perpetuate anti union culture
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low, corporate, info
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there are growing labor market disparities, there are problems of ___ wage workers trying to move out of poverty and support families there are ____ pressures for cost control, quality and flexibility to complete in an ____ rich economy the need to educate individuals as lifelong leaders because of ever changing ____
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1900's labor problem
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undesirable outcomes that stem form an inequitable and contentious or perhaps even oppressive and exploitative employment relationship they have long hours and low pay
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800 dollars, unsanitary
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the estimated reasonable minimum for healthful, efficient and decent living not making this results in selling rooms to boarders, selling garments or doing other tasks as some based subcontractors or using children to earns wages also, there are _____ working conditions
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great insecurity arbitrary dismissal
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constant fear of injury and unemployment foreman's empire system of complete management control- fear of _____ ____
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hired or fired
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workers can be ____ or ___ for any reason, poor performance, absenteeism, ethnicity, union sympathies, age, demonstration of absolute power by foreman
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machines, production
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there is a mindset of workers as _____ that is reinforced with the main dimensions of the labor problem, labor is viewed as sustaining other ____ input
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repetitive work equity/voice
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mass manufacturing is ____ and narrowly defined tasks by workers to achieve high output, employees had no ownership in their _____ if workers are machines, they are not entitled to ____ or voice and they only contribute to ____
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human or social business
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across the private and public sectors, the poor conditions of the labor problems were an issue for two broad reasons: 1. the _____ or ____ perspective- people should have better lives than this, it is partly an economics issue, workers should be able to afford decent housing, clothing, food. Equity is important, one should question whether treating workers as commodities even as valuables, in autocratic relationship, even if benevolent, fulfills the standards of a democratic society 2. ______ perspective- absenteeism and turnover are costly, with significant levels living below the poverty line, the consumers lacked purchasing power, strikes and industrial conflict are costly to business and to society more generally
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mainstream economics school
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this school focuses on economic captivity of self interested agents, such as firms and workers, who interact in competitive markets
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free market
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in the mainstream economics school, efficiency, equity and voice are achieved through ____ ____ competition
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allocation and prices
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under some assumptions such as perfect info, competitive results from the optimal ____ and _____ of resources, prices reflect the value of what is being purchased so outcomes are efficient
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worse labor voice competition
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in the mainstream econ school, no one can be made better off without making someone else _____ off. in the labor market, competitive outcomes are also seen fair because the price of labor equals that value that _____ contributes to the production process ______ is expressed through freely participating or abstaining from transactions from this perspective, the conditions of the labor problem are not seen as exploitative if there is sufficient labor market _____
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competition, unemployment, competition
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mainstream economics school- if market failures prevent competitive markets from working properly, you need to ensure ____, this is the best protection that an employee has against his or her current employer if there is insufficient labor market competition because of excess ____, the appropriate policy response is a macroeconomic policy to stimulate the economy and thus reduce unemployment if competition is prevented because of a barrier such as government regulation, the appropriate response is to remove this barrier, as long as there is _____, employment outcomes are not seen as a problem
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outcomes
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_____ are value free, so there may be a labor situation which simply describes the outcomes but not a labor problem, which implies that there outcomes are undesirable
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monopolies, wages perfect competition government competition
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mainstream econ school unions are seen as labor market ___, that restrict the supply of labor and interfere with the invisible hand of free market competition. By threatening to strike, unions use their monopoly power to raise ___ above their competitive levels and thereby distort employment and output levels throughout the economic system unions are seen as interfering with the disciplined market by protecting lazy workers and it interferes with the efficient operation of the economy for those who believe in ____ ____ labor unions are not singled out, this dominant mainstream view applies the same reasoning to other ______ interventions in the labor market. the role of the government is not to establish labor standards, it is only to promote _____
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human resource management school
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was called the personnel management school, and it believes that the labor problem stems from poor management
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foremen employment
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in the 1900's- _____ led by fear and intimidation, this is what motivated employees, it drove employees to get maximum production for the least coast and when they broke down from extortion age or injury, they discarded them and got fresh workers to replace them as you would with a machine this caused there to be little concern for the conditions of _____
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specialization management
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HR school- scientific management and the movement to large scale mass manufacturing and assembly lines tended to reduce workers tasks to their simplest components, this emphasis on ____ led to monotoning, boredom and deskilling the underlying problem of the labor market was poor ____
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better management
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HR school: the resulting solution to the labor problem is pretty simple- _____ ______
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supervisory, training, evaluation
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HR school- to create motivated and efficient workers, firms should design and implement better ____ methods, selection procedures, _____ methods, compensation systems and ____ and promotion mechanisms
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HRM efficiency
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if workers want justice, security, respect and opportunities for advancement, than design ____ ____ __ POLICIES THAT ARE RESPONsive to these needs because workers will then be motivated, engaged and productive proponents claim that high levels of performance (______) will be achieved
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equity, voice healthy
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HRM because management polices are responsive to the needs of employees ____ will also be achieved, and ____ is typically informal this is depicted as producing ___ returns for all stakeholders
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independent labor unions
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those that are legally and functionally independent of employers and government, have the power to elect their own leaders, collect and spend their own dues, many establish their own organizational objectives and strategies
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employers independent unions
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nonindependent labor unions lack such aurhotity and are controlled by ____ or company owners or by the government in the HRM school, _____ unions are seen as adversarial to the cooperation, a healthy company should not have ____ because they are a sign of bad HR and management
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unionization
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HR professionals have greater influence in companies when there is a threat of ____ but an important objective is often to keep unions out, critics see HR as a sophisticated anti union device
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unnecessary
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HRM school of thought also believes that independent unions are _____, third parties prevent employers and employees from getting closer together
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company worker, bargaining
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1920's- many thought they should have some type of representation, even those in this school of thought, would help companies treat employees with respect, create a cooperative, constructive relationship and foster loyalty, this is why ____ unions were created management would connect and confer with ___representatives but there would be no __ and the representation plans had no authority outside management
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IR school
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in this school, the labor problem is believed to stem from unequal bargaining power between corporations and individual workers
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manual, competition
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in 1900- there was an emergence of large corporations which separates the owners of the production process from a new wage earning class who did the _____ work that was relatively new institutional economists accepted this modern corporation as an efficient corporation/organization of mass production but they respected the mainstream economics belief in perfect _____ rather, institutional labor economists saw many market imperfections, there was persistent unemployment, company towns, dominated by a single employer, lack of worker savings and other safety sets and large, monopolistic employers, with undue influence in markets, politics and the legal system
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bargaining
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IR school believes that individual wage warners have vastly inferior ____ ____ relative to employers which allows managers to be autocratic and authoritarian
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bargaining increase, unions
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IR school the labor market is characterized not by competition but by _____ and society is worse off if either side has too much power, these problems were compounded by business cycles that create additional insecurities if the labor problem stems from unequal bargaining power, the solution is to ____ workers bargaining power by forming independent labor ____ and pursuing collective bargaining
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critical IR school
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Marxist IR, this is a radical perspective. it is really critical of existing societal institutions and social orderings, emphasizes that capitalist institutions do not simply exist but are created by society (such as through laws and governing market transactions or business incorporation and through social norms governing acceptable behaviors
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Critical IR
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this school of thought focuses attention on how dominant groups design and control institutions to serve their own interest, albeit imperfectly due to resistance from competing groups
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Critical IR
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says that corporations can shape the broader social context of labor relations to serve their own interests and in the view of this school, perpetuate their control over labor
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interests
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CIR employers are seen as structuring the organization of work and HRM to serve their ___ at the expense of labor, the division of labor is viewed as a strategy to make labor easily replaceable and weak
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human resource similarity
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there needs to be fair treatment through _____ ____ policies, the perception of impact through development of distinctive corporate culture are interpreted as strategies to prevent workers from unionizing race, gender and other identities are similarly seen as being manipulated to undermine worker ______/ solidarity and foster managerial control
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institutions socialism balance
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CIR The cause of the labor problem is believed to be the control of society's _______ and the means of production by specific groups or classes the solution to the labor problem is a significant restricting of the nature of capitalism such as replacing it with ______ manage and not _____ being sought
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working, capitalism
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CIR Strong militant unions can aid workers struggles with capitalism by mobilizing and raising the consciousness of the ____ class and fighting for improved compensation, be the working conditions and greater control over workplace decision making sees radical unions as the very revolutionary vehicle for overthrowing ______ and creating a society managed by workers
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socialism
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CIR ______ perspective- unions would no longer be needed as representatives of the working class
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socialism
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many are critical of the pragmatic, CB focus of US unions which does not do enough to challenge capital's power in the workplace and which reinforces capitalism rather than advocating and leading the working class towards working control of ______
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market, management, bargaining, capitalist
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there are four possible underlying causes of the labor problem: _____ failure, poor ______, unequal _____ power and dominations of labor by the _____ class
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consumption, intrinsic, commodity, extrinsic
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the mainstream economics school views the purpose of the economic system as _____, work is only endeavored to earn wages which can then be used to buy things but it does not provide _____ awards. labor is just another commodity or machine in the process the other 3 schools reject the belief that labor is just a _____ and instead see labor as human beings with aspirations, feelings and rights, work fulfills more than just _____ needs
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equal x 2 legal
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modern economics beliefs that employees and employers are _____, the other three schools say that they are not ____ in the labor market or the labor arena (firms can have monopsony power through imperfect info, mobility costs and tilted benefit structures) in the _____ arena, individual workers with imperfect information or without the resources to purchase legal expertise will be at a disadvantage
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unitarist view
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the HRM school holds a _____ view conflict is not seen as an inherent feature of the employment relationship, conflict is seen as a manifestation of poor HRM policies or interpersonal class such as personality conflicts employees and employers have a unity of interests and therefore effective management policies can align these interests for the benefit of all
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plurality
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the IR school sees the workplace as characterized by multiple interests- _____ of legitimate interests become a pluralist political system
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plurality
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IR school- has a ______ view of conflict in the employment relationship, some of the interests are shared, both employers and employees want their organizations to be successful but for other issues there is an inherent conflict of interest between employers and employees in its simplest form, pressure for higher profits conflicts with labors push for higher wages
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unitarist
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rejection of the _____ view that all workplace issues can be restricted as shared interests, in other words, the pluralist view is that employment relationship conflict features mixed motived and some issues are conflict and some include mutual interests employees want employers to be profitable but their desires for higher wages, better benefits, increased security, favorable working conditions and input into decision making (equity and voice) clash with employer's pressures for lower labor costs, flexibility and high output (efficiency)
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balance
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plurality views seem government laws and labor unions as balancing this conflict and striking a ____ between efficiency, equity and voice
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managerial
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because some conflict its inherent, it is unwise to rely on _____ goodwill to protect workers and to rely on management initiated programs to provide employee voice
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economic, labor unions
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unlike the mainstream economics school, the CR school does not believe it is sufficient to rely on _______ markets to check this conflict of interest because of market failures. ____ ____, independent of managerial authority, provide checks and clan aces in the workplace and are therefore essential for protection and participation
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pluralist
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CIR school believes in the inherent conflict between employers and employees but it is significantly broader than the limited economic conflict in the _____ view
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capitalist
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conflict is not limited in higher wages or better benefits, it is a social conflict of unequal power relations or class conflict, this CIR school believes that the pluralist limitation of the concept of power to bargaining power rather than greater social relations, is superficial, unequal social relations are believed to be in all _____ institutions and it is therefore inadequate to think about balancing because management always has the upper hand
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voice
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with a unitarist point of view, ____ can be successful provided through policies that encourage individual voice or through a nonunion employee help program
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pluralist
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if the employment relationship conflict is ______, it follows that industrial democracy can be achieved only by traditional labor unions that are independent of management
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CIR
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this school believes that there is embedded conflict in society and not just in the employment relationship, labor unions are ultimately inadequate for challenging the power of workers
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workplace governance
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whoever gets to make the rules gets to govern the workplace thus a comparison of the alternative rules for making rules is the question of _____ _____, this determines the nature of the balance that is struck among efficiency, equity and voice
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markets human resource management worker independent government
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there are 5 major possibilities for creating workplace rules 1. competitive labor ____ 2. _____ _____ _____ 3. ____ control 4. bargaining with ____ employee representatives (labor unions) 5. and statutory _____ regulation
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laissez high, low
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_____ ____ reliance on competitive markets includes two central critical features: mainstream economic theories plus common law economic rules that protect individual liberties with the freedom of contract (the right of individuals and organizations to freely enter into economic relationships of their own choosing) the rules result from self-interested individuals and organizations, rules will favor management when labor demand is ___ and employees when labor supply is ____, sate, of individual representation- workers, but rules always result from the invisible hand of market forces, there is a system of individual representation
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managers voice
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HRM model ____ establish employment conditions, they are perhaps constrained to a range of alternation established by the marketplace but within this range the managers choose certain terms and conditions of employment _____ mechanisms are established and directed by management, policies, practices and conditions are unilaterally determined by management
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worker control
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this is the opposite of HRM, it is employee control over organizational objectives and rule making workers instead of managers unilaterally establish the terms and conditions of employment
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collective bargaining bargaining central
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replacing the unilateral authority of HRM or workers control models with a system of shared bilateral authority in which employee voice is independent of managerial authority (_____ ______) the rules are determined by negotiations between two parties with broadly equal ______ power, workplace rules can also be set by government regulation this system protects everyone and standards can be determined by rational debate rater than bargaining or market power, regulations are determined by a _____ authority, not workplace participants, so it can be difficult to cater to specific needs, enforcement, can be inconsistent or lax or expensive
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mainstream econ school HRM school CIR
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uses a reliance on competitive markets has the HRM model of workplace governance believes in work control or socialism
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government
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____ regulation can try to establish labor standards but id does not involve employee voice, labor unions can counter corporate bargaining power and also provide voice independent of managerial authority
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laissez faire
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rights to freely enter into economic relationships (freedom to contract)
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great depression
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1930's- ____ _____- labor law as fashioned, as a consequence, US laws pertaining to labor unions and collective bargaining reflect the central belief of the IR school that unions are needed to counter corporate bargaining poet and provide industrial democracy
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pluralist
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national labor policy is based on the assumption that the ____ conflict in the employment relationship is best resolved via collective bargaining to balance the three factors
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non union free market
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in the 1950's, the ____ ____ HRM model dominated and it came from a growth of non union corporations recently, the ____ model of workplace governance is again becoming dominant as it was before the new deal, public policies that support free trade and deregulation further increase the emphasis on competitive markets
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unions, management, IR
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the mainstream econ school says that ___ are harmful because they are monopolies that impair economic efficiency, they prefer reliance on competitive markets HRM school says that unions are an indicator of bad _____ unions are critical to the ____ _____ school
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union wage premium
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unionized workers in the US are generally estimated to have wages 15% higher than comparable non union workers
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shock effect profitability
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the presence of a union shocks management out of complacent and forces them to development better managerial practices and policies that improve workplace efficiency there is mixed research on the effects of unions on productivity some say they bring lower _____ or that they reduce employment growth, but they are not likely to drive firms out of business, there is a union facilitation effect
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labor movement
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a social movement in which workers and unions from multiple workplaces join together to pursuer common interests most frequently in the political and social arena
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unionization
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US Labor laws have explicitly protected workers union activity primarily by making it illegal for companies to prevent ____ through intimidation or manipulation LR are always critically shaped through the legal system, whether or not there was specific labor laws
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unions bargaining disputes and grievances
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major processes in today's LR system: organizing new ___ _____ contracts resolving ___ and ____
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new deal, property, labor
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____ ____- 3 factor balance rooted in the HR school of thought there is a balance between ___ rights and ___ rights
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property, mainstream econ
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Before the New deal in the 1930's, legal doctrine generally favored ___ rights and individual liberty (this relates to the ___ ___ school)
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common law
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body of law based on customs, traditions of acceptance, behavior and judicial precedent, often stemming back to the enlightenment principles from several centuries ago (conspiracy, breach of contract, property rights, employment at will doctrine)
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statutory
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laws enacted by legislators, and not judges
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labor law and employment law
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laws written explicitly for unions and union activity laws written pertaining to the individual rather than the collective employment relationship 1932- birth of US labor law, unions and union activity is governed by statutory laws
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common law
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throughout the 19th-20th century, workers who collectively tried to influence their wages and conditions by forming unions, striking and leading boycotts were subjected to the ____ ___ doctrines
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conspiracy doctrine
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Philadelphia shoe makers, their union was the first convicted of being an illegal conspiracy in 1806 by joining together and refusing to work unless their terms were met, the shoe makers were viewed as conspiring the harm the community because shoe prices and unemployment would increase and profits would fall
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individual freedom
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individual attempts to influence wages and working conditions are consistent with _____ ____ but mainstream economics thought that emphasizes free market competition, the collective aspect of union activity was viewed as particularly harmful and thus was considered an illegal conspiracy
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commonwealth v hunt
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this case says that some union actions might be conspirational and therefore illegal, labor unions are not per se illegal or unlawful conspiracies this is viewed as a landmark in granted unions some legal legitimacy and the beginning of the conspiracy doctrine to LR
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injunctions
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court ordered restraints and action to prevent harm or damage to someone else, used to stop of limit picketing during strikes there is a link between this and an injunction to prevent irreparable harm
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intangibles
answer
are also part of a company's property rights, but these injunctions were normally issued without full court hearings, they would rarely be held because the strikes would end before the hearings were held
question
injunctions
answer
contributing to breaking strikes by: turning public opinion away from the strikers from a perception that they were law breaks, directing the union's financier and human resources through legal proceedings and by demoralizing strikers through fear and confusion
question
property
answer
organized labor felt that employers and judges were abusing the legal protection of employer's ____ rights by turning the injunction into a powerful anti union legal weapon that broke strikes and unions
question
yellow dog contracts
answer
a promise by a worker not to join or support a union, refusal to agree to such conditions mean either termination or they may not be hired they were an effective anti union device, they ere not seen as coercive but rather voluntary
question
sherman antitrust act 1890 unions
answer
outlaw monopolies and prevent their negative economic and social effects, statutory law if a union is viewed as a combination, unrestraint of trade or commerce that represents an attempt to monopolize and part of the trade or commerce, then this act applies to ____ as well as corporations
question
danburg hatters case
answer
says that a union boycott violated sherman antitrust, and a later ruling held individual union members responsible for over 200,000 in damages
question
clayton act of 1914
answer
gave unions the legal right to exist, did not unambiguously exempt them from anti trust laws, became easier for employers to seek injunctions
question
voluntary
answer
19th century philosophy of Gompers and the afl WAS THAT UNIONS WERE _____ associations of workers, not incorporation associations, and that because of this the government should not interfere
question
pluralist IR
answer
_____ _____ ____ view- unions are seen as legally sanctioned organizations with corresponding rights and obligations in a pluralist society, serving public interest and living up to collective bargaining agreements
question
James Wilkerson (1922)
answer
notorious railroad worker injunction, made striking regardless of being peaceful illegal, banned persuasion and corruption
question
norris laguardia act
answer
organized corporations (essentially individual shareholders who have unionized by pooling their resources and hiring experts to look out for the best interests) are significantly more powerful then unorganized individual workers, this imbalance in bargaining power forces workers to accept substandard wages and working constraints
question
IR school
answer
(school) workers should be able to unionize to balance corporate power and thus obtain decent wages and working conditions
question
norris laguardia act
answer
this act forbids the federal courts from issuing labor injunctions that interfere with strikes, payment of strike benefits and publicizing a dispute, peaceful picketing and workers joining unions this ends criminal conspiracy of unions and yellow dog contracts, it exempts unions from the sherman anti trust act, and it was the end of common law and business law, it was the start of labor law
question
roosevelt new deal
answer
enacted the new deal for american people, it created an active government role in promoting and guaranteeing the welfare of the population the ___ _____ school of thought underlies the ND philosophy because of imperfect markets, conflicts of interest in the employment relationship between ERs and workers and the importance of employees as human beings, government regulation and labor unions are important for balancing power between employees and employers, which promotes economic stability and property as well as democracy and fairness- efficiency, equity, and voice
question
NLGA
answer
did not actively protect or promote the union actively and it did little to combat open shop tactics (infiltrating unions with spies, using armed guards and professional strikebreaking agencies to break strikes, fire union activists, create racial tension to divide workers and using non union employee representation groups to prevent the creation of independent labor unions)
question
NIRA
answer
contained a public workers program to create jobs and an ambitions framework for establishing industry codes of fair competition for preventing destructive competition and promoting economic recovery
question
section 7a of NIRA
answer
employees shall have their rights to organize and bargain collectively through representatives of their own choosing and shall be free from interference, restraint, and coercion of the employers of labor or their agents in the designation of such representatives or in self organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection
question
NLRB
answer
created to help settle labor disputes but without specific enforcement policies it was ineffective, there was a failure in the NIRA in achieving industrial peace, there were strikes in textiles,
question
NIRA
answer
was granted unconstitutional in 1935 because the authority granted by it to the US president to approve the codes of fair competition was seen as excessive
question
railway labor act
answer
to avoid strikes and other forms of labor management conflict that disrupt interstate commerce and weaken the economy, thus the act protects the rights of employees to form labor unions, provides the government mediation of bargaining disputes and establishes adjustment needs to resolve grievances
question
unions
answer
____ specifically are not grand rights, rather individual employees are granted the right to select a union representative from these rights, are procedural, right to choose a CB rep or engage in CB, rather than substantial, such as a specific wage rate, which is also consistent with individual free choice
question
recognize
answer
the Railway labor act failed to provide a mechanism for determine when an employer would have to ____ unions as the employer's representative
question
representative, bargain
answer
in 1934, the act was strengthen to restrict company dominant unions and by establishing the national mediation board to conduct secret ballot elections elections to determine whether a union should represent employees, if a union has majority support, it is certified as the exclusive ____ of all the workers in that craft or class and the company must ____ with that union
question
Amalgated Clothing Workers
answer
Sidney Hillman, destructive competition, brought stability and order to the garment industry, through strong CB and an orderly agreement procedure the union working cooperatively with Employers and the garment industry to create economic stability, increased purchasing power and fair economic outcomes while also providing some form of employee voice
question
Wagner Act
answer
also known as the NLRA, attempts to promote and protect workers abilities to unionize in the private sector if they so choose, it was amended in 1957 and 1959
question
collective bargaining commodity are not conflict voice
answer
the wagner act encourages ____ ___ in the private sector by protecting workers rights to join and form labor unions, it feels that labor is more than a ______ labor and management (are, are not) economic or legal equals, there is an imbalance in bargaining power there is at least some ____ of interest between workers and employers that cannot be resolved by unitarist management policies but this is a pluralist employment relationship conflict, not class based or societal employee ___ is important
question
mainstream econ HRM cir IR
answer
this school says that the WA is hard to understand and a harmful protection of monopoly power this school says that it is an unnecessary support of adversarial third parties this school says that is an important attempt to empower labor that inadequately challenge's capital's power this school says that unequal bargaining power is at the heart of the labor problem and equalizing bargaining power through unionization is the solution
question
efficiency equity voice
answer
the way that WA affects: _____- increases the purchasing power of workers, reducing disruptive strike activity, and largely maintain employer's property rights _____- achieving fair employment conditions and protections through exploitation _____- providing democracy in the workplace
question
section 7
answer
employees shall have the right to self organization, to form, join or assist labor organization to bargain collectively through representatives of their own choosing and to engage in other concerted activities for the purpose of collective bargaining and other mutual aid or protection
question
majority employer NLRB
answer
granting a certified ____ status union the right to be the exclusive representative of the relevant employees and specifying a certification procedure for establishing whether a majority of workers want union representation (Wagner Act) defining illegal ______ actions that undermine section 7 creating an independent agency, the ___ to enforce the act
question
exclusive representation
answer
when a union has the support of a majority of a group of employees and that is the only representative of that group of workers without this, companies established company unions even when a majority of workers wanted an independent union, then manipulated the company union to weaken the independent unions
question
section 8 of NLRA- employer ULPs
answer
_____ ULPs 1. to interfere with, restrain or coerce employees in the exercise of section 7 rights 2. to dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it 3. by discrimination in regard to hiring or terminating employment or any term or condition of employment to encourage or discourage membership in any labor organization 4. to discharge or otherwise discriminate against an employee because he has filed charges or given testimony under this act 5. to refuse to bargain collectively with the representatives or his employees
question
secret
answer
a ____ ballot vote was used to determine whether a majority of workers support the specific union w the wagner act
question
bargain
answer
if the union is certified as the exclusive representation of that grouper of workers after a secret ballot election, the employer must ___ with that union over wages, hours and other terms and conditions of employment
question
ULPs
answer
illegal employer or employee actions
question
section 8a1
answer
ER cannot punish union employees for making demands, so employees can self organize b talking to their managers as a group, rather than as individuals and be protected against reprisals even if they do not form a formal union
question
8a1
answer
is the universal enforcer because it covers all employer violations of employee rights
question
8a3 8a2
answer
cannot fire or discriminate against employees who are trying to form a union no company unions, company unions are also perceived as undermining workers purchasing power
question
8a5
answer
when a union has majority support, the employer must recognize the union as the exclusive representative of all employees and bargain with it accordingly it is a ULP for an ER to refuse to bargain with a certified majority union as the exclusive representative
question
NLRB
answer
an independent federal agency devoted to conducting representative elections and adjudicating ULPs 1. a general counsel's office that conducts representation elections and investigates and prosecutes ULPs 2. a 5 member board of presidential appointee that hear and decide cases if an individual believes that a ULP has occurred, they can file charges with an NLRB regional office
question
violators
answer
____ can be or due to cease from their illegal activities and when relevant to offer reinstatement with backpay to illegally discharged workers
question
federal
answer
in the first years of the wagner act, the act was attacked as greatly extending the ____ government's reach into private affairs and therefore interfering with economic efficiency as well as individual and corporate liberty (laissez fair proponent)
question
employment unionization outcomes
answer
the wagner act did not dictate terms and conditions of ______ it protects workers choice regarding _____ and provides an affirmative obligation for employers to bargain with a majority union it does not require agreement or specific _____ it spent the first 2 years defending its existence, federal judges issues injunctions against the NLRB and tried to declare it unconstitutional and there is continued opposition to unions and the new law
question
Jones and Laughlin steel
answer
declared the NLRB constitutional, then the act could enforce labor policy
question
great strike wave of 1945
answer
many felt that unions were too strong and lacked a sense of public responsibility, were controlled by communists or corrupt union busts and should be bound in some of their responsibilities and restrictions that employers found under the Wagner act unions were not restricted under the wagner act and the ______________ magnified the perceived need to bring unions under control
question
taft hartley
answer
proposals for reform fought to fix the perceived excesses of the wagner act to push the pendulum toward the middle of the spectrum the labor management relations act, it was an amendment to the wagner act, together they are referred to as the NLRA
question
TH ACT
answer
the wagner act emphasizes inequalities between labor and management and the need to promote collective bargaining, restrictions on union actions, enhanced rights of individuals and employers, there are new dispute resolution procedures
question
section 8b of NLRA closed shop
answer
there are 6 union ULPs 1. to restrain or coerce employees in the rights guaranteed in section 7 8a1 - to cause or attempt to cause an employer to discriminate against employees except for failing to pay any required union 3. to refuse to bargain collectively with the ER 4. prohibits unions from engaging in secondary boycotts and other forms of strikes and picketing that involve innocent employers (a company that does not directly employ the workers who are involved in the dispute) 5. to require excessive or discriminatory membership fees 6. to force an employer to pay for services not performed 7. to picket an employer to demand recognition except in limited circumstances union actions are also restricted by a clause that outlaws ____ ____ agreements
question
closed shop agreement
answer
a provision negotiated into a collective bargaining agreement that requires the employer only to hire union members, employers cannot hire anyone they choose
question
union shop agreement
answer
allows anyone to be hired, but to remain employed workers must join the union in a certain amount of time
question
agency shop
answer
rather than joining the union, workers must pay dues
question
union dues
answer
union shops enforce agency shops in which employees are forced to pay any fraction of ____ ____ germain to bargaining and administrating union contracts union shop clauses cannot compel workers to formally join unions
question
right to work laws
answer
14b- these are allowed, they are laws to prohibit union or agency shop agreements, union actions further restricted in these states in regards to membership provisions
question
section 9
answer
revised to add a decertification clause, it is the procedure by which individuals can oust their bargaining agency if they no longer desire union representation
question
8c
answer
employer free speech provision, allows employers to express views about unionization as long as the expression do not contain threats or promises supervisors were excluded from protection, there is the ability to file ULPs against unions
question
investigational economic FMCs secondary interference blue collar
answer
the THA restrained the NLRB to separate _____ prosecution and judicial aspects of the agency (unlike all other federal agencies), and also prevent it from undertaking ___ analyses ____ ____ ___ provide voluntary mediation to labor and management negotiations there was a national emergency strike provision in this view, restrictions on ____ boycotts undermined union solidarity and prevented the strong from aiding the worker, the employer's free speech provision legitimized employer _____ in what should be a worker only issue, not protecting supervisors unions relegated the labor movement to be comprised of only ____ ___ workers
question
dependent government
answer
THA made workers even more __ on government control, it publicly equated unionism with communism IR school- THA inputs too many____ regulations into labor relations
question
teamsters
answer
_____ leader Jimmy Hoffa, Johnny Dio and other organized old tigers and their use of contracts- in return for kickbacks, union officials would ignore an employer's contract violations such as substandard wages though they would still collect union dues personal laws from union health and welfare funds and violated to keep resistant ER and EEs in line
question
McClellan committee
answer
concluded tha trank and file union members had no voice and often the right to vote in internal union affairs, national union leaders abused their power over locals and union finances, and violence was used to keep members in line
question
landum griffith act
answer
focuses on internal union affairs to achieve union democracy, it creates a bill of rights for union members that guarantees all union members equal rights of participation in internal union affairs, including voting and expressing views, democratic standards for the election of union officers are also established
question
landum griffith act
answer
tries to prevent union corruption in 3 additional ways: 1. unions and their officers are required to disclose financial records by filing reports with the USDOL, this is intended to increase the transparency of corporate governance 2. this restricts the use of union trusteeships, national unions can take over the operation of a labor union and replace the elected officials with appointed trustees, this act tries to ensure that this power is used for legitimate purposes (clearing up a corrupt local) then illegitimate (renaming local leaders that are political opponents of the national leadership or installing a corrupt leaders who is relative to the national leadership 3. establishes the fiduciary responsibilities of under leaders
question
12
answer
the rights of permanently replaced workers to participate in NLRB elections are confined to the first 12 months of a strike
question
hot cargo agreements
answer
8e- these agreements were outlawed, goods that are made by nonunion members or be a company that is being struck and this gives the members the right to refuse this cargo
question
political donations solicited dues
answer
there was a worry that unions force workers to pay dues and then use those funds to support __ candidates that the worker may not support. the THA prohibits unions from making __ directly to candidates for federal office, but subsequent federal campaign finance laws allow unions to use their funds disseminate political info to their members and to establish separate PACs which can directly support candidates union members need to be _____ for voluntary contributions to a union sponsored PAC if a unionized worker objects to the spending of union funds on political activities, the work is forced to resign his or her membership in the union and therefore not pay ____
question
public
answer
_____ sector labor law has 51 separate jurisdictions, US federal government and 50 states for state and local government workers
question
government, public, association
answer
early laws and legal ruling treated attempts to bargain with the ____ as interfering with the responsibility of elected government officials to establish the proper policies and to protect the public interest in the 1950's, this aversion to public sector unions started working in the favor of worsening ____ sector employment conditions and a new legal respect for the freedom of ____
question
civil service reform act
answer
protects most federal sector workers, though supervisors, the military, post offices and several other agencies are excluded it parallels the NLRA framework, there is exclusive representation with majority support, certification elections, employers and union ULPs and an agency that administers ULP and elections strikes are prohibited, wages and benefits are excluded from bargaining and unions with minority interests may also support have consultation rights so that a federal agency and consultation with the union before bargaining conditions
question
state comprehensive laws narrow laws no laws prohibitive laws
answer
LR for state and municipal workers are governed by the laws and courts of each ____, state courts have decided that preventing public sector workers from unionizing violates freedom of assembly and speech and even if there is no constitutional right of bargaining there are comprehensive laws, narrow laws, no laws, prohibitive laws, (state public sector bargaining laws) ____ grant nearly all government occupations the right to collectively bargain ____ one or several occupations only ____ silent on whether public sector bargaining is legal ____ ban public sector bargaining
question
strong political
answer
proposals are commonly motivated by a belief that public sector unions are too ___ and that the state and local governments can no longer afford to pay the wages and benefits negotiated by public sector unions attempts to weaken the ___ power of unions- because they support democrats rather than republics
question
precedent
answer
when the NLRB issues a case, it issues a written decision that it sets as the ____ for future cases
question
wright line test employee
answer
illustrates the importance of precedents for guiding legal decision making the dividing line between the legitimate employee discipline and discharge on the one hand and the unlawful retaliation for union activity on the other 1. show that the discipled or discharged employee was engaged in protected activity 2. the employer was aware of that activity 3. the activity was substantial or motivating reason for the employer's action if the GC establishes these facts, burden of proof shifts to the _____ to prove that it would have taken the same action even if the employee had not engaged in protected activity
question
politically supervisors backpay
answer
a criticism is that the 5 board members are ____ aligned, NLRB lacks sufficient powers and lack of punitive damages NLRB does not cover ____ or independent contractors, undocumented workers are protected under the NLRA but they are denied _____ permanent strike replacements
question
HR, ECON
answer
these schools believe that the nLRA is seen as interfering with the achievement of economic prosperity tied to free markets and individual action, it should be repealed
question
labor law employment law employment at will
answer
this law focuses on workers collective actions this law focuses on individual employment rights says that employees can be hired under any conditions or fired at any time for any reasons
question
workers compensation
answer
these laws are probably passed much easier than other employment laws because employers are benefitted substantially, they are shield from limitation expenses and they possible of large damage awards
question
examples of labor and employment laws
answer
Social security act federal unemployment tax act FLSA- minimum wage provisions and restriction on child labor Title VII of Civil Rights act of 1969- prohibits discrimination age discrimination employment act ADA OSHA/ERISA Pension protection act WARN 1989 FMLA
question
interest
answer
Labor relations scholars who adhere to the pluralist IR school of thought believe that there is an inherent conflict of ______ in the employment relationship conflict is natural and is to be expected, it is not pathological or to be suppressed
question
business unionism
answer
this has been the philosophy since in the 1950s, you need strong workplace unions, collective bargaining is key, it is acceptance of capitalist institutions, equity through workplace union protection, voice through workplace union protection
question
servicing
answer
the ______ model to pursue job control unionism through industrial unions in this model, equity is achieved through generous wage and benefit packages, seniority based layoff and promotion procedures, restrictions on discipline and discharge for just cause only and due process protections in the grievance procedure voice is achieved through representation at the bargaining table and in the grievance procedure
question
business collective
answer
US labor unions have traditionally embodied the ____ unionism philosophy this says that the key to achieving equity and voice is through _____ bargaining in the workplace, and this is the manner in which unions win wage gains, benefits, grievance procedures, and protective work rules
question
capitalism profits
answer
business unionism accepts the legitimacy of ____ and the need for employers to make a profit, labor's goal is to secure a fair share of these ___ through collective bargaining
question
hold up unionism or jungle unionism
answer
if unrestrained competition, especially in periods of high unemployment, leads to individuals needs for survival, this strategy says to take whatever you need or can by whatever means necessary (Jimmy Hoffa's teamsters 1930's and 1940's, violence and coercion)
question
servicing model
answer
US labor unions traditionally have represented workers by using a _____ _____- the union is like an insurance company, workers pay dues and in return, they are protected against bad times
question
consume for, by
answer
in the servicing model workers do not participate in the union, rather, they _____ union services, especially collectively, bargained contracts and representation in the grievance procedure workers are serviced by union officials problems are solved ___ the workers and not ____ the workers, this is a passive form of employee representation because the only active participants are union officials
question
scientific
answer
in the 20th century, there was _____ management, jobs were divided into specialized tasks there were detailed job classifications, employees have traditionally been adamant about maintaining their managerial prerogatives- discipline, production, scheduling, marketing, pricing, investment and other managerial functions
question
job control unionism
answer
in this form of unionism, unions seek to protect their members from volatile managers, and markets by negotiating detailed, legalistic union contracts that tie employee rights to narrowly defined jobs while removing labor from business decision making
question
union, increases
answer
in job control unionism, a central element is replacing arbitrary management control with ____ negotiated seniority systems for allocating jobs and determining pay and benefits equity and voice are achieved through predictable wage ____ , generous benefits, seniority based layoff and promotion systems, limitations on discipline and discharge for just cause only and grievance systems
question
collective bargaining managerial authority
answer
Labor relations have been characterized by a sharp break between ____ ____ over wages and rights linked to jobs on one hand and _____ _____ over business functions on the other
question
craft unionism
answer
occupational unionism, involves a single union representing only workers in a single occupation or craft, might be suited to the workforce of the future, if workers are increasingly mobile and identify more with an occupation than with the specific company
question
industrial unionism
answer
focuses on an industry rather than a craft, serves to represent workers of all occupations within an industry
question
quality and flexibility
answer
on the business side, management has been fighting the rigidities of job control unionism since the 1980's because of the greater need for ____ and ____ that have risen with increased foreign and nonunion competition
question
business, servicing
answer
a desire to revitalize a weakened labor movement has caused some labor movement supporters to criticize the conservatism of the longstanding ______ union philosophy along with the union member apathy that is created by the passivity of the _____ model
question
scope
answer
of the representation, describes the breathe of the representation activities, whether union activity is concentrated in the workplace or in broader political and social arena
question
workplace, social
answer
a business unionism focus on collective bargaining is a _____ scope of representation, an alternative approach of embracing community and social activism represents a broader ___ scope
question
soul
answer
captures how the representation is pursued or delivered, especially regarding the extent of rank and file participation, the rank and file are passive in the servicing model, alternative strategies seek to instead actively engage the rank and file in union activities
question
organizing model
answer
this approach views unions as institutions of active worker participation, empowerment and mobilization organizing drives to unionize nonunion workers are not led solely by full time staff members, but rely heavily on internal organizers workers themselves who talk about forming a union with their coworkers thereby create more internal organizers
question
active soul
answer
in the organizing model, workers play an ____ part in resolving their own problems, they participate in the attainment of equity and voice and continually serve as internal organizers to create vibrant unions it is an active form of representation and the ____ consists of the rank and file union members
question
servicing organizing
answer
the ___ model sees the relationship between a workers and his or her union as a narrow economic exchange that develops only weak ties between leaders and union members the ______ model sees this as a social exchange with the potential for developing strong social ties not only between leaders and members but also among members
question
employee empowerment unionism
answer
rather than establishing standardized outcomes, such as thing wages to jobs or layoff to seniority, as are typical in job control unionism, this establishes a framework of procedures in which workers are then empowered to determine their own outcomes the provisions include minimum standards and provisions for settling disputes there is skill based pay and union involvement in establishing standards for a team to select new members or a team leader
question
social unionism
answer
the workplace scope of representation common in US labor relations contrasts with the ______ unionism philosophy that is frequently observed in europe
question
social unionism scope social soul
answer
adherents to this philosophy see labor unions as more than workplace mechanisms for winning economic gains, rather, unions are viewed as integral participants in a community's or a country's civic and political activities the ___ of the representation is the broader social and political arena, labor's influence comes from _____ and political power, the pursuit of equity and voice is not limited to negotiating favorable contract language governing the rules of the workplace but extends to border concerns of social justice through society the ____ of social unionism can be union leaders with passive rank and file participation consistent with a servicing model of representative or active union member participation which is consisted with an organization model of representation
question
social movement unionism
answer
embraces labor unions as part of a broader social movement of community, social and political activist groups that relies on active grass roots participation and mobilization
question
organizing, management
answer
rank and file activism can provide the means to increase _____, especially with traditionally overlooked groups and to resist ____ demands or concessions
question
economic
answer
the sociopolitical activism of social movement unions is also frequently rooted in a belief that the employment relationship is characterized by deep sociopolitical class conflict rather than ____ conflicts that can be mediated by workplace focused institutions
question
full, higher, lower, low
answer
union density is significantly higher in ___ rather than part time jobs and is slightly higher among men than women it is ____ in african employees and ____ in hispanics union density is ____ for sale and managerial positions, 15-20% for blue collar and 40% for teachers
question
service south/southwestern northern
answer
____ related industries have low union coverage, regional differences, _____ have the lowest union densities and ____ industrial states have the highest
question
local unions
answer
this type of union may represent many workers from a single workplace, (industrial local), workers in a single occupation from several workplaces (amalgamated local)
question
craft and amalgamated unions
answer
______ and ____ locals usually have elected business agents to administer the contracts that have been negotiated with various employers most also have one or more elected or appointed shop stewards
question
stewards
answer
the primary responsibility is processing grievances that have been filed within their work groups, local, on this are governed by a president and an executive committee who are democratically elected
question
national
answer
nearly all local unions are part of a.....
question
internationals national union authority
answer
Ex. NEA, Teamsters, UCFW, and SEIU, AFSCME some national unions are called _____ because they also have locals in Canada the greatest power of authority usually lies with the _____ ____, these unions oversee the local unions and they often have final approval _____ over local actions
question
members, research, legislators, strike
answer
most national unions are responsible for organizing new _____, providing ___ and training, lobbying _____, providing __ benefits, and supervising the collective bargaining process
question
directly local union specialized local democratic
answer
when bargaining with larger companies, the national union may _____ handle the collective bargaining. With smaller companies, a ____ ____ negotiating company may take the lead, but often with the support and the advice of a national union staff member departments consist of ______ staff in important functional areas, revisions or conferences focus on important industries or occupations divisions or conferences focus on important industries or occupations within a national union and provide the opportunity for coordination and networking within these areas national unions have regional or district offices to secure the ___ unions and are governed through traditional ______ methods
question
constitution GENERAL
answer
each national union has a ____ that spells out the unions bylaws and procedures, overall policy directions and change to the constitution are made through periodic conventions, attended by delegates elected by the union's membership many US unions today would be better described as _____ unions rather than industrial or craft unions
question
membership, individual
answer
there is an increased strength that national unions gain by increasing their _____ and financial base through mergers and deluxe organizing outweighs the potential prelims with being responsible to the increasingly disparate meeds and situations of _____ workers but, mergers do not always go smoothly
question
rival unionism
answer
union competition for members, merger activity redefines inter union competition but decreases organizing activity among general unions and increases competition among unions there is a debate about whether the competition is a waste of precious resources or whether it causes better representation
question
aggressively
answer
the threat of losing workers to rivals could cause union leaders to bargain more _____ and win greater gains, benefits of competition that cause corporations to innovate and strive for better goods and services also apply to labor unions
question
labor federation
answer
association of labor unions that provides support and leadership to the labor market
question
AFLCIO
answer
consists of 57 national unions, 12 million workers, a fraction of the union dues collected by each member union is forwarded to this to fund operations
question
local union
answer
is similar state governments, they have their own elected officials and can pursue their own policies and conduct their own actions, support given to a supervisor authority
question
national union
answer
are like the federal government because they are the ultimate authority
question
labor federation
answer
is like the UN, provides overall leadership and important services but membership is voluntary the AFL CIO does not have the power to compel the workers to comply with its decisions
question
programmatic trade or industrial
answer
as with the national unions, there are specialized departments, called ________ departments, there are divisions for specific industries or occupations, called ______ and ____ departments in a labor federation
question
state/local
answer
AFL CIO has also affiliated state federations and local labor chapters that provide opportunities for the labor movement to cooperate at ______ and _____ levels
question
AFL CIO labor federation
answer
most of the organizing, negotiating and grievance procedures and directed by local and national unions, the _____ main function are political lobbying, research, education and overall coordination and direction
question
ITUC international trade union confederation
answer
AFL CIO is a member of the ____- which is a federal of national labor federations. Similarly, individual unions participate in interdepartmental organizations for their industries
question
AFLCIO
answer
is no longer the sole US labor federation at the national level, frustration with the continued decline of the uS labor movement led to unusually open and perverted calls for a change in the direction and leadership of the AFLCIO in 2004.
question
organizing
answer
shifting the afl-cio's spending from political activities to _____ activities. they also wanted to see the AFL CIO rationalize the structure of the labor movement by consolidating smaller roles and refocusing the diffuse energy of general unions toward specific core jurisdictions
question
change to win
answer
through these calls for change are oversimplified when combined with significant rivalries among various union leaders, they resulted in 7 unions leaving the AFL CIO in 2005 and favoring the ___________ federation
question
solidarity charter
answer
AFL CIO leadership created a _____ ____ program in which the local unions from the change to win federation are allowed to be part of the local and state AFL CIO 2 of the original union re-affiliated with the AFL CIO and 1 remains independent
question
democratic
answer
_____ unions more effectively represent their workers. union democracy can be analyzed along 3 dimensions- procedural, behavioral, and substantive
question
procedural
answer
definition of democracy (Landum Griffith Act) US labor law mandates basic democratic procedures with means, including free speech and election provisions, many national leaders and regularly re-elected, there is greater leader turnover at the local level
question
membership
answer
even if officer turnover was low, the promise of opposition can help leadership response to its ______ the general position recorded on the _____ dimensions is adequate if one accepts the servicing model of unionism
question
organizing union democracy
answer
advocates for the ______ model point to the dismal record along the behavioral dimension of democracy as a major obstacle to creating a vibrant labor movement, especially because of entrenched union bureaucracies and socially conservation union leaders. Managerial pressures for employee involvement in workplace decision making can also undermine ____ _____ by wording employee commitment to the union and lowering participation in union affairs
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trusteeships
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national unions can use _____ to clean up local abuses and in the worst instances corrupt officials can be persecuted under RICO
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bottom up
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conceptually, labor unions are _____-__ organizations that ideally serve the interests of rank and file members, leaders at all levels of labor organizations are therefore elected and embers are entitled to vote, express opinions, etc
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nonunion
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US corporations prefer to be ____
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union avoidance
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to the extent that management works towed remaining non union or becoming non union is already unionized
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union acceptance
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to the extent that management accepts the presence of unions or a drive to establish a union
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cost leadership differentiation
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emphasizing low cost emphasizing product quality or features
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cost leadership strategy
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is likely presented through an HR strategy, that seeks to minimize labor costs, efficiency stems from low costs and high output, so labor is treated as a commodity or a machine
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Theory X of management
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cost leadership strategy is consistent with this a theory in which workers are assumed to dislike work and must therefore be commanded and controlled through threats of punishment, this is the autocratic HR approach
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differentiation strategy
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could be presented through an HR strategy, that develops, records and perhaps even empowers employees to create a loyal and productive work force. Equity and voice are important components of this strategy because fair treatment and protective benefits and individual voice mechanisms such as open door policies can foster loyalty, satisfaction and productivity
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theory y of management
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managers motivate employees by establishing conditions of commitment and responsibility
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autocratic approaches
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union acceptance strategy in this type of organization would likely adversarial negotiations, in which labor and management negotiates, challenges and threats each other during negotiations strike and grievance activity would also be expected to be higher than average as management fights to keep labor costs ____ and unions react to this aggressiveness
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union suppression
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union busting, harassment, demotion, or firing of union supporters, proactively or reactively shifting production from locations that are unionized or that are trying to unionize plant clearings, outsourcing, bankruptcies, and double breasting an aggressive strategy might include tactics to decertify the union, engage in surface bargaining, and use permanent strike replacements to take the jobs of union supporters
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union substitution
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a union avoidance strategy is this- management adopts polices and practices to keep unions out by making them unnecessary ex. paying above market wages and benefits, providing employment security, giving employees opportunities for training and development and instituting informal grievance procedures authoritarian supervisors are replaced with more respectful coaching methods of supervision and attitude surveys are used to monitor employee satisfaction employees are made to feel like they are part of the organization and have voice create unions who feel like they do not need a union and are loyal and protective this is the goal of welfare capitalism and modern HRM, unitarist view
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acceptance union
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a union _____ attitude in a paternalistic/ strategic organization results in a participatory LR strategy in which the union is enlisted to help the business create high performance work systems ex. employee involvement programs, more terms and other practices are jointly established by reps of management and workers rather than unilaterally imposed by management a _____ has the potential to better articulate the employee concern, and they will undoubtedly will speak more freely when they are not afraid of management reprisal
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labor relations environment
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labor and management must content not only with each others sometimes conflicting strategies but also with the pressures, constraints and opportunities of this
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legal environment common law employment at will doctrine
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are all components of this environment: NLRA FLSA CIVIL RIGHTS ACT OSHA FMLA tax laws, bankruptcy codes and deregulation ______ ___- law based on tradition and precedent rather than created by statutes enacted by law makers ____ ____ ____ ____- in the absence of legislative or contractual restrictions, employees can generally be discharged or quit at any time
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economic tight loose
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an environment: labor market, market for employer's product or services, markets for other factors at production, financial markets, and state of the overall economy _____- low levels of unemployment and it is difficult for management to find new labor, use this leverage toward favorable gains with an employer _____- high levels of unemployment and it is simple for management to find new labor, employees may be reluctant of trying to form a union for fear of being fired and unable to find a new job, might be less willing to strike
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derived
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labor demand is _____ from employers competitive positions in markets for their goods and services, employers that do not have competitive products and services will force declining market shares and declining market demand globalization, increased nonunion competition and deregulation have placed significant pressures on labor relations in the uS and around the globe
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financialization
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corporations are increasingly focused on financial concerns such as boosting stock, pressures to satisfy walls treat expectations and increase the value of executive stock options there is an increased pursuit of profits through financial transitions rather than through the delivery of valuable goods and services, helps support corporate goals that in turn support strategies toward employee issues, generally
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concession bargaining
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many unions agreed to wage, benefit and work place concessions in order to try to save jobs technology also affects the supply of and demand for new occupations and is an important element of the LR environment (Skill biased US restructuring) it upgrades the skill requirements of technical jobs and resulting greater demand for high skills, biased in favor of skilled work scientific management efforts to reduce complex jobs to simple repetitive tasks
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sociopolitical environment
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environment: employment outcomes can be influence by public ttitudes toward labor unions business and labor can also lobby political leaders for favorable treatment, can make it easily for unions to organize new workplaces some employee groups rely on political lobbying rather than collective bargaining to improve wages and working conditions "associations" not unions, they can grow into full fledged unions that engage in collective bargaining
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unions
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usually large bureaucratic organizations with many members and locations like many corporations
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labor union
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group of people who join together to influence the nature of their employment US labor law protects the members of this group from reprisals so they cannot be fired to force the employer to bargain with them, the employees must organize themselves into this, if they successfully form a legally recognized union, the employer will have a legal obligation to bargain with them
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management secret ballot
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few employees could initiate a strike and then round up support union supports could get workers to sign cards or a petition and present the results to ____ along with a threat of strike if management ignores the request employees could have a ____ ____ election, in which the union and the employer must abide by the decision of the majority. Since the passage of the NLRA in 1935, US public policy has favored the last option
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secret ballot
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most unions are organized through ____ ____ elections, administered by the NLRB , the first major USLR process- the organizing process, is thereby principally shaped by the BLRA and the procedural and legal aspects of the NLRB elections
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representation elections
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answer questions of whom the employees want to represent them
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certification election
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an election to determine whether a union will be certified as the bargaining agent of employees
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one or a few employees a union a corporation/ employer
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there are 3 possible initiators of an organizing drive: 1. 2. 3. (these drives are illegal , section 8a1 ULP under the NLRA)
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employee
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low pay, excessive overtime, harsh supervision, lack of respect and voice, can cause dissatisfied employees to talk with each other about forming a union to crease their collective strength, they might contact a union organizer who workers for an existing union in their work industry or occupation, this is an ________ initiated campaign
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unions
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may try to initiate organizing campaigns by advertising, distributing information and trying to contact employees to show the benefits of unionization
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strategic campaigns
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these campaigns are those in which organizing a particular workplace will enhance a union's ability to effectively represent existing employees
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organizing campaigns
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campaigns that attempt to increase a union's membership by organizing dissatisfied workers who are ripe for unionization but who do not have a strategic fit with an existing membership
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support
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once a union organizing drive has been initiated, the next step in the union organizing time line is building ______ this generally involves meeting interesting employees outside the workplace and distributing information if an organizing drive is to be successful, sooner or later employees myst concretely express their support for having a union represent them you can show support through union authorization cards
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union authorization cards
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preprinted form containing something like "i authorize_____ to represent me for the purposes of collective bargaining, which employees fill out and sign) they demonstrate interest in unionization to the union organizers and the employer and the NLRB some union organizers will not continue to devote their time and resources to a campaign if they cannot collect a certain number of signatures in a certain time period. they show the employer that a majority of employees want union representation both employees and unions violate the NLRA by agreeing to recognize a union that lacks majority support, but if a union gathers signed cards from more than fifty percent of the employees, it can ask the employer to recognize the union as the bargaining agent of the employees
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voluntary recognition
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the employer is agreeable, a neutral part can examine the cards and determine if truly more than 50 percent of the employees signed cards, if so, the employer can recognize the union and is than obligated to bargain with the union, this is called _____ ____, when this occurs the union organizing process is over
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card check recognition
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recognition based on authorization cards, also called a majority sign up procedure
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voluntarily
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unions are pushing for card check recognition procedures, legislative action, employee free choice act, that would require employes to accept card check recognition and through agreements with specific companies, to _______ accept card check recognition employers typically refuse to recognize unions voluntarily
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recognition strike
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pre NLRA era- there was only one option- you step up pressure on the company to force it change its tune employees would launch a _____ ______- a strike to try to control the employer to recognize the union, this is costly in terms of human life, suffering, profits, and economic disruption 1935 passage of the NLRA created a certification procedure in which employees can petition the NLRB for an election to determine if a union has the support of a majority of the employees this tries to make all recognition strikes obsolete by giving employees a safer alternative that does not involve lost wages and the risk of being replaced yale graduate student recognition strikes
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majority certification
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the goal of all elections is to determine the wishes of the ______ of employees ___________- most common, is used in a nonunion location to ascertain if a majority of employs want to become unionized and designate a specific union as their bargaining agent, if so, the NLRB uses the election results to certify this union and usually the ballot is between one specific union and no union but there cold be multiple unions on the ballot. in these cases, runoff elections between the top vote getters might be needed to determine the wishes of the majority
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raid election
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used to determine whether a majority of unionized employees no longer want to be represented by the union. if so, the union is decertified and loses the right to represent and bargain for these employees ______ election- employees can choose between existing union, a challenging or raiding union and no union, usually result from workplace going to union to nonunion wins- 1/2 of certification, lose 2/3 of decertification
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sufficient interest contract bar
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a group of employees or a union must file a petition from within the NLRB, this petition must be supported by a demonstration of sufficient interest from the employees for such and election _____ ______- 30% typical way to demonstrate sufficient interest is to provide signed authorization cards from at least thirty percent of the employees, usually wait til they have 50% authorization cards are valid for 1 year unless there are unusual circumstances, the NLRB will not allow more than 1 election per 12 monte, elections also will not be authorized within 12 months of any union certification a decertification election cannot be held when here is a valid collective bargaining agreement in place of up to 3 years, this is called the _____ _____ doctrine the NLRB finds the occupations and geographic locations included in a certification election
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appropriate bargaining unit
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NLRB shall decide in each case whether in order to assure to employees the fullest freedom in exercising the rights guaranteed by this act, the unit appropriate for the purposes of collective bargaining shall be the employer unit, craft union, or a subdivision thereof ______ ______ _____- the group of occupations and locations relevant to the certification election, employers in these occupations cannot be in the election and will be represented by the union is the union wins the election individuals who are not identified as employees by the NLRA such as supervisors and managers are excluded from the NLRB defined bargaining units, once the supervisory management and other excludes are resolved, the nlrb's determination of the appropriate bargaining unit is generally based on grouping together the hobs that share a commonality of interest.
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railway labor act
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bargaining units are narrow in occupation but broad in geography and include all an employer's locations, under NLRA threats great diversity in some cases,a bargaining unit could consist f only two employers, each side wants the unit defined to maximize their change of election, unions face significantly better in smaller rather than large elections and elections with more homogeneous than heterogenous revenues once the ABU is determined, the petition for a certification election might no longer be support by signed authorization cards from at least 30% of the relevant employees because of changed unit definitions, anti union campaign delays, litigating, that erode the support for the unionization, fewer than 70% of all petition filings result in elections
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supervisors
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has become very important as the skill requirements for many hobs have increases, there is an exclusion of ______ from NLRB determined BUs from protections of the NLRA against reprisal for union activity unions fear that companies are intentionally giving employees just enough responsibility to have them legally seen as supervisors with the express intent of moving them from the BLRA protection and making it harder to unionize
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supervisor
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means any individual having the authority in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, discipline other employees or responsibility or effectively to recommend such action, if in connection with the forgoing of the exercise of such authority is not of a routine or name, but requires the use of independent judgement you could excluded more employees from NLRB bargaining units, but splitting workers, unions can be weakened, employees can be weakened and without the NLRA, protection, they can be fired for trying to organize
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Kentucky River cases
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NLRB drafted more definitions to assign, responsibility, direct, and independent judgement
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re-empowerment of skills and professional employees and construction trade workers act (RESPECT ACT)
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would reserve and assign a responsibility direct from the definition of superior and would require the other supervisor functions to be a majority of an individual's jobs in order for him or her to be considered a supervisor
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lengthen
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elections are supervised and monitored by the NLRB officials but they usually take place at the employees worksite each eligible worker can vote using a secret ballot, and the voter turnout is usually around 80% for an election on average half of elections are held within 38 days of petition being filed, 90% held within 56 days changes to a unit definition can drastically ____ the time table and a few elections might not occur until a year or more after a petition is filed
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unionization frustration utility maximization
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typically agreed under are not important predictors of how people vote in representation elections, they are based on perceived costs and benefits of _____ as well as on individual attitudes towards unions ______ model- only dissatisfied workers of those frustrated by a pressure in justice will consider unionizing, this is rooted in dissonance between desired and actual employment conditions _____ _____ model- eocnomic models rational workers will consider unionization if it increases their well being and the benefits outweigh the costs, job dissatification is not required
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union negative social
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in order for those features to translate into a vote for unionization, three additional items are important 1. a worker needs to feel that the ____ will be effective in impacting things in the specific workplace 2. a worker usually must not have ____ views about unions in general 3. the _____ environment of the workplace must be favorable to unionization
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union instrumentality
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the degree to which an individual thinks a union will be instrumental (successful) in improving the workplace workers who do not think that a positive different in their workplace are unlikely to vote for a union even if they are dissatisfied with working conditions, workers fear that a union will bring conflict to the workplace and can be viewed as an important negative dimension of union instrumentality workers belief that their unions lack instrumentality also increase the likelihood that they will vote against the union representation in decertification elections, attitudes towards unions in general, pertains to the broader function of unions these general views might include views of unions as autocratic, discriminatory, corrupt, outdated, bureaucratic, or conflictual. unions need to work hard to overcome anti union attitudes in organizing drives, general positive attitudes can include beliefs that unions improve working conditions, help ensure that workers are treated fairly and lobby for needed protective legislation attitudes can stem from previous experience or a parent or spouse who is a union member there are social aspects of the workplace- social pressure, measure the extent to which an individual thinks his or her coworkers support the union especially respected coworkers unionization is ultimately a social or collective rather than an individual activity, workplace level employee solidarity and social identification are important in determining whether workers will try to contract perceived workplace pressures individually or collectively there is a greater collective social identity of immigrant workers, an alternative explanation for why workers join unions focuses on political and idealogical beliefs but this is more appropriate in europe
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unions employers
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employers and unions typically participate in these campaigns to holster support for their sides, _____ create a social climate in the workplace that supports collective rather than individual action while highlighting reasons why employees should be dissatisfied with their jobs, how the union will be effective in improving their hobs and that unions in general are a positive social force. ________ try to make employees feel satisfied with their jobs, question the effectivness of an need for unionism in improving the workplace, portraying as dues begging or corrupt and emphasize the value of individual rather than collective action
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8c threats and promises
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the key legal standard for NLRB elections is free choice. campaigning by employers and unions is permitted by the NLRA's employers free speech provision section ____- the expressing of any views, argument or opinion or the dissemination thereof whether in written, printed, graphical or visual form, shall not constitute or be evidence of an ULP under the provision of this act, if such expression contains no threat of reprisal or promise of benefit ____ and ____ can interfere with free choice campaign tactics that hamper, restrict, interfere with employee free choice in directing whether to have union representation are prohibited
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laboratory conditions doctrine
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in election proceedings, it is the NLRB's function to provide a laboratory in which an experiment may be conducted under conditions as nearly ideal as possible, to determine the uninhibited desires of the employees, it is orderly to establish these conditions, it is a social duty to determine whether they have been fulfilled, when, in the rare extreme case, the standards dip too low, because of our fault of that of others, the requisite laboratory conditions are not present and the experience must be conducted over again when the nlrb feels that election campaigning or conduct causes employees to vote differently from their true preferences, the election votes will be thrown out and a new election will be conducted
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firing illegal
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8a1/8b1- interfering with or coercing employees 8a2- establishing a company dominated sham union 8a3- discriminating against employees on the basis of union support _____ or otherwise discriminating against union activists because of their union support therefore interferes with employee free choice and is illegal. improving wages, benefits, and working conditions before an election in order to defeat a union is also ____ interference individuals or actions of a third party cannot be ULPs but can negatively impact laboratory conditions
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can
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employer campaign tactics try to influence the four key determinants of individual voting decisions- job dissatisfaction, union instrumentality, general union attitudes, collective social identity they give out pro company anti union information supervisors can/cannot interact with employees individually or in small groups, through letters or emails
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captive audience meetings
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a group meeting held in the workplace during working hours in which employees are forced to listen to managements anti union and pro company presentations legal as long as they are not within 24 hours of the election property and free speech rights of employees versus unfair advantage in communication and pressure there are predictions based on objective facts that some events will likely occur because of forces beyond the employer's control (like competitive forces) are acceptable statements that convey the impression that the events are inevitable or at the discretion of the employer are prohibited threats
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solicitation
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there can be no ____ rules, the employer can use its private property rights to prohibit outside organizations from entering the workplace and interacting with others/workers. as long as these rules are equally enforced for all types of solicitation or outside organizations, union organizers can be denied access to employees in the workplace, except in the extreme circumstances when there is no other access to employees
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non salts
answer
employees can discuss unionization in the workplace but such conversations can be restricted to ___- working areas or hours _____- paid union organizing try to get hired as regular employees for the purpose of organizing the workers, they are employees under the NLRA but to be protected, they may have a genuine interest in working for the employer discriminatory enforcement of no solicitation rules is objectionable interference with employee rights to organize unions employers can distinguish between various types of email solicitation, allowing anti union email messages but banning pro union messages is discriminatory and thereby prohibited by the NLRA
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union avoidance consultants
answer
consultants can help managers take advantage of tactics such as captive audience meetings and train supervisors in union avoidance methods aggressively seek to break unions by going to almost any means necessary delay- by challenging the proposed bargaining unit definition in an election petition, an employer can slow down the election time and delay the election date for a couple of months or more, election delays reduce the likelihood of union certification, the employer gets more time to campaign against the union and turnover may result in the lost of union supports perceptions of union instrumentality might be weakened as the union appears helpless to counter the employers legal maneuverings and critical union movement is lost
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union
answer
_____ campaigning- emphasis on the implicit messages regarding job dissatisfaction and union instrumentality from a behavioral and strategic rather than legal perspective, US unions have not traditional denoted extensive resources to campaign tactics organizing process actors are the practice, unions had to figure out what type of representation philosophy fits best with various types of workers and what type of campaign tactics support these philosophies
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