HRM 6635 Midterm With Complete Solutions
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Administrative Law Judge ANS✔✔ Official who conducts hearings and makes
recommendations to the NLRB or other government agency.... a judge and
trier of fact who both presides over trials and adjudicates the claims or
disputes (in other words, ALJ-controlled proceedings are bench trials)
involving administrative law. ALJs can administer oaths, take testimony, rule
on questions of evidence, and make factual and legal determinations. ALJs
handle unfair labor practice proceedings.
agency shop ANS✔✔ a workplace where even if workers do not join the
union, they must still pay the equivalent of dues to the union. In collective
bargaining agreements with an agency shop provision, nonmembers of a
union are required to pay the membership fee or a representation fee for
contract negotiations, administration, and grievance processing. Payment of
the membership or representation fees often becomes a condition of
employment and those who refuse to pay are subject to discharge.
ally doctrine ANS✔✔ refers to the situation when a employer subject to a
strike effectively uses the employees of a neutral employer as strike
breakers. It allows a union to picket a secondary employer which has
become an ally of the primary employer by entering an arrangement under
which the ally agrees to assist in the dispute by performing farmed out
work.
ambulatory situs ANS✔✔ A Union engaged in a lawful primary strike is
entitled to picket the Employer not only at its principal place of business but
also wherever else the Employer carries on its business. The most common
situation is the Employer who makes deliveries and pickups or otherwise
performs work at a customer's place of business. In these situations, the
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Union may lawfully follow the trucks and the drivers and picket the trucks
and employees as they go about their business. This picketing is commonly
referred to as "ambulatory," "roving situs," or "between the headlights"
picketing. The single most important thing to remember about ambulatory
picketing is that it is directed only at the primary employer, not at the
customer. It is illegal for the Union to try to involve the customer in its
dispute with the primary Employer. In fact, the picketing may be enjoined
and the Union may be liable for damages if it is found that the picketing was
directed at the customer or at any company other than the struck Employer.
The Union must therefore insure that the signs clearly identify the primary
Employer, that picketing occurs only when the employees of the primary
Employer are present, that the picketing be as close as reasonably possible
to where the employees of the primary Employer are working, and that the
pickets otherwise carefully follow their instructions.
American Federation of Labor (AF of L) ANS✔✔ was a national federation of
labor unions in the United States. It was founded in Columbus, Ohio, in May
1886 by an alliance of craft unions disaffected from the Knights of Labor, a
national labor association. Samuel Gompers of the Cigar Makers'
International Union was elected president of the Federation at its founding
convention. The AFL was the largest union grouping in the United States for
the first half of the 20th century, even after the creation of the Congress of
Industrial Organizations (CIO) by unions that were expelled by the AFL in
1935 over its opposition to industrial unionism. While the Federation was
founded and dominated by craft unions throughout the first fifty years of its
existence, many of its craft union affiliates turned to organizing on an
industrial union basis to meet the challenge from the CIO in the 1940s. In
1955, the AFL merged with its longtime rival, the Congress of Industrial
Organizations, to form the AFL-CIO, a federation which remains in place to
this day. Together with the new union, the AFL has comprised the longest
lasting and most influential labor federation in the United States.
anti-union animus ANS✔✔ Animus is a Latin term meaning mind, attitude,
intention or disposition. Anti-union animus is the official term for anti-union
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sentiments that may affect various management actions and result in union
organizers, members or representatives being harassed.
authorization card ANS✔✔ An authorization card is a form signed by an
employee to designate a union as his or her bargaining agent. The union
authorization card is legally binding on the employee, despite any claims
the union may make to the contrary. Union authorization cards legally
authorize a union to represent an employee for the purposes of collective
bargaining with an employer. There are three things a union can do with the
cards which it collects: 1. If the union gets cards signed by 30% of the
employees in an appropriate voting unit (i.e. within a store), it can petition
the NLRB for an election. 2. If the union gets cards signed by 50% of the
employees in an appropriate voting unit, it may request that the employer
directly recognize the union as the bargaining agent of its employees
without an election. If the employer declines, the union could engage in a
recognitional strike. 3. If the union gets cards signed by over 50% of the
employees and the employer commits serious unfair labor practices, the
union can ask the Labor Board to issue a bargaining order directing the
employer to recognize the union and bargain with the union without an
election.
back to work agreement ANS✔✔ Back-to-work agreement is a contract
between a union and an employer. A back-to-work agreement covers the
terms under which the employees will return to work after a strike. It is an
accord reached by an employer and a union to his/her employees belongs.
This also establishes the terms and conditions governing the return of
striking employees to work. The disputes that involve in a back-to-work
agreement are subject to applicable federal and state laws that govern the
labor-management relations.
bargaining book ANS✔✔ "Labor agreements have grown in complexity, size,
and the number of clauses. To cope with the vast quantity of data, many
negotiators keep a separate folder for each clause or section of the
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