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| Question | Answer |
| What clause prevents the reopening of negotiations during the term of the contract? | A zipper clause or totality of agreement clause |
| What is the first step in the process to resolve grievances? | Many grievances can be resolved at the first step in the process with the immediate supervisor, grievant, and union steward working together. |
| 4 levels/steps to resolve a grievance | 1. Resolved with immediate supervisor, grievant, and union steward working together. IF FAILS, go to level/step 2 2. A union official takes the dispute to the next level of company management, where the grievant generally doesn’t attend but is represented by the union. IF FAILS, go to level/step 3 3. A member of the union grievance committee meets with the next level of management in the company, IF FAILS/grievance is serious enough to be unsolved at the highest management level, go to level/step 4 4. Go to a third party for resolution. |
| In which sector are labor strikes prohibited? | The public sector |
| In which sector is compulsory arbitration mandated by legal statute to resolve disputes? | Compulsory arbitration is mandated by legal statute to resolve disputes IN THE PUBLIC SECTOR where labor strikes are prohibited. |
| When are injunctions sought? | Injunctions are sought when immediate action is needed to temporarily prevent something from occurring e.g. national emergency strike. |
| When immediate action is needed to temporarily prevent something from occurring e.g. national emergency strike. What will be used? | Injunctions |
| In the event that a company with CBAs is acquired by a new company, what may the new management be required to do with the union contracts? | In the event that a company with CBAs is acquired by a new company, the new management may be required to maintain the union contract. |
| 4 factors will be considered to decide if an acquiring owner is a successor employer | 1. Substantial continuity in operations 2. The number of employees assimilated into the new company 3. Similarity of operations and products 4. The agreement with the previous employer |
| Can the terms and conditions of a CBA be changed by the new employer? | Yes, BUT the changes are required to be made through the collective-bargaining process and can’t be made unilaterally by the employer. |
| In case a successor employer wishes to change terms and conditions of a CBA, how can the employer do that? | The changes are required to be made through the collective-bargaining process and can’t be made unilaterally by the employer. |
| When union members may be engaging in a work slowdown, and it may be costing management more to have the employees working slowly and producing a limited number of goods or services than it would cost to shut down the operation. What can the employer do? | Management can order a lockout to shut down operations to keep the union from working. |
| 5 boycott ways | 1. Ally Doctrine 1. Alter Ego Doctrine 3. Double Breasting 4. Secondary Boycott 5. Straight-Line Operations |
| Under the ally doctrine when an employer whose workers are on strike contacts a neutral employer and asks the neutral employer to produce the work that would normally be performed by the striking workers, what will happen to the neutral employer ? | The neutral employer becomes an ally of the struck employer and is therefore a legitimate target of a picket line. |
| Under alter ego doctrine, 4 four criteria that determine whether a single employer exists | 1. Interrelation of operations 2. Central control of labor relations 3. Common management 4. Common ownership |
| When these four criteria (interrelation of operations, central control of labor relations, common management, and common ownership) are present, what may the NLRB may determine about the employees of the alter ego employer? | When these four criteria are present, the NLRB may determine that employees of the alter ego employer are part of the bargaining unit. |
| Are secondary boycotts defined as ULPs? | Yes |
| Which act defined secondary boycotts as ULPs? | The Taft-Hartley Act. |
| In a straight-line operation, 2 business perform operations that complement each other's operations. If one business is struck, can the union strike the other business? | Yes, because they’re engaged in a single economic enterprise. |
| When does a strike occur? | A strike occurs when the union decides to stop working. |
| If a strike in support of a ULP committed by the union is a ULP, is the strike lawful or unlawful? | The strike is unlawful. |
| If a strike occurs in violation of a no-strike clause in a CBA, is the strike a protected or unprotected activity? | A strike that occurs in violation of a no-strike clause in a CBA isn’t a protected activity, and employees engaging in this type of activity may be terminated or disciplined. |
| What will cause a strike to be deemed unlawful? | 1. Strikers who engage in serious misconduct during a strike, including violence, threats of violence, physically blocking someone from entering or leaving the place of business, or attacking management personnel. 2. Work slowdowns are considered unlawful strikes and may result in disciplinary action, including termination. 3. A sit-down strike |
| Is a sit-down strike considered unlawful? | Yes. |
| When a strike in support of a hot-cargo clause, it it prohibited? | Yes |
| Can picketing be lawful? | Picketing |
| What is the difference between picketing and strike? | PICKETING: occurs to simply inform other parties about issues under dispute STRIKE: occurs when employees stop working. |
| 3 kinds of picketing | 1. Common Situs Picketing 2. Consumer Picketing 3. Hot-Cargo Pickets |
| In common situs picketing, what information does the union must state on their picket sign? | The picket signs clearly state the name of the business they’re striking |
| Is hot-cargo picket prohibited? | Yes. Because hot-cargo is unlawful. |
| 5 characteristics of an organization that are less vulnerable to unionization attempts | 1. An open, inclusive work environment 2. Clear communication about organization goals and successes 3. Consistent, equitable application of organization policies, procedures, and work rules 4. An established conflict-resolution or complaint process that provides an outlet for solving problems so that employees feel heard and appreciated 5. Disciplinary procedures that include an impartial, complete review of facts prior to taking action, particularly for termination decisions |
| Union Avoidance Strategies | 1. Nonunion Philosophy (SPHR) 2. Climate Assessments 3. Management Training |
| Under Climate Assessments, what can be done to avoid unionization? | Assessing the organizational climate through employee surveys, committees, and third-party facilitation can provide the information necessary to get in front of issues before they grow into large-scale morale problems. |
| Behavioral indications that a union may be attempting to organize. | - Increased interest in policies and benefits - Surge of complaints against managers - Unusual/excessive grouping of employees, such as in the parking lot - Excessive strangers or visitors on site with no clear purpose - Open talk about unions, or the use of union terms when discussing working conditions or policies |
| What is the ultimate measure of success in employee relations is the satisfaction level of employees? | The satisfaction level of employees. |
| 2 approaches to measure employee's satisfaction | 1. Business Impact Measures 2. Tactical Accountability Measures |
| WBusiness Impact Measures |
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