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CDR Exam > III D Human resources (laws, unions, discipline) > Flashcards

III D Human resources (laws, unions, discipline) Flashcards

0
Q

what is unemployment compensation?

A

insurance against loss of income**; must be unemployed for a specific period of time, able and willing to work, unemployed through no fault of their own

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1
Q

2 STATE-run laws that govern employment/labor/etc.**

A

unemployment compensation & Workman’s compensation

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2
Q

who runs unemployment compensation?***

A

STATE

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3
Q

Workman’s compensation is covered by?***

A

STATE

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4
Q

what is Workman’s compensation?

A

insurance covering employers LIABILITY for the costs of any ACCIDENT incurred by an employee in connection with their job

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5
Q

Workman’s compensation - what should be done to prevent using this?

A

safe place to work, competent supervision, instructions

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6
Q

National Labor Relations Act is AKA**

A

Wagner Act

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7
Q

the National Labor Relations Act/Wagner Act does what?**

A

PRO-LABOR: guaranteed right to ORGANIZE and JOIN LABOR UNIONS

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8
Q

what did the National Labor Relations Act/Wagner Act create?**

A

National Labor Relations Board (NLRB)

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9
Q

what does the National Labor Relations Board (NLRB) do?**

A

listens to CLAIMS of “UNFAIR LABOR PRACTICE”

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10
Q

Taft Hartley Labor Act-Labor Management Relations Act - what did it do?**

A

PRO-MANAGEMENT: specified UNFAIR PRACTICES of the UNION

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11
Q

National Labor Relations Act/Wagner Act
VS.
Taft Hartley Labor Act- Labor Management Relations Act
**

A
  • National Labor Relations Act/Wagner Act = PRO-LABOR/UNIONS

- Taft Hartley Labor Act- Labor Management Relations Act = PRO-MANAGEMENT, specified unfair practices of the union

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12
Q

Landrum-Griffin, Labor Management Reporting and Disclosure Act

A

regulates internal union affairs, bill of rights for union members

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13
Q

Civil Rights Act- what does it do?***

A

prevents discrimination on basis of race, color, national origin; prohibits SEXUAL HARASSMENT

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14
Q

Civil Rights Act is overseen by whom?***

A

EEOC (Equal Employment Opportunity Commission)

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15
Q

what is the Equal Employment Opportunity Act?

A

prevents discrimination IN EMPLOYMENT based on race, color, religion, sex, national origin, political affiliation; also overseen by EEOC

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16
Q

Fair Labor Standards Act is AKA***

A

Minimum Wage or Wage Hour Law

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17
Q

Fair Labor Standards Act- what does it cover?**

A

1) MINIMUM WAGE
2) OVERTIME
3) EQUAL PAY (Equal Pay Act)
4) DONATED TIME, compensable
5) child labor

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18
Q

overtime - what has to be paid?

A

time and one-hald

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19
Q

amendment to the Fair Labor Standards Act?***

A

Equal Pay Act - no discrimination on basis of sex

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20
Q

what is donated (tolerated) time?**

A

compensable, must be paid (ex: if allowed, and a worker comes in 30 min before shift, must be paid)

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21
Q

what occupations are EXEMPT from minimum wage and overtime requirements?*****

A

1) executive
2) administrative
3) professional
4) outside salespersons

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22
Q

where is the minimum wage listed?

A

Bureau of Labor Standard

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23
Q

Age Discrimination in Employment Act

A

prevents discrimination due to age

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24
Q

Family and Medical Leave Act- what is it?**

A

up to 12 workweeks of UNPAID, JOB-PROTECTED leave during any 12 months (for birth or adoption, care for family member, medical leave)

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25
Q

Family and Medical Leave Act- when you return, what are you guaranteed?***

A

an EQUAL job, but NOT the SAME job!

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26
Q

Americans with Disabilities Act- what does it do?***

A

provide REASONABLE accommodations, FLASHING ALARM LIGHTS, ramps, lower shelves/phones, aisle and door measurements

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27
Q

Americans with Disabilities Act- aisle width?

A

36”

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28
Q

Americans with Disabilities Act- door width?

A

32”

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29
Q

HIPAA: Health Insurance Portability and Accountability Act- what is it?***

A

allows employees to TRANSFER COVERAGE of an EXISTING ILLNESS to a NEW employer’s insurance plan

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30
Q

Illegal Immigration Reform and Immigrant Responsibility Act

A

places limitations on persons who remain in the US longer than permitted by their visa and/or who violate their nonimmigrant status

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31
Q

job analysis***

A

studies ALL ASPECTS of a job; conducted FIRST to collect info for job description

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32
Q

job description***

A

reflects required SKILLS and RESPONSIBILITES

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33
Q

when is a job DESCRIPTION used?***

A

matches employees to job, orientation and training, employee appraisal

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34
Q

job specification***

A

duties involved, conditions, QUALIFICATIONS (education, experience)

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35
Q

when is a job SPECIFICATION used?***

A

HIRING, selection and placement of employees (NOT in training)

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36
Q

job specification- is it detailed?**

A

does NOT have detailed information on what to do or time involved

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37
Q

work schedule***

A

hour by hour, tasks and TIME; used in TRAINING

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38
Q

job breakdown***

A

what to do and how to do it, NO TIME LIMITS; used in TRAINING

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39
Q

job enlargement***

A

more similar tasks to alleviate boredom

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40
Q

job enrichment***

A

upgrades job by ADDING MOTIVATING FACTORS (remember: Maslow and Herzberg motivator)

41
Q

job description vs. specification**

A
  • description: skills/responsibilities; used in orientation and training, employee appraisal
  • specification: qualifications; used in hiring (NOT training), no detailed info for what to do or time involved
42
Q

work schedule vs. job breakdown

A
  • work schedule = hour by hour, TIME
  • job breakdown = what to do and how to do it, NO TIME LIMITS
  • *BOTH used in training!
43
Q

job enlargement vs. job enrichment***

A
  • enlargement = more similar tasks

- enrichment = ADDING motivating factors i.e. advanced training

44
Q

what is recruiting?

A

locating most qualified person for the job

45
Q

Fair Employment Practice Law***

A

makes it ILLEGAL to ask about RACE, RELIGION, SEX, NATIONAL ORIGIN, AGE, MARITAL STATUS; (think: can only ask things relevant to “can you do the job while you’re here?”)

46
Q

Fair Employment Practice Law- what 2 things can you ask in relation to age or origin?**

A

1) have you worked here under a different name?

2) are you of the legal working age? (but not specific # of age)

47
Q

structured (directed) interview***

A

uses CHECKLIST, gives SAME INFORMATION on all candidates, minimizes personal biases

48
Q

unstructured (non-directed) interview***

A

PARTICIPATION from application, no definite checklist, open-ended questions (“tell me about your last job”)

49
Q

unstructured (non-directed) interview used for what types of positions?***

A

sales, counseling, management

50
Q

what is a promotion? vs. transfer?

A
  • promotion = to a job with higher pay, status, performance needs
  • transfer = different job but same level, same pay/requirements
51
Q

benefits of a transfer?

A

placement of employees where need for services are greater or in jobs they prefer

52
Q

what is separation?**

A

voluntary or involuntary TERMINATION of an employee

53
Q

what is a salary? vs. wages?***

A
  • salary = MANAGERIAL and PROFESSIONAL personnel

- wages = HOURLY earnings of employees covered by Fair Labor Standards Act

54
Q

what are statutory benefits?**

A

payment REQUIRED BY LAW*** to ensure income in event of unemployment, injury, or death (ex: Workman’s comp)

55
Q

what are compensatory benefits? vs. supplementary benefits? vs. statutory benefits?***

A
  • compensatory = benefits or pay for time not worked
  • supplementary = life/health insurance
  • statutory = required by law for unemployment/injury/death
56
Q

what is unionization?

A

a means of collective bargaining

57
Q

union shop**

A

must join union AFTER being hired

58
Q

open shop***

A

can JOIN UNION OR NOT

59
Q

closed shop***

A

must be a member of a union BEFORE HIRE

60
Q

what types of shops are illegal in public (government) employment?***

A

union (must join after hire) & closed (must join before hire)

61
Q

agency shop***

A

all workers must pay AGENCY FEE, NOT REQUIRED to JOIN union

62
Q

FYI: in Qs dealing with unions….need to define the type of shop in order to answer the question; if they don’t define the type of shop, answer is NO –>

A

—>

63
Q

can unions force employees to join?

A

no- unless a legal union shop (shop in which employee must join after hire) exists

64
Q

can unions pressure employers to make employees join?

A

nope, also cannot discriminate against those who do not join

65
Q

can unions refuse to bargain collectively with an employer?

A

no

66
Q

can employers ask unions about their activities?

A

no! also cannot interfere with their formation or threaten employees

67
Q

can employers not hire a union member if he has filed charges against the company?

A

NO- cannot discriminate in hiring or tenure b/c of union activity or b/c they have filed charges

68
Q

can employers refuse to bargain?

A

NO- cannot interfere with right to bargain collectively

69
Q

can employees strike?

A

yes- for better working conditions

70
Q

if a union is not recognized by management, may an employee join?

A

yes! can join whether or not it is recognized

71
Q

can employees join together to bargain as a group or must they bargain individually?

A

can bargain as a group

72
Q

who is a union steward?***

A

EMPLOYEE who represents fellow employees as the union representative; DOES NOT GET EXTRA PAY for serving

73
Q

what is collective bargaining?

A

one person represents a group of people to bargain with the employer

74
Q

steps in order of collective bargaining**

A

BMA: bargain, mediate, arbitrate:

1) bargaining between steward and management
2) if that fails, mediation…neutral person used, decision NOT binding
3) if that fails, arbitration…have a hearing, decision usually BINDING and FINAL step in bargaining

75
Q

what is an injunction?

A

COURT ORDER to prevent someone from doing something

76
Q

before a change in policy can be made, how much of the union must be in favor of the change?

A

50% + 1

77
Q

how are grievances settled if non-unionized?**

A

INFORMALLY by employee and supervisor

78
Q

how are grievances settled if unionized?**

A

CONTRACT STATES A WRITTEN FORMAL grievance procedure

79
Q

what is disciplinary action?

A

steps taken to CORRECT UNDESIRABLE BEHAVIOR

80
Q

steps of disciplinary action in order***

A

1) oral warning
2) written warning
3) suspension
4) dismissal

81
Q

what is an oral warning? is it placed in the employee’s record?

A

discuss the nature of problem and corrective actions; yes placed, but only temporary in record

82
Q

what is a written warning? is it placed in the employee’s record?

A

repeat violation or as first action if warranted; permanent in employee record

83
Q

what is a suspension? is it placed in the employee’s record?

A

forced leave of absence without pay; permanent record

84
Q

what is the goal of discipline?*****

A

CORRECT behavior and SAVE the employee!

85
Q

what is the first step in discipline?**

A

ASSESS the problem or current problem –> will lead to the solution

86
Q

in regards to the employee, what do you need to do before you discipline?

A

be sure employee is AWARE OF SEVERITY of the problem and organization’s standards + if the employee was PROPERLY TRAINED

87
Q

where should corrective discipline be done?***

A

IN PRIVATE

88
Q

what should you compare employee performance to?***

A

DEPARTMENT STANDARDS, not to another employee

89
Q

how can you reprimand constructively?

A

show employee how to improve performance

90
Q

what is the best use of an employee evaluation?**

A

improve performance by providing FEEDBACK

91
Q

what are criteria in performance evaluations?

A

dimensions against which an employee’s behavior is measured

92
Q

merit rating (performance eval.)

A

scales with assigned point values

93
Q

checklist (performance eval.)

A

rater records performance, does not rate it (no #s, just yes or no)

94
Q

critical incident (performance eval.)

A

records incidents of + and - behavior

95
Q

self-assessment (performance eval.)

A

employee can become more involved and committed

96
Q

what are obstacles to effective appraisals?****

A

1) halo effect
2) leniency of error
3) error of central tendency

97
Q

obstacle to effective appraisal: halo effect***

A

judge on most noticeable POSITIVE TRAIT

98
Q

obstacle to effective appraisal: leniency of error***

A

RATE EVERYONE HIGHER than they deserve

99
Q

obstacle to effective appraisal: error of central tendency***

A

rate everyone as AVERAGE

100
Q

what is organizational culture?

A

shared philosophy, beliefs, expectations, and attitudes that hold an organization together

CDR Exam (34 decks)

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