Section 5 — Workplace

One of the “softer” sections in my opinion. Relates more to mindsets and ways of thinking. No real definitions to study, it really just emphasizes the importance of diversity, inclusion and ethics. A good understanding of labor laws will help this section click better.

Outsourcing: The transfer of some work to organizations outside the employer’s payroll. The vendor may be across the street or across the country.

• Off-shoring: The transfer of some work to sources outside the United States.
• On-shoring (home-shoring): The relocation of business processes or production to a lower-cost location inside the same country as the business.
• Near-shoring: Contracting part of the business processes or production to an external company located in a country that is relatively close. For the United States, that could mean Mexico or Canada.

Organizational Approach to International Business

• Ethnocentric: Headquarters maintains tight control over international operations
• Polycentric: Each international operation is treated as a distinct national entity
• Regio-centric: Operations are managed regionally
• Geocentric: Organization is viewed as a single international business rather than a collection of individual headquarters-country and international operations

Unfair Labor Practice (ULP):

• The NLRA, or Wagner Act, prohibits employers from engaging in ULPs
• The LMRA, or Taft-Hartley Act, prohibits unions from engaging in ULPs

Collective Bargaining patterns:

• Pattern/Parallel bargaining: Union negotiates agreements similar to those existing in the industry or region. Referred to as whipsawing
• Coalition/Multiple employer bargaining: Multiple employers, negotiating with one union
• Coordinated Bargaining: One employer, negotiating with multiple unions

Weingarten Rights: A union employee has the right to have another employee present during certain investigatory interviews

• The person attending must be affiliated with the union that represents the employee, not an attorney or relative.

Types of Contract Negotiations:

• Positional negotiation
• People are locked in positions
• Parties lose sight of underlying problems
• Emphasis on winning
• Principled negotiation
• Separates people from problem
• Focus on interests, not positions
• Invent options for mutual gain
• Insist on objective criteria

Collective Bargaining Subjects:

• Mandatory Subjects: Subjects that directly impact — wages, hours or working conditions. These are subjects over which the parties must bargain if a proposal is made by either party. This does not mean that the parties have to reach agreement on such proposals, but rather that they have to engage in the process of bargaining in good faith over the subject.
• Overtime
• Seniority
• Vacation/holidays
• Illegal subjects (unlawful by statute): Subjects that cannot be legally bargained over by either party. They are subjects that would violate the law and cannot be entered legally into a collective bargaining agreement even if both parties agree to do so.
• Closed shops (a place of work where membership in a union is a condition for being hired and for continued employment)
• Discriminatory hiring
• Permissive subjects (voluntary): Subjects not directly related to the work. The list can be infinitely long. The parties may agree to bargain over these but are not required to by law and can refuse to discuss them without fear of an unfair labor practice charge. It would also be a violation to strike over a permissive subject.
• Benefits for retired union members
• Settlement for ULPs
• Neutrality agreements

Formal Grievance Procedure:

1. Immediate supervisor
2. Intermediate supervisor
3. Higher-level management
4. Third party