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The system of rules and regulations that labor and management fashion to define their specific employment rights and obligations in the workplace |
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Seniority based procedure for the order of layoff and recall to keep the most experienced employees |
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-A set of rules and procedures within an agreement that determine the allocation of certain job situations including promotion, layoff and recall, as well as certain economic benefits based on length of service. |
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A company list used to identify employees in a bargaining unit according to their length of continuous employment. |
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A procedure commonly used during layoffs, in which employees with greater seniority whose jobs are eliminated displace employees with lesser seniority. Bumping is more often used in companies with plant wide seniority in unskilled jobs. |
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- the special seniority rights granted to union officers and committee personnel that override seniority during layoffs and recall situations in order to maintain active union representation within the company. |
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the process of a company posting notices of new job positions to give permanenet employees the opportunity to apply. Bids are based on plant seniority and competency and fall into 3 categories. 1 up bid; to bid from a lower to a higher pay grade 2 down bid from a higher to a lower pay grade 3 lateral bid; a bid from one classification to another classification in the same pay grade. |
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Lay off and recall rights |
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contract provisions that specify how seniority ability, and other factors will be used to determine the order of employee temporary job lay offs and job recalls. |
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Surpreme court upheld a CBA seniority system even through the layoffs adversely blacks hired under a court order to remedy past discrimination |
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commonly known as the Plant Closing Act, Warn became effective in 1989 and generally requires employers to provide 60 days of advance written notice to employees and communities of either a plant closing or mass layoffs. |
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Surviving Group Principle |
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acquired company to the bottom of the acquiring company. |
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Length of service principle |
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two seniority lists are combined and length of service is considered regardless of with which company the employees formerly worked. |
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Follow the work principle |
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Seniority lists maintain previously earned seniority on separate seniority lists when their work with the merged company can be separately identified |
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seniority list maintains employees ranking position from prior seniority list on merged list |
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employees in the two groups to be merged. |
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Subcontracting outsourcing and relocating |
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• The arrangement by an employer to have another firm make goods or perform work that could be accomplished by the employees usually because the subcontracted work can be done more efficiently or for less cost |
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Provision that prohibits outsourcing bargaining unit work while any union members is in lay off status. |
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employee involvement that creates an environment in which people have |
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the status of the collective bargaining relationship between an employer and the union when a change in the ownership of the organization or a change in a union occurs. |
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Three factors that must be present for successorship doctrine to apply to the purchaser of a business employing union members. |
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1 Substantial continuity- the successor substantially continues the business operations of the predecessor. Factors considered include the purchase of real property, equipment and inventory, employing workers on essentially the same jobs; employing the same supervisors and continuing the predecessors product line. In general not all factors must be present for substantial continuity. 2 Appropriate bargaining unit- the bargaining units of employees must remain appropriate after change of employers. Job duties and operation structure are critical in this determination. Significant change in the nature of jobs performed or in the means of operation may mean the unit is no longer appropriate. 3 Predecessor Workers- The new employer hires a majority of its employees from the predecessor. |
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Common types of drug testing used by employers |
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• Pre employment testing , reasonable suspicion testing , routine fitness for duty testing, post accident testing, random testing, follo-up to rehabilitation • In general drug testing follows these steps. • Letter, Urine or hair sample, test results are reported to the MRA. If the result is positive then another test is completed. Results are then reported to the employer. |
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Neogitations issues regarding the probable case testing process and the use of test results. |
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1 valid testing procedure 2 on the job imparement 3 refusal to be tested 4 supervisor training (349-350) |
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Mccall recommends that such provisions include the following |
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• Description of acceptable use of social media tracking technology • Notice to workers warning of them of such tracking • Union acess to information obtained through tracking • The inclusion of an on-off switch on the tracking technology to protect workers who take home equipment and are allowed to use it for personal business. |
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