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Mizzou HSP_MGMT 1133 - Labor Issues Continued
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Hosp. Mgmt 113 1st Edition Lecture 35Outline of Last Lecture I. Wage and hour lawsII. Employment at will III. Unions Outline of Current Lecture IV. UnionsV. Illegal immigration/employmentVI. Sexual harassmentVII. Pregnancy discrimination Current Lecture:Labor issues impacting hospitalityUnions (continued from last lecture)Formation of unions- Procedures?- Formed through an election procedure- workers at the facility get to vote on whether or not they want to have a union there- Bargaining unit- group of employees that begin the union formation process; may involvemembers of more than one facility, or may involve only a part of a facility Certification elections- when 30% of the proposed bargaining unit signs a form saying that they want to have a union electionOnce the union is established, a collective bargaining arrangement will govern the parties’ relationshipWhat is covered in a collective bargaining agreement?These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Contract between the union and management- Has protections against being fired, stuff regarding working conditions, etcCan an employee be forced to join the union or pay dues? - Three types of unions:o Open shops- don’t have to join or pay dueso Union shops- Have to join and pay dueso Agency shops- have to pay dues but don’t have to join Does State have a right to work law?- Right to work law- state law that prevents employers from requiring employees to join the union as a condition of getting the job- About 25 states have right to work laws- in these states, unions are not very strong - States with right to work laws cannot be required to join or pay dues‘Worker Centers”- center that helps low wage employees learn about their rights and possibly help them investigate the feasibility of filing lawsuits against their employer for certain things; not a union because they don’t represent people who work for certain businesses, they help everyone who needs it (mostly low wage workers)Illegal immigration/employmentIRCA- Immigration Reform and Control Act- passed in 1980s- Requires employers within 3 days of hiring a new worker to confirm the identity of the worker and the authority to work - They do this by collecting an I-9 formo I-9 form- requires you to show certain things that prove your identity and authority to work in the U.S. Ex: Drivers license and social security card- You cannot employee someone who lacks this information E verify- an electronic system that is voluntary in most instances, but if you register for it you quickly gain access to a federal database, so you can quickly determine if someone has the legal authority to work in the U.S.- Not mandatory in all states yet Employment discrimination- key features of federal law-regulates all terms conditions and privileges of employment EEOC administers- Title 7- protects people against discrimination against race, color, religion, national origin, and sex; sexual orientation is not yet covered- ADA- American’s with Disabilities Act- protects those with disabilities- ADEA- Age Discrimination and Employment Act- protects people 40 and above against age discriminationBFOQ for hiring discrimination cases- Bona fide occupational qualification- allows for intentional hiring discrimination Appearance and dress codes and gender discrimination- Can a business have policies regarding things like hair length and wearing jewelry? Or guys can’t wear jewelry but women can? Women can show jewelry and piercings but notguys? Employee cannot show tattoos?- The law says this is allowed because appearance is a choice and the employment discrimination laws were designed to protect people against things that they cannot easily change (race, religion, skin color, etc)Sexual Harassment—definitions: UNWELCOME (1) Sexual advances or requests for sexual favors in exchange for Job benefits- Manager says to employee “if you sleep with me you’ll get a raise” OR “if you don’t sleepwith me I’ll fire you”UNWELCOME (2) Verbal or Physical conduct of a sexual nature that creates an intimidating, hostile or offensive work environment.- Someone repeatedly asking someone for a date; sending sexually suggestive e-mails; repeatedly making sexually suggestive comments towards someone, etcType 1: Quid pro Quo- phrase meaning “this for that”- When a manager is misusing their authority by saying “do this and you’ll get a reward” or “don’t do this and you’ll get punished”- Can be based on one single event when the manager misused their authorityType 2: Hostile environment- Pestering people for dates, telling dirty jokes, etc- Does not have to be based on a manager’s conduct, can be based on peers- Must be based on a pattern of conduct, not one single eventWhat laws regulate Sexual harassment? - Title 7- prohibits sexual harassment by employers- Individual tort actions could be filed for this alsoDoes P have to show economic loss? - Do they have to show that they were fired, or were demoted? No, this is not requiredDoes P have to show injury? - Do they have to show psychological/emotional harm? No this is not requiredWorkplace dating policies - Policies forbidding employees from dating are legal- Most common type- says that managers cannot date subordinates, because even if the relationship is consensual it puts out the impression of favoritism, etc - Can you get in legal trouble for dating a peer? Only if they do not want to date you and you perpetually ask them and bother them; it is not very realistic to ban co-workers fromdating each otherPregnancy discrimination- protected by title 7Examples: - Pregnant employee requests leaveo Do you have to grant the request? You must treat the pregnant employee the same way you treat any employee with a temporary disability, so yes you usually have to grant the request- Pregnant applicanto Business is not supposed to take pregnancy into account in a hiring decisiono Cannot ask employees during the interview if they are pregnant, or whether theyplan to start a family- Forced reassignment or leaveo Business can force the employee to take time off because they are pregnant Ex: flight attendant- some airlines say once they are 5 months pregnant they must take time off because there are legitimate medical reasons for them to not be working in


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Mizzou HSP_MGMT 1133 - Labor Issues Continued

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