copyright © 2012 by hrcp, l.c. employee and labor relations phr 20% - sphr 14%
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Employee and Employee and Labor RelationsLabor Relations
PHR 20% - SPHR 14%PHR 20% - SPHR 14%
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Employee Relations
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Early Labor Movement
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Anti-union Weapons
Conspiracy Doctrine
Court Injunctions
Yellow-Dog Contracts
Antitrust Statutes
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Federal Anti-Injunction Act
(Norris-LaGuardia)
Encouraged formation of labor unions
Neutralized power between employee & employers
Limited courts power to intervene
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Threats to Collective Bargaining
Industrial Espionage
Attacks on Union Leaders
Stikebreaking
Company Unions
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National Labor Relations Act
(Wagner Act)
Employee rights
Unfair labor practices
NLRB
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Labor Management Relations Act
(Taft-Hartley)
Unfair labor practices by unions
Rights of employees as individuals
Rights of employers
National emergency strikes
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Labor Management Reporting & Disclosure Act (Landrum-Griffin)
A bill of rights for union members
Reports to the Secretary of Labor
Union trusteeships
Conduct of union elections
Financial safeguards
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UnionRepresentationof Employees
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Union Organizations
1. local union
2. national or international union
3. federation of unions
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AFL-CIO
Represents approximately 12.2
million workers
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Change to Win
Left AFL-CIO because of dissatisfaction with the union.
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National Labor Relations Board
To protect the rights of employees, employers, unions, and the general public.
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Organizing a Union
What is the procedure for organizing a union?
What is the procedure for decertification?
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Union Security
Closed shop
Union shop
Agency shop
Maintenance of membership
Dues check-off
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Discussion Question:
The "right-to-work" issue resulting from section 14(b) of the Taft-Hartley Act has created an ongoing debate. What are the arguments for and against the "right-to-work" clause?
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Employer UnfairLabor Practices
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Processing Unfair Labor Practices
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Unfair Labor Practices
Many of the unfair labor practice charges submitted to the NLRB arise from improper campaign activities.
What are some examples of unfair labor practices?
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Unlawful Support of Labor Unions
What would be considered comprise unlawful support of a labor organization?
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Union Unfair LaborPractices, Strikes,
and Boycotts
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Discussion Question:
What restrictions are placed on unions and why is there a need to restrict the activities of labor unions?
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Good-faith Bargaining
Both parties required to engage in good-faith bargaining, or they will be guilty of an unfair labor practice.
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Strike
When a group of employees refuse to work, exerting
strong economic pressure against the company.
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Discussion Question:
What are the issues that ought to be considered by each side before a strike or lockout is declared?
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Strike Preparation
What should an employer do to prepare for a strike?
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CollectiveBargaining
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Collective Bargaining
Collective bargaining consists of management and union representatives coming together to reach an agreement that will be acceptable to their constituents.
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Bargaining Issues & Concepts
Taft-Hartley Act requires that union and management negotiate on “wages, hours and other terms and conditions of employment.”
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The LaborAgreement
Includes major bargaining issues.
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Bargaining Structures
Most labor agreements have been negotiated between a single union and a single employer.
What are the four kinds of bargaining structures?
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Bargaining Process
1. Opening presentation of demands
2. Analyzing the demands
3. Compromise
4. Informal settlement and ratification
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Discussion Question:
Collective bargaining is almost always a distributive bargaining strategy. Is it possible for an integrative bargaining strategy to be used?
What conditions would have to exist, and what would be the probable long-term effect?
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22
20
18
16Bargaining
Zone14
12
10
8
6
Pay Increase
ER tolerance limit
Acceptable to ER
Preferred by ER
Preferred by union
Acceptable to union
Union tolerance limit
Employer Union
Bargaining Zone
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Negotiation Skills
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Concession Bargaining
Example:
Chrysler Corporation
in 1980
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Good Faith Requirements
Both parties are required to have open minds and a sincere desire to reach an agreement.
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National Emergency Strikes
The president of the US can apply for an injunction to restrain a strike when the strike imperils national health & safety
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MaintainingNonunion Status
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Why People Join Unions
For most workers, the decision to join a union rests on two primary issues:
1. Economic advantages
2. The elimination of unfair conditions
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Why People Don’t Join Unions
Professionals join a professional association rather than a trade union.
Disagree with goals and activities unions
Some identify with management
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Maintaining Nonunion Status
The two most effective strategies for maintaining nonunion status:
1. To improve workers’ attitudes toward employer.
2. Decrease their interest in the union.
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Grievance Systems
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Grievance Systems
Grievance procedures are needed to protect employees from inconsistent and unfair treatment.
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Discussion Question:
Why do organizations need both grievance and discipline procedures?
What is the purpose of each?
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Discussion Question:
What are the typical grievance procedures found in union and nonunion companies?
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Union Representatives Company Representatives
Chief plant steward
Union steward & employee
Arbitration
Plant mgr & industrial relations mgr
Supervisor
Step 3
Step 2
Step 1
Grievance Process for Small Company
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Union Representatives Company Representatives
International union rep
Step 1
Step 2
Step 3
Step 4
Step 5
Plant grievance committee
Business agent
Union steward & EE
Arbitration
Corporate officers
Industrial relations mgr
Superintendent
Supervisor
Grievance Process for Large Company
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Discussion Question:
Why do nonunion grievance procedures tend to be inferior to union grievance procedures?
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Effective Grievance Procedures
Protection against retaliation
Provide timely responses
Give fair consideration
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Arbitration
Having a labor dispute resolved by an
impartial third party.
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Discussion Question:
What can be done to make arbitration less costly and time consuming?
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Alternative Dispute Resolution
negotiation
mediation
binding arbitration
rent-a-judge services
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Items for Arbitration
What issues are most frequently referred to arbitration?
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Employee DisciplineSystems
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Employee Discipline Systems
The overall objective of disciplinary action is to remedy a problem and to help employees achieve success in their work.
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Discussion Question:
What are the differences between the positive and negative approaches to discipline?
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Negative Approach Positive Approach
Motive for discipline:
Retribution—punishment for errors
To correct behavior and eliminate further errors
Emotional tone of meeting:
Anger, loss of temper, irrational punishment or threats
Calm explanation of the error and why it is unacceptable
Desired result of discipline:
Severely punish or terminate offender, serve as example & create fear in others, serve as a deterrent to others
Rehabilitate problem employees & turn them into productive employees
Probable consequences:
Employee will achieve only minimum acceptable performance
Those who respond will become good employees; those who do not respond will be terminated
Positive & Negative Approaches to Discipline
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Discussion Question:
What is a progressive discipline procedure?
Why is such a procedure called progressive?
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Administrative Justice
Due Process
Just Cause
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Effective Discipline Systems
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Weingarten Rights
The right of employees to have union representation at investigatory interviews.
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IndividualEmployment Rights
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Employee Handbooks
Describes important aspects of the employment relationship.
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Employment-At-Will Doctrine
Employer and the employee have mutual right to terminate the employment relationship.
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Implied Contract
Employers are prevented from firing employees if they have an implied contract for employment.
What is an implied contract?
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Retaliatory Discharge
When employers terminate employee in retaliation for actions that were legal, but contrary to the interests of the employer, such as filing a workers’ compensation claim.
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Constructive Discharge
Employer creates unpleasant working conditions so
employee will quit.
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Common Law Tort Theories
What injurious actions does common law protect against?
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Defamation
Slanderous or libelous statements.
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Noncompete Agreements
A restrictive covenant designed to protect a
business’ interests.
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Workforce BehaviorProblems
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Workforce Behavior
Problems
The nature and cause of each wrongdoing should precede
any disciplinary action.
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Discussion Question:
What are the advantages and disadvantages of developing a detailed list of rules regarding employee misconduct?
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Absenteeism & Turnover
How is absenteeism measured?
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Discussion Question:
When measuring absenteeism and turnover, why is it useful to distinguish between voluntary and involuntary causes?
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Drug & Alcohol Use
Some of the most serious personal problems for employees involve alcoholism and drug abuse.
How should employers deal with these problems?
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Sexual Harassment
What factors should be included in an employer’s sexual
harassment policy?
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Organizational Exit
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Terminations
Involuntary terminations typically occur as a result of employment problems.
Employers must ensure that all involuntary terminations occur for job-related reasons.
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Termination Interviews
Employers should reduce the trauma of terminations.
Being fired is one of the most traumatic and stressful experiences of life.
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Layoffs
Layoffs occur when employers need to eliminate positions in order to maintain profitability
Layoffs decisions typically based on seniority, performance, or skill needs.
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Downsizing
What is HR’s responsibilities during layoffs?
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Workers Adjustment & Retraining Notification Act
What are the provisions of the Workers Adjustment and Retraining Notification Act (WARN) 1988?
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Public SectorLabor Relations
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Civil Service Reform Act
Provide federal employees with many of the same collective bargaining protections
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Federal Labor Relations Council
What is the role of the Federal Labor Relations Council?
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Discussion Question:
Should public employees be allowed to strike?
How should labor disputes in the public sector be resolved?
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Employee InvolvementStrategies
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Employee Involvement Strategies
Provides opportunities for employees to participate in the organization as managers or owners.
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Self-directed Work Teams
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Quality Circles
What are quality circles and what are the three major benefits of using them?
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Job Characteristics Model
Job enrichment consists of modifying the job to increase what variables?
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Employee Ownership
Employee ownership today takes two major forms.
1. Employee Stock Ownership Plan (ESOP)
2. Employee Stock Ownership Trust (ESOT)
How do ESOPs and ESOTs function?
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Participative Management
Allows employees to be more involved.
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Alternative Work Schedule
FlextimeCompressed work weeksRegular part-timeJob sharingPhased retirementHome-based work or telecommuting
What are the pros and cons of each alternative work schedule?
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Discussion Question:
Which jobs are particularly well suited for flex-time, permanent part-time, job sharing, compressed workweek, and telecommuting?
What are some jobs that are poorly suited to each of these alternative patterns of work?
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Employee Attitudesand Satisfaction
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Job Satisfaction Theory
What four theories have been used to explain whether individuals will feel satisfied or
dissatisfied in a particular situation?
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Discussion Question:
Where would you expect to find a positive relationship between satisfaction and productivity?
Where would you expect to find a negative relationship?
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Measuring Job Satisfaction
The best ways to measure satisfaction are either to interview employees or ask them to
complete a questionnaire.
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Me at Work—How I Feel Most of the Time
Appreciated 1 2 3 4 5 6 7 Unappreciated
Efficient 1 2 3 4 5 6 7 Inefficient
Penalized 1 2 3 4 5 6 7 Rewarded
Satisfied 1 2 3 4 5 6 7 Dissatisfied
Unproductive 1 2 3 4 5 6 7 Productive
Encouraged 1 2 3 4 5 6 7 Discouraged
Ineffective 1 2 3 4 5 6 7 Effective
Valuable 1 2 3 4 5 6 7 Worthless
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Semantic Differential Scales
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Likert Scales Strongly Disagree
Strongly Agree
1. Considering everything about the company, I am very well satisfied with it.
1 2 3 4 5
2. Top management is not very interested in the feelings of employees.
1 2 3 4 5
3. This company is a better place to work than most other companies
1 2 3 4 5
4. My job is a real drag; I hate coming to work. 1 2 3 4 5
Likert Scales
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Feedback
Most effective way to use job-attitude information is to provide a summary report back to members of the organization so they may analyze, interpret,
and use it for designing corrective actions.
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Intervention
What determines the success of a survey feedback intervention?
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Employee Engagement
Employees’ commitment to their job.
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International LaborRelations
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Discussion Question:
What is the significance of the North American Free Trade Agreement’s side agreement regarding labor?
How much clout does this side agreement really hold relative to U.S. labor laws?
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European Union
The charter of the European Union guarantees many of the same rights to workers as NAFTA, but with several additions.
What are these additions?