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

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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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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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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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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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16Bargaining

Zone14

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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Why do organizations need both grievance and discipline procedures?

What is the purpose of each?

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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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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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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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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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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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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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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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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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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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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

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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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?

Copyright © 2012 by HRCP, L.C. Employee and Labor Relations PHR 20% - SPHR 14%

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