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Transcript of Module 5: Employee and Labor Relations - c.ymcdn.com/sites/ in Employee and Labor Relations Wagner...

  • Module 5: Employee and Labor Relations

    22% PHR (49 questions) 18% SPHR (41 questions)

    5-1 SHRM

  • Milestones in Employee and Labor Relations

    Wagner Act (NLRA)and founding of NLRB

    andSocial Security Act

    1935Clayton Act

    1914Norris-

    LaGuardia Act1932

    Landrum-GriffinAct (Labor-Management

    Reporting and Disclosure Act)1959Taft-

    Hartley Act1947

    Unionmembership peaks

    1950s

    Sherman Anti-Trust Act

    1890

    AFL founded1886

    Knights ofLabor organized

    1869

    RailwayLabor Act

    1926

    NationalIndustrial

    Recovery Act1933

    Industrialrevolution

    SHRM1948

    5-2 SHRM

  • Why People Join Unions

    5-3 SHRM

  • Recent Union Trends

    5-4 SHRM

  • National Labor Relations Act (Wagner Act)

    Key act that applies to all workers, not just union workers.

    Allows workers to: Organize themselves. Form, join, or assist labor organizations. Bargain collectively. Engage in concerted activity for the purpose of mutual

    aid and protection.

    5-5 SHRM

  • Employee Relations and EEO Laws

    EEO laws prohibit employment discrimination. Laws provide protection that some employees

    once looked to unions to provide. The EEOC is responsible for handling

    complaints related to discrimination. As a general rule, complaint charges must be

    filed within 180 days of the alleged discrimination.

    EEOC may ask an employer to initiate mediation before it investigates a complaint.

    5-6 SHRM

  • EEOC Complaint Process

    5-7 SHRM

  • The Litigation Process

    Notification of counsel after delivery of complaint Answering the complaint Scheduling conferences Discovery process Summary judgment Pretrial and trial

    5-8 SHRM

  • Common Law

    Based on court decisions rather than statutory law.

    Employment-at-will (EAW) is one of the most important common-law doctrines. Employers have the right at any time, with or without

    prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary.

    Employees may quit at any time for any reason, with or without prior notice.

    5-9 SHRM

  • Exceptions to EAW

    5-10 SHRM

  • Common-Law Tort Claims

    Tort law protects a persons: Physical safety and well-being. Enjoyment of their property. Financial resources. Reputation.

    Tort claims arise when these rights are affected.

    5-11 SHRM

  • Negligent Hiring/Retention

    Claims can be prevented by conducting background and reference checks on applicants.

    5-12 SHRM

  • Defamation

    Injuring someones reputation by making a false and malicious statement.

    Statement may be spoken (slander) or written (libel).

    Statement must be shown to be: False and malicious. Harmful to an employees reputation. Made without a legitimate business reason.

    5-13 SHRM

  • An employer is usually protected against charges of defamation in a reference- checking situation if the employerA. shows remorse for harming the employees

    reputation.B. provides honest and accurate references about

    former employees. C. makes verbal comments but does not put them in

    writing. D. tries to verify the accuracy of information.

    Answer: B5-14 SHRM

  • Fraudulent Misrepresentation

    5-15 SHRM

  • Other Common-Law Tort Claims

    5-16 SHRM

  • Common-Law Contract Issues

    Contract definition: Agreement between two or

    more persons to do or not do something in exchange for something of value.

    Contract law provides remedies if the contract is breached.

    Contracts can be written or oral.

    5-17 SHRM

  • Agreements Enforced by Law

    5-18 SHRM

  • Global Employee and Labor Relations

    Laws that govern international employee and labor relations include:

    5-19 SHRM

  • Positive Characteristics of Union- Free Organizations

    5-20 SHRM

  • Feedback and Communication in Union-Free Organizations

    Attitude (climate) surveys

    HR/labor relations reviews

    Skip-level interviews Open-door meetings Department

    meetings

    Employee committees Electronic

    communications Problem-solving

    procedures Counseling

    5-21 SHRM

  • Total Rewards in a Union- Free Environment

    Provide information on: Compensation and

    salary data. Market comparisons. Salary grades. How raises are

    awarded. Cost of health care.

    Develop: Performance appraisal

    systems. Rewards and

    recognition programs.

    5-22 SHRM

  • Labor/Management Cooperative Strategies

    5-23 SHRM

  • Employee Involvement (EI)

    Links the shared interests of the employee and the company for mutual benefit.

    Gives employees the freedom and responsibility to make job-related decisions.

    Also known as participative management or empowerment.

    HR communicates company goals, develops and maintains EI programs, and helps build trust in employees.

    5-24 SHRM

  • EI Strategies: Job Design

    Efficiency Division of labor Standardization Specialization

    Employee satisfaction Skill variety Task identity Task significance Autonomy Feedback Job enlargement, rotation,

    and enrichment

    Aims at balance between:

    5-25 SHRM

  • The degree to which an employee completes an assignment with a tangible outcome is an example of

    A. skill variety.B. task significance.C. task identity.D. autonomy.

    Answer: C

    5-26 SHRM

  • EI Strategies: Alternate Work Schedules

    Tele-commuting

    Phasedretirement

    Jobsharing

    Regular part-time

    Compressedworkweeks

    Flextime

    Schedules

    5-27 SHRM

  • EI Strategies: Workplace Teams

    Workteams

    Task forces

    Self-directedteams

    Project teams

    Committees

    Teams

    Teams are accountable for specific objectives and performance goals.

    Teams and job design combine to increase productivity and job satisfaction.

    5-28 SHRM

  • Employee Surveys

    Attitude SurveysMeasure job satisfaction

    Opinion SurveysMeasure data onspecific issues

    Value of surveys is in measuring improvements over regular time periods.

    Employees should be guaranteed anonymity and given feedback on results.

    5-29 SHRM

  • Employee Focus Groups

    Small group participating in a structured discussion with a facilitator.

    Provide qualitative data on specific issues.

    Can be used in conjunction with or independent of a survey.

    Provide in-depth feedback on specific issues.

    5-30 SHRM

  • Common Errors in Interpreting Data

    Manipulatedresults

    Analysisparalysis

    Analysis errors

    Graphicalmisrepresentation

    Rush to conclusions

    Errors

    5-31 SHRM

  • Policies, Procedures, and Work Rules

    Policy Broad statement that reflects philosophy, objectives, or standards; general in nature.

    Procedure Detailed, step-by-step descriptions; specify what, when, where, and who.

    Work rule Reflects management decisions regarding specific actions to be taken or avoided in a given situation.

    5-32 SHRM

  • Guidelines for Employee Handbooks

    Keep it simple and current. Distinguish between company-wide policies and

    job specifics. Accommodate multilingual requirements. Obtain evidence of receipt. Create an appealing, well-written book.

    Improperly drafted handbooks can create an employment-at-will exception.

    5-33 SHRM

  • Behavior Issues

    Absenteeism: Time lost when employees do not come to work as

    scheduled

    Tardiness: Time lost when employees report to work late

    When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by FMLA, USERRA, or state law.

    5-34 SHRM

  • Preventive Measures to Avoid Disciplinary Action

    5-35 SHRM

  • Sequence of Disciplinary Action

    5.Discharge

    4. Finalwritten warning

    3. First written warning

    2. Oral warning

    1. Problem solving and open dialogue

    Document all steps even the oral steps.

    5-36 SHRM

  • An employee is accused of a violation of a dischargeable work rule. The HR manager shouldA. Confront the employee and have an open

    dialogue.B. Give an oral warning.C. Place the employee on administrative leave and

    conduct an investigation.D. Terminate on the spot.

    Answer: C5-37 SHRM

  • ADR Options

    Open-door policy (preventive) Ombudsperson (increases management

    access but not empowered to settle) Peer review (may recommend changes to

    company policy; often limited to suspensions and discharges)

    Mediation (nonbinding) Arbitration (binding or nonbinding)

    5-38 SHRM

  • Sherman Anti-Trust and Clayton Acts

    Primarily directed at monopolistic employers. Resulted in injunctions issued against union

    activities.

    Clayton Act

    Clarified and supplemented the Sherman Anti- Trust Act.

    Minimally restricted injunctions against labor.

    Legalized peaceful strikes, picketing, and boycotts.

    5-39 SHRM

    Sherman Anti-Trust Act

  • Railway Labor Act

    Passed to reduce labor conflict and the possibility of transportation strikes. Gave railroad employees the right to organize

    and bargain collectively through representatives of their own choosing.

    Covers both railroad and airline employees today.

    5-40 SHRM

  • Norr