Module 5 Employee and Labor Relations

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Transcript of Module 5 Employee and Labor Relations

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Module 5: Employee andLabor Relations

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Why People Join Unions

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National Labor Relations Act(Waner 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.

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"ommon#La$ "ontract %ssues

• 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 ororal.

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Areements En&orced by La$

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Positi'e "haracteristics o&Union# ree )rani*ations

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eedbac+ and "ommunicationin Union#ree )rani*ations

• Attitude (climate)

surveys

• HR/labor relations

reviews

• Skip-level interviews

• Open-door meetings

• Departmentmeetings

• Employee committees

• Electronic

communications

• Problem-solving

procedures

• Counseling

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,otal Re$ards in a Union#ree En'ironment

• Provide information

on:

 – Compensation and

salary data. – Market comparisons.

 – Salary grades.

 – How raises are

awarded. – Cost of health care.

• Develop:

 – Performance appraisal

systems.

 – Rewards andrecognition programs.

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Labor-Manaement"ooperati'e .trateies

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Employee %n'ol'ement (E%!

• 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 andmaintains EI programs, and helps build trust in

employees.

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E% .trateies:Job /esin

• 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:

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E% .trateies:Alternate Wor+ .chedules

Tele-

commuting

Phased

retirement

Job

sharing

Regular

part-time

Compressed

workweeks

Flextime

Schedules

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E% .trateies:Wor+place ,eams

Work teams

Task

forces

Self-directed

teams

Projectteams

Committees

Teams

Teams are accountable

for specific objectives

and performance goals.

Teams and job design

combine to increase

productivity and job

satisfaction.

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Employee .ur'eys

Attitude SurveysMeasure job

satisfaction

Opinion SurveysMeasure data on

specific issues

Value of surveys is in measuring improvements over

regular time periods.

Employees should be guaranteed anonymity and

given feedback on results.

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Employee ocus 0roups

• 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.

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Policies1 Procedures1and Wor+ 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.

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0uidelines &or Employee2andboo+s

• 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.

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3eha'ior %ssues

• 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 FM!, "#$%%!, or state law.

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Pre'enti'e Measures to A'oid/isciplinary Action

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.e4uence o& /isciplinary Action

5.Discharge

4. Final

written warning

3. First written warning

2. Oral warning

1. Problem solving and open dialogue

Document all steps—

even the oral steps.

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A/R )ptions

• 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)

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)ther Union ULPs

• Forcing unlawful

discrimination by

the employer

•Excessive ordiscriminatory

membership fees

• Refusal to bargain

• Featherbedding

! union cannot force an employer

to commit an act in violation of

contract provisions.

Fees must be appropriately based

on industry wages and practices.

&he union must bargain in good

faith.

&he union cannot re'uire more

workers than necessary.

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"ollecti'e 3arainin Process

.P2R only

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"ontract Neotiations

• Win-lose negotiation

 – Positional

 – Distributive

• Win-win negotiation

 – Principled

 – Integrative

 – Interest-based

(ood-faith bargaining re'uires that both parties

enter into discussion with fair and open minds anda desire to reach an agreement.

.P2R only

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ormal 0rie'ance Procedure

.P2R only

4.Third

party

3.

Higher-level

management

2.

Intermediate supervisor

1.

 Immediate supervisor

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Arbitration

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.P2R only

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,he Arbitration Process

#ummation

)resentationof evidence

!ward

*pening

statements

&he arbitrator presents the decision in

written format and signs it.

+oth parties identify issues, state what is to

be proved, and specify relief sought.

)arties present evidence and essentialdocuments to prove their cases.

+oth sides have e'ual time for closing

arguments.

5-28© SHRM

.P2R only

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Arbitration

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.P2R only

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Loc+outs and .tri+es

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.tri+e "ateories

Sympathy

JurisdictionalWildcat

(unprotected)

ULP

Economic

Strikes

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THANK YOU

© SHRM 5-32