POM's Final Presentation

8/8/2019 POM's Final Presentation

1/17

THE LEGAL LIMITATIONS

TO SELF-DIRECTED WORK

TEAMS IN PRODUCTIONPLANNING AND CONTROL


2/17

GROUP MEMBERS

Jawairia Arshad

Faryal Gilani


3/17

PURPOSE

The purposes of this article are:

To examine the legal limitations of usingemployee teams in production planning andcontrol.

To provide a set of guidelines productionmanagers can use in implementing employeeteams.


4/17

BACKGROUND

Dumond concluded that the use of employeeteams is a key component to TQM success. All

successful companies in his study reportedusing functional employee teams.

Tatikonda and Tatikonda further concluded:

Flat organizations, empowerment, cross-disciplinary and cross departmental efforts areessential for TQM success


5/17

BACKGROUND

Teams can range from a quality circle on oneend to a self-directed work group on the otherhand.

Quality circle:

Small group of people

Meet frequently

Uncovering and solving problems

Concerning quality, process capability, andprocess control


6/17


7/17

EMPLOYEE TEAMS AND CASE LAW

Whether an employee participation programwould violate the NLRA would depend on:

Would the team be considered a labororganization under Section 2(5) of the Act

If so, does the employer dominate that labororganization according to Section 8(a)(2)


8/17

IS THE TEAM A LABOR

ORGANIZATION?

According to NLRB, there are four criteria:

1. Employees participation

2. The organization purports to representothers

3. Purpose of the organization4. Concerns of the organization


9/17

EMPLOYEES PARTICIPATION

Under NLRA:

Supervisors are excluded from being an

employee [Section 2(11)] It is possible that all members of a team are

treated as supervisors

If this is the case, section 2(5) will not even

apply Managerial employees are also excluded

from being employees [Section 2(11)]


10/17

THE ORGANIZATION PURPORTS

TO REPRESENT OTHERS

A TQM team is considered a labororganization if it represents other

employees.

If all of a companys employees are

organized into teams, the team will notconstitute a labor organization under theAct.


11/17

PURPOSE OF THE ORGANIZATION

The purpose of the organization is to deal withemployers.

In NLRB dealing with means if a group ofemployees discusses things with the employer,then the dealing with requirement is likely to besatisfied.

Oneexception:If the team has the authority toresolve employment-related problems on its own,the dealing with element is likely to be absent.


12/17

PURPOSE OF THE ORGANIZATION

Is the team able to take action withinformation provided to management, or is

the team required to ask permission to takethe action?

If the former is true, the team is not to be alabor organization.


13/17

CONCERNS OF THE

ORGANIZATION

If the team deals with matters other thanworking conditions that are:

Wages Grievances

hours of employment etc.

Then, it is not a labor organization.


14/17

DID THE EMPLOYER DOMINATE,

INTERFERE WITH, OR SUPPORT THE

TEAM?

YES- violation of the section 8(a)(2) of the Act.

NO- no violation of section 8(a)(2) of the Act.


15/17

OBSERVATIONS AND

CONCLUSIONS

Firstly,

If the purpose of using teams is to solveproblems, then it is legal

If the purpose is to dissuade formation of aunion, then it is illegal.

Secondly,

Empowerment means empowerment that is:

The team has the responsibility to make the

changes by its own actions.Management must not hold veto power over

those actions, but team may keep managementinformed.


16/17

OBSERVATIONS AND

CONCLUSIONS

Finally, limit the scope of the team'sresponsibility to accepting the current

working conditions.

Managers must be aware that the law is

constantly evolving because the Board orCourt will not interpret or apply the sameway every time.


17/17

QUESTIONS

POM's Final Presentation

Documents

Transcript of POM's Final Presentation