3 - Organization: EE & Labor Relations (From Study Group) Flashcards
Acceptance
Organizations accept unionization for various reasons.
Adaptation
When a workplace is already unionized, the employer defines the nature of the relationship as confrontational or collaborative.
Agency Complaints and Litigation
- Disputes that cannot be or are not resolved internally may be referred to government agencies or courts.
- HR professionals should be aware of:
- Orientation of agencies and courts toward employers.
- Specific role HR plays in complaints and litigation (e.g., active or passive—representing employer or providing evidence).
Arbitration
Sides tender dispute to a third-party judge and abide by the decision.
Avoidance
Employers remove the appeal of unions by addressing the major reasons why employees join them.
Chosen Officer
Employee selects arbitrator from designated group.
Collective Bargaining
Communicating the ER Strategy
- Workplace policies
- Broad statements that reflect the employer’s ER strategy.
- Provide a basis for HRM practices.
- Employee Handbooks
- Handbooks should reflect the organization’s vision and values and be legally compliant.
- Manager and supervisor involvement
- Must understand how ER strategy aligns with management practices.
- Should be able to fulfill the ER strategy in daily work
Conducting Investigations
- Ensure confidentiality.
- Provide protection.
- Select investigator.
- Create plan.
- Develop interview questions.
- Conduct interviews.
- Make a decision.
- Close the investigation.
- Develop written summary of investigation results.
Constructive Discipline
A form of corrective discipline that proceeds in steps as needed
- Problem solving - joint and open dialogue
- First Formal Warning - private, oral or written
- Second Warning - feature of some systems
- Final Warning - written, employee documents understanding
- Discharge
Contract Negotiations
- Goal is to arrive at a workable contract acceptable to both sides.
- Outside third-party dispute mechanisms may be used (or may be mandatory) if parties cannot agree.
- Mediation (conciliation): nonbinding dispute resolution intended to help disputing parties reach decision.
- Arbitration: negotiated procedure in which both parties agree to abide by arbitrator’s decision.
HR may not be directly involved in negotiations, but they can play a valuable role in improving the quality of the contract based on their experience and knowledge of metrics.
Disciplining Employees
- Produce persuasive evidence of employee’s culpability or negligence.
- Give employee fair opportunity to present his or her side of story.
- Determine penalty appropriate for given offense.
- Impose discipline that is consistent with treatment others have received for similar infractions.
- Incorporate HR review of all material/serious disciplinary actions.
Dispute Resolution
- Listen
- Manage own emotions.
- Agree on goals.
- Focus on issues and facts rather than personalities.
- Consider all perspectives
- Engage in problem solving and explore alternative solutions together.
- Reach agreement on next steps
Employee Relationship (ER) Strategy
- Alignment with organizational strategy
- Alignment with employment laws and practices
- Vision describing the workplace culture
- Values underpinning the strategy
- Strategic goals
- Strategic initiatives
Employee/Union Unfair Labor Practices
(ULPs)
- Conspiring with employers to discriminate against employees
- Interfering with employees’ freedom of speech
- Not responding to member complaints
- Refusing to bargain in good faith
- Requiring unreasonable fees
- Directing prohibited actions
Employer or Industry Associations
Negotiation partner when contracts are at industry or national level
Employer Rights Under the Law
- Direct employees’ work and conduct of the organization in accordance with law.
- Protect assets from damage.
- Benefit from employee work through intellectual property.
Employer Unfair Labor Practices (ULPs)
- Interfering with right to join union
- Discriminating based on union membership
- Refusing to bargain or provide needed information
- Refusing to enforce contract
- Controlling or intervening in union operations
Employment Contracts
- Norm for employees in many countries; some countries mandate that employers provide contracts within a certain time after hiring.
- Can be implied by employment documents (e.g., pay stubs).
- Must be formally amended.
In the U.S., most employee relations are considered “at will” (employment at-will, or EAW). Employees may be terminated by the employer with no cause, although employers must be careful not to violate antidiscrimination laws or various exemptions (e.g., public policy, implied contract, covenant of good faith and fair dealing).
General Strike
Work stoppage
Global ER Strategies
- Hands-off
- Monitor
- Guide and advise
- Plan strategically
- Set limits and approve exceptions
- Integrate headquarters and field HR
- Manage locally from headquaters
Guide and Advise
Global ER Strategy
Headquarters offers advice and global policies
Decisions are made locally
Handling Grievances
- Immediate Supervisor
- Grievance filed with supervisor. Supervisor and union representative investigate grievance.
- Next Level
- Employee usually not present but is represented by union.
- Higher-Level Management
- May involve top officials at local or company level. Must be resolved within contract-defined time frame.
- Third-Party Determination
- Neutral third party used to arbitrate agreement between representatives at highest levels for both sides.
Workplace Conflict
HR may have to apply their competencies to manage different types of workplace conflicts.
