Employee & Labor Relations Flashcards
1
Q
International Labour Organization (ILO) history
A
- Specialized agency of the United Nations headquartered in Geneva.
- Evolved from the Commission on International Labor Legislation, which was formed in 1919 as a result of the Treaty of Versailles following World War I.
2
Q
International Labour Organization (ILO) members
A
- Membership includes governments (currently 187 member states), employers, and worker groups.
3
Q
International Labour Organization (ILO) strategic objectives
A
- Promote rights at work
- Encourage decent employment opportunities
- Enhance social protection
- Strengthen dialogue on work-related issues
4
Q
International Labour Organization (ILO) process of standards
A
- Research and analysis
- Reports
- Commitment or discussion sessions
- Drafts
- Revisions
- Adoption by 2/3 member nations
- Obligated to submit convention to their own law-making bodies and/or ratify convention
5
Q
ILO has identified eight core labor standards:
A
- “Freedom of Association and Protection of the Right to Organize,
- “Right to Organize and Collective Bargaining,
- “Forced Labor,
- “Abolition of Forced Labor,
- “Minimum Age,
- “Worst Forms of Child Labor,
- “Equal Remuneration,”
- “Discrimination,”
6
Q
Employer rights
A
- Intellectual property and copyright/patient protection
- Usually defined in local laws and individual/group contracts
- Right to protect organization’s assets from damage (ex: theft, reputation) and to benefit from work preformed by employees
7
Q
Intellectual property (IP)
A
- Ownership of innovation by an individual or business enterprise; includes patented, trademarked, or copyrighted property and trade secrets
8
Q
How employers can protect intellectual property rights
A
- Physical and logical security (restricted access to use of data) and survallance process
- Can conflict with employee rights to privacy and freedom of expression and are limited
- Communicate work obligations through employee handbooks, policies and practices
9
Q
Employment contracts
A
- Documents employer and employee rights and responsibilities
- Can be done with individual or organized groups of employees
- Norm in most countries - requirements varry
- Absence of written contract could be there is an implied contract
- Must be formally amended (if change is desired)
10
Q
Employment contracts with international assignees and global employees
A
Should specify which country’s laws will apply and what jurisdiction will be applied if there is litation
11
Q
Employment at-will (EAW)
A
- Principle of employment in the U.S.
- Came from common law
- Employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time
12
Q
Employment at-will (EAW) exceptions
A
- Public policy exemptions
- Employee cannot be fired without just cause or violations from other federal and state laws
- Implied contract exemptions
- Not written contracts
- Hard to prove but can be actions, promises or statements made to individual
- Covenant of good faith and fair dealing exemption
- Applies to few states
- Restricts actions viewed as unjust or malicious
13
Q
Post-employment agreements
A
- Legally binding
- Signed at hiring
- Used to keep employer’s right to protect it’s business by restricting employee’s behavior during and during employment
14
Q
Non-disclosure agreement (NDA)
A
- Common form of post-employment agreement, especially in knowledge industries
- Employee agrees not to discuss knowledge gained during employment.
- Usually specifies a period of time employee cannot disclose information
- Does not include commonly known information
15
Q
Non-compete agreement (NCA)
A
- Common form of post-employment agreement
- Prevents employee from leaving to work for one of employer’s competitors
- May specify period of time and geographical range
16
Q
Post-employment agreements disadvantages
A
- Subsequent employers may counter-sue an employer seeking to enforce an NCA.
- Local jurisdictions and governments may look unfavorably on what they perceive as infringing on an employee’s right to work and freedom of speech.
- Damage an employer’s ability to attract and retain talent.
17
Q
Employee relations strategy should include
A
- Be aligned with organizational strategy
- Aligned with employment laws and business practices
- Vision describing type of workplace culture leaders want to create
- Values the strategy is built on
- Goals
- Initatives (set of action plans to achieve organizational goals)
18
Q
Policy
A
- Broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employee activities.
- Can be unwritten - communicated by word or action
- Are not perminant
19
Q
Performance management should include employee’s understandings of
A
- Employer’s promises
- Ex: work terms, complaint procedures
- Expectations of employee conduct
Handbooks can be usesed, but union contracts supersedes the handbook.
20
Q
HR role in policies and procedures
A
- Support development by leaders and can help supply culture and values
- Facilitate development by other departments
- Support communication and policies through the organization
21
Q
Developing policies and procedures in global organizations
A
- Policies should be consistent, fair and transparent through the organization
- Lack of consistency, legal compliance and cultural adaptation can be difficult
22
Q
Employee handbook
A
- Availability - in the language and form of media universally avilable
- Organization - clear and direct
- If employees cannot read - another way to communicate will be necessary
23
Q
Employee handbook in union environment
A
- Policy handbook
- Outlines policies that apply to employees without exception
- Ex: mandated rights and restrictions on ileggal behavior
- Outlines policies that apply to employees without exception
- Collective barganing agreement/labor contract
- Descriptions of terms and conditions for employees
- Separate hanbook can be created if there are union and nonunion employees
24
Q
Tips for Creating Effective Employee Handbooks
A
- Reflects the orgnization
- Alligned with local laws and regulations
- Policy and policy related procedures (not job procedures)
- Include procedures for reporting and/or resolving policy and/or resolving policy and work violations
- Realistic in expectations - should be consistently enforced
- Keep short and understanable to the average reader
25
Managers and supervisors regarding employee relations strategy
* Must understand the strategy and how it is aligned with specific management processes
* Should receive training especially with conflict and discipline and development opportunities
* Their perfomance metrics should demonstrate ability to fulfill ER strategy in daily work with employees
26
Labor relations
* How organizations manage their relationships with employees as collective group, rather than individually
* Typically includes thrid party representatives and institutions that interject themselves into the employer-employee relationship
27
Labor union
* Also called trade union
* Group of workers who coordinate their activities to achieve common goals in their relationship with an employer or group of employers
* Members elect representatives to interact with management
* May also include managers and professionals
28
Types of unions
* Single enterprise
* Specific trades or crafts
* A national union
* An industry union
Large or global organizations may interact with multuple types of unions
29
How to idenyify labor groups:
* Level of barganing
* Barganing topics
* Union penetration or density
* Percentage of workers in the union
* Membership
* Compulsory, individuals or group, etc.
* Relationship with management
* Role the government will play
30
Labor relations strategies
* Acceptance
* Avoidance
* Adaptation
31
Acceptance labor relations strategy
* Accepting the unionization
* Reasons
* Well established and protected legally
* Fighting efforts is too high or distracting
32
Avoidance labor relations strategy reasons
* Costs of managing unionized workforce
* Loss of flexibility in management decisions
* Increased time to make and implement strategic decisions
* Seen as a competitive disadvantages
33
How to have an avoidance labor strategy
* Decrease appeal of unions by focusing on why they go (wages, benefits, etc)
* Communicate why organization prefers to be union free
* Train managers on signs of unionizing activitiy and respond quickly to actions
34
Adaptation labor relations strategy
* Organization is already unionized
* Employer can define the type of relationship they want with third-party reps (confrontational or collaborative)
35
Confrontational union relationship
* Takes time and resources
* Difficult contract barganing
* Disagreeing with admistration of agreements
* Seek to replace or remove union
36
Collaborative union relationship
* Greater acceptance of labor-management partnerships.
* Increased willingness to share power.
* Open and candid sharing of information.
* Joint decision making on issues of common concern.
* “Win-win” bargaining techniques.
* Shared responsibility and accountability for results.
37
How to improve employer-union relationships
* Comply with international standards and local laws with unionization and worker rights
* Comply with local regulations with informing and involving workers
* Develop fair grivance and alternative dispute resolutions and available to all employees regardless of union membership
* Implement joint study groups to solve common problems
* Treat union members fairly and respectfully
* Demonstrate genuine apprecation for employees' interest and involvement in workplace issues
* Consult union leader to defuse problems before they become grivances
38
Global labor relations strategies are shaped by
* Extent production is integrated among subsidiaries
* Enterprise's cultural attitude toward workforce relations and experiences with labor/trade unions
* Relationship bewtween originating country and subsidiaries
39
Global labor relations strategies include
* Hands-off
* Monitor
* Guide and advise
* Strategic planning
* Set limits and approve exceptions
* Integration of headquarters and line management in field
* Manage locally from headquarters
40
Hands-off global relations strategy
* Locally responsive strategy
* Workforce relationship is entirely locally managed
41
Monitor global relations strategy
* Headquarters tracks local management decsions and demonstrates interest and concerns
* Decisions are made at local level
42
Guide and advise global relations strategy
* Headquarters offers more advise and tries to apply global practices to local practices
* Decisions are made at local level
43
Strategic planning global relations strategy
* Employee relations strategy is developed with understanding of variations among workforces through the enterprise
* Policies set globally
* Practices developed locally
* Practices must conform to global policies
44
Set limits and approve exceptions global relations strategy
Some local adaptations may be made but only after review and approval from headquarters HS
45
Integration of headquarters and line management in the field global relations strategy
Labor decisions are made jointly
46
Manage locally from headquarters global relations strategy
* Centralized or standardised alternative
* Local HR staff implement withoutchange, headquarters-developed HR policies and practices
47
Collective bargaining
Process where management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.
48
Barganing an occur between
* Unions
* Multi-employer groups
* Trade union associations
49
Influences on collective bargaining
* Legal and regulatory facto
* Bargaining precedents
* Factors during the bargaining process that led to previous agreements and/or the existing agreement.
* Public and employee opinion
* Economic conditions
50
Contract negotiation process
1. Union submits contract proposal to employer
2. Employer has certain timeframe to respond to proposal and negotiate terms
3. End
1. If both sides cannot agree - outside mediation or arbitration may be used
2. If successful - contract or CBA is created
51
Mediation
* Also called conciliation
* Method of nonbinding dispute resolution
* A neutral third party tries to help disputing parties reach a mutually agreeable decision
* Has no power used to keeps the parties talking
52
Arbitration
* Method of dispute resolution
* Disputing parties agree to be bound by the decision of one or more impartial persons to whom they submit their dispute for final determination.
* More informal then court
53
Collective barganing agreement (CBA)
* Governs day-to-day relationships of employer and employees of barganing unit for time it specifies
54
HR role in collective bargaining
* Suggest work processes that are most cost-effective and those that may be ineffective in terms of creating a productive workplace
* Contribute suggestions based on HR’s understanding of employee needs
* Analyze contract language to identify potential misunderstandings or difficulties in administration that could result in grievances later
* Provide negotiators with data about employee demographics and payroll and benefits costs that can be used to analyze the cost implications of proposals and concessions.
* Identify unintended consequences of contract provisions so that they can be more fully considered.
* Identify clauses from preceding contracts that may be in conflict with new employment laws
55
Grievance procedure
Orderly way to resolve differences of opinion.
56
Union greviances arise when
* Contracts have not adressed issues specifically
* When one orboth sides have misunderstood or miscommunicated polices
57
The Grivance Process Steps
1. Immediate supervisor
1. Most are written but can be oral
2. Supervisor- attemt to determine reason and try to solve the problem and may work with union representatives to solve
3. If union rep agree no griveance has occured the process ends
2. Next level
1. If employee, supervisor and union rep cannot solve problem together
2. Formally written
3. Employee is represented by union and both sides are fully documented
3. Higher-level management
1. Memver of union or grivance committee is involved
4. Third-party determination
1. Outside arbirator may be called to resolve issue
2. Highest level of each side is represented
58
Works councils
* Workforce members that represent employees
* Local or organizational level
* Purpose is information and consultation - receive from employers and convey to employees information that may affect the workplace and health of enterprise
* Not involved with contract negotiation
* Closeness to unions vary from country to country
* May support election of certain members to councils
59
U.S. works councils
* Do not exist in the U.S.
* Volate Secion 8(a)(2) of National Labor Relations Act
* Prohibites company dominated unions
60
Works councils can include
* Both management and worker representatives.
* Only worker representatives who are overseen by a member of management.
* Only worker representatives with no management oversight.
61
Works council member process
* Number of members vary
* Positions are filled through election process
* Worker reps have significan employment protections
* Employers advise works councils of proposed management decisions and seek their input before taking action
62
Works council co-determination
* From of corporate governance that is two-teired corporate broad strcuture
* 1.) Typical management board
* 2.) Supervisory board
* Allows management an employees to participate in strategic decision making
* Rights can be extensive and allow employees to influence managerial decisions
63
Codetermination models
* Dual system
* Single-tier system
* Mixed system
64
Dual system of codetermination
* Supervisory board in addition to typical management board
* Depending on employer size, 1/2 as many on the supervisory board members may be workers
* Supervisory board has authority to accept or reject manageemnt board's decisions
* Organizations are not able to implment workplace changes without employee consent
65
Single-tier system of codetermination
* Only one board of directors
* Employee reps are included as members
66
Mixed system of codetermination
Employee representatives are included, but they are only advisors
67
HR needs to know regarding their works councils
* If works council is mandated by statutes and under what circumstances
* Procedures for forming a works council
* Scope of employer's obligation with respect to works councils
68
Other types of labor groups
* Employer and industry associations
* National governments and agencies
* International groups
* Local governments, nongovernmental organizations, religious institutions and community groups
69
Industrial actions
* Various forms of collective employee actions taken to protest work conditions or employer actions.
* Intended to interfear with employer's ability to fulfill its common interests
70
Types of industrial actions
* General strike
* Sit-down strike
* Sympathy strike
* Wildcat strike
* Secondary action orboucott
* Work-to-rule
* Picketing
* Lockout
71
General strike
Work stoppage.
72
Sit-down strike
* Refusal by workers to work
* Also refusal by workers to leave their workstations, making it impossible for the employer to use replacement workers.
73
Sympathy strike
* Action taken in support of another union that is striking the employer.
* Contracts may include provisions prohibiting sympathy strikes.
74
Wildcat strike
* Work stoppages at union contract operations that have not been sanctioned by the union.
75
Secondary action or boycott
* Attempt by a union to influence an employer by putting pressure on another employer—for example, a supplier.
76
Work-to-rule
* Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.
77
Picketing
* Positioning of employees at the place of work targeted for the action for the purpose of protest.
* Picketing can be used for similar purposes as strikes, but there is no work stoppage.
* In some cases, picketers may illegally interfere with commerce at the employer’s site.
78
Lockout
Action of an employer to shut down operations to prevent employees from working.
79
How to prevent labor actions
* Train managers to identify and report signs of union strike campaigns and employee/union unfair labor practices.
* Organize and train managers to take the place of workers.
* Identify and arrange for contingent workers if using replacement workers is legal.
* Educating managers and supervisors about what they can and cannot do, thus helping avoid unfair labor practices.
80
Unfair labor practice (ULP)
* Violation of employee rights
* Act prohibited under labor relations statutes
* Can occur with or without the presence of a union
81
Employer ULPs
* Interfering with employee's right to join a union
* Descriminating among workers based on union membership
* Refrusing to bargain with recognized union or provide ifnormation materials to negotiations
* Refrusing to enforce contract provisions
* Controlling or interveaning in union operations
82
Employee/Union ULPs
* Conspiring with employers to discriminate against employees on basis of union membership
* Interfearing with freedom of speach or coercing or fining employees
* Failing to respond to member complaints
* Refrusing to bargin in good faith
* Requiring unreasonable or discriminatory membership fees
* Directing prohibited work actions
83
Disputes are driven by different
* Opinions about the work
* Personal differences
* Offensive behaviors
* Employers
84
Multicultural conflict resolution
* Differ in appetites and tolerances of conflict
* How conflict is acknowledged and resolved
85
Dispute Resolutions Steps
1. Informal meeting of the employee or employees with immediate manager
1. If resolved – manager clarifies key points and get employee agreement
2. If not resolved – manager explains next steps
2. Formal letting: could be with higher level management or internal dispute resolution body such as panel of peers. Meeting is private and confirms facts
1. May conclude with resolution or commitment to further investigation or additional resolution processes
3. Communicate o employee the results of any investigation and management decision.
1. If employee is not satisfied – escalate to next level management or dispute resolution by neutral third party
86
Retaliation
* When an employer, employment agency, or labor organization takes an adverse action against an employee—often as a result of a conflict or complaint.
* Can be form of unlawful discrimination
87
How to prevent retaliation
* Have a strong antiretaliation policy
* Inform employees about the process for reporting alleged retaliation
* Train managers on retaliation
* Remind supervisors of organization’s policy
* Monitor treatment of employees
* Investigate allegations and take corrective action if necessary
88
Steps to conduct investigations
1. Ensure confidentiality
2. Provide protection
3. Select the investigator
4. Create a plan
5. Develop interview questions
6. Conduct interviews
7. Make a decision
8. Close the investigation
9. Develop written summary of investigation results
89
How to select an investigator for an investigation
* Can be internal or external
* Should be have experience and knowledge of the law
90
How to close the investigation
* Communicate decision to the complainant and accused
* Ensure complainant is comfortable to return to work
* Take steps to ensure situation will not occur again
91
Written summary of investigation results
* Investagatory actions taken and what information was collected
* Conclusion with employer actions
92
Alternative dispute resolution (ADR)
Umbrella term for the various approaches and techniques, other than litigation, that can be used to resolve a dispute.
93
Forms of ADR
* Open-door policy
* Ombudsperson
* Single designated officer
* Chosen officer
* Peer review
* Mediation
* Arbitration
94
Some employers require employees to agree in writing what type of mediation as condition of employment
* Mediation
* Arbitration
95
Open-door policy
* Simplest form of ADR
* Encourages employees to meet with an immediate supervisor or manager to discuss workplace problems
* Sometimes allows employees to approach anyone in the chain of command.
* Seen as preemptive or preventive ADR
96
Ombudsperson
* Neutral third party (inside or outside the organization) to investigate employee complaints confidentially and help mediate disputes.
* They may draw an opinion and bring the dispute before management but is usually not empowered to settle grievances.
* They may advance unresolved disputes to other forms of ADR.
97
Single designated officer
* Identifies a specific individual chosen by senior management to conduct investigations and dispute resolution.
* The credibility of this individual may depend on the credibility of management.
98
Chosen officer
* Permits an employee to select an arbitrator from a group of individuals.
* Allows employees to feel some control over their futures.
99
Peer review
* A panel of employees (or employees and managers) trained to work together to hear and resolve employee complaints.
* Panel may be led by an HR professional.
* May not change organization policy but sometimes may recommend changes to policy.
* Sometimes limited to suspensions and discharges.
100
Mediation
* Uses a neutral third person trained in mediation techniques to help both sides assess the strengths and weaknesses of their positions.
* Goal is to negotiate a mutually acceptable, voluntary settlement.
* Mediator acts more as a facilitator of agreement than as a judge making a decision.
* A settlement cannot be imposed on either side.
101
Arbitration
* Submits disputes to one or more impartial persons who listen to both sides and make a final determination.
* May be binding (parties agree to be bound by the arbitrator’s decision) or nonbinding (parties may seek other means of resolution, including litigation).
102
Employers when disciplining should
* Produce good evidence of employee’s fault or negligence
* Give employee fair opportunity to present their side
* Determine penalty for the offence
* Impose consistent discipline
* Keep HR review of all material/serious disciplinary action to ensure it is consistent and does not violate union contracts or laws
103
How to prevent disciplinary situations
* Review codes of conduct before implementing them
* Set clear expectations
* Behave consistently
* Establish a climate of communication
* Maintain an open-door policy
104
Tests of Due Process in Disciplining Employees
* Employee is informed of expectations and the process and consequences of not meeting the expectations
* Disciplinary actions are consistent and predictable
* Employer decision is based on factual evidence
* Employee has right to question evidence and defend themselves
* Employee has right to appeal disciplinary decision
* Constructive discipline process is used
* Employee is considered an individual
105
Constructive discipline
* Also called progressive discipline
* Form of corrective discipline that implements increasingly severe penalties for employees
* Gives employees second chance to align behavior to organization’s expectations
106
Constructive discipline types of punishment
* Positive punishment or added requirement (ex: counseling for anger management)
* Negative punishment or removal of valued stimulus (ex: withholding promotion or pay)
* Extinction – eliminate behavior by never rewarding it
107
Constructive discipline process steps
1. Verbal counseling, problem-solving, and open dialogue
2. First formal warning
3. Second warning
4. Final warning
5. Discharge or termination
108
Verbal counseling, problem-solving, and open dialogue step in constructive discipline
* Discussion ASAP after becoming aware of the problem
* Goal to resolve problem before it worsens
109
First formal warning step in constructive discipline
* Made orally or written
* Manager sets clear expectations of behavior
* Done in private
* Specific about performance issue and what needs to be done to correct
110
Second warning step in constructive discipline
* If employee fails to correct behavior or commits another infraction
* Step is optional
* If first warning was oral – this should be written
* Both problem and solution needs to be described in specific objective terms
* Professional tone
* May put employee on probation
* Copy of this warning with employee signature should be in personnel file
111
Final warning step in constructive discipline
* Include deadline for improvement
* Disciplinary time/suspension should be without pay
* Clearly states continuation of documented issue(s) will lead to termination
* Employee signs form acknowledging they read and understand terms of written warning
112
Discharge or termination step in constructive discipline
* Last resort
* Used for repeated occurrences
113
When terminating an employee for discipline reasons
* Never terminate on the spot
* Ensure investigation is complete, through and well documented
* Conduct employee interviews
* Do not delay
* Conduct final filter review and review investigatior’s findings and recommendations
* Pinpoint basis of discharge
* Inform employee in person
* Be alert to possible reactions
114
HR's Role in the Disciplinary Process
* Ensure that the organization’s code of conduct reflects the organization’s values and complies with applicable laws and that the code is publicized adequately throughout the organization.
* Involve local HR in identifying local issues to be addressed in the code because of local laws or customs.
* Ensure training of all managers and supervisors—the key players in ensuring effective, appropriate, fair, and consistent discipline.
* Monitor compliance with policy and local practices.
