Employee & Labor Relations Flashcards
International Labor Standards
The standards issued by the International Labour Orgz (ILO) capture key issues related to EE rights.
- promote rights at work
- encourage decent EE opportunities
- enhance social protection
- strengthen dialogue on work related issues
ILO has 8 Labor Standards
- Freedom of Association and Protection of the Right to Organize
- Right to Organize and Collective Bargain
- Forced Labor
- Abolition of Forced Labor
- Minimum Age
- Child Labor
- Equal Renumeration
- Discrimination
Employment Contracts
Employment contracts are the norm in many countries, some countries penalize employers for not providing written contracts within a certain length of time
The absence of a contract may give rise to an implied contract AKA a paystub
Employment-at-Will
In the US, unlike other countries, most EEs work on an at will basis.
EAW is not a federal law but a principal derived from common law.
An Orgz ER Strategy Should Include
- Alignment with the orgz strategy
- Alignment with employment laws
- A vision for workplace culture
- Must fit the orgz values and beliefs
- Should have strategic goals
- Should have strategic initiatives
Policy
A broad statement that reflects an orgz philosophy, objectives, or standards concerning a particular set of managment or EE activities
EE Handbooks
EE handbooks should reflect the orgz vision and values and be legally compliant
Involving Managers and Supervisors in ER Strategy
Managers and supervisors must understand the orgz ER strategy and how the strategy is aligned with management practices.
*In organized labor–managers should be able to explain the orgz labor strategy
Types of Unions
- Single enterprise: all EEs of an employer, regardless of job type or skill, may be represented by a single enterprise union.
- Trade or craft: a union representing electrical, chemical, or atomic workers
- National union: differnt trade or craft unions join national federations of unions.
- Industry union: represents workers from different employers within a certain industry, like steel or auto
Unions can vary significantly–HR should try to identify in labor groups with whom their orgz interact:
- level at which bargaining occurs
- focus on bargaining topics
- union penetration or density
- membership
- relationship with management
- role government will play
‘Acceptance’ Labor Strategy
Orgz may accept unionization for food reason like: unions may be the norm in certain industries, or some orgz may find the costs of fighting unionization efforts to be too high
‘Avoidance’ Labor Strategy
Employers may choose to avoid unionization because of the additional cost of managing a unionized workfroce
*The appeal of unions can be blunted by addressing the major reasons why EEs consider joining unions
‘Adaption’ Labor Strategy
When a workplace is already unionized, the employer can define the type of relationship they want with 3rd party representatives: confrontational or collaborative
7 Options for Global Orgz
- Hands-off: locally managed
- Monitor: headquarters tracks local mgmt decisions, but it leaves decisions to be made locally
- Guide and Advise: headquarters offers more advice, but it still leaves decisions at the local level
- Strategic planning: policies are set globally, but practices are developed locally.
- Set limits and approve exceptions: some local adaptations may be made but only after review and approval by headquaters HR
- Integration of headquarters and line managers in field: labor decisions are made jointly
- Manage locally from headquarters: local HR staff simply implement, without change, headquarters developed HR policies and practices
Factors Affecting the Collective Bargaining Process
Legal and Regulatory factors
Economic conditions
Public and Employee opinion
Bargaining Precedent
Mediation v Arbitration
Mediation: AKA conciliation–a method of nonbinding dispute resolution involving a 3rd party who tries to help the disputing parties reach a mutual agreement
Arbitrtion: a negotiated procedure in which labor and mgmt agree to submit disputes to an impartial 3rd party and abide by the arbitrators decision
HRs Role in Collective Bargaining
HR plays a valuable role in improving the quality of the contract, based on their experience, they can:
- suggest work processes that are most cost effective
- contribute suggestions based on EE needs
- analyze contract languages to identify misunderstandings
- provide negotiators with data about EE demographics
The Grievance Process
- Immediate Supervisor
- Next Level
- Higher level Mgmt
- Third Party Determination
Work Councils
Workforce members that represent employees for the purposes of conveying information from employer to employee about anything that might affect the workforce.
*not US based, and can include both mgmt and EEs OR EEs only
Government and Other 3rd Party Labor Groups
Complicating the employment relationship further is the potential presence of groups beyond the employer and the employees’ elected representatives, for ex:
- Employer or industry associations
- National government and agencies
- International groups
- Local government, religious institutions
Examples of EE Collective Industrial Actions
Industrial action= actions taken to protest work conditions or employer actions.
- General strike: work stoppage
- Sit down strike: refusal by workers to work
- Sympathy strike: support of another union that is striking
- Wildcat strike: have not been approved by the union
- 2nd action Boycott: putting pressure on another employer
- Work to rule: workers slow processes by performing tasks exactly to specifications
- Overtime ban: EEs refuse to work any overtime
- Picketing: positioning of EEs at the place of work targeted
What to Commit to for Disputing Resolution
Commit to:
- Listening
- Managing emotions
- Agreeing on goals
- Focus on issues and facts not personalities
- Considering all perspectives
- Engaging in problem solving and alternatives
- Reaching agreement on next steps
Workplace Retaliation
When an employer takes an adverse action against an EE–often as a result of a complaint or conflict
How to Prevent Workplace Retaliation
- Adopt a strong antiretaliation policy
- Inform EEs about the process for reporting alleged retaliation
- Train managers on retaliation
- Remind supervisors of the orgz policy
- Monitor the treatment of EEs
- Investigate allegations and take corrective action when necessary
Conducting an Investigation Steps
- Ensure confidentiality
- Provide protection
- Select the investigator
- Create a plan
- Develop interview questions
- Conduct interviews
- Make a decision
- Close the investigation
- Develop written summary of investigation results
What is Co Determination
A form of corporate governance that requires a 2 tiered corporate board structure–a typical mgmt board and a supervisory board–that allows mgmt and EEs to partcipate in strategic decision making.
*Unions see them as competitors, they weaken labor unions
Types of Co Determination
Dual System: As many as half the suprvisory board can be EEs and has the power to accept/reject mgmt decisions–orgz must have EE consent to make changes
Single Tier: only 1 board of directors, but EE representatives are included as members
Mixed System: EE representatives are included, but they are only advisors (nonvoting capacity)
Forms of ADR (Alternative Dispute Resolutions)
- Open Door Policy
- Ombudsperson: neutral 3rd party (from inside or ouside the orgz) to investigate EE complaints and help mediate disputes–they can advance disputes to other forms of ADR.
- Single Designated Officer: an individual chosen by Sr. mgmt to conduct investigations and dispute resolution
- Chosen Officer: permits an EE to select an arbitrator from a group of individuals
- Peer Review
- Mediation
- Arbitration
Disciplining Employees
- Produce persuasive evidence of the EEs culpability or negligence
- Give the EE a fair opp to present their side of the story
- Determine a penalty appropriate for the offense
- Impose discipline that is consistent w the treatment that others have received for similar infractions
- An HR review of all serious disciplinary actions to ensure that discipline is consistent with similar historical cases, doesnt violate union contracts, employment law, or cultural norms
Providing Due Process in EE Discipline
- An EE is informed of expectations
- The disciplinary actions are consistent and predictable
- The employers decision is based on factual evidence
- The EE has a right to question the evidence
- The EE has a right to appeal the decision
- A constructive displines process is used
- The EE is considered as an individual
Constructive Discipline Process
- Verbal counseling, problem solving
- First formal warning
- Second warning
- Final warning
- Termination
Labor Relations
Refers to the way orgz manage their relationship w EEs as a collective group rather than individually
HRs Role in Preventing or Mitigating the Effects of Work Actions
Preparations can involve:
- Develop a strike response plan
- Create supply chain contingency plan
- Train mgrs to identify signs of union strikes and ULPs
- Organizing and training mgrs to take the place of workers
- Identify and arrange for contingent workers if using replacement workers is legal
- Educating mgrs about what they can/can’t do
Preventing Disciplinary Situations
- Review codes of conduct b4 implementing them
- Set clear expectations
- Behave consistently
- Establish a climate of communication
- Maintain an open door policy
