Organizational Knowledge - Workforce Management Flashcards
What are different techniques for long-term forecasting?
Unit demand, probabilistic models and simulations, or trend projections and regression analysis
ie. Markov analysis (probabilistic forecasting) tracks the movements of employees among different job classifications to forecast the movement among departments, operating units, salary levels, or from one category to another.
ie. Delphi technique consists of having experts provide their best estimates of future needs based on questionnaires and interviews. An intermediary will collect results and provide a summary or report to the experts.
What are demographic forces that influence the labor market?
Birth rates > low and can lead to shortage of skilled workers
educational disparity
immigrants
participation rates by gender
How do you conduct a workforce analysis plan? Why is this necessary?
Workforce analysis is required in most affirmative action plans. Analysis results in a workforce profile that conveys the talent, knowledge, and skills of the current workforce.
- conduct an examination of the demographics (ie. age, experience level, average education in the field, status changes) of the current workplace
- a gap and risk analysis can be performed to determine any vulnerability
- anticipated changes to how work is performed and how advances in technology can have an effect are documented
- future talents needs can be forecasted
What are the steps for evaluating labor supply and demand?
- The supply model analysis, which reviews an organization’s current labor supply
- The demand model analysis, which estimates future business plans and objectives
- The gap analysis, which compares the variances in the supply and the demand models to identify skill surpluses and deficiencies
- The solution analysis, which focuses on how to tackle gaps in current and future staffing needs through recruiting, training and development, contingent staffing or outsourcing
What are different approaches to restructuring a company?
- mergers and acquisitions
2. downsizing (ie. layoffs or early retirement agreements)
What steps should be established for a merger and acquisition?
- Develop a workforce integration project pan
- Conduct a HR due diligence review
- Compare benefits programs
- Compare compensation structures
5 Develop a compensation and benefits strategy for integrating the workforce. Any reduction in pay or benefits must be explained and justified relative to the strategy or economic conditions - Assign leadership assignments
- Eliminate redundant functions. Best people should be retained and remainder laid off, with careful consideration to avoid adverse impact and Worker Adjustment and Retraining Notification (WARN) Act violations
What is the Worker Adjustment and Retraining Notification (WARN) Act?
WARN protects employees, their families, and communities by requiring employers to give a 60-day notice to the affected employees and both state and local representatives before a plant closing or mass layoff. the Act must specify whether the reduction in force is permanent or for a specified time.
Advance notice provides employees and their families time to transition and adjust to the potential loss of employment, time to seek alternative jobs and, if necessary, time to obtain skills training or retraining to successfully compete in the job market.
What are the steps for conducting a layoff or reduction in force (RIF)?
- Select employees for layoff using seniority, performance, job classification, location or skill
- Ensure selected employees do not affect a protected class to avoid adverse action impact
- Review compliance with federal and state WARN regulations
- Review compliance with the Older Workers Benefit Protection Act
- Determine if severance packages including salary continuation, vacation pay, employer-paid Consolidated Omnibus Budget Reconciliation Act (COBRA) premiums, outplacement services, or counseling might be available to affected employees
- Be empathetic, have issues, ensure that all required documentation is available to the employee, and review all information in detail when conducting meetings with employees
- Inform the current workforce by communicating sustainability concerns, methods used to determine who would be selected for the reduction in force, and commitment to meeting company goals and objectives to maintain morale and productivity
What is the Older Workers Benefit Protection Act?
Provides workers over the age of 40 the opportunity to review any severance agreements that require their waiver of discrimination claims. The act allows a consideration period of 21 days if only one older worker is being separated and 45 days when two or more older workers are being separated.
They must also receive a revocation period of seven days after signing the agreement. Additionally they must be informed of the positions and ages of the other employees affected by the layoffs so that they can assess whether or not they feel discriminated against.
What should you consider in order to avoid risk exposure during a layoff or reduction in force?
It could be considered illegal to consider any past grievances, complaints, claims, or leave requests in the selection process if a reduction in force is necessary. To ensure fairness and avoid risk exposure, selection criteria should include measurable data such as seniority, merit or skill set, full- or part-time status, location, job categories, or prior disciplinary actions.
What are alternatives to a reduction in force?
Reductions in force are commonly due to financial strains on the organization. Thus, the goal is to reduce human capital costs by a percentage or specified dollar amount. Alternative solutions include eliminating overtime, freezing or reducing compensation, introducing reduced work hours, cutting perks, increasing employees’ share of benefit costs, and imposing a hiring freeze.
What are high-potential development programs?
High-potential development programs offer targeted training and other enrichment opportunities to the firm’s best and brightest employees. These programs should serve as career road maps, cultivating skills and allowing employees to take on meaningful work so that they can see their impact. Some components of this program may include challenging assignments to promote professional growth, opportunities to mentor others, access to on-demand learning modules, and invitations to networking events both in and out of the firm
What are the steps of succession planning?
- Determine what requirements are for key positions and create profiles that outline responsibilities.
- The experience, education, career progress, and future career interests of managerial candidates should also be reviewed.
- Then, the performance of prospective managers should be assessed to determine whether they are promotable or not and identify developmental objectives to prepare for advancement opportunities. Performance should be evaluated based against traditional goals and standards
- Developmental objectives might include seminars, training programs, special projects, or temporary assignments
What is restrictive hiring? What are the types of restrictive hiring?
Restrictive hiring is the act of reducing the workforce by not replacing individuals who leave an organization. Only absolutely essential roles that are critical to strategic business success are filled. This is used to avoid layoffs during times of financial burden (ie. hiring freeze).
Hard freeze = no positions will remain open, indefinitely
Soft freeze = only essential roles will remain open
What are the levels of labor unions?
Local unions - represent a group of employees working for a particular employer or in a single geographical area. These unions tend to have a great deal of direct contact with members, and members rely more heavily on the union for economic support, social interaction, and political power.
National/international unions - collection of local unions, frequently in the same industry and having their own own constitution and establishing rules (ie. AmericanFederation of Labor - AFL; or Congress of Industrial Organizations - CIO)
Federation of unions - joint unions that represent millions of workers
What are important positions within local unions?
Business representative plays a critical role in contract negotiations, grievance proceedings, and managing union headquarters.
Union steward represents members interests and relations with a company
What is the role of the National Labor Relations Board (NLRB)?
The National Labor Relations Board (NLRB) was founded by Congress as part of the Wagner Act to defend and protect the rights of employees, employers, unions, and the general public. Their two major functions are (1) resolving unfair labor practices and (2) conducting representation elections.
How is the NLRB structured?
One division consists of a five-member board that hears and decides cases that involve unfair labor law practices and disputed elections.
The other division consists of a general counsel that oversees a large staff of employees over many regional offices. Each regional office has a director who supervises labor attorneys and field examiners. The field examiners might investigate unfair labor practices or conduct election.
What are similarities and differences between the NLRB and the Federal Labor Relations Council?
The Federal Labor Relations Council conducts some of the same functions as the NLRB but for federal employees. The Council establishes the composition of bargaining units, orders and supervises elections, disqualifies elections due to undemocratic or corrupt actions and decides charges for unfair labor practices.
What are the five types of employer practices that the National Labor Relations Act (NRLA) considers unfair labor practices?
It is unfair for an employer to:
- Interfere in the activities of a union or prevent employees from taking any action related to forming or joining a union
- Take any action that would allow the organization to control a union or offer special attention or preferential treatment to a particular union
- Discriminate against any employee because he/she is a member of a union or takes part in any lawful union activity
- Discriminate against any employee because he/she has filed charges with the NLRB or has taken part in an investigation
- Refuse to bargain with a union representing the employer’s employee
What is the process for filing a charge with the NLRB?
- Charges of unfair labor practices must be filed within six months of the alleged practice and can be submitted in person or via mail.
- A preliminary NLRB investigation by regional offices will be assigned to a field examiner or attorney, and either a formal complaint may be issued to the general counsel or the case may be disposed of through withdrawal, settlement, or dismissal
- General counsel may dismiss the case or move forward to a formal hearing
- After the NRLB issues a decision, dissatisfied parties may appeal
Wha is the mission of the International Labor Organization (ILO)?
A part of the UN, the the ILO’s mission is to promote decent working conditions that include eliminating child labor, enduring unlawful discrimination, protecting human rights, and supporting worker rights to organization. They extensively research compensation practices and advocate for a living wage for all
What is the Labor Management Relations Act (LMRA)
The Labor Management Relations Act (LMRA), also known as the Taft-Hartley Act, identifies a number of union practices that should be considered unfair labor practices. It is unfair for a union to:
- Force an employee to join or take part in a union or force an employee to accept a particular representative
- Refuse to bargain with the representative of an employer or restrict the ability of an employer to negotiate a contract and enforce that contract.
- Call for an employer to discriminate against employees that are not part of a particular union or that speak out against a union
- Encourage individuals outside the organization to take part in a secondary boycott or encourage employers to enter into a hot cargo agreement
- Charge unreasonably high membership fees
What are steps employees need to follow in order to organize a union?
- Filing and obtaining at least 30% of the workers in a company to sign authorization cards requesting union representation.
- Once 30% has expressed interest, they can petition the NLRB for a representation election. The NLRB will investigate on certain conditions.
- The Excelsior rule requires that the employer must file an electron eligibility list that contains the names and addresses of eligible voters that are within seven days of the regional director’s approval of consent election
What four conditions does the NLRB investigate during the organization of a new union?
- whether the company exceeds a certain revenue and falls under jurisdiction
- who should represent the workers
- whether there is a minimum 30% support of a union by the workers
- whether there are any election bars, such as another petition filed within the past year
What are the different defensive tools employers use for anti-union tactics?
- Conspiracy doctrine - used when employers charge that labor unions are illegally conspiring in restraint of trade
- Court injunctions - judge-issued orders against a person or group of people to cease the pursuit of a particular action, often to protect property rights from irreparable damages
- yellow-dog contracts - written statements employers require workers to sign during the application process to confirm that individuals were not members of a union, that they accepted the company as a nonunion employer, and that they would not encourage or join in union-related activities
What are the different forms of bargaining structures between a union and employer?
- Single union-single employer bargaining
- Multi-employer bargaining or coalition bargaining (industry-wide bargaining) = agreement includes all employers in an industry
- Coordinated bargaining = multiple unions and single employer
- National or local bargaining = agreements negotiated at a national level on economic issues or local on working conditions or other contractual conflicts
What are the typical four key stages of the union bargaining process?
- Opening presentation of demands
- Analyzing demands
- Compromises
- Informal settlement or ratification
How has the NLRB classified bargaining issues?
3 categories:
- illegal items (ie. trying to instate a closed job), are prohibited
- Mandatory items (ie. wages, the grievance procedure, and how seniority is handled)
- Voluntary items (ie. permissive subjects like dress code) can be brought up by either the employer or the union representative