Module 5: Employee and

Labor Relations

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 Why People Join Unions

Perception of
Company
Fairness issues substandard
responsiveness
conditions
• Consistent and • Wages or • Failure to
fair benefits address
enforcement of • Working employee
company conditions concerns
policies (safety)
• Follow-through • Comfort issues
on company (eating areas
promises and parking)

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 National Labor Relations Act
(Wagner Act)

• Key act that applies to all workers

workers,, not just
union workers.
• Allows workers to:
– Organize themselves.
– Form, join, or assist labor organizations.
– Bargain collectively.
– Engage in concerted activity for the purpose of
mutual aid and protection.

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 Common-Law Contract Issues

• Contract definition:
– Agreement between two
or more persons to do or
not do something in
exchange for something of
value.
• Contract law provides
remedies if the contract is
breached.
• Contracts can be written or
oral.

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 Agreements Enforced by Law

Unfair
competition
Express oral
and
contract
noncompete
agreements

Employee’s
Inevitable duty of loyalty
disclosure and
confidentiality

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 Positive Characteristics of
Union- Free Organizations

Access to
Fair and
career Balanced
consistent
opportunities promotion
treatment of
• Job posting decisions
employees
• Job bidding

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 Feedback and Communication
in Union-Free Organizations

• Attitude (climate) • Employee

surveys committees
• HR/labor relations • Electronic
reviews communications
• Skip
Skip--level • Problem
Problem--solving
interviews procedures
• Open
Open- -door • Counseling
meetings
• Department
meetings
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 Total Rewards in a Union-
Free Environment

• Provide information • Develop:

on: – Performance
– Compensation and appraisal systems.
salary data. – Rewards and
– Market recognition
comparisons. programs.
– Salary grades.
– How raises are
awarded.
– Cost of health care.

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 Labor/Management
Cooperative Strategies

Greater acceptance of partnerships

Willingness to share power

Open and candid sharing of information

Joint decision making on common issues

Win-win negotiating

Shared responsibility and accountability

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 Employee Involvement (EI)

• Links the shared interests of the employee

and the company for mutual benefit.
• Gives employees the freedom and
responsibility to make job
job--related decisions.
• Also known as participative management or
empowerment.
• HR communicates company goals, develops
and maintains EI programs, and helps build
trust in employees.

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 Employee Involvement Strategies:
Job Design

Aims at balance between:

• Efficiency • Employee satisfaction
– Division of labor – Skill variety
– Standardization – Task identity
– Specialization – Task significance
– Autonomy
– Feedback
– Job enlargement,
rotation, and
enrichment

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 Employee Involvement Strategies:
Alternate Work Schedules

Flextime

Tele-
Tele- Compressed
commuting workweeks

Schedules

Phased Regular
retirement part-time
part-

Job
sharing

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 EI Strategies:
Workplace Teams

Committees
Teams are
accountable for
Work Project specific objectives
teams teams and performance
Teams goals.

Task Self
Self--directed Teams and job
forces teams design combine to
increase productivity
and job satisfaction.
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 Employee Surveys

Attitude Surveys Opinion Surveys

Measure job Measure data on
satisfaction specific issues

Value of surveys is in measuring improvements

over regular time periods.
Employees should be guaranteed anonymity
and given feedback on results.

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 Employee Focus Groups

• Small group participating

in a structured
discussion with a
facilitator.
• Provide qualitative data
on specific issues.
• Can be used in
conjunction with or
independent of a survey.
• Provide inin-
-depth
feedback on specific
issues.

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 Common Errors in Interpreting Data

Rush to
conclusions

Manipulated Graphical
results misrepresentation
Errors

“Analysis Analysis
paralysis” errors

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 Policies, Procedures,
and Work Rules

Policy Broad statement that reflects

philosophy, objectives, or standards;
general in nature.
Procedur Detailed, step
step--by
by--step descriptions;
e specify what, when, where, and who.
Work rule Reflects management decisions
regarding specific actions to be taken
or avoided in a given situation.

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 Guidelines for Employee
Handbooks

• Keep it simple and current.

• Distinguish between company
company- -wide policies
and job specifics.
• Accommodate multilingual requirements.
• Obtain evidence of receipt.
• Create an appealing, well
well--written book.

Improperly drafted handbooks can create an

employment-at-will exception.
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 Behavior Issues

• Absenteeism:
– Time lost when employees do not come to work
as scheduled
• Tardiness:
– Time lost when employees report to work late

When taking disciplinary action for excessive

absenteeism or tardiness, do not count absences
protected by FMLA, USERRA, or state law.

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 Preventive Measures to Avoid
Disciplinary Action

• Set clear expectations with detailed job descriptions.

• Establish written policies, procedures, and work rules.

• Establish a climate of communication.

• Maintain an open-door policy.

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 Sequence of Disciplinary Action

Document all 5.
steps
steps——even the Discharge
oral steps.
4. Final
written warning

3. First written warning

2. Oral warning

1. Problem solving and open dialogue

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 ADR Options

• Open
Open--door policy (preventive)
• Ombudsperson (increases management
access but not empowered to settle)
• Peer review (may recommend changes
to company policy; often limited to
suspensions and discharges)
• Mediation (nonbinding)
• Arbitration (binding or nonbinding)
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 Other Union ULPs

• Forcing unlawful A union cannot force an employer

discrimination by to commit an act in violation of
the employer contract provisions.

• Excessive or
Fees must be appropriately based
discriminatory
on industry wages and practices.
membership fees

• Refusal to bargain The union must bargain in good

faith.

• Featherbedding The union cannot require more

workers than necessary.
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 Collective Bargaining Process
SPHR only

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 Collective Bargaining Subjects
SPHR only

Mandatory Illegal Permissive

subjects subjects subjects
(required by law (unlawful by (voluntary)
and NLRB) statute)

• Overtime • Closed shops • Benefits for retired

• Seniority • Discriminatory union members
• Vacation/holidays hiring • Settlement of ULPs
• Neutrality
agreements
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 Contract Negotiations
SPHR only
• Win
Win--win • Win
Win--lose
negotiation negotiation
– Principled – Positional
– Integrative – Distributive
– Interest
Interest--based
Good-faith bargaining requires that both parties
enter into discussion with fair and open minds and
a desire to reach an agreement.

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 Violations of Good-Faith Bargaining
SPHR only
• Surface bargaining • Bypassing the
• Lack of concession representative
• Refusal to advance • Commission of
proposals and ULPs
demands • Refusal to provide
• Dilatory tactics information
• Imposing conditions • Refusal to bargain

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 Other Bargaining Conditions
SPHR only
• Unlawful circumvention
– Bargaining proposals not disclosed to the union
may not be discussed with employees.
• Notice requirements
– The party desiring contract renegotiation must
notify the other party of its intention to bargain a
new agreement.
• Duty of successor employers or unions
– Selling a majority interest in a unionized
company does not affect the company’s
bargaining obligations.
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 Formal Grievance Procedure
SPHR only
4.
Third
party
3.
Higher
Higher--level
management

2.
Intermediate supervisor

1.
Immediate supervisor

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 Arbitration
SPHR only

Types of arbitration:

• Voluntary (commonly
required by union contract)
• Compulsory (commonly
occurs in the public sector,
where there are limitations
on the right to strike)
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 The Arbitration Process
SPHR only
Opening Both parties identify issues, state what is to
statements be proved, and specify relief sought.

Presentation Parties present evidence and essential

of evidence documents to prove their cases.

Both sides have equal time for closing

Summation arguments.

The arbitrator presents the decision in

Award written format and signs it.
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 Arbitration
SPHR only

Types of arbitrators:

• Permanent
• Ad hoc
• Tripartite panel

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 Lockouts and Strikes

• Management shuts down operations to

prevent union employees from working.
• Attempts to prevent damage to facilities
Lockout and injury to employees.

• A refusal by employees to work

• May be based on economics or unfair labor
Strike practices.

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 Strike Categories

Economic

Sympathy ULP
Strikes

Wildcat
Jurisdictional
(unprotected)

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 Replacement of Strikers

Strike occurs as
Employer must reinstate
the result of
ULPs. striking workers.

Employer is not required

to displace permanent
Strike is an replacement workers
economic strike. except as future
opportunities become
available.

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