Running head: EMPLOYMENT RELATIONS 1

Employment Relations

Student Name

Course Name

Professor Name

July 1, 2020
EMPLOYMENT RELATIONS 2

Table of Contents
A: Approaches to Bargaining.....................................................................................................2
B: Analysing an Employment Agreement.................................................................................6
Advantages of the Agreement................................................................................................9
Disadvantages......................................................................................................................10
C: Personal Grievance Procedure.............................................................................................11
References................................................................................................................................15
EMPLOYMENT RELATIONS 3

Employment Relations

A: Approaches to Bargaining
This report gives information about the working shift of employees. It explained that

moving research would help keep the business profitable by rising manufacturing costs and

increasing plant usage. The study has also summed up the position of the union: that it is not

for shift work, because it is anti-social and may be detrimental to workplace wellbeing over

the long term. The word labour relations, also called industrial relations, applies to a system

under which managers, workers and their members, and the government engage explicitly or

implicitly, to set the basis for handling labour relations. It also defines an area of analysis that

looks at such relationships. The sector is the outgrowth of the industrial revolution, the

overriding influence of which has contributed to the creation of syndicates serving employees

and to mutual job ties. This is a moral requirement for employers to meet in good faith with

the representative to their staff and to accept every collective bargaining arrangement. This

duty entails other responsibilities, including an agreement not to allow any changes without

negotiating with the trade union and not to circumvent the union and negotiate directly with

the employees (Powell & Cortis, 2017).

The employer and union must meet at reasonable times to negotiate in good faith

about the wages, time and holidays, insurance, safety practices, and other obligatory subjects

once the employees choose a union as negotiating representative. Managers should not be

compulsory objects of agreements to agree about such issues as sub-contracting,

restructuring, or other transfers. The contractor may discuss the consequences of the

decisions about unit employees. Every party failing to negotiate jointly with another group is

an unfair labour practice, but the groups do not have to compromise or make compromises.

When no compromise can be found after reasonably good faith attempts, the employer can

declare a deadlock and then make a last bid to the Union open. The National Labor Relations
EMPLOYMENT RELATIONS 4

Act prohibits employers from interfering, restricting, or coercing workers to exercise or

refrain from working together in the exercise of rights relating to the organization, formation,

or accession of labor organizations for collective bargaining purposes. During the pursuit of

such freedoms, labour unions can do not limit or coerce workers. The union can, therefore,

react to a genuine impasse and lodge charges for not bargaining in good faith for unfair

labour practice. Based on negotiating history and on an agreement between the two sides, the

National Labor Relations Act (NLRB) determines whether a real impasse has been reached

(Pekarek, Landau, Gahan, Forsyth, & Howe, 2017).

When the Company notices that a deadlock is not achieved, it is requested to come

back to the negotiating table. The NLRB will request an injunction of the federal court in a

serious situation to compel the contractor to agree. The duties of the parties do not cease with

the termination of the deal. They must bargain in good conscience with the continuation or

dissolution of the deal if the provisions of the terminated arrangement stand. A Person

seeking to end the contract must consult with the other person 60 days before the expiry, or

60 days before the planned termination, in writing. The NLRB 's obligation to negotiate in

good conscience occurs in hundreds, even thousands of instances. The Board will look at the

totality of circumstances in determining whether a party negotiates in good faith. The

responsibility to engage in good conscience is a requirement to fully intervene in the

negotiations to demonstrate the real aim to achieve a compromise. It indicates an open mind,

a genuine desire to seek an understanding, and a serious attempt to establish a shared base.

The added provision for "good faith" talks was introduced to ensure that aside did not enter

the negotiating table and only move the motions. The NLRB must evaluate relevant

requirements, such as how the group is prepared to fulfill the commitments at appropriate

periods and cycles, and conclude whether the Group is served by someone with the ability to
EMPLOYMENT RELATIONS 5

make judgments at the table, whether they are comfortable with the duty to compromise at

good faith.

The sum of responsibilities received by union members shall be regulated by the

federal and state laws and court rulings. The NLRA permits employers and syndicates to sign

union security agreements, which require all employees in a negotiating unit to become

members of the union and to pay union dues and fees within 30 days of the employee's hire.

Also, under a protection arrangement, workers who refuse to full membership in a union can

continue as 'component participants' and only compensate the portion in the duties utilized by

negotiators, such as collective bargaining and contract negotiation. They are not full members

anymore but are also covered by the union deal, classified as objectors. Unions shall notify

all protected workers of this choice, which was developed by a ruling from the Supreme

Court and is recognized as the Beck Right. The employee may refuse to enter the Union for

moral purposes, but he may pay a charge similar to duty to a voluntary non-profit

organization.

Moreover, normal working hours should exceed longer than 40 hours a week. If

required, over four weeks, the average duration of 40 hours a week in terms of job conditions

or working conditions, in general, is appropriate. The first day of the week is Monday unless

some job structure is in effect. During the duration of 4 weeks or 50 hours per calendar

month, on-call time can be reported up to 48 hours per worker. The time that an employee

works on behalf of the employer is not considered on call. Under the Fair Labor Standards

Act, workers shall compensate all staff engaged in the interstate trade or the manufacture of

products for the interstate trade at a wage and a half-hour over 40 a week, except those

expressly qualified employees. The Public Contracts Act mandates that the job of

manufacturing and furnishing products, machinery, articles and appliances over $10,000 for

the Federal government be compensated one and a half hours for more than eight a day, or 40
EMPLOYMENT RELATIONS 6

a week. In the case of modifications to the law concerning working hours, clauses to adjust

arrangements are also included in contractual negotiations. In some industries, there are

changes in the standard working time due to seasonal conditions, and some agreements have

specific provisions governing working hours of women and minors. The arrangement of

regular and weekly hours is strongly aligned with the normal working day and workweek.

Many deals enable management to set operating hours, while some require the employer to

be consulted.

Regularly scheduled working hours of 8 a day and 40 a week are very well defined.

Such fixed operating hours are not a promise of working hours; they are guidelines that

delimit and describe the daily working period under which normal or direct wage levels

predominate one, nor typically do such specified hours reflect a static number of working

hours a day or week. The job above this level is typically charged for the extended hours at a

bonus or overtime cost. The "day" and "week" are the same day and week of certain deals.

Often 24 hours and seven consecutive days are described. Setting the standard working day

and the working week is common, not only to control the working hours of an individual but

also to set wage levels for which labor is usually paid at premium rates. The working day and

workweek days are also defined by the arrangement on a daily beginning and leaving day.

Monday-Friday is the schedule of weeklies most commonly mentioned; other agreements do

not state the exact working days of the week.

Explicit privileges to define and change the planned working hours can be given to

management as appropriate to satisfy output criteria and to optimize performance. However,

there are also different limits imposed: the workers and the association must be informed in

advance of any shift; complaints can be raised in the grievance and arbitration proceedings; a

move may only be implemented through approval with the association, or in certain instances

even when the union agrees. It is also important to post the job hours, giving them time to
EMPLOYMENT RELATIONS 7

start and finish shifts. A few agreements forbid workers from joining or doing any job

relevant to their jobs before the expected start period to ensure conformity to job defined

hours. Many employers feel that overall everyday output may be improved by allowing brief

bursts of rest to split the monotony of repetitive activity. These intervals are usually tolerated

without a pay deduction, but the procedure differs in terms of the amount, span, and

timetable. For certain arrangements, specifics are not provided on time permitted. Still, state

that the rest times are authorized according to the "prevailing standard" or "if appropriate." 2

The time allocation is more commonly defined at 5 or 10 minutes, though seldom more than

15 minutes. Accords usually only require one or two rest times a day.

B: Analysing an Employment Agreement

Employee agreements are a standard document used to establish the rights,

responsibilities as well as obligations of each party during their period of employment in

relationships between employees and employers. According to the intent, one of the essential

instruments used by a company will be an employment agreement. The contract between the

employee and the employer enables the employee relationship to be strengthened to ensure

each party understands the key terms of the contractual relationship.

An agreement between employers is usually reduced to a commonly written

document involving acknowledgment and signature by the employer and employee. That

said, employers must not diminish any workplace arrangement on a written contract. Also,

workplace agreements may be indicated by explicit comments or additional actions taken by

either the employer or the employee more often than published. Such involved arrangements

can take the form of memoranda, corporate policy, and protocol approved for businesses or

instructional content for employees.

There is Mary, who needs to employ someone. According to her employment

agreement, she will provide a gardener's job. As the basic agreement includes its key terms
EMPLOYMENT RELATIONS 8

like salary, benefits, work schedule, restrictions on the confidential information, vacation

allotments, etc. includes. There the agreement provides a gardener job at the house of Mary

and out the dressing sense of the employee. According to this agreement, the hour work time

will be from 8 am to 3 pm. The employee will get 12.50 dollars per hour, that also an

amazing salary.

Moreover, when an employer, as well as an employee, joins a new job, an

employment agreement is a binding document. The policy on the jobs of both the employers

and employees lays down the laws, privileges, and duties, which encompasses certain special

commitments performed that are exceptional in a given work circumstance. An employment

arrangement controls the entire life of the signing employee. It covers the minimum salary

plus any incentives that could be received on the work (Eab.business.govt.n, 2020).

The whole section of the contract includes employer benefits, such as health

insurance, pension plans, paid vacations, as well as other benefits, which include a specific

job offer. With broad terms, this segment points forth what the employee is to concentrate on

when at work. An accountant, such as financial analysis, taxes, and other numerical tasks, is

engaged by a company to help deal with its financial problems. All of these responsibilities

are laid down in a contract of employment. The use of highly confidential information also

includes most employment agreements. The policy must explicitly contain the wording

banning the employee from exchanging the sensitive details of an organization with other

entities. The contract may also include a requirement prohibiting an employer from changing

jobs and working for a particular period with a direct competitor (James, 2016, pp. 531-576).

An employer can take additional measures to protect his or her intellectual property,

including protect him or her from knowledge sharing outside the business. In general, an

organization uses a form of non-disclosure to formalize the issue, but an NDA can often
EMPLOYMENT RELATIONS 9

occur on an employment agreement. A work arrangement frequently allows for the

probationary phase that typically lasts for ninety days. At the time, the boss regularly

addresses the right to dismiss the employee discretionarily. Employees and employers tend to

value assessments of performance that are part of the employment contract. If evaluations

arise, what basis, and what responsibilities the individual has in an administrative evaluation

are outlined in the performance appraisal field of the agreement. Language on termination of

jobs often requires a job arrangement. The firing provision usually includes the timeframe

over which an individual may leave and the quantity of notice. It further explains whether an

employer will fire the employee and whether the employer wants to access to the properties

and records after an employee is fired. Consult Stanford University's model employment

contract for a clear description of how a work arrangement appears and is organized

(Garrison & Wendt, 2016, pp. 409-466).

The employment policy lays down the requirements for a prospective worker,

ensuring both an employment and an employee know what each should anticipate from the

working relationship. When any person is unable to decide how to continue on a task, the

Employment Agreement will order an employer and a worker to take more action according

to the terms used in the agreement, following existing organization guidelines. It is up to the

employer to decide which to use, and there are many types of employment agreements. There

are some of the workplace arrangements and contracts that are more widely used. The most

common employment arrangement is a contract of withholding. The employer has the right

under this kind of arrangement at any point to fire the employee. The employee shall,

therefore, be entitled to leave the job for any reason he or she considers fit, provided the job

is not unlawful.

A written employee agreement lists employer-employee rights, guidelines as well as

obligations more thoroughly. The employer agrees to work for a certain period under a
EMPLOYMENT RELATIONS 10

written contract. The boss often decides to keep the workers for a limited time frame. The

arrangement is identical to an on-will deal, but that termination only allowed in situations

when the individual violates the provisions of the contract. Oral contracts are comparable to

contracts on behalf of the employers and employees, with the major distinction that vocal

arrangements are not filed formally, as they are based on a verbal agreement. Typically

speaking, informal settlements are difficult to enforce, and any administrative decision or

conflict between workers, for example, is focused on evidence that is not written out,

rendering arguing the argument of the sides even tougher (Knowlton, 2014, pp. 16-19).

Advantages of the Agreement

Employee agreements will represent both workers and staff as important tools — here

are several advantages that they offer to new hires:

Each party-the employer as well as the employee-has a well-designed employment

agreement to work with them as they form a business relationship. Above all, best for all

sides, the more information the employee may bring into a new career. A good employment

contract allows employees and employers to negotiate key terms in a new employment

arrangement such as wages, benefits, time off, and auxiliary items such as telecommuting as

well as vehicle use.

In the event of disputes between an employer and the employees, an employment

agreement may also be used as a referee in kind. The participant needs to apply and operate

on the language to settle the conflict in the basic language of the employment agreement.

When a contract is concluded, an individual will exhale. Now, the employee knows exactly

where the employee is, what's expected of the employee. He is a special person who enjoys

surprises on the job, and a complete compromise on work would be shocked. While most

jobs in the United States are willing, employers can use employee agreements to ensure that
EMPLOYMENT RELATIONS 11

their most qualified talents are bound by contractual terms, which will deter people who leave

the business and have an advantage in the contract.

Employment opportunities may also encourage highly qualified workers to enter the

organization. The prospect of a contract can guarantee a highly qualified employee greater

stability. Such staff may have additional employment offers, which could attract the

employee's company with a contract with appealing turns. Finally, the appearance of an

employment agreement will give the employer more control of the work performed by the

particular employee topic to the provisions of the contract.

Disadvantages
The employment arrangement does not have several "cons" connected with it because

it has been professionally designed and contains all the elements mentioned above. That said,

workers will be mindful of an inadequate comment on job arrangements. If the terms and

conditions of employment are agreed upon and defined in a contract of employment, the

worker has them before his head. That makes it hard to renegotiate terms once they are part

of the agreement and thus restricts the flexibility of the employee. Some of the most

expensive terms in an employment agreement, particularly in the case of "firing" issues such

as corporate ownership robbing, ethical conduct at work, unlawful sharing of personal,

corporate information leads, if not internally, directly to a court of law. No one, particularly

when searching for new jobs, wants the experience.

In the employment arrangement, whether an employer experiences a decline in sales,

even if the employee will not fulfill the employer's initial requirements, the employer would

not be permitted automatically to fire the employee. Either in that case, the employer is left to

renegotiate the contractual agreement with the employee. Within the rules of the workplace, a

contractor is expected to behave in keeping with a good faith agreement and to negotiate

equally with the workers in conjunction with the initial contractual terms and conditions. That
EMPLOYMENT RELATIONS 12

clause is a significant importance to employers because it forbids a contractor from breaching

the deal as ill behavior in the process will contribute to larger civil penalties due to statute. It

is an essential safeguard for employees (Greenwade, 2014, pp. 129-144).

C: Personal Grievance Procedure

"Personal Grievance" is one of the most important ways for workers to take legal

action against their employer if it has been handled illegal or unfairly. If the employer

dismisses employees unfairly or does something else that employees think is unwarranted,

including firing them, presenting employees with a formal notice, or demoting them,

employees can use the grievance procedure. There are also many certain explanations for

specific grievances, such as unfair discrimination and sexual assault.

In this case, the employee should first discuss issues with their employer. Trying to

address the problem informally will also help to establish a positive employment partnership.

Tell the employer of specific grievances and call for a conference to discuss the issue in

writing. The employee will state explicitly what his concern is and why he thinks he has a

problem. In a letter or text, it is common practice to ensure that anything that needs to be

addressed is explained to them. To respond to the problems, the employee must provide

enough detail about the problem. A copy of the letter or Email is to be kept by the employee.

If the employee raises the complaints verbally, it should be noted both by the employer and

by the employee, if a dispute arises later on. When the employee does not make the case very

transparent or comprehensive, it may mean that he is not in a position to seek disciplinary

action. The participants may either try to address the problems between them or a mediator,

e.g., a private mediator may take part in the conference (Obiekwe & Eke, 2019).

Similarly, the employee can use the free Employment Mediation Services if he

decides that he need mediation. To go to mediation, the employee doesn’t need a lawyer.

Mediation is used to help the employee and a worker solve a problem in a semi-formal and
EMPLOYMENT RELATIONS 13

confidential environment in a self-satisfied person called a mediator. The employee should

apply individually for counseling if he is involved in mediation but is not at peace to address

the conduct he is referring to the employer or someone else in the company (such as coercion,

bigotry, or harassment) or the person he is concerned about (Opatha, 2019).

The employee raised a Personal Grievance (PG) 91 days after the suspected problem

was reported to be the PG in a recent decision of the Employment Relations Authority. It

meant that the ERA was prohibited from considering the argument, irrespective of whether

the individual has an arguable grievance. However, in keeping with the 90-day limit, the

legislation offers some warnings. If a PG is allowed to be raised out of time by an employer,

or the ERA determines to give an employee leave to raise a PG out of time, it can be heard

that a PG raised beyond the 90 days. The ERA discovered that the boss explicitly indirectly

decided to raise the PG for the employee beyond the 90 days. Words spoken by the boss over

one month after the PG had been lifted were observed by the Age to indicate that the neutral

analyst had contributed to the increase of the PG. The Age will, therefore, recognize the

employee's PG and evaluate it. It is not a black-and-white check that leniency laws extend to

an employee who has earned a PG during the 90-day window. If they are worried over

anything relating to, they on the career, get guidance immediately: don't wait. People may

also be entitled to pursue a settlement to the issues if they feel frustrated and have not

necessarily operated on it. The answers must be treated carefully if they have a specific

allegation brought against them. In a situation close to the boss above, where the apparent

reliability of the fixed period for the PG was compromised, it would be undesirable.

I think there is an independent contract between the employee and the company.

Contrary to an employee, the standard labor laws do not cover an independent contractor. In

the end, that ensures that they do not have the option to an unpaid holiday or maternity leave

and cannot demand a specific grievance. Contractors monitor the staff, how they operate, and
EMPLOYMENT RELATIONS 14

how they select their equipment. Similarly, in the case, Wilson v. Solis Mexican Foods Inc.

In this particular situation, Patricia Wilson and her boss Solis Mexican Foods are concerned.

The specific case subparagraph on the website "This was the first decision by Ontario courts

to grant damages by the Human Rights Code" of Cassels Brock Lawyers was assistant

controller to the firm until the day it was terminated by January 2010. A letter dated 19 May

2011 informed Wilson of its termination by selling a business sector that rendered several

current positions in the company superfluous. Ms. Wilson demanded time off from the job by

way of her psychiatrist on 7 March 2011 to treat a recurrent back injury until her termination.

On 28 March 2011, Mrs. Wilson told her employer once again, with the assurance of eight

full hours starting on 18 April, to return to work on modified duties, which included four hour

working days beginning on the week of 4 April. This was deemed intolerable to the

employer, and further details were demanded and received promptly. The case in dispute

article on the Cassels Brock Lawyers webpage summarized the ruling of the case in question,

"Upon having concluded that the issues with the continuing return and related applications

for lodge were a consideration in the judgment on the employer to fire, the Ontario Superior

Court fined the employee $20,000.

In conclusion, it can be said that there is an independent contractor. So, the employee

has no right to file a case. The employer has the right to control the hours of the employee.

The contractor is not an employee and does not earn any compensation for work. On behalf

of the independent contractor, the companies will not collect employment tax. To reflect that

purpose and to put the matter as much as possible beyond doubt, if both parties are to be

independent contractors, they are strongly recommended that clear and express provision be

integrated into the independent contract contractual agreement. The complexity of

interactions between the parties can be substantially illustrated by explicit agreements that

constitute independent contractors. Of all the explicit clauses, it is mentioned explicitly in the
EMPLOYMENT RELATIONS 15

most relevant clause that the entity is engaged as an independent contractor and not a

principal's employee or subsidiary.

EMPLOYMENT RELATIONS 16

References

Eab.business.govt.n. (2020). Employment agreements, made easy. Retrieved from

eab.business.govt.n:

https://eab.business.govt.nz/employmentagreementbuilder/startscreen/

Garrison, M. J., & Wendt, J. T. (2016). Employee non-competes and consideration: a

proposed good faith standard for the afterthought agreement. University of Kansas

Law Review, 409-466. Retrieved from

http://eds.a.ebscohost.com/eds/Citations/FullTextLinkClick?sid=560ceb2e-bd07-

4a9b-bcf5-9cdb7626e194@sdc-v-sessmgr01&vid=1&id=pdfFullText

Greenwade, M. (2014). The future of mandatory employee arbitration agreements. Journal of

Dispute Resolution, 129-144. Retrieved from

http://eds.a.ebscohost.com/eds/detail/detail?vid=1&sid=dd0d8e17-004a-4a8f-8304-

1b0a59a4d27e

%40sessionmgr4008&bdata=JkF1dGhUeXBlPXNoaWImc2l0ZT1lZHMtbGl2ZQ

%3d%3d#AN=edshol.hein.journals.jdisres2014.11&db=edshol

James, A. R. (2016). Because arbitration can be beneficial, it should never have to be

mandatory: making a case against compelled arbitration based upon pre-dispute

agreements to arbitrate in consumer and employee adhesion contracts. Loyola Law

Review, 531-576. Retrieved from

http://eds.a.ebscohost.com/eds/Citations/FullTextLinkClick?sid=95a306d8-18dc-

4336-b447-4b10638b0101@sessionmgr4008&vid=1&id=pdfFullText

Knowlton, W. R. (2014). Implementing noncompete agreements in utah: protecting business

trade secrets, goodwill, and investment in employees. Utah Bar Journa, 27(3), 16-19.

Retrieved from http://eds.a.ebscohost.com/eds/Citations/FullTextLinkClick?

EMPLOYMENT RELATIONS 17

sid=a0d56d3a-aafc-4472-a477-e92981c1ed40@sdc-v-

sessmgr03&vid=1&id=pdfFullText

Obiekwe, O., & Eke, N. U. (2019). Impact of Employee Grievance Management on

Organizational Performance. International Journal of Economics and Business

Management, 5(1), 1-10.

Opatha, H. H. (2019). Defining a Grievance: A Theoretical Examination of An Old Issue. Sri

Lankan Journal of Human Resource Management, 9(1).

Pekarek, A., Landau, I., Gahan, P., Forsyth, A., & Howe, J. (2017). Old game, new rules?

The dynamics of enterprise bargaining under the Fair Work Act. Journal of Industrial

Relations, 59(1), 44-64.

Powell, A., & Cortis, N. (2017). Working time in public, private, and nonprofit organizations:

what influences prospects for employee control? Human Service Organizations:

Management, Leadership & Governance, 41(2), 162-177.