PRESENTED BY:

MARY ANNE A. PORTUGUEZ, MP, RPM

LEGAL ISSUES

Labor-Management Relations

Labor relations, relationships between employee on one hand and management on the other.

Nowadays, the term is used to cover the relationships between management and labor unions.

Labor Relations as Personnel Management Function

The efficient use of the material resources as any organization depends on how well it is utilized by its personnel and manpower.

A code of ways of organization and treating individual at work so that they will each get the greatest possible realization of their intrinsic abilities.

Sources of Labor Problems

IrritationComplaintsGrievancesMisunderstanding

What is labor problem?

It is a difficulty caused by impairment of the harmonious relations between employees and management.

The existence of such problem affects the morale of employees and in serious cases impairs the efficient operations of the company.

Satisfaction of Human Needs

BASIC PHYSIOLOGICAL NEEDS:Hunger, rest and sleep, protection, reproduction

SOCIAL NEEDS:Companionship, approval of others, assertion

of oneself, self-approval

Satisfaction of Personal Needs

Wage or SalaryCompany personnel policyWorking conditionsJob security and stabilityOpportunity for advancement and self-

improvementSupervisors who are understanding, fair, and

tactful in dealing with workersSympathetic assistance

GRIEVANCES AND COMPLAINTS

Complaint

It is a spoken or written dissatisfaction that disturbs the worker enough to cause a negative reaction to be brought to the attention of supervisor/management.

It is a feeling of dissatisfaction, expressed or suppresed, valid or not, concerning a matter or situation relating to work.

Grievance

Any dissatisfaction, complaint, irritation, or misunderstanding.

It arises from his job or his relationship with his employer, any violation of the CBA or Labor Code that he thinks or feels he is wronged or treated unfairly.

Settling Disputes

Mediation is a process of negotiation in which the disputing parties come together to discuss their differences under the supervision of a mediator. The mediator may be court-appointed or chosen jointly by the parties.

Conciliation  is similar to mediation but is more commonly used by government agencies or tribunals. For example, industrial disputes involving employers and employees may often be referred to conciliation.

Arbitration is quite similar to a court hearing. The disputing parties are present, commonly accompanied by their lawyers, and the dispute is determined by an impartial arbitrator who may be court-appointed. The benefit of using arbitration is that it is cheaper and the rules of arbitration are not as rigid as the rules of court.

DISCRIMINATION

ADVERSE IMPACT, it is based on the 80% or 4/5ths rule.

UNFAIRNESS, it occurs when minorities and non minorities score differently on the predictor test yet perform similarly on the criterion. Ex. MCAT

DIFFERENTIAL VALIDITY,occurs when there are significantly different criterion-related validity for different group on the same test. Put more simply, differential validity means that the test is more valid for predicting the performance of one group than it is for predicting the performance of another. Ex.Male vs. females

DISCRIMINATION VS. PREJUDICE

Prejudice is an unjustified or incorrect attitude (usually negative) towards an individual based solely on the individual’s membership of a social group.

Discrimination is the behavior or actions, usually negative, towards an individual or group of people, especially on the basis of sex/race/social class, etc.