BSAD 310 Spring 2017 - CH 9

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Chapter 9: Employee Rights and Labor Relations

Transcript of BSAD 310 Spring 2017 - CH 9

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Chapter 9:Employee Rights

and Labor Relations

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2Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.

Managing and Leading Your Workforce: Trust and

Communication• Trust

– Simply faith in the character and actions of another

• Communication– The process of transmitting information and

meaning • Listening Skills

– Crucial for effective communication to occur

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Job Satisfaction• Feelings of well-being and acceptance

of place in organization• Generally measured along a

continuum from:– Satisfied/positive/high– Dissatisfied/negative/low

• Affects worker productivity, absenteeism, and turnover

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Ways to Measure Job Satisfaction

• Faces Scale– Employees circle the face that matches their

satisfaction– Best for a brief job satisfaction assessment

• Job Satisfaction Survey (JSS) – Organizational development survey that is

valid and reliable for measuring job satisfaction in workplace

– Best for an in-depth job satisfaction assessment

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Exhibit 9-1: Female Faces Scale

Source: “Development of a female faces scale for measuring job satisfaction” by Randall B. Dunham and Jeanne B. Herman, Journal of Applied Psychology, 60(5), October 1975, 629–631.

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EXHIBIT 9-2: SAMPLE OF JOB SATISFACTION SURVEY (JSS)

QUESTIONS21

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Rights and Employee Development

• Before organizations can develop, discipline, or terminate employees and develop high-performance teams, HR must understand employee and management rights.

• They do this to ensure they don’t violate those rights or develop or discipline employees unethically or illegally.

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Exhibit 9-3: Commonly Accepted Employee Rights

Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.

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Types of Rights• Right of Free Consent

– Employees have the right to know what they’re asked to do and consequences of that action.

– Employers must ensure employees voluntarily agree to do a particular job or task.

– Employers who force employees against their will or manipulate them violate employees’ right to free consent.

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Types of Rights• Right to Due Process

– When employers contemplate disciplinary action, employees have a right to know what they are accused of, any evidence or proof, and the ability to tell their side. Due process avoids false accusations.

• Right to Life and Safety – Employees have the right to be protected

from harm to the best of employers’ ability.

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Types of Rights• Right of Freedom of Conscience (Limited)

– Employees should not be asked to do something that violates their values and beliefs as long as these reflect societal norms.

• Right to Privacy (Limited) – The right to privacy protects people from

unreasonable or unwarranted intrusions into their personal affairs, unless employers feel they might pose a hazard to others.

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Types of Rights• Right to Free Speech (Limited)

– The First Amendment applies to government agencies limiting speech.

– In the workplace, individual freedom of speech is limited.

– Individuals should still express concerns or discontent with policies without fear of harm.

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Management Rights• Codes of Conduct: Employers have a right to create

a code of employee conduct. It must identify the firm’s ethics and values and serve as a guide to individual action.

• Employment-at-Will: Allows company or employee to break work relationship at any time with or without reason as long as laws are not violated.

• Exceptions to Employment-at-Will– Public policy exceptions– Evidence of an implied contract– Lack of good faith and fair dealing

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Model 9-1: The Coaching Model

Coaching is the process of giving motivational feedback to maintain and improve performance.

1. Describe current performance2. Describe desired performance3. Get a commitment to change4. Follow up

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Management Counseling• The process of giving employees

feedback (so they realize that a problem is affecting their job performance) and referring employees with problems that cannot be managed within the work structure to the organization’s Employee Assistance Program (EAP).

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Discipline Basics• Try coaching first• Discipline is corrective action designed

to get employees to meet standards and the code of conduct

• Common offenses needing discipline are theft, harassment, and safety violations

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Disciplining: Objectives• The major objective of coaching,

counseling, and discipline is to change behavior.

• Secondary objectives are to maintain authority when challenged and let employees know action will be taken when standing plans or performance requirements are not met.

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Just CauseSeven Tests of Fairness and Due Process in Disciplinary Actions 1. Did the employee receive fair warning?2. Is the rule reasonably related to the

orderly, efficient, and safe operation of the company’s business and expected employee performance?

3. Did the employer validate the alleged infraction prior to administering discipline?

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Just Cause4. Was the investigation conducted fairly and

objectively? 5. Was there substantial evidence or proof that the

employee was guilty as charged?6. Has the company applied its rules, orders, and

penalties even-handedly without discrimination?7. Was the degree of discipline reasonably related

to the seriousness of the employee’s proven offense and record of the employee’s service with the company?

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Exhibit 9-4: Guidelines for Effective Discipline

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Progressive Discipline• With progressive discipline, the employer

provides the employee with opportunities to correct poor behavior before termination.

• Steps: – Informal coaching talk– Oral warning– Written warning– Suspension– Termination

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Model 9-2: The Discipline Model

1.Refer to past feedback2.Ask why the undesired behavior was used3.Give the discipline4.Get a commitment to change and develop a plan5.Summarize and state the follow-up

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Termination• Necessary when an employee cannot be

made into a productive member of the workforce.

• Causes for dismissal immediately following investigation:– Gross negligence is a serious failure to

exercise care in the work environment.– Serious misconduct is intentional behavior

that can potentially cause great harm to another or the firm.

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Legal Issues in Labor Relations

• Managers must understand constraints set by labor laws to successfully do their job.

• Three types of labor relations laws:– Laws that deal with unions and

unionization– Laws that govern how layoffs must be

handled– Laws that govern collective bargaining

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Exhibit 9-5: Major Labor Laws

Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.

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Railway Labor Act (RLA) of 1926

• Enacted to limit potential for railroad strikes to affect interstate commerce

• Provides protection for worker rights to join a union–no more Yellow Dog contracts

• Requires that in major disputes, management and labor must participate in a negotiation and mediation process presided by the National Mediation Board before a strike may be called

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National Labor Relations Act (NLRA) of 1935 (The Wagner Act)

• Gives employees rights, without fear of persecution, to . . . – Self-organize or form, join, or assist labor

organizations – Bargain collectively through representatives of their

choosing– Engage in concerted activities to collective bargain or

other mutual aid or protection– Refrain from such activities unless that right may be

affected by an agreement that requires membership in a labor organization as a condition of employment

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Labor Management Relations Act (LMRA) of 1947 (Taft-Hartley Act)

• Amendment to 1935 NLRA that rebalanced employer and employee rights by prohibiting specific unfair practices by unions, including the following:– Jurisdictional and wildcat strikes– Secondary boycotts– Union shops– Coercive tactics

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Worker Adjustment and Retraining Notification Act

(WARN) of 1988 • Firms that employ more than 100 full-time

employees must notify them of a layoff at least 60 days ahead of time when laying off more than 50 employees.

• All workers are entitled to this notice, including hourly and salaried workers and managers.

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Union Organizing • People Join Unions for a Variety of

Reasons– Better pay and benefits – Unfair management practices – Poor labor relations – Job security

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Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.

Exhibit 9-6: The Union Organizing Process

Lussier and Hendon, Fundamentals of Human Resource Management.

© 2017, SAGE Publications.

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Union Organizing: The NO TIPS Rule

• No Threats Managers cannot threaten that firm will shut down a facility that votes for unionization.

• No Interrogations – Managers cannot ask employees about union organizing activities.

• No Promises – Managers cannot promise employees pay or benefits rewards if they vote against union authorization.

• No Spying – Managers cannot plant spies in union organizing meetings or other activities.

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Labor Relations and Collective Bargaining

• Labor Relations: Interactions between management and unionized employees

• Collective Bargaining: Negotiation process resulting in a contract between union employees and management that covers employment conditions

• Grievance: Formal complaint concerning pay, working conditions, or violations of other factors in a collective bargaining agreement

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Model 9-3: The Employee Complaint Resolution Model

1. Listen to the complaint and paraphrase it.2. Have the complainer recommend a solution.3. Schedule time to get all the facts and/or make a decision.4. Develop a plan to resolve the complaint.5. Implement the plan and follow up.

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Trends and Issues in HRM• Facebook, Twitter, and Social Media at

Work: Are They Out of Control?– Social media sites can cause any number

of problems. • Nonunion Worker Protection and the

NLRB– The NLRB says that workers have a right

to engage in “protected concerted activities” in the workplace.