Employee and Labor Relations

Employment at-will

means that employers have the right at any time, with or without prior notice to hire, fire, demote, or promote whomever they choose for no reason or any reason.

ADR (Alternative Dispute Resolution)

negotiation, mediation, arbitration usually used in union free environments, and happens before litigation but doesn't mean litigation can' t happen

Work Councils

permanent bodies composed of employee representative so on local or org level; America does not have work councils seen as violating the National Labor Relations Act

How to communicate Employee relationship strategy

1) Workplace policies 2) Employee handbooks 3) manager and supervisor involvement

Employment Contracts

-Norm for employees in many countries; some countries mandate that employers provide contracts within a certain time after hiring -can be implied by employment documents -must be formally amended and make sure to put who can amend i

How to conduct an investigation

-ensure confidentiality -provide protection -select the investigator -create a plan -develop interview questions -conduct interviews -make a decision -close the investigation -develop written summary of investigation results

forms of alternative dispute resolution (ADR)

-open door -ombusperson-neutral 3rd party to investigate -single designated officer -chosen officer-allows employee to select an arbitrator from a group of individuals -peer review -mediation-3rd party trained, negotiate -arbitration-submits disputes to one or more people who are impartial who listen to both sides and make a final determination

Labor Relations Strategies

1) Acceptance: Organizations accept unionization for various reasons 2) Avoidance: Doesn't have one and doesn't want one 3) Adaptation: when a workplace is already unionized, employer defines nature of the relationship as confrontational or collaborative

Labor relation strategies

1) Acceptance: accept unionization 2) avoidance: avoid due to the additional cost of managing a unionized workforce 3) adaptation: already unionized but the employer can define how they want the relationship to be.... either confrontational or collaborative

Employer Rights Under the Law

1) Direct employees work and conduct of the organizaiton in accordance with law 2) protect assets from damage 3) Benefits from employee work through intellectual property (HUGE IN TECH AND R&D)

What are the models of codetermination

1) Duel system- management board and supervisory board 2) single tier system: single BOD, but employee reps are included as members 3) mixed system: employee reps are included, but they are only advisors

What are the Global ER Strategies

1) Hands off: locally managed 2) Monitor: hq tracks local management decision 3) Guide and advise: hq offers more advice and tries to apply global policies 4) strategically planning: Policies are set globally but practices are developed locally, practices must conform to the global policies 5) Set limits and approve exceptions: some local adaptions can be made but only after review and approval by HQ HR 6) Integrate headquarters and field HR: labor decisions are made jointly 7) Manage locally from HQ: HR staff simply implement, withouttchange, hq developed hr policies

Factors influencing collective bargaining

1) Legal and regulatory factors 2) Bargaining precedents 3) Public and employee opinion 4) Economic conditions

Characteristics that HR professionals should try to identify in labor groups with whom their org interacts

1) Level at which bargaining occurs 2) Focus on bargaining topics 3)Union penetration or density 4) Membership 5) Relationship management 6) Role government will play

Types of Unions

1) Single enterprises 2) Specific trades or crafts 3) national 4) industry

Constructive Discipline process

1) Verbal counseling, problem solving, and open dialogue 2) First formal warning 3) Second warning 4) Final warning 5) Discharge or termination

Works councils are distinguished by their composition, which can include:

Both management and worker representatives. Only worker representatives who are overseen by a member of management. Only worker representatives with no management oversight.

Labor Relations

Refers to the way organizations manage their relationships with employees as collective group rather than individually

Codetermination

Form of corporate governance that requires a typical management board and a supervisory board and that allows management and employees to participate in strategic decision making.

The combined factors influencing collective bargaining may be generally categorized as:

Legal and regulatory factors—government regulations that make collective bargaining agreements compulsory for employers or enforceable. Bargaining precedents—factors during the bargaining process that led to previous agreements and/or the existing agreement. Public and employee opinion—public sentiments about the organization and the union and what employees deem to be pertinent. Economic conditions—the state of the local and national economies.

Contract negotiations dispute mechanisms: M and A

Mediation (conciliation): nonbinding dispute resolution intended to help disputing parties reach decision Arbitration: negotiated procedure in which both parties agree to abide by arbitrator's decision

Employer or industry associations

Negotiation partner when contracts are at industry or national level

Collective Bargaining

Process by which a union representing a group of workers negotiates with management for a contract

HR professionals play a valuable role in improving the quality of the contract. Based on their experience and knowledge of relevant metrics, they can:

Suggest work processes that are most cost-effective and identify management proposals that may be ineffective in terms of creating a productive workplace (e.g., job restructuring that increases stress). Contribute suggestions based on HR's understanding of employee needs. In some cases, nonmonetary concessions can be as significant to employee groups as wages and benefits. Analyze contract language to identify potential misunderstandings or difficulties in administration that could result in grievances later. Provide negotiators with data about employee demographics and payroll and benefits costs that can be used to analyze the cost implications of proposals and concessions. Identify unintended consequences of contract provisions so that they can be more fully considered. For example, an employer's offer might not be economically sustainable over the life of the contract, or it might be too low, encouraging other employers who are not locked into multiyear contracts to lure employees away with higher wages once the contract has been approved. Identify clauses from preceding contracts that may be in conflict with new employment laws.

Unfair Labor Practices (ULP)

When an employer interferes with, restrains or coerces employees in their exercise of their rights to form labor unions or engage in collective bargaining

Handling Grievances

an orderly way to resolve the inevitable differences of opinion in regard to the union contract that develop during the life of the agreement

Industrial Actions (economic weapons)

collective or concerted employee actions taken to protest work conditions or employer actions. Designed to interfere with employers ability to fulfill its commercial interests

Public Policy Exemptions

employees may not be fired without cause if this would violate state or federal laws

Constructive discipline

form of corrective action that implements increasignly severe penalties.

Grievance process

formal steps that must be followed to settle disputes between labor and management 1) immediate supervisor 2) next level 3) higher management 4) Third-party determination

What is a general strike, sit-down strike, sympathy strike, wildcat strike, secondary action or boycott, work-to-rule, overtime ban, picketing

general: work stoppage sit down: refuse to work and refuse to leaeve workstations sympathy: support of another union wildcat: work stoppages at union contract operations that have not been sanctioned by the union second attempt by a union to influence an employer by putting pressure on another employer overtime: refuse to work any ot picketing: p

Labor or Trade Unions

group of workers who coordinate activities to achieve common goals in their relationship with an employer or group of employer -members elect representatives to interact with management -membership may include managers and professionals as well as skilled/unskilled workers

National Labor Relations Act

promising or giving benefits to employees who oppose a union (e.g., rewarding employees who infiltrate or spy on union meetings or question other workers about their support for a union) is an unfair labor practice. The nature of the reward is irrelevant. The act of spying itself could be seen as intimidation and therefore a ULP. The union is not obliged to share this type of information with employers.

implied contract exception

provides that an implied employment contract may arise from statements the employer makes in an employment handbook, length of service, statements by the employer indicating long-term employment, or materials advertising the position

Covenant of good faith and fair dealing exemption

this applies in only a few states. It restricts actions that are seen as unjust or malicious