HRM Chapter 11
Safe and healthful working conditions
Whether your position is a desk job or it entails a lot of physical labor, your employer should ensure that your health isn't compromised at work. Your employer should take steps to safeguard your health and well-being while on the job.
labor market
relates to the labor supply and demand in which the supply is provided by staff and demand by employers.
DECERTIFICATION
the process where the National Labor Relations Board (NLRB) allows employees to call for a special election to get rid of the union as their "exclusive representative".
BARGAINING UNIT
the specifically defined group of employees who will be eligible for representation by the union
American Federation of Labor
they avoided legislative and political activities and focused instead on improved working conditions and better employment contracts
Regular employment
where the employee renders work for an indefinite period
right-to-work laws
A state law forbidding requirements that workers must join a union to hold their jobs.
Safe and healthful working conditions Service incentive leave, rest days, overtime pay, holiday pay, 13th month pay, and separation pay Retirement benefits under the SSS or retirement plans of the contractor, if there are any Social security and welfare benefits Self-organization, collective bargaining and peaceful concerted action Security of tenure
6 RIGHTS OF CONTRACTUAL WORKERS
Project-based employment
; fixed period or term-based employment; or seasonal employment where the arrangement pre-determines the expiration of the project, term, season or incidental activity.
bargaining zone
A framework which can be used for understanding the negotiation process in which both the management and the labor union would come up with three critical points.
The 1987 Philippine Constitution, Section 3, Article XIII
"It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work and a living wage. They shall also participate in policy- and decision-making processes affecting their rights and benefits as may be provided by law."
True
T or F: As per the law, employees are not entitled to statutory sick leave.
- No labor contract can currently be in force. (i.e., the previous agreement must have expired, and a new one is awaiting approval) - The union must have served as the official bargaining agent for the employees for at least 1 year.
2 conditions for decertification
Employees can have a voice because they believe that they will somehow be better off as a result of joining a union they are dissatisfied with some aspect of their job
3 REASONS WHY EMPLOYEES UNIONIZE
Regular employment Probationary employment Project-based employment
3 TYPES OF EMPLOYMENT CONTRACTS
boosting workers ' salaries, improving working circumstances giving employees a voice in the workplace
3 role of Labor Unions in the 21st century
GENERATE INTEREST IN UNION AMONG EMPLOYEES COLLECT SIGNED AUTHORIZATION CARDS PETITION NLRB TO HOLD ELECTIONS SECRET BALLOT ELECTION IS HELD UNION SIGNS UP MEMBERS AND ELECTS OFFICERS
5 STEPS IN UNIONIZATION
- Increasing global economic competition and capital mobility - Rapid pace of technological innovations in production - Restructuring of national economies from manufacturing to services - Privatization of public services, rise of contingent employment arrangements, and; - Mounting resistance of employers to unionization
5 reasons for union decline
NATIONAL LABOR RELATIONS ACT
A 1935 law, Also known as Wagner Act, was passed in an effort to control and legislate collective bargaining between organizations and labor unions, to grant power to labor unions and to put unions on a more equal footing with managers in terms of the rights of employees.
REPUBLIC ACT NO. 8188
AN ACT INCREASING THE PENALTY AND INCREASING DOUBLE INDEMNITY FOR VIOLATION OF THE PRESCRIBED INCREASES OR ADJUSTMENT IN THE WAGE RATES
Service incentive leave, rest days, overtime pay, holiday pay, 13th month pay, and separation pay
Aside from your wage or salary, you should also be given paid time off, as well as additional pay for any work done beyond your contract's work hours, 13th month pay and a separation pay if your employment is terminated early.
union shop agreements
Contract provisions that require employees to join a union after completing a probationary period.
Self-organization, collective bargaining and peaceful concerted action
Contractual employees may also join or form employee unions, collective bargaining agreements, and join peaceful demonstrations or protests. Your employment shouldn't be in jeopardy should you decide to join a union, which might result in your termination of employment.
12
Employees are entitled to ____ paid regular holidays each year.
NATIONAL LABOR RELATIONS ACT
Established The National Labor Relations Board to administer most labor law in the United States.
• Job position and status • Job description • Pay • Employee benefits • Length and condition of probationary period, if any • Periods of notice • Code of conduct • Employee grievance mechanism • Company policies
Following are some of the usual parts of an employment contract.
unionized
If a union is established the company is said to be ____
Collective Bargaining Agreement (CBA)
It is a contract executed upon request of either the employer or the exclusive bargaining representative of the employees incorporating the agreement reached after negotiations with respect to wages, hours of work and all other terms and conditions of employment, including proposals for adjusting any grievances or questions under such agreement.
The Collective bargaining Process
It is a process where the parties agree to fix and administer the terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances.
One of the first unions is the ___
Journeymen Cordwainers Society of Philadelphia.
The firm can look closely at its own financial health Management can conduct comparative analysis
Management's preparation for collective bargaining process
8 hours per day or 48 hours per week
Maximum working hours
collective agreement
Negotiations between employee and employer consequence in a written contract
Examine the financial health of the company The union should determine what kinds of contracts
Preparation of the Labor Union Representing the Employees
local union
The cornerstone of most labor unions regardless of their size usually clustered by geographic region and coordinated by a regional officer. These regional officers in turn report to and are part of a national governing bard of the labor union.
Permissive items
The employment relationship is also subject to negotiation. Provided both sides agree
Trade Union Congress of the Philippines
The most representative labor center in the Philippines. It is composed of almost 30 federations with members in all sectors and industries (from agriculture to manufacturing to services) including government employees
Mandatory items.
These items include wages, working hours, and benefits. If either party exposes a desire to negotiate one or more of these items. Then the other party must agree
agency shop agreement
This is an agreement where employees can decide whether or not to join the union certified as the bargaining agent, but if the employee decides not to join, he or she must still pay a fee roughly equal to the amount of union dues.
Mandatory items permissive items
Two categories of items may be dealt with during labor contracts negotiations.
Security of tenure
You should be ensured secure employment for the duration stated on your employment contract, unless your employer has a defensible reason for early termination (such as your inability to perform tasks specified in contract) and has terminated you under due process.
Social security and welfare benefits
Your employer must also grant you SSS, PhilHealth, and Pag-Ibig benefits, just like any other permanent employee.
7
____ days of paid paternity leave to male employees
78
______ days of paid maternity leave to female employees
MEDIATION
a neutral third party called the mediator listens to and reviews the information presented by both sides and then makes an informed recommendation and provides advice to both parties about what he/she believes should be done
The Noble and Holy Order of the Knights of Labor
aimed to control (or represent) the entire supply of skilled labor in the United States
LABOR MANAGEMENT RELATIONS ACT
also known as the Taft-Harley Act which was passed in 1947. This act curtails and limits union powers and regulates union actions and their internal affairs in a way that puts them on equal footing with management and organizations.
final-offer arbitration
alternative form of arbitration which means that the parties bargain until impasse, and then the two parties' final offers are submitted to the arbitrator.
ARBITRATION
both sides agree in advance that they will accept the recommendations made by an independent third-party arbitrator.
Labor Relations
can be defined as the process of dealing with employees who are represented by a union. A Labor Union, in turn is a legally constituted group of individuals working together to achieve shared job-related goals.
craft unions
each such union limited itself to represent groups of workers who performed common and specific skilled jobs.
Revolutionary War
earliest unions in the United States emerged during this time
• Government employees; • Managerial employees; • Officers or members of the managerial staff; • Field personnel; • Members of the family of the employer dependent on him for support; • Domestic helpers and persons in the personal service of another; and • Employees who are paid by results, as determined by the Secretary of the Philippines' DOLE.
employees are not entitled to overtime pay
Retirement benefits under the SSS or retirement plans of the contractor, if there are any
f your employer has a retirement plan for their permanent employees, you should also be granted the same benefits.
LOCKOUT
is a tactic used by the management in its efforts to break an impasse or a situation wherein no progress is recognized by both parties the exclusion of employees by their employer from their place of work until certain terms are agreed to
Department of Labor and Employment (DOLE)
is the principal government agency responsible for enforcing employment laws in the country.
Collective bargaining
is the process by which managers and union leaders negotiate acceptable terms and conditions of employment for those workers represented by the unions.
unionization process
is the process of organizing the employees of a company into a labor union which will act as an intermediary between the employees and company management.
SLOWDOWN
occurs when the workers are still performing their jobs but are doing it in a much slower pace relative to their normal work output
BOYCOTT
occurs when union members agree not to buy the products of a targeted employer
(1) the union's minimum acceptable limit on what it will take from the management (2) its own expectations about what the management is likely to agree to (3) the most it can reasonably expect to get from the management.
three intermediate points of bargaining zone for labor union
employer's (1) maximum limit, (2) expectations, and (3) desired result on items being negotiated.
three intermediate points of bargaining zone for management
Probationary employment
wherein the employment is subject to a period of observation and evaluation with an aim to assess the worker's suitability for permanent employment
closed shop
which refers to a workplace in which only workers who are already union members may be hired by the employer.
WILDCAT STRIKE
workers suddenly go on strike, without the authorization of the striker's union and while a biding labor agreement is still in effect
craft unions
workers who share the same skill-set or who perform identical tasks, although they may work in different industries
