BUS 155 (Ch. 11, 13, 14)

14.3 The Labor Agreement

*When negotiations are concluded, the labor agreement becomes a formal bindingdocument listing the terms, conditions, and rules under which employees and managers agree to operate

14.2d Negotiating the Labor Agreement

*While there is no "exact" way to negotiate a labor agreement, typically each side focuses on one issue or several related issues until agreement is reached

14.2h Resolving Bargaining Deadlocks

*Unions and employers in all types of industries—sports, transportation, entertainment, manufacturing, communication, and health care—have used mediation and arbitration to help resolve their bargaining deadlocks

14.2b Gathering Bargaining Data

*When negotiating contracts, union bargainers talk about "taking wages out of competition." This term refers to having similar contract provisions—particularly concerning wages and benefits—between different companies in order to prevent one employer from having a favorable labor cost advantage over another

13.1e Digital Surveillance

**employee theft, such as the stealing of merchandise, supplies, or equipment, the selling of information such as customer lists and trade secrets, embezzlement, and so on... Monitoring quality control, ensuring the safety of employees, and eliminating the amount of time they spend surfing the Web and doing personal business on company time are other reasons *In just a few seconds, a coworker with a camera phone can take offensive pictures of his or her coworkers in private or embarrassing situations and disseminate them around the world via the Web. In 2017, a McDonalds employee was fired for posting a video showing rats running around inside the fast-food chain. The video led to health inspectors closing down the restaurant and the employee losing her job.... Workers in Apple's testing rooms are required to cover up devices with black cloaks when they are working on them so the company can be assured no "rogue" cameras are being used to take pictures of the products *However, a federal law, the Electronic Communications Privacy Act (ECPA), places some limitations on that right *Many employees are unaware that their employers can monitor what they do online and fire or discipline them based on that information. According to a recent report by the American Management Association, more than a quarter of employers have fired workers for misusing email, and about a third have fired workers for misusing the Internet... She believed her emails sent on her employer's computer, but via a nonwork email system, were private. A New Jersey court agreed with her... more than 70 percent of businesses have had to take disciplinary action against employees for misusing social media.. The measures employees need to take to protect their laptops and what to do if they are stolen should also be part of an electronic policy *A firm's HR department is almost always responsible for maintaining this information and safeguarding its flow to prevent, among other things, identity theft, which as you are probably aware is a growing problem... Adobe suffered a data breach during which hackers stole 38 million users' credit card records and login information... 2017 Amalgamated Sugar Company, out of Boise, Idaho, suffered a breach when personal information of 2,858 employees was lost to cyberattackers *Legislation at the federal level and various states laws permit employees to inspect their own personnel files. How much access is allowed varies from state to state. *A number of states have passed laws that prohibit employers from disciplining or firing employees for activities they pursue offsite on their own time as long as they are legal.. Organizations that want to discipline employees for off-duty misconduct must establish a clear relationship between the misconduct and its negative effect on other employees or the organization *However, like off-duty conduct, state laws and courts have tried to balance the rights of employees with those of their employers in this regard *Of particular concern is an employer's liability if a coworker, supervisor-subordinate, or other power-differentiated romance goes sour and leads to charges of sexual harassment... Workplace romances can also create morale problems when other employees feel unfairly treated; such situations can lead to jealousy, resentment, and hard feelings.. Some employers have dating parties sign consensual relationship agreements stating that they will not let their relationship affect the work environment or sue their employer should the relationship go sour *Tattoos and body piercings are increasingly popular. Nearly half of Millennials (47 percent) and over a third of Generation Xers (36 percent) have one or more tattoos. This stands in stark contrast to only 13 percent of babyboomers having a tattoo.. However, employers have the right to establish reasonable standards for grooming, attire, tattoos, and facial piercings and to require employees to abide by those standards... However, policies on appearance should reflect the nature of the organization and its industry, the types of safety concerns it faces, and not impinge on an employee's religious rights - Camera Surveillance - Phone Conversations and Text Communications - Email, Internet, and Computer Use - Searches - Access to Personnel Files -- HR's Responsibility to Safeguard Information -- Employee Access to Personnel Files - Off Duty Employee Contract - Off Duty Employee Search - Workplace Romances - Body Art, Grooming, and Attire

11.1a Selecting Benefits

*A benefits committee. Twice a year, employees break into committees to administer benefits survey and revise the benefits plan, giving employees much more responsibility and say in their own benefits packages - Flexible Benefits

11.2a Social Security Insurance

*According to the Social Security Administration, in 2017 over 62 million people received retirement benefits from social security. *Workers excluded from coverage include railroad workers and civil service employees covered by their own systems as well as farmers, domestic workers, and the self-employed whose earnings do not meet certain minimum requirements' *In 2017, the tax was 6.2 percent, though the percentage can vary depending on economic conditions *Workers born after 1928 can collect full benefits once they've earned 40 credits, about 10 years of work *Although some government programs provide money to people with partial disabilities or short-term disabilities, Social Security does not *Survivors' benefits represent a form of life insurance paid to members of a deceased person's family who meet the eligibility requirements. *Retired people age 65 or older are eligible for Medicare, which includes both medical and hospital insurance and prescription drug coverage. The program helps with the cost of health care, but it does not cover all medical expenses or the cost of most long-term care *In 2017, workers and their employers each paid 1.45 percent on every dollar of salary or wages paid. As explained, it is currently 65, but legislators are considering increasing the age to 67 as they have done with social security. - Retirement Benefits - Disability Benefits under Social Security - Survivor's Benefits - Medicare

14.3a The Issue of Management Rights

*Almost without exception, the labor agreement contains a management rights clause. This clause states that "management's authority is supreme in all matters except those it has expressly conceded in the collective agreement, or in those areas where its authority isrestricted by law."

13.1a Employee Rights versus Employer Responsibilities

*Balanced against employee rights is the employer's responsibility to provide a safe workplace for employees while guaranteeing safe, quality goods and services to consumers *Employers must therefore exercise reasonable care in the hiring, training, and assignment of employees to jobs.

13.2e Discharging Employees

*Because discharging a worker poses serious consequences for the employee—and possibly for the organization—it should be undertaken only after a deliberate and thoughtful review of the situation *How does an employer know if it has just cause to terminate an employee? This question is not easily answered, but standards governing discharges do exist in the form of rules developed in the field of labor arbitration *Every effort should be made to ease the trauma a discharge creates... Come to the point within the first 2 or 3 minutes, and list in a logical order all reasons for the termination... Explain how you will handle employment inquiries from future employers looking to hire the person... - Informing the Employee - Due Processs

13.2c Investigating a Disciplinary Problem

*Before any disciplinary action is initiated, an investigative interview should be conducted to make sure the employee is fully aware of the organization's rules and that he or she has not followed them...Most important, the employee must be given a full opportunity to explain his or her side of the issue... NLRB v. Weingarten, Inc., the Supreme Court upheld a National Labor Relations Board ruling in favor of a unionized employee's right to have a union representative with him or her during an investigative interview—if the employee reasonably believes that discipline could result from the interview - Documenting Misconduct - The Investigative Interview

11.1 Elements of a Successful Benefits Program

*But Microsoft does so because one of its strategic objectives is to attract the top talent in the country. The benefits plan also needs to be compatible with the organization's strategic compensation plan (see Chapter 9), including its total rewards strategy.

11.3a Child and Elder Care

*Consider this: Every week, child care providers in the United States look after nearly 11 million children under the age of 5 whose parents are working. *If a mom has to travel with a breastfeeding child, Zillow will pay for them to ship their breast milk back home; and Facebook provides $4,000 in "Baby Cash" to employees with a newborn. *Not surprisingly, caregivers in the workforce suffer higher levels of physical, emotional, and financial stress since they find it difficult to respond to the demands of balancing work and family

14.2c Developing Bargaining Strategies and Tactics

*Conversely, in times of economic growth—when a union strike would harm sales—the employer will be more willing to meet union demands. The employer's strategy should also consider proposals the union is likely to submit, goals the union is striving to achieve, and the extent to which it may be willing to make concessions or to resort to strike action in order to achieve these goals *Generally, the initial demands presented by each side are greater than those it actually may hope to achieve... The negotiation of a labor agreement can have some of the characteristics of a poker game, with each side attempting to determine its opponent's position while not revealing its own.

11.3b Payment for Time Not Worked

*Figure 11.1 showed that these benefits constitute another large expenditure—7 percent—of an employer's total payroll costs, on average *This contrasts sharply with the policies other countries around the world, including Austria, Peru, Spain, the United Arab Emirates, Finland, and Italy, where employees must be given 30 paid days off annually. In fact, until recently China was the only other country that did not offer any paid time off. Now the United States is the only one *Research shows that workers who use their vacation time are more productive and less prone to job-related burnout *According to one survey, Americans hand back more than $21 billion in unused vacation dollars to their employers each year. Of those that do, the average they allow workers to roll over is 20 days, according to a survey by the Society for Human Resources Management. - Vacations with Pay - Paid Holidays - Sick Leave - Sabbaticals - Severance Pay - Supplemental Unemployment Benefits (SUBs)

11.2e Benefits Provided by the Patient Protection and Affordable Care Act

*However, some of the proposed changes included opt-out provisions that would not require insurers to cover a standard, minimum package of benefits to everyone. Insurers would also be able to charge more for people who have prior illness.

14.1f How Employees Become Unionized

*If an employer and a union cannot agree on who should be in the bargaining unit, an appropriate bargaining unit will be determined by the NLRB on the basis of a similarity of interests (such as wages, job duties, or training) among employees within the unit

14.1g NLRB Representation Election

*If it succeeds in signing up 30 percent of employees within the bargaining unit, the union petitions for a NLRB-conducted election. The petition to hold representation elections usually is initiated by the union, although employers, under certain circumstances, have the right to petition for one.. Prior to the election, the NLRB holds a pre-election hearing with the employer and union, or unions, seeking to represent the employees *In 2016, the NLRB held 1,496 conclusive representation elections, of which 68 percent resulted in union wins. *Today unions represent more than 34.4 percent of all government workers in the United States (compared with just 11 percent in 1960 - Public Unions

13.1d Privacy Rights

*It involves the individual's right to be given personal autonomy and to be left alone... Meanwhile, employers defend their right to monitor employees' activities when they directly affect a business, its productivity, workplace safety, and/or morale *Pro-drug testing states generally permit testing, provided that strict testing procedures are followed. By contrast, states with restrictive drug-testing laws generally prohibit testing for drugs except in very specific circumstances and for drugs listed in state regulations... And some drugs that would otherwise be illegal, such as opiates and medical marijuana, are legitimately prescribed for certain conditions *we explained that studies have failed to show that drug testing makes the workplace safer and that alcohol appears to create more problems than drugs... Illegal substances remain in urine for various periods of time: cocaine for approximately 72 hours, marijuana for 3 weeks or longer... - Substance Abuse and Drug Testing -- Safety Sensitive Positions -- Criticisms of Drug Testing - Impairment Testing

14.4a Negotiated Grievance Procedures

*It is considered by some authorities to be the heart of the bargaining agreement, or the safety valve that gives flexibility to the whole system of collective bargaining *the union filed a grievance against a supervisor when it believed the supervisor promoted an employee out of seniority order—called a bypass grievance. *One authority has noted, "The grievance procedure fosters cooperation, not conflict, between the employer and the union.grievance procedure: A formal procedure that provides for the union to represent members and nonmembers in processing a grievance.

14.1a Why Employees Unionize

*It started with "Occupy Wall Street" in 2011 where many citizens became angry at the large sums of bail out money paid to corporate America, and then moved to the "Fight for 15" where the Service Employees International Union supported a series of protests and strikes to get fast-food and other service employers to pay workers $15 per hour *While traditional unions have dramatically declined in the last few decades (from 20 percent of all U.S. workers in 1983 to 10 percent in 2016), there has been a recent rise of alternative collective labor structures and a newfound interest in unions among millennials.. Younger employees want work-life balance, a team-oriented work culture, and transparency concerning compensation and promotion—all values similar to those espoused by unions.

13.2b Setting Organizational Rules

*Neglecting to communicate the rules is a major reason disciplinary actions taken against employees are reversed.

13.1c Job Protection Rights

*Nonetheless, workers have certain expectations about the employment relationships they have with their employers *An employer's oral or written statements may constitute a contractual obligation if they are communicated to employees and employees rely on them as conditions of employment *The confusion and conflict between the traditional rights of employers to terminate at will and the rights of employees to be protected from unjust discharge are far from resolved. HR specialists recommend firms follow the suggestions given in Figure 13.3. *Including employment-at-will statements in all employment documents—for example, employee handbooks, employment applications, and letters of employment *Noncompete agreement. This provision prevents ex-employees from either becoming a competitor or working for a competitor for a designated period of time, for example, 1 or 2 years. Noncompete agreements are designed to protect confidential information, customer relations, and other valuable assets *Employees may believe retaliation occurs when managers transfer them to lower-rated jobs, deny them salary increases or promotions, impose on them unrealistic job assignments, or become belligerent or uncommunicative with them after they file discrimination complaints or receive a favorable settlement *To prevent retaliation charges, employers should implement a separate anti-retaliation policy and train managers and supervisors in acceptable and unacceptable methods to resolve employee complaints *Congress passed the Worker Adjustment and Retraining Notification (WARN) Act, which requires organizations with more than 100 employees to give employees and their communities 60 days' notice of any closure or layoff affecting 50 or more full-time employees - Employment at Will - Wrongful Discharge - Whistle-Blowing - Implied Contract - Explicit Contracts - Constructive Discharge - Discharge as a Result of Retaliation - Discharges of the WARN Act

11.3f Pension Plans

*Today, about 60 percent of households nearing retirement have 401(k)-type of accounts.However, unlike defined benefit pension plans, which guarantee payments based on years of service, the 401(k) plan guarantees nothing. *Along with 401(k) saving plans, a significant development in pension planning has been cash balance saving plans. With cash balance plans, the employer makes a yearly contribution into an employee's retirement savings account *Private pension plans are subject to federal regulation, including vesting rules, under ERISA - Types of Pension Plans - 401(k) Savings Plans - Cash Balance Pension Plans - Federal Regulation of Pension Plans

14.1d Organizing Campaigns

*Once employees desire to unionize, a formal organizing campaign may be started either by a union organizer or by employees acting on their own behalf *appoint a HR Manager when: supervisors/employees need training, labor turnover rate is high or dramatically increasing, employee morale is low, over 100 employees, difficulty recruiting, operate in competitive industry for labor *one out of four union campaigns, unions are unable to secure a first contract after winning a representation election *Large unions in the United States are now reconsidering their political affiliations as a result of the actions President Trump has taken to try to bring jobs back to America *the employer agrees to accept a card check to recognize the union if the union produces sufficient employee-signed authorization cards *Cyberunions" seek to apply computer technology to all aspects of organizing activity...The funds are used to support innovative alt-labor movements that will lead to more innovative organized labor unions - 5 Organizing Steps described by Moser: (1) Employee + union contract, (2) initial organizational meeting, (3) formation of in-house organizing committee, (4) election petition + voting preparation, (5) contract negotiations - Aggressive Organizing Tactics: political involvement, neutrality agreements, Organizer training, corporate campaigns, information technology,

11.3 Work-Life Discretionary Benefits

*One research report shows that 60 percent of employees prefer to have work-life balance benefits, and that employees are 20 percent more engaged in and satisfied with their job when they've hit the right work-life balance *And as Millennials trend toward dominating the job market, attracting this demographic means adjusting programs to include the kinds of benefits they want, like 401(k) matching, onsite nutritionists, corporate-wide community events and challenges, the ability to work from home, and opportunities to volunteer or contribute to social causes

11.1c Communicating Employee Benefits

*One survey from a research and consulting firm found that 4 of 10 U.S. employees lack any knowledge of the costs of their benefits, and of the 60 percent who think they know the cost of their benefits, only 15 percent could provide a reasonable estimate. But even as employees become more aware of the cost of their benefits, many of them still do not realize exactly what employers are paying or why they try to keep benefits costs down. *In one settlement, Providence Health & Services, a nonprofit hospital chain, paid $352 million to settle a proposed class action accusing the organization of using religious affiliation as church exemption to avoid ERISA requirements of minimum funding and failing to protect employees' retirement plans *the level of complexity of the benefit information being communicated is likely to determine media selection. *"We wanted to talk to our co-workers in a way they are talking," says Beth Gleba, corporate information manager for IKEA, North America. *Samsung, once struggling to engage staff about their benefits, now has reached the stage where 95 percent of its employees have used Highlights. *In terms of the costs and access to care, the law requires group health plans to treat mental health benefits the same way they do medical and surgical benefits *firms are also penalizing employees for unhealthy habits by charging them higher health care premiums for habits such as smoking *This means employees can pay less if they are willing to travel abroad for medical procedures where they often cost only a fraction of what they do in the United States *Because of this policy change, Cerner Corporation employees were more likely to use or start a new medication for anxiety or depression and reported positive health outcomes - Cost Containment Strategies - Containing Medical Benefits Costs -- HDHP, Health care spending account (HSA), HMO, PPO, - Containing Dental, Optical, and Mental Benefits Costs - Containing Additional Costs - Value Based Health Initiatives - Wellness Programs - Disease Management Programs - Employee Assistance Programs (EAPs) - Counseling Services

11.1b Administering Benefits

*Online benefits systems are often referred to as employee self-service (ESS) systems and can result in significant cost savings in benefits administration, improving accuracy of decisions, decreasing processing time, and greater employee satisfaction. This system is so successful because it gives employees the information and responsibility of personalizing and tracking their own benefits.

11.3e Other Benefits and Services

*Proactive employers view educational assistance programs, also called tuition aid, as a strategic business tool to support talent management and develop leadership *For example, PwC offers its employees $1,200 per year for student loan debt reimbursement. - Credit Unions - Educational Assistance - Retirement Programs - Preretirement and Phased Retirement Programs

11.2f Benefits Provided under the Family and Medical Leave Act

*The Family and Medical Leave Act (FMLA) applies to employers having 50 or more employees during 20 or more calendar workweeks in the current or preceding year *Serious health condition of the employee *California and New Jersey—require employers to provide paid leave to parents following childbirth or adoption

11.2b Unemployment Insurance

*The rates firms pay also depend upon their layoff records, or what is referred to as their experience ratings. Generally speaking, a firm with a record of laying off large numbers of employees will have to pay a higher rate than those that do not.

14.1b Challenges of Unions to Management

*The union ended up putting so much pressure on the company that the company had to shut down because it could not compete with other nonunion shops..Employers quite naturally seek to claim many of these decisions as their exclusive management prerogatives—decisions over which management claims exclusive rights. *To avoid these constraints, many organizations try to ensure the work environment is a place where people are well compensated, management is supportive and collaborative with workers, and all people are treated equally

14.2a Preparing for Negotiations

*This permits collective bargaining to be conducted on an orderly, factual, and positive basis with a greater likelihood of achieving desired goals. Assuming that the labor agreement is not the first to be negotiated by the parties, preparation for negotiations ideally start soon after the current agreement has been signed. *The chief negotiator for management is the vice president or manager for labor relations; the chief negotiator for the union is the local union president or national union representative. Others making up management's team may include representatives from accounting or finance, operations, employment, legal, or training. The local union president is likely to be supported by the chief steward, various local union vice presidents, and a representative from the national union

14.2 The Bargaining Process

*Those unfamiliar with contract negotiations often view the process as an emotional conflict between labor and management, complete with marathon sessions, fist pounding, and smoke-filled rooms. In reality, negotiating a labor agreement entails long hours of extensive preparation combined with diplomatic maneuvering and the development of bargaining strategies

14.2f Interest-Based Bargaining

*Unfortunately, as noted by one labor negotiator, "adversarial bargaining does little to establish a long-term positive relationship based on open communications and trust. By its nature, it leads to suspicion and compromise

14.4 Administration of the Labor Agreement

*as managers in unionized organizations know, the bulk of labor relations activity comes from the day-to-day administration of the agreement because no agreement could possibly anticipate all the forms that disputes may take. In addition, once the agreement is signed, each side will naturally interpret ambiguous clauses to its own advantage

14.1c Union Avoidance Practices

*there are six practices or principles companies can adopt to decrease the chances of employees wanting to unionize: pay, promote from within, cultural audits, job rotations + training programs, share important information, ensure desirable working conditions *Companies that practice open book management are more likely to earn the trust and commitment of their employees to avoid push back from unions and consumers at financial troubles.. Delta also closed a call center in India, sparking a trend among airlines and U.S. companies in general to bring back jobs *

14.5 Contemporary Challenges to Labor Organizations

*two important issues facing unions today: decrease of union membership and foreign competition and technological advances

13.2d Approaches to Disciplinary Action

- Progressive Discipline - Positive Discipline

14.2g Management and Union Power in Collective Bargaining

- Union Bargaining Power - Management Bargaining Power

backup care program

A benefit program whereby an employer provides or subsidizes temporary care for its employee's elders or children when their regular arrangements fall through.

Ombudsman System

A designated individual from whom employees may seek counsel for resolution of their complaints. *Because the ombudsman has no authority to finalize a solution to the problem, compromises are highly possible, and all parties concerned tend to feel satisfied with the outcome

bargaining unit

A group of two or more employees who share common employment interests and conditions and may reasonably be grouped together for purposes of collective bargaining.

vesting

A guarantee of accrued pension benefits to participants at retirement age, regardless of their employment status at that time. *The Employee Retirement Income Security Act also requires minimum funding standards be followed to ensure pension benefits will be available to employees when they retire *Another growing concern is that the PBGC—which has a $34 billion deficit of its own that has been growing annually—will be unable to meet its financial obligations.

labor relations process

A logical sequence of five events: (1) workers desire collective representation, (2) the union begins its organizing campaign, (3) the NLRB representation process begins, (4) collective negotiations lead to a contract, and (5) the contract is administered. *Laws and administrative rulings influence each of the separate events by granting special privileges to or imposing defined constraints on workers, managers, and union officials.

High Deductible Health Plan (HDHP)

A medical insurance plan characterized by high deductibles but lower premiums for workers and a health spending account to which employers contribute funds employees can keep should they leave the organization. *An advantage of HSAs is that the funds remaining in the account at the end of the year belong to the employee, even if he or she leaves the company. Employees often like HDHPs for this reason and because the regular premiums deducted from their paychecks for insurance are generally lower than they are with other types of health care plans such as health maintenance organizations (HMOs) and preferred provider organizations (PPOs). For this reason, HDHPs are sometimes referred to as consumer-driven plans

preferred provider organization (PPO)

A network of physicians who establish an organization that guarantees lower health care costs to employers and their employees. *A health reimbursement account (HRA) allows employees to be reimbursed by their companies for their out-of-pocket expenses. Employees do not have to pay taxes on the amounts they are reimbursed, which is what they would have to do if the reimbursements were made through their paychecks. A flexible spending account (FSA) is another type of account employees use to pay for their health-related expenses. Employees fund these accounts by having money deducted from their paychecks. The money deducted is not subject to taxes, so workers have more to spend on their health care than they would without the accounts

severance pay

A one-time payment sometimes given to an employee who is being involuntarily terminated.

Supplemental unemployment benefits (SUB)

A plan that enables an employee who is laid off to draw weekly benefits from the employer, which draws from a fund created for this purpose, in addition to state unemployment compensation.

open door policy

A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact. *As an employee once told the authors of this text, "My manager has an open-door policy, but the door is only open one inch."

phased retirement

A program that allows its employees to gradually cut their hours before retiring.

authorization card

A statement signed by an employee authorizing a union to act as a representative of the employee for purposes of collective bargaining. *least 30 percent of the employees must sign authorization cards before the NLRB will hold a representation election.

step review system

A system for reviewing employee complaints and disputes by successively higher levels of management.

peer review system

A system for reviewing employee complaints that utilizes a group composed of equal numbers of employee representatives and management appointees. The group weighs evidence, considers arguments, and, after deliberation, votes to render a final decision. *also called a complaint committee, is composed of equal numbers of employee and management representatives.

13.2f Alternative Dispute Resolution Procedures

A term applied to different employee complaint or dispute resolution methods that do not involve going to court. *In unionized workplaces, grievance procedures are stated in virtually all labor agreements. In nonunion organizations, however, alternative dispute resolution (ADR) methods are often used... Although the right to require employees to sign ADR agreements is supported by court decisions, to be enforceable—they must be fair and equitable to both employees and employers.... As one legal expert has noted, "As much as possible, the agreement should provide employees with the same rights and remedies that they would have enjoyed had their day in court been available to them. *Private employers may require that employees settle their disputes through arbitration... Arbitration is used primarily to resolve discrimination suits related to age, gender, sexual harassment, and race... In EEOC v. Waffle House Inc., the U.S. Supreme Court ruled that even when an employee has signed a mandatory arbitration agreement, if it chooses to, the EEOC can file a suit in its own name and recover monetary damages for the individual. Writing for the Court, Justice John Paul Stevens noted, "The EEOC has the authority to pursue victim-specific relief regardless of the forum that the employer and the employee have chosen to resolve their dispute." - Step Review Systems - Peer Review Systems - Open Door Policy - Ombudsman System - Mediation - Arbitration

arbitrator

A third-party neutral who resolves a labor dispute by issuing a final decision in the disagreement. *Compared with mediation, arbitration is not often used to settle private sector bargaining disputes. In the public sector, where strikes are largely prohibited, the use of interest arbitration is a common method to resolve bargaining deadlocks. *An arbitrator generally is called on to resolve disputes arising in connection with the administration of the agreement, called rights arbitration or grievance arbitration, which will be discussed shortly.

Impairment Testing

Also called fitness-for-duty or performance-based testing, it measures whether an employee is alert enough to work.

bargaining zone

An area in which the union and the employer are willing to concede when bargaining. *If that party refuses to modify its demands sufficiently to bring them within the bargaining zone or if the opposing party refuses to extend its limit to accommodate the demands of the other party, a bargaining deadlock results

union stewards

An employee who as a nonpaid union official represents the interests of members in their relations with management. *Of the factors mentioned, organizing campaigns based on social concerns (e.g., justice, equality, and teamwork) are more successful than campaigns based on dissatisfaction with management or even economic issues *Of the factors mentioned, organizing campaigns based on social concerns (e.g., justice, equality, and teamwork) are more successful than campaigns based on dissatisfaction with management or even economic issues

constructive discharge

An employee's voluntary termination of his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer. *That is, the employees were "forced" to resign because of intolerable working conditions purposefully placed upon them by the employer. The courts, by formulating the constructive discharge doctrine, attempt to prevent employers from accomplishing covertly what they are prohibited by law from achieving overtly.

Flexible Benefits Plans i.e. cafeteria plans

Benefit plans that enable individual employees to choose the benefits that are best suited to their particular needs. *Furthermore, companies realize they can get a better return on investment by tailoringbenefits to an employee's stage of life or family status

elder care

Care provided to an elderly relative by an employee who remains actively at work. *The majority of caregivers are women.

whistle blowing

Complaints to governmental agencies by employees about their employers' illegal or immoral acts or practices. *A number of federal and state laws protect whistle-blowers from retaliation from their employers. The Sarbanes-Oxley (SOX) Act protects whistle-blowers employed in publicly traded companies. The law encourages whistle-blowing by motivating publicly held companies to promote a more open culture that is sympathetic to employees who have a "reasonable belief" that a law has been violated. Federal employees are covered by the federal Whistleblower Protection Act (WPA) *Not only is whistle-blowing a protected right of employees, but also these cases result in embarrassment for employers, harassment for employees, and large fines for employers that are found guilty. Nest, which happens to be owned by Google, ended up paying nearly $200 million in fines and fees. .. You can rest assured that Nest now has a website for employees to blow the whistle internally before they have to go outside the company to find justice. The website also encourages employees to stop friends from leaking important information. You could say it promotes whistle-blowing on whistle-blowers.

13.1 Employee Rights and Privacy

Employee Rights: Guarantees of fair treatment that become rights when they are granted to employees by the courts, legislatures, or employers. *Included among those rights are the rights of employees to protest unfair disciplinary actions, to question genetic testing, to have access to their personal files, to challenge employer searches and monitoring, and to be largely free from employer discipline for off-duty conduct *The evolution of employee rights is a natural result of the evolution of societal, business, and employee interests *They claimed their privacy rights had been violated, but the Supreme Court of California ruled against them, saying that their employer had a legitimate business reason for conducting the surveillance.

Wellness Programs

Employer-sponsored programs designed to encourage employees to maintain and improve their health and well-being by getting regular checkups, eating properly, exercising, and managing their stress levels so as to prevent costly and protracted illnesses. *wellness recognition programs where employees nominate one employee who sets and achieves their wellness goal for a prized patch to wear on their apron and recognition from The Home Depot

14.1e Employer Tactics Opposing Unionization

Employers use a two-pronged campaign to fight unionization. First, when possible, employers stress the favorable employer-employee relationship they have experienced in the past without a union. Second, employers emphasize any unfavorable aspects of unionism including strikes, the payment of union dues and special assessments, and published abuses of members' legal rights, along with any false promises made by the union in the course of its campaign

psychological contract

Expectations of a fair exchange of employment obligations between an employee and employer. *It consists of an employer and an employee's beliefs about the mutual obligations they have toward one another

13.2a The Result of Inaction

Figure 13.11 presents a disciplinary model that illustrates the areas where provisions should be established. The model also shows the logical sequence in which disciplinary steps must be carried out to ensure enforceable decisions.

employee associations

Labor organizations that represent various groups of professional and white-collar employees in labor-management relations.

11.2 Employee Benefits Required by Law

Legally required employee benefits constitute 19 percent of the benefits package that employers provide.

11.3d Long-Term Care Insurance

Long-term care insurance is designed to pay for nursing home and other medical-related costs during old age. Because the workforce is aging and people are living longer, a small but growing number of employers are finding that long-term care insurance can be a strategic benefit to attract and retain employees, particularly workers caring for older parents and relatives.

11.2d COBRA Insurance

Recall that the Consolidated Omnibus Budget Reconciliation Act mandates that employers make health care coverage—at the same rate the employer would pay—available to employees, their spouses, and their dependents on termination of employment, death, or divorce

11.3g Domestic Partner Benefits

More employers are granting benefits to employees who establish domestic partnerships, which can consist of both same-sex and unmarried opposite-sex couples *A requirement that each not be a blood relative *several California cities, including Berkeley, Los Angeles, Oakland, and San Francisco, have adopted an ordinance that requires all companies with city contracts to extend domestic partner benefits to their employees who reside in the city or who work on contracts for the city

health maintenance organizations (HMOs)

Organizations of physicians and health care professionals that provide a wide range of services to subscribers and dependents on a prepaid basis. *Employees who sign up for the plan must choose a general-practice physician, called a primary-care physician, from the HMO's list of doctors

14.5a Decrease in Union Membership

Other reasons for the decline in union membership include the following: - A shift from traditional unionized industries (manufacturing, mining) to high-technology industries (information technology, health care) - Growth in the employment of part-time and temporary workers - Growth in small businesses, in which unionization is more costly and difficult to perform - Globalization of the workforce particularly among low-wage employers *Furthermore, unions see recent immigrants, the fastest-growing segment of working people, as a potent prospect for union growth *There is a Wall Street wing that seeks to undermine Donald Trump's promises to workers." Trumka pointed out the efforts that unions are taking to organize white-collar workers such as graduate students and technology professionals, as well as hotel and fast-food worke

interest-based bargaining

Problem-solving bargaining based on a win-win philosophy and the development of a positive long-term relationship. *is based on the identification and resolution of mutual interests rather than the resolve of specific bargaining demands *The focus of bargaining strategy is to discover mutual bargaining interests with the intent of formulating options and solutions for mutual gain

due process

Procedures that constitute fair treatment, such as allowing an employee to tell his or her story about an alleged infraction and defend against it.

Disease Management Programs

Programs that provide patients and their caregivers with information on monitoring and treating medical conditions, while coordinating communication between them, their health care providers, employers, and insurers.

Employee Assistance Program (EAP)

Services provided by employers to help workers cope with a wide variety of problems that interfere with the way they perform their jobs. *An employee assistance program typically provides diagnosis, counseling, and referral for advice or treatment when necessary for problems related to alcohol or drug abuse, emotional difficulties, and financial or family difficulties *After Cerner Corporation offered its employees an EAP program, the company's outpatient mental health care costs declined by nearly 41 percent

unfair labor practices (ULPs)

Specific employer and union illegal practices that deny employees their rights and benefits under federal labor law. *some of the activities in which managers or supervisors should not engage e.g. attending union meetings

11.2c Workers' Compensation Insurance

State-mandated insurance provided to workers to defray the loss of income and cost of treatment due to work-related injuries or illness.

14.2e Good-Faith Bargaining

The Taft-Hartley Act requires an employer to negotiate in good faith with the union's representatives over conditions of employment (the same obligation applies to the union representatives) *In discussing the other party's proposals, each side must offer reasonable counterproposals for those it is unwilling to accept. Finally, both parties must sign the written document containing the agreement reached through negotiation

National Labor Relations Board (NLRB)

The agency responsible for administering and enforcing the Wagner Act. It serves the public interest by reducing interruptions in production or service caused by labor—management strife. *The ability of workers to form a union and collectively bargain with an employer is a legal right granted by the National Labor Relations Board (NLRB)

Progressive Discipline

The application of corrective measures by increasing degrees. *Progressive discipline is designed to motivate an employee to correct his or her misconduct voluntarily. A number of factors must be considered in determining how severe a disciplinary action should be. Some of the factors to consider are listed in Figure 13.12.

13.1b Negligent Hiring

The failure to provide reasonable care when such failure results in injury to consumers or other employees. *A general responsibility exists for employers to exercise reasonable care in preventing employees from intentionally harming other employees during the course of their work. *Unfortunately, when one employee commits a violent act against another employee or an employee willfully defames another employee through email messages communicated at work, the employer may face a negligent-hiring lawsuit claiming that the employer should have used more reasonable care in the hiring of its employees

exclusive representation

The legal right and responsibility of the union to represent all bargaining unit members equally, regardless of whether employees join the union or not. *A union receiving 14 yes votes among the 27 voting (a majority) would be declared the winner, and the union would bargain for all 100 employees. By law the union would be granted exclusive representation over all bargaining unit employees. The union is certified by the NLRB as the bargaining agent for at least a year or for the duration of the labor agreement.

bargaining power

The power of labor and management to achieve their goals through economic, social, or political influence.

11.3c Life Insurance

The premium costs are normally paid by the employer, with the face value of the life insurance equal to two times the employee's yearly wages. These programs frequently allow employees to purchase additional amounts of insurance for nominal charges

collective bargaining process

The process of negotiating a labor agreement, including the use of economic pressures by both parties.

employment-at-will relationship

The right of an employer to fire an employee without giving a reason and the right of an employee to quit when he or she chooses. *Because the duration of the employment is indefinite, it can, in general, be terminated at the whim of either party. Does the employment-at-will doctrine give managers and supervisors the unrestricted right of termination? No.

Mediation

The use of an impartial neutral to reach a compromise decision in employment disputes. * Mediator: A third party in an employment dispute who meets with one party and then the other to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement. *A cornerstone of mediation is that the parties maintain control over the settlement outcome

14.1 The Labor Relations Process

Unions represent an organized association of workers formed to further the interests of the individuals working for an employer.

14.3b Union Security Agreements

Where an employer and the union agree on the extent to which the union may compel employees to join the union and how the dues will be collected. *In exchange for this obligation, union officials will seek to negotiate some form of compulsory membership as a condition of employment

wrongful discharge

a discharge, or termination, of an employee that is illegal *A wrongful discharge is one that is illegal. Wrongful discharge suits challenge an employer's right under the employment-at-will concept to unilaterally terminate employees

Contributory vs Noncontributory Plan

contributory: A pension plan in which contributions are made jointly by employees and employers. noncontributory: A pension plan in which contributions are made solely by the employer.

craft vs industrial unions

craft: Unions that represent skilled craft workers. industrial: Unions that represent all workers—skilled, semiskilled, unskilled—employed along industry lines. *For example, the UAW represents workers in diverse industries from auto manufacturing to agriculture, health care to higher education

Defined Benefit vs Defined Contribution Plan

defined benefit: A pension plan in which the amount an employee is to receive on retirement is specifically set forth. defined contributory: A pension plan that establishes the basis on which an employer will contribute to the pension fund. *As a result, these plans pose more financial risk for employees than defined benefit plans do. However, employers have come to prefer them because they do not have to shoulder all of the responsibility of funding them

13.2 Disciplinary Policies and Procedures

discipline: A tool, used to correct and mold the practices of employees to help them perform better so they conform to acceptable standards.

13.3 Managerial Ethics in Employee Relations

ethics: A set of standards of conduct and moral judgments that help to determine right and wrong behavior. *Ethics provides cultural guidelines—organizational or societal—that help us decide between proper or improper conduct. In an ethical organization, managers are honest in their dealings with employees, and each group has mutual respect for the other...

14.5b Globalization and Technological Change

offshoring: defined as work that was previously carried out in one country to another, has been examined with great fear and trepidation in the last 20 years. *As a result, unions are demanding more government protection against imports, seeking to protect U.S. jobs from low-cost overseas producers. To add to that, in recent years, the service sector of the U.S. economy has witnessed the outsourcing of white-collar jobs to foreign employers in locations such as India and Indonesia *Improvements in computer technology and highly automated operating systems have lowered the demand for certain types of employees. Decline in membership in the auto, steel, rubber, and transportation unions illustrates this fact.

Positive Discipline

positive or non-punitive discipline: A system of discipline that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem. *Positive discipline is based on the concept that employees must assume responsibility for their personal conduct, job performance, and careers

14.4b Grievance Arbitration

rights arbitration: Arbitration over interpretation of the meaning of contract terms or employee work grievances. *This third party's decision dictates how the grievance is to be settled.Both parties are obligated to comply with the decision fair representation doctrine: A doctrine under which unions have a legal obligation to assist both members and nonmembers in labor relations matters. - Arbitration Hearing - Arbitration Award: submission agreement, facts of case, positions of parties, opinion of arbitrator, decision rendered... use four factors: wording of labor agreement, submission agreement, testimony/evidence, arbitration criteria *The process begins with the swearing-in of witnesses and the introduction of the submission agreement. The submission agreement is a statement of the problem to be resolved. *Each of these influences introduces subjectivity into the decision-making process

Sabbaticals

sabbatical is paid (or unpaid) time away from a job for 4 or more weeks that employees take off to renew themselves before returning to work. Historically, sabbaticals have been associated with academia, but in the 1960s, companies, including McDonald's, began to adopt them. Fortune magazine has added sabbaticals to their criteria for naming the 100 Best Companies to Work For