employee relations 2

random drug testing challenges

Probable cause. False positives. Security. Alternative testing.

Presidential EO requires federal agencies to:

Promote greater use of mediation, arbitration, early neutral evaluation, agency ombudspersons, and other alternative dispute resolution techniques. Promote greater use of negotiated rulemaking.

whistle-blowing, employee rights challenge

Retaliation. Internal procedures. Top-management support

Offenses Requiring a Written Warning; Second, Termination

Sleeping on the job. Failure to report to work one or two days in a row without notification. Negligent use of property.

discipline

State of employee self-control and orderly conduct.

circuit city vs adams

Supreme Court ruling greatly enhanced employer's ability to enforce compulsory alternative dispute resolution agreements.

A coordinated and cross-functional effort to continuously collect and combine a variety of critical data sources to drive and enhance company performance.

Surveys are slow to collect and disseminate results. Are large scale and expensive - worth the effort? Can only provide input on questions asked. Input from employees is already coming in from a variety of sources.

basic requirements of a nonunion grievance procedure

All employees must know about the procedure and exactly how it operates. Employees must believe that there will be no reprisals taken against them for using it. Management must respond quickly and thoroughly to all grievances. Provide employees with an appeal process.

Services such as job search support, alternative career exploration, résumé critiques, job interviewing training, career coach, and networking opportunities

Almost always outsourced (e.g., Right Associates, Challenger-Grey-Christmas, Drake-Beam-Morin, Lee-Hecht-Harrison).

Offenses Requiring Verbal Warning, Written Warning, then Termination

Negligence in the performance of duties. Unauthorized absence from job. Inefficiency in the performance of job.

office romance restrictions

Policies. Supervisor/subordinate relationships

open door policies

- Some organizations have firm Open Door policies that provide employees access to upper management to address grievances. EXAMPLE: TJ Maxx

continuous listening

A coordinated and cross-functional effort to continuously collect and combine a variety of critical data sources to drive and enhance company performance.

just cause

A standard for determining whether to terminate an employee based on a standard; the standard is based on whether an employee violated company policy or work rules and the severity of the violation.

Hot-Stove Rule

Argument that the best discipline follows the hot stove rule: Burns immediately. Provides warning. Gives consistent punishment. Burns impersonally. Problem: All situations are not the same.

Disciplinary Action

Managers often avoid disciplinary action, even when it is in company's best interest. Many supervisors may be too lenient early in disciplinary action process and too strict later. Proper time and place to administer disciplinary action is crucial.

Assume company determines there are unhappy employees in a particular location by doing sentiment analysis of emails eminating from there

Company then sends an informal pulse survey to a sample of employees to explore further. If pulse survey highlights the issue (e.g., the manager or some new policy), company can then decide what action to take. Can also use the same sources to see if the action was effective

demotion

Demotions may be used as alternative to discharge. Process of moving worker to lower level of duties and responsibilities, usually involving reduction in pay. Usually spelled out clearly in the labor-management agreement.

7 Tests for Just Cause:

Did the company give to the employee forewarning or foreknowledge of the probable disciplinary consequences of the employee's conduct? Was the company's rule reasonably related to (a) the orderly, efficient, and safe operation of the company's business and (b) the performance that the company might properly expect of the employee? Has the company applied its rules, orders, and penalties even-handedly and without discrimination to all employees? Was the degree of discipline administered by the company in a particular case reasonably related to (a) the seriousness of his employee's proven offense and (b) the record of the employee in his service with the company? Did the company, before administering discipline to an employer, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? Was the company's investigation conducted fairly and objectively? At the investigation did the company "judge" obtain substantial and compelling evidence or proof that the employee was guilty as charged?

electronic monitoring

Employee theft. Invasion perception. Employee awareness. `

continuous input listening comes from

Engagement survey. Mini-polls and informal pulse surveys. Social analytics and sentiment analyses. Graffiti wall.

progressive disciplinary action

Ensures minimum penalty appropriate to offense is imposed. Model developed in response to National Labor Relations Act of 1935. Involves answering series of questions about severity of offense. Progressive Discipline: Verbal warning. Written warning. Suspension. Discharge.

alternative dispute resolution includes

Grievance procedures. Ombudspersons. Open-door policies. Arbitration/mediation. Uses range from racial, gender, and age discrimination to unfair firings. g

most employee suggestion programs have

Guidelines as to what will be considered and how to make a suggestion (what is the idea, where did it come from, how will help the company, etc.). A cross-functional Review Committee, consisting of employees from all levels who meet and evaluate which suggestions to act on. Continuous promotion (e.g., highlighting employee ideas in the company newsletter, website, intranet, etc.).

disciplinary action

Invokes penalty against employee who fails to meet established standards. Effective action: Addresses employee's wrongful behavior, not employee as a person. Should be applied consistently. Usually management's last response to a problem.

administering discipline

Losing your temper. Avoiding disciplinary action entirely. Playing therapist. Making excuses for an employee. Using a non-progressive approach

communicating the termination decisions

Monday afternoons. Short meeting, nonaccusatory language. Avoid discussion of reasons for termination. Have witness attend the termination meeting. Neutral location.

Helps displaced employees manage the transition from one job to another

Teaches job search skills. Provides a place to go each day. Provides a support group of similarly displaced workers.

Offenses Requiring Immediate Termination:

Theft. Fighting on the job. Drug use on the job. Failure to report to work three days in a row without notification

Objectives of Alternative Dispute Resolution

To increase organizational commitment and performance by treating employees fairly and by identifying problem areas. To avoid costly lawsuits. To prevent unionization

Employee suggestion programs

Typically a formal program for soliciting ideas from employees (e.g., how to cut costs, improve efficiency, make/provide something new, etc.). Implemented ideas are often rewarded (e.g., 20% of first year savings, items selected from a catalogue).

Mediation

a neutral third party acts as a mediator and works with both sides of the negotiations to facilitate a resolution

provides warning

advance warning that punishment will follow after unacceptable behavior

ombudsman programs

an independent person (often from HR) is assigned the role of hearing both sides and effectively acting as judge. More common in ILMs where retention is an important issue.

Arbitration alternative employee disputes

employers are increasingly requiring employees to resolve disputes via arbitration rather than the courts (e.g., as condition of employment, employee agrees to give up his/her right to sue in court).

gives consistent punishment

disciplinary action should be consistent so everyone who performs the same act will be punished accordingly

formal dispute resolution

firms whose employees have a formal mechanism for DR are those where employee and company agree ahead of time how problems will be addressed (i.e., via specific, mutually acceptable means or procedures).

burns immediately

if disciplinary action is to be taken, it must occur immediately so that the individual will understand the reason for it.

minimal dispute resolution

many organizations provide little in the way of internal options to employees who feel they have been aggrieved. At best, the employee can take his/her concerns to their supervisor and maybe to Human Resources. There is no assurance that the issue will be addressed at all, much less in fair manner

employee rights challenge

moonlighting restrictions

Arbitration

process in which a dispute is submitted to an impartial third party for a binding decision, an arbitrator basically acts as a judge and jury

dispute resolution

the extent to which the organization recognizes the legitimacy of employee concerns and provides formalized methods of resolving disputes between the employee and the firm (or its representatives).

employment at will

the legal concept that an employee may be terminated for any reason or may leave for any reason at anytime