Please enable JavaScript.
Coggle requires JavaScript to display documents.
EMPLOYEE & LABOR RELATIONS - Coggle Diagram
EMPLOYEE & LABOR RELATIONS
LABOR RELATIONS
refers to the way organizations manage their relationships with employees as a collective group rather than individually
LABOR or TRADE UNION
is a group of workers who coordinate their activities to achieve common goals in their relationship with an employer or group of employers
:check: HR is primarily to support the organization’s union relations strategy and administer contracts.
TYPES OF UNION
Single enterprises
Specific trades of crafts
National
Industry
6 characteristics that HR professionals should try to identify
Level at which bargaining occurs
Focus of bargaining topics
Union penetration or density
Membership
Relationship with management
Role government will play
GOVERNMENT & OTHER THIRD PARTY LABOR GROUP
Employer or industry associations.
In some countries, contracts may be negotiated at a multi-employer level (industry level or national level)
PLA (project labor agreement) requires specific contractors to accept certain conditions in project contracts
National governments and agencies
national governments are always a part of the labor relationship in that they legislate and regulate aspects of the employee relationship and the employers’ relationship with unions and works councils
Tripartism: a collaboration of governments, employers, and unions
International groups.
Global Jobs Pact: issued recommendations for steps that all parties could take to meet the economic crisis
Governments could invest in jobs and provide social protections
Employers could recommit to ILO labor standards and apply flexible work arrangement
Local governments, nongovernmental organizations, religious institutions, and community groups
are usually more active at a local level, applying pressure on social justice issues and helping to support social programs during economic crises
EMPLOYMENT RELATIONSHIP
8 INTERNATIONAL LABOR STANDARD BY ILO (international labor organization)
drived by 4 categories:
Promote rights at work
Encourage decent employment opportunities
Enhance social protection
Strengthen dialogue on work-related issues.
“Freedom of Association and Protection of the Right to Organize” prohibiting interference from public authorities and the requirement of authorization by employers
“Right to Organize and Collective Bargaining,” protecting workers from retaliation and obligating employers to negotiate with unions
“Forced Labor,” prohibiting forced and compulsory labor, except for military service, prison, and emergencies (for example, war, natural disaster)
“Abolition of Forced Labor,” prohibiting forced labor as a means of political coercion or punishment, retaliation for strikes, workforce mobilization, labor discipline, and discrimination
“Minimum Age,” prohibiting the hiring of children too young to have completed compulsory schooling and limiting employment in hazardous work to those 18 and over
“Worst Forms of Child Labor,” prohibiting any work likely to be harmful to the health, safety, and morals of children
“Equal Remuneration,” requiring equal pay and benefits for men and women
“Discrimination,” prohibiting discrimination in hiring, training, and working conditions and requiring employers to promote equality of opportunity and treatment
EMPLOYEE RELATIONSHIP STRATEGY
INCLUDES
Alignment with the organizational strategy, showing how the ER strategy will help the organization achieve its long-term goals
Alignment with employment laws and business practices
A vision describing the type of workplace culture the leaders hope to create
The values upon which the strategy is built—for example, respect, teamwork, mindfulness of strategically defined issues such as customer focus, quality improvement, or safety
Strategic goals and Strategic initiatives
COMMUNICATE THROUGH
:check: key is WORKPLACE POLICY
Is a broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employee activities)
policies provide a basis for HR management practices and a framework within which these practices are established.
HR’s Role in Policies and Procedures
Supports the development of policies by the organization’s leaders
Facilitates development of procedures by other departments
Supports communication of policies throughout the organization
Developing Policies and Procedures in Global Organizations
If standardization is achieved, the policies may not be fair for all.
lack of consistency and fairness in a global organization can be problematic
EMPLOYEE HANDBOOK
Make sure the handbook reflects your organization
Align your handbook with local laws and regulations
Focus on policy and policy-related procedures
Include procedures for reporting and/or resolving policy and work rule violations
Be realistic in expectations.
Keep it short, comprehensible to the average reader, and unambiguous.
MANAGER & SUPERVISOR INVOLVEMENT
They must understand the organizational ER strategy and how that strategy is aligned with specific management practices
should receive training on the organization’s policies and procedures, especially regarding the handling of conflict and discipline and development opportunities
:!: their performance evaluations should include metrics that demonstrate an ability to fulfill the ER strategy in daily work with employees.
ORGANIZED LABOR ACTIONS & UNFAIR LABOR PRACTICE
ORGANIZED LABOR ACTION
INDUSTRIAL ACTION
includes various forms of collective employee actions /“concerted activities,”
to protest work conditions or employer actions
includes employer actions taken in response to employee actions
Actions can be undertaken by unions (or labor groups in the absence of a recognized union) for a number of reasons:
To call for increased wages and benefits
To call attention to violations of contract terms, unfair treatment, unfair labor practices, or poor working conditions.
To protest proposed changes in work rules, such as how promotions or grievances are handled or work schedules are made.
To protest the way in which workers are identified for retention or termination during a downsizing
To pressure an employer to negotiate a contract.
To resist a proposed contract perceived as unfair (perhaps because it contains “clawback” provisions that will result in economic loss to employees).
To compete with other unions for the right to represent workers.
EXAMPLE ACTION of EMPLOYEE COLLECTIVE
GENERAL STRIKE
Work stoppage.
SIT-DOWN STRIKE
Refusal by workers to work; also refusal by workers to leave their workstations, making it impossible for the employer to use replacement workers.
SYMPATHY STRIKE
Action taken in support of another union that is striking the employer. Contracts may include provisions prohibiting sympathy strikes.
WILDCAT STRIKE
Work stoppages at union contract operations that have not been sanctioned by the union.
SECONDARY ACTION OR BOYCOTT
Attempt by a union to influence an employer by putting pressure on another employer—for example, a supplier.
WORK-TO-RULE
Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.
OVERTIME BAN
Similar to work-to-rule. Employees refuse to work any overtime, adhering to the hours stipulated in the contract.
PICKETING
Positioning of employees at the place of work targeted for the action for the purpose of protest. Picketing can be used for similar purposes as strikes, but there is no work stoppage. In some cases, picketers may illegally interfere with commerce at the employer’s site.
ACTION OF EMPLOYEER = LOCKOUT
employer shuts down operations to prevent employees from working.
Preventing or Mitigating the Effects of Work Actions
Strikes may arise for many reasons, including economic grievances and unfair labor practices.
ECONOMIC GRIEVANCES
arise from employees’ desire for increased wages and better benefits and working conditions
often stem from impasses during negotiations between organized labor and employers over new contracts and extensions
ULP (unfair labor practices)
is a violation of employee rights as defined in a country’s labor statutes
ULPs can be committed by employers and unions, and they can occur without the presence of a union
:check: HR should make sure that all managers and supervisors understand guaranteed employee and employer rights, the terms of union contracts, and the concept of an unfair labor practice.
EMPLOYER ULP
Interfering with an employee’s right to join a union. This could include bribing employees not to vote for or join a union or eliminating or threatening to eliminate jobs in some manner.
Discriminating among workers based on union membership, either to discourage or require membership or based on employee complaints.
Refusing to bargain with a recognized union or provide information material to negotiations.
Refusing to enforce contract provisions
Controlling or intervening in union operations.
EMPLOYEE/UNION ULP
Conspiring with employers to discriminate against employees on the basis of union membership
Interfering with freedom of speech or coercing or fining employees.
Failing to respond to member complaints
Refusing to bargain in good faith
Requiring unreasonable or discriminatory membership fees
Directing prohibited work actions
HR RESPONSING TO WORK ACTIONS
PREVETION
counsel to management, communicating the perspective of employees and the important of compliance with contracts, and improving the quality of supervision
PREPARATION to mitigate the effect of a strike
Developing a strike response plan
Creating a supply chain contingency plan to prevent and react to supply and transportation issues caused by labor actions upstream or downstream, such as strikes occurring at major ports
Training managers to identify and report signs of union strike campaigns and employee/union unfair labor practices
Organizing and training managers to take the place of workers
Setting policies to protect workers who do not take part in a strike or labor action
Identifying and arranging for contingent workers if using replacement workers is legal
Educating managers and supervisors about what they can and cannot do, thus helping avoid unfair labor practices.
WHEN A STRIKE OCCURS
implement contingency plans, deliver training, and arrange payment to replacement workers
WHEN EMPLOYEE RETURN TO WORK
HR monitors the atmosphere in the workplace and intervenes to help resolve lingering conflicts associated with the strike.
DISPUTE RESOLUTION & EMPLOYEE DISCIPLINE
WORKPLACE CONFLICT
arise in a variety of forms and for a variety of reasons.
HR may be an indirect participant, acting on behalf of the organization, or a direct participant, working to resolve disputes within the function itself.
EMPLOYEE - EMPLOYEE dispute
Some disputes may be successfully resolved by the supervisor or manager
Some, however, may be escalated to HR for investigation and action
EMPLOYER - EMPLOYEE dispute
In a unionized environment, these disputes are handled according to grievance procedures in the collective bargaining agreement
In nonunionized environments, HR is often involved in early responses to the dispute
Unresolved disputes may become complaints to third parties as employees seek resolution through litigation or complaints to government agencies
MULTICULTURAL ASPECTS of Conflict Resolution
Cultures differ in their appetites and tolerances for conflict
Cultural differences also affect the way in which the existence of conflict is acknowledged and then resolved
DISPUTE RESOLUTION
PROCESS
FIRST STAGE
is usually an informal meeting of the employee or employees with their immediate manager :check: necessary to resolve the dispute, but it also signals to the employee that the complaint is being taken seriously
FORMAL MEETING If the dispute cannot be resolved
perhaps with a higher level of management or an internal dispute resolution body such as a panel of peers
private & confidential
all involved commit to
-Listening
-Managing their own emotions
-Agreeing on goals
-Focusing on issues and facts rather than personalities
-Considering all perspectives
-Engaging in problem solving and exploring alternative solutions together.
-Reaching agreement on next steps
FINAL STEP
is to communicate to the employee the results of any investigation and management’s decision
If the employee is not satisfied with the outcome, the dispute may be escalated to the next level of management or to dispute resolution by a neutral third party.
WORKPLACE RETALIATION
Retaliation in the workplace occurs when an employer, employment agency, or labor organization takes an adverse action against an employee—often as a result of a conflict or complaint
whistleblowing
To prevent retaliation, employers should take the following steps:
Inform employees about the process for reporting alleged retaliation
Adopt and disseminate a strong antiretaliation policy
Train managers on retaliation
Remind supervisors of the organization’s policy
Monitor the treatment of employees
Investigate allegations and take corrective action if necessary
CONDUCT INVESTIGATIONS
Step 1: ENSURE CONFIDENTIALITY
The employer should explain to those involved in the complaint that all information will be kept confidential to the extent possible in an investigation
Step 2: PROVIDE PROTECTION
Provide interim protection against continued harassment or retaliation. This may require voluntary changes of schedule, leaves, or transfers.
Step 3: SELECT THE INVESTIGATOR
This individual should be able to work objectively and should have experience in investigation and knowledge of the law in this area
Step 4: CREATE A PLAN
Develop a plan for gathering evidence and conducting interviews.
Step 5: DEVELOP INTERVIEW QUESTION
Questions should be designed to encourage communication and focus on critical points.
Step 6: CONDUCT INTERVIEW
The investigator should never offer opinions and should maintain objectivity. Observations should be recorded. Follow-up questions will be important in gathering evidence.
Step 7: MAKE A DECISION
After a thorough gathering of evidence, the investigator recommends action based on the evidence and the organization’s policies and processes.
Step 8: CLOSE THE INVESTIGATION
Communicate the decision to the complainant and the accused. Make sure that the complainant feels comfortable about returning to work.
Step 10: DEVELOP WRITTEN SUMMARY OF INVESTIGATION RESULTS
The report should document both what investigatory actions were taken and what information was collected.
3rd PARTY or ADR ( Alternative dispute resolution)
uses an intermediary to create solutions and dispel conflict
FORMS
Open-door policy: Encourages employees to meet with an immediate supervisor or manager to discuss workplace problems
Ombudsperson: Designates a neutral third party (from either inside or outside the organization) to investigate employee complaints confidentially and help mediate disputes
Single designated officer: Identifies a specific individual chosen by senior management to conduct investigations and dispute resolution
Chosen officer: Permits an employee to select an arbitrator from a group of individuals
Peer review: Establishes a panel of employees (or employees and managers) trained to work together to hear and resolve employee complaints
Mediation*: Uses a neutral third person trained in mediation techniques to help both sides assess the strengths and weaknesses of their positions
Arbitration*: Submits disputes to one or more impartial persons who listen to both sides and make a final determination
:!!: If dispute resolution (such as formal grievance procedures) is defined in collective bargaining agreements; HR, managers, and supervisors must apply the grievance process as it is defined in the labor contract.
HANDLING GRIEVANCES
PROCESS
Step 1: IMMEDIATE SUPERVISOR
Employees who feel mistreated or think that their contract rights have been violated file a grievance with the immediate supervisor
Step 2: NEXT LEVEL
If the grievance is no resolved, it proceeds to the next level in the hierarchy, where the employee is represented by the union, both sides to fully document their facts and their positions.
Step 3: HIGHER-LEVEL MANAGEMENT
if the grievance is not resolved within the time period set under the union contract, it usually goes to the next level where member of the grievance committee or a representative from the union structure is involved
Step 4: THIRD-PARTY DETERMINATION
If the grievance is still not settled, a neutral outside arbitrator may be called in to settle the issue with the highest levels of each side are usually represented
GUIDELINES
DOs
investigate and handle each case as though it may
eventually result in an arbitration hearing
require the union to identify specific contract provisions allegedly violated
comply with the contractual time limits for handling the grievance
visit the work area related to the grievance
determine whether there were any witnesses
examine the employee’s personnel record
fully examine prior grievance records
comply with regulations regarding the presence and involvement of union representatives in meetings with employees
treat the union representative as your equal
hold your grievance discussions privately.
fully inform your own supervisor of grievance matters
have at least two management representatives present
Document all grievance meetings; take copious notes.
DON'Ts
make arrangements with individual employees that are inconsistent with the labor agreement or that exclude the participation of a union representative.
hold back the remedy if the employer is wrong.
admit to the binding effect of a past practice
relinquish to the union your rights as a manager
settle grievances on the basis of what is “fair.” (Use the labor agreement as your only standard.)
bargain over items not covered by the contract
give long, written grievance answers
trade a grievance settlement for a grievance withdrawal (or try to make up for a bad decision in one grievance by bending over backward in another)
deny grievances on the premise that your “hands have been tied by management.”
agree to informal amendments in the contract
establish a pattern of practices that have the effect of creating a right not specifically included in the contract.
DESCIPLINING EMPLOYEE
DISCIPLINARY ACTION
may target violations of the organization’s values & Local norms and practices that threaten the harmony of the workplace
Emphasis: corrective rather than punitive
:check: HR must be aware of certain workplace behaviors that are protected from disciplinary action by local law and make sure that managers and supervisors are aware of these exceptions.
PREVENTING Disciplinary Situations
:check: Goal: to avoid having to discipline employees in the first place
:check: Preventive measures
Review codes of conduct before implementing them
Set clear expectations
Behave consistently
Establish a climate of communication
Maintain an open-door policy
Providing DUE PROCESS is an issue of justice and consistency (and is therefore affected by the organization’s culture), but it may also be a legal issue
:check: Tests of Due Process in Disciplining Employees
An employee is informed of the employer’s expectations
Employee is consistent & predictable in disciplinary actions
Action is based on facts
Employee is given the chance for defense
Employee has the right to appeal
Constructive discipline is used
Employee is considered as an individual
CONSTRUCTIVE/ PROGRESSIVE DISCIPLINE
is a form of corrective action that implements increasingly severe penalties
:check: offers benefits beyond legal compliance WIN-WIN
help defend the employer against costly civil suits charging unfair and capricious behavior
give employees who offer value to the organization a second chance to align their behavior with the organization’s expectations
APPLY B. F. Skinner’s reinforcement theory
Positive punishment or an added requirement—for example, an employee may be required to complete a performance improvement plan or attend counseling for anger management
Negative punishment or the removal of a valued stimulus—for example, withholding a promotion or training opportunity, imposing a suspension without pay.
Extinction technique: eliminating a behavior by never rewarding it :red_cross:not a recommended solution to changing problematic conduct
PROCESS
managers should review the situation several months later and check that the improvement has continued and that there has been no retaliation of management against the employee or of the employee against other employees
Verbal counseling, problem-solving, and open dialogue
can increase understanding among everyone involved, reduce workplace tension, and open up communication
The goal is to resolve the problem before it worsens
First formal warning
Managers set clear expectations for the employee’s behavior in private discussion
Second warning
Both the problem and the needed correction should be described in specific, objective terms by a written warning with employee's signature
Final warning
include a deadline for improvement and time off, if warranted
clearly state that continuation of the documented issue(s) will lead to termination
employee's acknowledging even don't agree
Discharge, demotion, or termination is the last resort, used for repeated occurrences or severe violations.
TERMINATING Employment for Disciplinary Reasons
Never summarily discharge before a thorough & objective investigation
Make sure your investigation is thorough, complete, and well documented
Conduct employee interviews for investigating, not adversarial or accusatory
Do not delay the investigation
Always conduct a "final filter" review
Pinpoint the basis of the discharge
Whenever possible, inform the employee in person of the decision to terminate and the reason
Be alert to possible reactions. Plan for possible employee reactions, such as violence, vandalism, or theft
HR ROLES
Ensure that the organization’s code of conduct reflects the organization’s values and complies with applicable laws and that the code is publicized adequately throughout the organization
Involve local HR in identifying local issues to be addressed in the code because of local laws or customs
Ensure training of all managers and supervisors—the key players in ensuring effective, appropriate, fair, and consistent discipline
Monitor compliance with policy and local practices..