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Module 5: Employee and Labor Relations 20% PHR 14% SPHR 5-1© SHRM Any student use of these slides is subject to the same License Agreement that governs.

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Presentation on theme: "Module 5: Employee and Labor Relations 20% PHR 14% SPHR 5-1© SHRM Any student use of these slides is subject to the same License Agreement that governs."— Presentation transcript:

1 Module 5: Employee and Labor Relations 20% PHR 14% SPHR 5-1© SHRM Any student use of these slides is subject to the same License Agreement that governs the student's use of the SHRM Learning System materials.

2 Labor Organization A labor organization is: any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. National Labor Relations Act (NLRA) 5-2© SHRM

3 Milestones in Employee and Labor Relations 5-3© SHRM

4 Why People Join Unions 5-4© SHRM

5 Recent Union Trends 5-5© SHRM

6 National Labor Relations Act (Wagner Act) Key act that applies to all workers, not just union workers. 5-6© SHRM Employees shall have the right to: Self-organization. Form, join, or assist labor organizations. Bargain collectively through representatives of their own choosing. Engage in concerted activity for the purpose of mutual aid and protection. Refrain from such activities. Section 7 rights

7 Employee Relations and EEO Laws EEO laws prohibit employment discrimination. Laws provide protection that some employees once looked to unions to provide. 5-7© SHRM

8 Common Law Based on court decisions rather than statutory law. Employment-at-will (EAW) is one of the most important common-law doctrines. –Employers have the right at any time, with or without prior notice, to hire, fire, demote, or promote anyone they choose unless there is a law or contract to the contrary. –Employees may quit at any time for any reason, with or without prior notice. 5-8© SHRM

9 Exceptions to EAW 5-9© SHRM

10 Common-Law Tort Claims Tort law protects a person’s: Tort claims arise when these rights are affected. 5-10© SHRM Physical safety and well-being. Enjoyment of their property. Financial resources. Reputation.

11 Negligent Hiring/Retention Claims can be prevented by conducting background and reference checks on applicants. 5-11© SHRM

12 Defamation Statement may be spoken (slander) or written (libel). Statement must be shown to be: –False and malicious. –Harmful to employee’s reputation. –Made without a legitimate business reason. 5-12© SHRM

13 An employer is usually protected against charges of defamation in a reference- checking situation if the employer A.shows remorse for harming the employee’s reputation. B.provides honest and accurate references about former employees. C.makes verbal comments but does not put them in writing. D.tries to verify the accuracy of information. 5-13© SHRM

14 Fraudulent Misrepresentation 5-14© SHRM

15 Other Common-Law Tort Claims 5-15© SHRM

16 Common-Law Contract Issues Contract law provides remedies if the contract is breached. Contracts can be written or oral. 5-16© SHRM Contract: Agreement between two or more persons to do or not do something in exchange for something of value.

17 Agreements Enforced by Law 5-17© SHRM

18 The Litigation Process 5-18© SHRM Notification Notify counsel promptly. Implement litigation hold. Warn against retaliatory actions. Answering complaint Be aware of time frame for response. Ensure attorney work product privilege. Scheduling conferences Ensure adequate preparation time. Discovery process Provide focused, relevant, objective testimony. Conduct safe, legal, effective investigations. Motion to dismiss Attorney decision and action Summary judgment Work with attorney for organization’s best interest. Pretrial and trial Support evidentiary motions. Provide relevant information to attorney. Schedule witnesses.

19 Positive Characteristics of Union- Free Organizations 5-19© SHRM

20 Feedback and Communication in Union-Free Organizations 5-20© SHRM Attitude (climate) surveys HR/labor relations reviews Skip-level interviews Open-door meetings Department meetings Employee participation programs Electronic communications

21 Compensation and Benefits in a Union-Free Environment Compensation and salary data. Market comparisons. Salary grades. How raises are awarded. Cost of health care. 5-21© SHRM HR ensures that employees are informed about:

22 Labor-Management Cooperative Strategies 5-22© SHRM

23 Employee Involvement (EI) 5-23© SHRM

24 EI Strategies: Job Design 5-24© SHRM

25 The degree to which an employee completes an assignment with a tangible outcome is an example of A.skill variety. B.task significance. C.task identity. D.autonomy. 5-25© SHRM

26 EI Strategies: Alternate Work Schedules Tele- commuting Tele- commuting Phased retirement Phased retirement Job sharing Job sharing Regular part-time Regular part-time Compressed workweeks Compressed workweeks Flextime Schedules 5-26© SHRM

27 EI Strategies: Workplace Teams Work teams Work teams Task forces Task forces Self-directed teams Self-directed teams Project teams Project teams Committees Teams Teams are accountable for specific objectives and performance goals. Teams and job design combine to increase productivity and job satisfaction. 5-27© SHRM

28 Which one of the following actions would not be allowed under the NLRB’s “safe harbors” for EPPs? A.A committee includes both managers and employees. B.A committee forwards best employee suggestions to management. C.A committee proposes changes to improve production quality. D.A committee performs a management function. 5-28© SHRM

29 Employee Surveys Attitude Surveys Measure job satisfaction Opinion Surveys Measure data on specific issues Value of surveys is in measuring improvements over regular time periods. Employees should be guaranteed anonymity and given feedback on results. 5-29© SHRM

30 Employee Focus Groups 5-30© SHRM

31 Common Errors in Interpreting Data Manipulated results Manipulated results “Analysis paralysis” “Analysis paralysis” Analysis errors Analysis errors Graphical misrepresentation Graphical misrepresentation “Rush to conclusions” “Rush to conclusions” Errors 5-31© SHRM

32 Policies, Procedures, and Work Rules Policy Broad statement that reflects philosophy, objectives, or standards; general in nature. Procedure Detailed, step-by-step descriptions; specify what, when, where, and who. Work rule Reflects management decisions regarding specific actions to be taken or avoided in a given situation. 5-32© SHRM

33 Guidelines for Employee Handbooks Be aware of tone, style, and look. Align handbook with organization’s culture and values. Keep it simple and current. Distinguish between organizational policies and job specifics. Accommodate multilingual requirements. Obtain written evidence of receipt. Be aware of legal obligations and implications. For example, improperly drafted handbooks can create an employment-at-will exception. 5-33© SHRM

34 Behavior Issues Absenteeism: –Time lost when employees do not come to work as scheduled Tardiness: –Time lost when employees report to work late When taking disciplinary action for excessive absenteeism or tardiness, do not count absences protected by USERRA, FMLA, or state law. 5-34© SHRM

35 5-35 Due Process Tests for Discipline Is the employee informed of rules and the consequences of not following them? Is discipline administered consistently and predictably? Is the decision to discipline based on facts? Is the employee allowed to ask questions and offer a defense? Does the employee have an avenue for appeal? Is the discipline system structured progressively? Are special circumstances considered?

36 Measures to Avoid Disciplinary Action 5-36© SHRM

37 Progressive Discipline 5. Discharge 5. Discharge 4. Final written warning 4. Final written warning 3. Second warning 2. Warning 1. Problem solving and open dialog Document all steps—even the oral steps. 5-37© SHRM

38 An employee is accused of a violation of a dischargeable work rule. The HR manager should A.confront the employee and have an open dialog. B.give an oral warning. the employee on administrative leave and conduct an investigation. D.terminate on the spot. 5-38© SHRM

39 ADR Options 5-39© SHRM Open-door policyEmployees are encouraged to bring grievance to immediate supervisor/manager. OmbudspersonThird party, inside or outside organization, investigates and mediates disputes. Usually not empowered to settle grievances, but will forward dispute to further ADR processes. Single designated officer Management designates individual to receive and investigate complaints and resolve disputes. Chosen officerEmployee chooses arbitrator from a group of individuals. Peer reviewPanel of employees or employees/managers hears and resolves complaint. May recommend policy changes. Often limited to suspensions and discharges. MediationMediator facilitates discussions with disputants to negotiate mutually acceptable solution. ArbitrationArbitrator hears both sides and renders a decision. May be binding or nonbinding.

40 Sherman Anti-Trust and Clayton Acts Primarily directed at monopolistic employers. Resulted in injunctions issued against union activities. Clayton Act, 1914 Clarified and supplemented the Sherman Anti-Trust Act. Minimally restricted injunctions against labor. Legalized peaceful strikes, picketing, and boycotts. 5-40© SHRM Sherman Anti-Trust Act, 1890

41 Railway Labor Act, 1926 Passed to reduce labor conflict and the possibility of transportation strikes. –Gave railroad employees the “right to organize and bargain collectively through representatives of their own choosing.” Covers both railroad and airline employees today. 5-41© SHRM

42 Norris-LaGuardia Act, © SHRM

43 National Labor Relations Act (Wagner Act or NLRA) 5-43© SHRM

44 Labor-Management Relations Act, 1947 (Taft-Hartley Act or LMRA) 5-44© SHRM

45 Labor-Management Relations Act (Taft-Hartley Act or LMRA) 5-45© SHRM

46 Labor-Management Reporting and Disclosure Act, 1959 (Landrum-Griffin Act or LMRDA) 5-46© SHRM

47 Which of the following restores the balance of power by making union unfair labor practices unlawful? A.Norris-LaGuardia Act B.National Industrial Recovery Act C.National Labor Relations Act D.Labor-Management Relations Act 5-47© SHRM

48 Road to Unionization 5-48 © SHRM

49 Employers should activate rapid response teams as soon as early signs are detected: © SHRM5-49 Signs of Organizing Campaigns

50 Setting Union Strategy Union assesses feasibility, costs, and benefits of organizing. Union considers whether to use targeted campaign, corporate campaign. Tactics are weighed: inside organizing, salting, leafleting, meetings, home visits, telephone organizing, Internet campaigns, indirect pressure, picketing 5-50© SHRM

51 Salting Process of using paid union organizers to infiltrate an organization and organize its workers. An adverse employment action against a salt usually results in the filing of a ULP charge against the employer. Recent NLRB rulings state: –Applicant must be genuinely interested in employment to be protected against hiring discrimination based on union activity (2007). –Union must provide evidence to support payment of back pay (2007). –Individuals have protected right to be salts (2010). © SHRM5-51

52 Picketing 5-52© SHRM

53 Management Rights in a Campaign Management has the right to: 5-53© SHRM Take the initiative. State an opinion. Use line supervisors as resource. Safeguard employee names and addresses.

54 Neutrality/Cooperation Agreement Agreement between a union and an employer under which the employer agrees to remain neutral to a union’s attempt to organize its workforce. Common provisions include: Gag rule. No secret-ballot election. Union access to employer premises. Union access to personal employee information. Employee attendance at “captive audience” speeches. 5-54© SHRM

55 Authorization Cards With more than a majority of employee signatures, the union may also demand voluntary certification by card check. 5-55© SHRM The NLRB requires at least 30% of eligible employees to sign authorization cards/ petitions before ordering an election. The union typically wants 50% of eligible employees to sign cards before the union petitions for an election.

56 Petition for Certification Petition for certification generally leads to an election supervised by the NLRB. 5-56© SHRM

57 Representation Hearing 5-57© SHRM

58 In determining the appropriateness of a bargaining unit, the NLRB would consider A.if more than 50% of the employees signed authorization cards. B.if employees are frequently transferred across plants or offices. C.the percentage of temporary workers in the proposed unit. D.the percentage of managers and supervisors in the workforce. 5-58© SHRM

59 Bars to the Election Process Contract bar Statutory bar Certification-year bar 5-59© SHRM 2011 NLRB ruling: Lamons Gasket overturned 2007 decision in Dana/Metaldyne, restoring the voluntary-recognition bar, which precludes a decertification election for 12 months after union recognition. Voluntary-recognition bar Blocking-charge bar Prior-petition bar Recognition bar

60 Voter Eligibility Eligible employees must be on the payroll: –During the pay period prior to the direction of election. –During the pay period preceding the election date. Striking employees who have been permanently replaced: –May vote in any election conducted within 12 months after the strike’s commencement. Election time and place –Employers must post NLRB notices. 5-60© SHRM

61 Election Campaign 5-61© SHRM Until 24 hours before the election, management may present speeches to employees during work time (“captive audience”) but may not make promises or threats. Union may visit employees in their homes or contact them by phone or through the Internet.

62 Election No campaigning is allowed in or around the polling place. Eligibility challenges must be made before the vote is accepted into the ballot box. NLRB determines validity of challenged ballots after the election if they have potential to affect the outcome. 5-62© SHRM

63 There are 1,000 eligible employees. Of those, 800 vote. What are the minimum votes needed by the union to win the election? A.400 B.401 C.501 D © SHRM

64 The NLRB may set aside election results if the employer is found to have committed an “egregious” ULP that has a “chilling effect” on employees’ rights to organize and is an attempt to “nip in the bud” an organizing effort. © SHRM5-64 Overturning Election Outcomes

65 Certification If the union loses, the NLRB regional director certifies the election results. 5-65© SHRM  Results are subject to NLRB review.  Union may opt to continue to pressure the employer to agree to a voluntary card check. If the union wins, the NLRB certifies it as the exclusive representative of the bargaining unit.

66 Other Paths to Unionization Employer volunteers recognition based on proof of majority status. Union convinces employer to grant recognition. Union convinces employer to witness its majority status. NLRB orders employer to bargain with the union if serious ULPs have been committed. 5-66© SHRM

67 Union Decertification Terminates union representation. Management may not guide or support the effort. At least 30% of the employees in the bargaining unit must petition for a decertification election. If the petition is valid, a secret-ballot election is held. A majority of the voting employees must approve decertification. (A tie vote also removes the union.) 5-67© SHRM

68 If employees successfully vote to decertify a union on June 30 in a given year, when can a new election be held? A.Within 30 days B.Between 60 and 90 days C.After January 1 D.After one year 5-68© SHRM

69 Union Deauthorization Removes the union’s authority to negotiate or enforce union security clauses. Occurs without management support or guidance. At least 30% of the employees in the bargaining unit must petition for deauthorization. After investigation, the NLRB orders an election. A majority of the employees eligible to vote must approve deauthorization. (Failure to vote is the same as a vote against deauthorization.) 5-69© SHRM

70 Criteria for Election Petition and Win Election Type Needed for NLRB Petition Needed for Election Win Certification30% of eligible employees Union needs at least 50% plus one of votes cast Decertification30% of bargaining unit employees At least 50% of votes cast must be to decertify the union Deauthorization30% of bargaining unit employees At least 50% plus one of eligible voters must vote to deauthorize © SHRM5-70

71 Rights and Responsibilities EmployerEmployee Exercise freedom of speech. File ULP charge. Protect property. Discipline or terminate for just cause. Sign authorization card. Form a union. Engage in concerted activities Strike or picket. Circulate petition for redress of a grievance. File ULP charge. 5-71© SHRM

72 Unfair Labor Practices A violation of a right under labor relations statutes. Can be initiated by an individual employee, a union, or management. The NLRB adjudicates ULPs in the private sector; the FLRA or state agency processes cases in the public sector. WhatWhoHow 5-72© SHRM Agent-principal relationship: Employers are responsible for managers and supervisors. Unions are responsible for agents and officers.

73 Employer ULPs: Interference, Restraint, and Coercion 5-73© SHRM The NLRA prohibits employers from:

74 Avoiding ULPsTIPS Threaten. Interrogate. Promise. Spy. To avoid ULPs, do not: 5-74© SHRM

75 Other Employer ULPs Domination and unlawful support of labor organizations –Electromation, E. I. Dupont & Company, Crown Cork and Seal Company, Syracuse University Discrimination to discourage union membership Retaliation against employees who file charges or testify Refusal to bargain in good faith 5-75© SHRM

76 Union ULPs: Restraints and Coercion 5-76© SHRM The LMRA prohibits unions from engaging in:

77 Union ULPs: Duty of Fair Representation Union must act fairly on behalf of all members. Union may not ignore grievances that have merit or base decisions on discrimination or personal feelings. Union must represent nonmembers in bargaining and grievance issues in the same way it represents dues-paying members. 5-77© SHRM

78 Other Union ULPs Inducing unlawful discrimination by the employer Excessive or discriminatory membership fees Featherbedding Refusal to bargain A union cannot force an employer to commit an act in violation of contract provisions. Fees must be appropriately based on industry wages and practices. The union cannot require more workers than necessary. The union must bargain in good faith. 5-78© SHRM

79 5-79 Possible NLRB-Ordered Remedies

80 Collective Bargaining Process 5-80© SHRM

81 Collective Bargaining Subjects Benefits for retired union members Settlement of ULPs Neutrality agreements Closed shops Discriminatory hiring Mandatory subjects (required by law and NLRB) Permissive subjects (voluntary) Illegal subjects (unlawful by statute) Overtime Seniority Vacation/holidays 5-81© SHRM

82 Collective Bargaining Types. 5-82© SHRM

83 Contract Negotiations Win-lose negotiation –Positional –Distributive Win-win negotiation –Principled –Integrative –Interest-based Good-faith bargaining requires that both parties enter into discussion with fair and open minds and a desire to reach an agreement. 5-83© SHRM

84 Violations of Good-Faith Bargaining Surface bargaining Lack of concession Refusal to advance proposals and demands Dilatory tactics Imposing conditions Bypassing the representative Commission of ULPs Not providing information Refusal to bargain 5-84© SHRM

85 Other Bargaining Conditions 5-85© SHRM

86 Shop Provisions in RTW and Non-RTW States 5-86© SHRM

87 HR can provide data for contract costing, including: Workplace demographics. Current and historical data. Effects of concessions on workforce planning. Effects of contract on exempt or nonunionized employees. © SHRM5-87 Costing a Contract

88 Formal Grievance Procedure 4. Third party 4. Third party 3. Higher-level management 3. Higher-level management 2. Intermediate supervisor 2. Intermediate supervisor 1. Immediate supervisor 1. Immediate supervisor 5-88© SHRM

89 When handling a union grievance, you should A.accept informal amendments to the contract if they are in the company’s interest. B.avoid bias by not reviewing prior grievance records. C.ask the union to identify the violated contract provisions. D.rely on the union steward’s investigation of the grievance. 5-89© SHRM

90 The Weingarten Case Deals with the rights of union employees to have another person present during investigatory interviews. Person attending must be affiliated with the union, not an attorney or relative. 5-90© SHRM

91 An employer is conducting an investigatory interview with a union employee. According to the Weingarten rights, the A.employer is obligated to provide representation if the employee cannot find anyone. B.employee may request that a labor attorney be present. C.employer is not required to bargain with the union representative. D.employee may request that the interview be postponed for 48 hours. 5-91© SHRM

92 Lockouts and Strikes 5-92© SHRM

93 Protected Concerted Activities The right of a union to strike and to picket The right of other employees not to cross a picket line © SHRM5-93 Protected Concerted Activities

94 Replacement of Strikers Employer must reinstate striking workers. Strike occurs as the result of ULPs. Employer is not required to displace permanent replacement workers except as future opportunities become available. Strike is an economic strike. 5-94© SHRM HR must take care not to create a contractual commitment to replacement workers.

95 Secondary Boycotts When union attempts to influence an employer by exerting pressure on another employer. Employers may lose neutrality and be subject to union pressure in the following cases: –Ally doctrine –Single/joint employer or alter ego doctrines –Double breasting –Straight-line operations –Hot cargo clauses 5-95© SHRM

96 Which provision would allow a union to picket a chain of assisted-living facilities at all of their locations? A.Ally doctrine B.Common situs picketing C.Single/joint employer doctrines D.Straight-line operations 5-96© SHRM

97 Legality of Strikes, Picketing, and Secondary Boycotts 5-97© SHRM Legal Conditional by Law Illegal Conditional by law/contract Primary picketing Consumer picketing Working to rule Organizational and recognition picketing Informational picketing Area standards picketing Common situs Wildcat Jurisdictional Secondary boycotts Sitdown strikes Slowdown Sympathy strike

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