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Perspectives on HRM Personnel is Rapidly Changing

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1 Perspectives on HRM Personnel is Rapidly Changing
planning plays a larger part quality of work life issues are more evident the social/personal concerns of organizations are given more consideration management information systems are becoming more common organizational structure is of increased importance inter and intra communications are receiving more attention--especially when the external environment is unstable

2 Working with People Motivation Approaches to Understanding Behavior
The why of behavior Success depends on people, therefore, being able to understand and predict behavior is essential in HRM Approaches to Understanding Behavior Multiple causes Multiple behaviors No one method is best for all situations All models of motivation have strengths and weaknesses Models of Motivation that can be useful to help understand individual behavior Classical Approaches Rational Economic View Social View Self-actualizing Views Maslow Herzberg Alderfer Interactive Views Expectancy Theory Equity Theory

3 Rational Economic View of Motivation
Humans are logical and will make rational decisions that will result in the most economic gain for themselves Assumes choices are available individuals know about characteristics of alternatives individuals can correctly predict outcomes of choices choices are made frequently enough so that errors in decisions can be corrected before next selection Examples of school structures that are based on this belief merit pay overtime bonus system Christmas pay bonuses to schools for meeting target objectives Much of behavior is motivated by other factors

4 Social View of Motivation
All individuals have social acceptance needs that in many cases supersede rational explanations. People can be motivated to perform by appealing to their social needs. Strategies happiness and harmony within schools emphasis on human development and cooperation image management employee participation work groups--quality circles festivals or celebrations social clubs or activities

5 Abraham Maslow (1950's) Five basic groups of human needs drives behavior As one need is satisfied then then next level emerges

6 Frederick Herzberg Motivation hygiene theory suggested that factors could have distinctly different effects--some motivate some satisfy

7 Clayton Alderfers ERG theory
A modification of Maslow with two exceptions people may experience several needs at once frustration at a higher level will lead employees to seek a lower category Categories Existence needs--basic forms of physiological and material desires such as food clothing, and shelter Relatedness needs include all those that involve interpersonal relationships with others--supervisors, colleagues, subordinates, family, friends, and so on. Growth needs concern the individual's intrinsic desire to grow, develop, and fulfill one's potential.

8 Porter and Lawler (Interactive Views)
The Extent to Which Extrinsic and Intrinsic Rewards Meet Expectations Comparison of performance with expectations People will act in relation to the desirability of the goal and the efficacy of effort required to reach the goal Goal Desirability Goal Desirability Effort Required Effort Required

9 Equity Theory Employees hold certain beliefs about the outputs they receive from their work and the inputs they invest to obtain these outcomes input--all things the employee contributes to performing the job including education, experience, ability, training, personality traits, effort, attitudes employees evaluate the equity or fairness of their outcomes by a process of social comparison (comparison other) If an imbalance exists the employee may alter inputs--less or more effort alter outcomes--seek more rewards cognitively distort inputs or outputs change the inputs or outcomes of the comparison other--i.e., get them to leave the organization change the comparison other leave the organization

10 Equity Theory Examples
What would you predict would happen if an employee held these expectations in terms of their future work? Rewards Input Input Rewards

11 Examples Jim seeks a teaching job where he can coach
Mary is a young single teacher who is very interested in the quality of the social life in the school and expresses disappointment with the lack of faculty get together John wants desperately to become a principal after teaching 15 years Jane says, " Why should I want to be the assistant principal. It's just a headache with all the problem students. I think I would just as so stay in the classroom." Next year I'm not going to work so hard on grading these student papers. They didn't even read the comments. Maybe if we formed a union the school board would respect us custodians more. Since Bob moved to a different district, I feel I have much more respect from the faculty even though I miss his humor and good suggestions. (one assistant principal about a colleague assistant principal) I plan on working in this district until I get a master's degree. Then I will attempt to get a job in district 78 since their salary schedule is better for master's degrees and up.

12 Job Design and Motivation
Job Characteristics Skill Variety - requiring several different activities for completion Task Identity - the extent to which the job includes a whole identifiable unit of work Task Significance - amount of impact the job has on others Autonomy - extent of individual freedom and discretion Feedback - amount of information received about performance

13 Job Characteristics Model
Psychological States Desired Outcomes Skill Variety Task Identity Task Significance Autonomy Feedback Experienced Responsibility Knowledge of Results Motivation Performance Satisfaction Experienced Meaningfulness

14 Practice Examples structured curriculum programmed instruction
individual goals for professional development team teaching with others participating on principals counsel student evaluations of teaching books selected by central office appointed committee highly specialized secretarial work (typing only for example) assigned to BD students for entire day looping in the elementary grades cluster teaching (school within a school)

15 Equal Employment Opportunity
Civil Rights Act Title VI- prohibits discrimination on the basis of race, color, or national origin Title VII- prohibits discrimination on the basis of race, color, religion, sex, or national origin. Amended in 1978 to include pregnancy discrimination. Title 1 of Civil Rights Act of prohibits discrimination on the basis of race, color, religion, or national origin. Civil Rights Attorney's Fee Award Act of allows the collection of attorney's fees as part of settlement. Title IX of the Educational Amendments of prohibits discrimination in educational programs on the basis of sex. Age Discrimination Act of prohibits "unreasonable" discrimination on the basis of age Equal Pay Act of unlawful to pay wages to members of one sex at a rate lower than to members of the other sex for equal work on jobs that require equal skill, effort, and responsibility. Vocational Rehabilitation Act of prohibited discrimination against Vietnam Era veterans and required affirmative action to employ and advance veterans

16 Equal Employment - continued
Immigration Reform and Control Act of prohibited discrimination against legal aliens Executive Orders 11246, 11375, and forbid employment discrimination based on race, color, religion, sex national origin by government and contractors for government. Executive Order prohibited discrimination on the basis of age. First Amendment- guarantees freedom of religion. Fifth Amendment- no person shall be deprived of life, liberty, or property without due process of law. State and Local Fiscal Assistance Act of prohibited discrimination by state and local governmental agencies on the basis of race, color, national origin, sex, religion, age, or handicapped status.

17 State and Local Laws Vary but most based on 1964/68 Civil Rights Act
Many include other provisions such as physical appearance, sexual preference, political affiliation, etc. Local contracts via collective bargaining agreements Statutory remedies are independent- an aggrieved person may pursue an employment discrimination claim in more than one forum.

18 Sex Discrimination Governed under Title VII of Civil Rights Act
"It is unfair employment practice to limit, segregate, or classify employees in any way that would deprive any individual of employment opportunities or otherwise adversely affect that person's status because of race, color, religion, sex, or national origin" Bonafide Occupational Qualification (BFOQ) Exception Applied to religion, sex, national origin but not race or color Not applicable in the following cases • assumptions about comparative employment characteristics (higher turnover rate, are best suited for a particular job, etc.) • stereotyped characteristics (sales need aggressive men) • co-worker preferences either clients or customers Maternity Benefits and Leave Governed by Pregnancy Discrimination Act Amendment- "prohibits treatment of women in a differential manner for all employment-related purposes" termination or refusal to hire bars mandatory leave or time limit protects reinstatement rights treats childbirth as a disability under fringe benefit plan

19 Sex Discrimination - continued
Sexual Harassment- Governed by EEOC guidelines (1980) and 1986 Supreme Court Meritor Savings case violation may be established even though no tangible or economic loss discrimination based on sex has created a hostile or abusive work environment sexual harassment must be severe or pervasive to alter employment conditions homosexual advances also covered employee knowledge Comparable Worth equal pay for performing different jobs with equivalent skills, responsibilities, and effort. to date not supported except in some cities major problem with "comparison" Equal Pay Act of 1963 amendment to the Fair Labor Standards Act- illegal to discriminate on the basis of sex in paying wages for equal work on jobs which require equal skill, effort, and responsibility under similar working conditions" can pay differently on a basis other than sex: merit, quality, production, seniority.

20 Religious Discrimination
Reasonable accommodation did the employer make a reasonable effort to accommodate the religious needs of employees? nature of the job (specialized or unique) size of the organization the employee's efforts in reaching accommodation Undue Hardship- employer must accommodate an employee until doing so results in undue hardship Claimant's requirement- must be "deeply and sincerely held beliefs" Religion as a BFOQ- religious organizations possibly

21 Age Discrimination Age Discrimination Act as amended prohibits discrimination against workers who are 40 years of age or older goal-to promote employment of older persons based on their ability rather than age goal- to prohibit arbitrary age discrimination goal- to assist employers and workers find ways of meeting problems arising from the impact of age on employment Major provisions fail or refuse to hire, to discharge, or otherwise discriminate in terms of compensation, terms, conditions, or privileges. limit, segregate, classify such that it would deprive an employee of job opportunities reduce the wage rate of an employee to comply with the act indicate any "preference" based on age involuntary retirement plans

22 Age Discrimination - continued
Specific prohibitions help wanted adds age (no) boy or girl (no) under 40 (no) over 17 (ok) hiring- can ask for date of birth but be careful how that information is used employment testing validated tests specifically relate to job requirements fair and reasonable administered in good faith properly evaluated Exceptions BFOQ- actors, promotions of products physical fitness- reasonably necessary for the specific job and uniformly required testing or educational requirements- care need to be taken to insure that they are really necessary insurance-benefits need not be the same but probably the payments does early retirement plans are acceptable as long as the are voluntary

23 Recruitment, Hiring Goal- practice does not screen out minority groups, women, or other protected groups intentionally or inadvertently Recruiting and hiring not required to fill a quota but serious imbalance in work force compared to the geographic area may raise questions specific court examples (Griggs Case) arrest record word of mouth recruiting high school education requirements employment of only current relatives of existing staff poor credit record adverse personnel reports from other companies without rebut minimum height or weight requirements unwed mothers

24 Recruitment - continued
prior hiring practices- the extent of balance may dictate the type of recruitment practice allowed representation of protected groups in management, professional positions is also a consideration pre-employment inquiries race, sex, color, religion, etc. are not by themselves a violation of Title VII but may be regarded as evidence of discrimination post-employment inquiries need to keep completely separate form individual files need to maintain a running total hiring standards- must be job related quota employment explicit ban on quota hiring (Title VII) quota hiring can, however, be used to remedy racial imbalance caused by unlawful discriminatory conduct

25 Promotions Promotions- can select protected group members over more qualified majority members if "conspicuous imbalance" exists. Business Necessity Standard must be related to job performance inconvenience, annoyance, or expense is not a factor key question is it essential to the safe and efficient operation of the business? Employment Tests and Selection Procedure basic principle- employer policies or practices that have an adverse impact on employment of any race, sex, or ethnic group are illegal...unless justified by a business necessity. can sue "any professionally developed test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate valid, reliable, job related, non-adversive impact or intent the rule (adverse impact)- the selection rate of protected group is less than 4/5th of the rate for the group with the the higher rate the evidence of discrimination is present

26 Americans with Disabilities Act of 1990
Tries to prevent use of disability information to exclude individuals from employment, promotion, retention, etc. Works to isolate an employer's consideration of an applicant's non-medical qualifications from their medical conditions Disability is defined as a medical condition that substantially limits a major life activity temporary conditions are not considered a disability current illegal drug abuse is not covered past addiction (not casual use) is covered psychological conditions (not medically defined) are not covered Employers may not ask disability related questions and may not conduct medical exams until after a conditional job offer After job offer, then can ask disability-related questions and require medical exam as long as it is done for everyone Rejection only allowed if job-related and consistent with business necessity Safety rejection must demonstrate individual poses a direct threat substantial risk to others or himself risk cannot be reduced through reasonable accommodation Medical records separate from personnel records and limited access

27 ADA Permissible Actions
May ask about an applicant's ability to perform specific job functions Can you do this job? Attendance records certification and licenses May ask about non-medical qualifications Arrest (?) and conviction record current use of illegal drugs current use of alcoholism physical fitness tests physical agility tests May ask applicant to describe or demonstrate how they would perform the job May ask if applicant needs reasonable accommodation for hiring process May ask for documentation if hiring accommodation is requested May ask for physician to verify applicant can do test May ask applicant to assume liability for injuries in test

28 ADA Non-Permissable Actions
Can't ask if they will need reasonable accommodations to perform job (unless previously disclosed) Can't ask if they have disabilities Ask about workers' compensation history Current lawful drug use Cannot ask third parties any questions that cannot be asked directly of the applicant May not require tests for alcohol (considered a medical test)

29 Designing Educational Delivery Systems
Grouping by age Grouping by interest Grouping by age ranges Grouping by ability "Looping" Block or modular scheduling School within a school type arrangements Extent of staff differentiation

30 Job Characteristics Skill variety Task identity Task significance
The extent to which the work requires different activities Task identity Including the whole identifiable unit of work Task significance Amount of impact the job has on other people Autonomy Individual freedom and discretion in the work and its scheduling Feedback

31 Job Design Job rotation Job enlargement Flextime Compressed workweeks
Telecommuting Special teams and quality circles Production teams

32 Human Resource Recruitment
Linkage to the human resource plan related to personnel needs forecast related to human resource plan Identification of vacancy and notification of those involved Review of the job description and qualifications job analysis-make sure you recruit person with qualifications that match the job requirements more important than where you recruit Train recruitment personnel interview skills legal concerns two way nature of the recruitment process-a realistic approach on the part of both parties

33 Internal Recruiting Methods Advantages Disadvantages posting
work of mouth supervisory surveys career pathing and planning (assessment centers and leadership academies) Advantages organization knows employee and employee knows organization research shows employee referrals yield superior results in terms of survival start-up time reduced inexpensive rewards employee-builds career employees feel safe with insider-reduces change stress Disadvantages stagnation of organization morale problems with those not promoted skills may not be available within organization must develop high employee job satisfaction and retention in order to have sufficient pool must know competition to retain

34 External Recruiting Methods Advantages Disadvantages campus
media agencies competitors walk-ins Advantages new ideas and approaches skills not within organization lower requirements for inside training program Disadvantages new hire may not fit organizational culture employee resentment toward outsider and resistance to change more expensive

35 Selection Process Review of job description
minimum expectations maximum expectations working relationships job motivational characteristics reporting relationships Initial screening of applicants Initial screening interview Additional data collection test results work simulations reference checks physical examinations work site visits Final interview Analysis

36 Selection Process - continued
Communication of preference to superior justification of selection coordination with other selections in terms of balance, affirmative action, organizational targets completion of documentation obtain permission to offer employment Offer of employment description of conditions if any complete benefit package described job descriptions made clear time frame in which decision must be made Notification of unsuccessful candidate letter or phone (those interviewed) "we believe we hired the person that best met our needs" we hired the best qualified applicant-never New employee orientation Evaluation of process

37 Paper Selection of Possible Candidates
Success in school type of courses taken grades received in coursework pattern of coursework and grades significant drops avoiding hard courses sense of direction in course selection Activities while in school evidence of interest in other activities degree of leadership assumed range of interests and relationship to children commitment other than social expectations increasing responsibilities associated with activities References source confirmation of other evidence call if helpful

38 What to Look For Three primary questions need to be answered
Ability--Can he or she do the job? Motivation--Will he or she do the job? Social Compatibility--How will he or she fit into the organization?

39 Factors Related to Ability
Knowledge of subject area How is your field organized? What are the most important concepts that students should know about mathematics at this grade level? If students already have mastered long division, what direction would you send them without advancing to the next topic in the book? What application are there for that particular concept? Knowledge of pedagogy What is your favorite teaching model? What alternative models of instruction can you use? How do you know which model of teaching to employ? Describe the rationale behind cooperative learning. What are some of the advantages of concept attainment? Describe a typical lesson you have taught. Tell me why you chose to include each step or process. What are the elements of an effective curriculum for this grade level?

40 Factors Related to Ability - continued
Knowledge of Students What are kids of this age interested in? What intellectual abilities can kids of this age handle? What stage of development are these kids in? What teaching strategies are most appropriate? Analytical ability How would you handle this problem? Look at this data, what trends do you see? What steps would be necessary in the following situation? Describe a problem you have dealt with. How did you approach its solution? Abstraction ability What concepts are involved in the following problem? Please read this scenario. What are the major factors involved here? What alternatives might be available to the teacher? How do you know when to follow school rules and when to deviate from policy?

41 Factors Related to Motivation
Accepting Challenges Given the following two situations, in which one would you chose to work? What ideas do you have for making this job more interesting and stimulating for students? Thrives when presented with difficult challenges Addresses issues of staff development What specific areas are you interested in improvement? In what programs are you currently participating to improve your skills? Altruistic vs egocentric orientation Evidence of extra effort on previous jobs What things did you do in your last position that went above the normal expectations of the job?

42 Factors Related to Organizational Fit
Purpose fits with organizational philosophy value based--clear focus and based on the worth and dignity of individuals, consistent with the ideal of the organization commitment--to student learning and professional improvement Human interactions communicative--encourages interactions and can describe personal thoughts and feelings as well as effectively listen personable--can establish and maintain meaningful relationships, built trust, understand student and staff personality complexities compassionate--caring and empathic for students and staff within the bounds of the job and goals sense of humor--enjoyable to be around, can use humor to defuse tense situations dependable patient

43 Problems Often Associated with Employee Selection
Selection based on "look-alike" phenomenon Excessive weight given to factors that are not very predictive experience education attractiveness family background, race, sex, etc. Short term thinking about potential for contribution to the organization Selection based on "the known" factor Assumptions made about availability of good candidates Using Poor Questioning Techniques Open ended are probably best because they require thought Avoid questions that probably will not produce true answer leading questions illegal questions obvious questions questions that are not job related Assumption that the interview is only for the organization Selecting candidates Providing public relations Informing candidate about the position We often use selection techniques that have little predictive power

44 Relative Predictive Power of Selection Techniques

45 Ways of Increasing the Predictive Power of the Employment Interview
Base interview questions on Job Analysis Use structured interview format Ask same questions of all candidates Limit follow-up questions - for clarity only Limit use of ancillary data Separate data collection from evaluation Encourage data collection during interview Avoid making final summative judgments Use well defined rating scales Decompose rating procedures Avoid one rating at the end Use ratings as the interview unfolds Use mechanical combination of ratings Add up results from each question Avoid general impressions Use multiple interviewers Use only trained and certified interviewers

46 The Interview Process Types of Interviews Questioning Techniques
Structured Interview typical of initial interviews same questions of all applicants typically written questions for EEO reasons sometimes probing for answers is present Nondirective interview objective is to let the individual structure his or her own presentation follow-up, clarifying, and encouraging discussion questions are typical Branched Interview structured but the direction is dependent on the previous response relatively new and untested but might hold promise Stress Interviews how will a person react under a real situation for most situations not the best practice Questioning Techniques open ended are probably best because they require thought avoid questions that probably will not produce true answer leading questions illegal questions obvious questions questions that are not job related

47 Conducting and Effective Interviews
Scheduling be prepared allow proper time take some notes but do not be obtrusive Environment make it private comfortable and organized avoid interruptions avoid barriers Greeting greet personally and be friendly say name twice and pay compliment No; you have superior qualifications Yes: thanks for taking the time to interview: your papers were well organized

48 Conducting Effective Interviews - continued
Purpose establish purpose and time frame tell applicant what to expect in the interview Questions should have conceptual link to teaching should link to specific job should not probe into areas that do not matter to the job References ask for references at the end let applicant know that you will check give time for applicant to respond to any possible bad reference from previous employer - "When I call, what will they say?" Close avoid specific promises and implied contracts be truthful describe next steps of selection process

49 New Employee Orientation
Purpose Create an initial favorable impression Enhance interpersonal acceptance Aid adjustment Effective Orientation Program Prepared for new employee Present information new employees want to know Present additional information normal workday nature of organization organizational policies, rules, benefits Careful consideration of amount and order of presentation

50 Employee Evaluation Types
Summative-used to make employment decisions Formative-used to improve performance A system designed to separate the two (diagram) establishment of minimum competencies for every position comes to work prepared treats students with respect has lesson plans which are followed teaches the schools curriculum minimum competencies are know by employees summative evaluations are based solely on minimum competencies if minimums met then person enters clinical supervision cycle which is formative in nature (covered in the Staff Development and Evaluation Course) if minimums are not met during summative evaluations, then employee enters the problematic employee cycle summative evaluations can occur at any time

51 Unsatisfactory Performance
Based on employees not meeting minimum expectations Two types of action possible No action-most common Remediation followed by reinstatement dismissal resignation

52 Problems Administrators Have Selecting Remediation
Desire to avoid conflict and discomfort disappointment anger at shortcomings failure to confront procrastination fabrication of compliments transfer to another position discharge as a last resort Uncertainty about what constitutes good performance " I really have not spent much time in John's classroom" " I really don't have the time" " I'm not a physics teacher" criticism generates additional time demands Double talk helps mute criticism helps avoid specification

53 Problems - continued Using classroom visits as ceremonial congratulations Procrastination and Rationalization "It's too costly" " Teacher effectiveness is too important to interfere" " You can never win- between , 66% success at appellate level " It's too time consuming" " morale will be affected" " next teacher (cleaner) will be as bad Only about 3% of reviewed evaluations expressed any criticism or constructive suggestions Escape hatches Turkey trot Dance of the lemons

54 Punitive or Progressive Discipline
Due Process notice of standards notice of effect of violating standards employee knowledge of facts opportunity to defend effective defense grievance procedure right to appeal Equal Treatment

55 Just Cause-often used by arbitrators and courts
Was the employee informed of management's rules and expectations written policy prior warning rule clarity Were management's rules and expectations reasonable Was adverse action necessary to maintain orderly, efficient procedures in the organization Was the employee's infraction investigated and were the procedures used fair due process concept contractual agreements followed Has management administered its rules equitably Was the employee given an opportunity to improve his/her conduct

56 Just Cause - continued Was the imposed penalty reasonable given the
nature of offense past employee record frequency of offense other occasions received same penalty Was adverse action necessary to maintain orderly, efficient procedures in the organization Was the employee's infraction investigated and were the procedures used fair due process concept contractual agreements followed Has management administered its rules equitably Was the employee given an opportunity to improve his/her conduct other occasions received the same penalty

57 Basic Steps of Progressive Discipline
Criteria established Employee knows criteria Verbal warning Written warning Suspend with pay Suspend without pay Final written warning Termination

58 Before You Begin Evaluation criteria must be developed
sufficiently specific job related possess standards Employee must know standards and procedures Criteria must be uniformly applied Evaluation must be systematic and regular Evaluation must be conducted by trained personnel Data must be collected and available Post-evaluation conferences should be held where deficiencies are detailed and remediation suggested (written instructions are a must) Employee should have the right to comment and see file Reasonable time for remediation Follow-up evaluations should be conducted All statutes, regulations, board policies, and collective bargaining agreements should be observed (contact attorney)

59 Reasons for Dismissal Immorality (moral turpitude)
heterosexual conduct with non-students heterosexual conduct with students non-sexual misconduct with students profanity drugs and alcohol abuse in some cases cheating and lying Insubordination-persistent, willful violation of a reasonable rule emanating from an acceptable authority absence from duty refusal to follow established procedure corporal punishment improper grooming improper union activity loyalty oaths criticism of authority Incompetence inadequate teaching poor discipline physical or mental disability counterproductive personality traits

60 Staff Development Designed to Key Concepts improve develop promote
interrelationship among system, unit and individual goals includes all school personnel aimed at satisfying two kinds of expectations system--organizational development individual--individual development includes all activities designed to increase an individual's ability to perform assignments focused on school and self-initiated approaches should be developmental in nature outcome based use existing knowledge about learning knowledge of adult learner is essential

61 Trends in Staff Development
From Inservice training to Staff Development From Development of teaching staff to Development of staff From Self-fulfillment to Individual, unit, organization goals From Event orientation to Continuous process From Focus on technique to Focus on objective From Homogeneous experience to Heterogeneous experience From Learner in passive role to Learner in active role From Assuming positive impact to Evaluating impact From Knowledge emphasis to Performance emphasis From Independent activities to Linked activities From One shot to Planned curriculum

62 Staff Development Process
Phase 1 Diagnosing Needs--individual, group, system Phase 2 Design of Developmental Plans statement of reason goals participants and how they relate to goals calendar of events assignment of responsibility resource allocation evaluation plan

63 Staff Development continued
Phase 3 Implementing Developmental Programs Administration and BOE policy support Rationale and objectives Staff knows how to participate Adequacy, quality, and coordination of materials Relevance and realism for staff Reasonable plans to reach objectives Leadership and role responsibility Communications flow and feedback Time Phase 4 Evaluation Participant impact position impact Organization impact Students impact

64 Clues from Research and Experience
Participant involvement Collectively designed programs with common purpose, not a collection of individual programs Permitted teachers/administrators sponsorship, design, selection, and funding Scheduled at non-competitive times Emphasize teacher responsibility Involved participants in both receptive and active roles Immediate practice best Leaders were linked to University or development center Demonstrations were common Conducted at local site

65 Important Legislation Dealing with Unions
Wagner Act Pro-union Right to organize without management interference Defined unfair labor practices Set up NLRB Taft-Hartley Act Pro-management Amended or qualified the Wagner Act Unlawful for unions to: Restrain or coerce employees in exercise of their rights Discrimination with regard to union membership Refuse to bargain in good faith Limit boycott activities Jurisdictional strikes prohibited Excessive fee limit Feather bedding limit Right to work provision

66 Why Unions Form Social needs Economic Political Philosophic Pragmatic
Share experiences Belong to a group Social acceptance Economic Believe it is an effective means of obtaining job security, wage increases, fringe benefits Political Leaders need to satisfy members Fight for scarce resources and power Philosophic Commitment to social change Pragmatic Effect a change in the work environment

67 Reasons that Unions Form in Schools
Communications problems Management unresponsiveness Salary differentials Salary inequities Procedural/opportunity inequities Absence of "extra" benefits Poor working conditions Management treatment

68 Classical Bargaining Process
Preparation Unions have the advantage Selecting the team avoid Board Members avoid superintendents avoid outsiders (except to advise) member team Gather data Review contract Identify important issues on both sides Hold Board training session Anticipate positions Establish ground rules How often, length, who will participate Press relations Guidelines for caucusing What should be bargained Yes -- wages, hours, grievance procedures, evaluation methods (but not standards) No -- institutional mission and program, level of funding, employee hiring, discharge and supervision, job assignment, organization, work force size, service standards

69 Classical Bargaining - continued
Exchange of initial proposals Negotiations Distributive bargaining Interactive bargaining Attitudinal structuring Intraorganizational bargaining "Good faith" and "Non-Regressive" Settlement Union must win Ratification by both sides Impasse Work/Job action Conciliation or mediation Arbitration

70 Weapons of Conflict Union Employer -- typically defensive
Strike -- withdrawal of services Slowdown work to rule only wildcat strike blue flu mass resignation Picketing freedom of speech (communication) purposeful economic activity (picketing by nonemployees) Boycott Public pressure Change of officials Employer -- typically defensive Lock out of employees Replacement workers Encourage "line" crossing Contracting out work Fund reduction by government agency

71 The Personalities within the Process
Stabilizers -- committed toward reaching agreement at any cost Destabilizers -- lack commitment to the process, may be unwilling to settle at any price. "if the teachers don't like it they can work somewhere else." Quasi-mediators -- harmonizing the stabilizers and destabilizers

72 Bargaining Configurations
Horizontal across the table very structured and formalized not much real bargaining but a lot of posturing Internal internal to each team movement analysis most frequent Vertical team bargaining with constituencies multiple constituencies make it difficult often attempts to end run Shadow informal negotiating that occurs away from the table difficult to control dangerous necessary in many cases often done with outside person

73 Types of Relationships
Conflict - "Union busting" Armed Truce do not have to accept but will attempt to maintain all power Accommodation minimize conflict tolerate each other Cooperation acceptance of union as an active partner often called Win-Win or interest bargaining Collusion - illegal in the formal sense

74 The Table Process Ritual Game Catharsis Exchange of Information
familiar to both sides expected practices danger in an alteration of procedure because then it is unpredictable for both sides Game chief negotiators knows it even if it is serious sometimes fond memories of clash (stories, memos, etc.) Catharsis opportunity for an emotional release be careful because people remember Exchange of Information opportunity to listen to other side should not be a surprise or the management is short on communication be careful as board members are often there Trust and Integrity must live with each other must live up to agreements (including the non-written parts) don't win the battle but lose the war next year Proposals gather input from staff avoid "Las Vegas" mentality Employee Ratification employee first may not agree so be careful

75 Goals

76 Goals-continued

77 Tension Resolution

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