Management

Cindy says: Few issues bring HR professionals out in force to voice their opinion like labor relations. The divide between management and labor may be wide, yet there is a very fine line separating management rights from unacceptable labor practices. Cindy’s good friend Leah’s company was facing a labor organization drive. IT reported that one of the employees had been posting complaints about her job on her Facebook page. At the weekly executive meeting, one director demanded that the employee be told to remove the offensive comments immediately or face being discharged from the company. Fortunately, Leah’s boss listened to her suggestion that they consult professional legal counsel before reacting to the posts.

Why wasn’t the ultimatum to the employee a good idea? Are there restrictions on the actions a company may take to counter a labor organization campaign? Chapter 10 takes on another critical legal liability portion of HR management—labor relations.

SHRM HR CONTENT

See Appendix: SHRM 2016 Curriculum Guidebook for the complete list

A. Employee and Labor Relations (required)

2. Alternative dispute resolution

8. Union membership

9. Union-related labor laws

10. Union/management relations

11. Union decertification and deauthorization

12. Collective bargaining issues

13. Collective bargaining process

14. Negotiation skills

15. Conflict management

16. Grievance management

17. Strikes, boycotts, and work stoppages

18. Unfair labor practices

19. Managing union organizing policies and handbooks

21. Attitude surveys

B. Employment Law (required)

11. Labor Management Reporting and Disclosure Act of 1959 (LMRDA)

12. National Labor Relations Act of 1935 (NLRA)

13. Labor Management Relations Act of 1947 (LMRA)

14. Railway Labor Act of 1926 (RLA)

16. Worker Adjustment and Retraining Notification Act of 1988 (WARN Act)

18. Contractual and tort theories

20. Employer unfair labor practices

22. Agency relationships/quasi-contracts

23. Employment contracts

28. Whistle-blowing/retaliation

C. Ethics (required)

15. Sarbanes-Oxley Act of 2002 (SOX)

16. False Claims Act

M. Workforce Planning and Talent Management (required)

4. Retention: Voluntary turnover, job satisfaction, withdrawal, alternatives

image

Get the edge on your studies. edge.sagepub.com/lussierhrm3e

• Take a quiz to find out what you’ve learned.

• Review key terms with eFlashcards.

• Watch videos that enhance chapter content.

p.344

LABOR RELATIONS: A FUNCTION OF TRUST AND COMMUNICATION

LO 10-1

Discuss the value of trust and communication in organizations. How do the message-sending and the message-receiving processes help improve trust?

Managers and labor have to work together to accomplish goals.1 For this to happen successfully, people in organizations must be able to communicate with each other.2 Both companywide and individual communications are vital.3 Communications is the foundation of human relations skills4 (Chapter 1), and it is a transferable skill.5 HR professionals rated interpersonal-communication skills as the most valuable knowledge, skill, or ability for career success.6 However, companies say that communication and other soft skills are difficult to find in job applicants.7

Whenever people communicate to accomplish a goal, the sender and receiver must establish trust to avoid creating barriers in the communication process.8 In this section, we begin with an overview of trust and communications and then provide details of sending and receiving messages when communicating.

Trust and Communication

Trust is simply faith in the character and actions of another. In other words, it is a belief that another person will do what they say they will do, and not take advantage of us—every time. There is evidence of a “crisis of trust” in business today.9 So how do we get others to trust us? We must do what we say we will do consistently, over a period of time.

Happiness and success in our personal and professional lives are based on our relationships. Good relationships are based on trust.10 Do you have good relationships with people you can’t trust? Employees’ trust in managers affects their motivation to engage in organizational citizenship behavior (OCB).11 A survey revealed that 74% of engaged employees trust their manager, while only 14% don’t trust their boss.12 Would you go above and beyond what is expected (work harder) for a boss you don’t trust?

p.345

In turn, managers need to be able to trust employees.13 Trust is absolutely necessary to strong management–labor relations. It engenders respect between all of the individuals in the organization; and research shows that companies that have the trust of their employees have “lower turnover [and] higher revenue, profitability, and shareholder returns.”14 As soon as trust goes, loyalty to the company goes with it.15

Since a person must consistently do what they say they will over a period of time, trust isn’t created immediately. But ask yourself a slightly different question: How quickly can we lose trust in another person? This can happen almost immediately—as soon as the other person fails to do something that we trusted them to do. So, trust takes a while to create but takes only an instant to lose. So, the bottom line is this: If we want to improve others’ level of trust in us, we need to be open and honest with people.16 If people catch you in a lie, they may never trust you again. To gain and maintain trust and credibility, always get the facts straight before you communicate; and send clear, complete messages.17

WORK APPLICATION 10-1

Select a present or past boss and describe how much you trust that person. Be sure to give specific examples of things your boss did, or didn’t do, that created or destroyed your trust.

Good managers are good communicators.18Communication is the process of transmitting information and meaning. Communication involves successfully providing information to others as a sender and as a receiver of messages. As managers, we need our employees to trust us when we communicate with them. In any communication, receivers consider the trust they have in the senders, as well as the senders’ credibility.19 When receivers do not trust senders, or do not believe senders know what they are talking about, then the receivers are reluctant to accept the message.20

You can send your messages verbally, nonverbally, or in writing. We are expected to work well in groups and communicate with ease.21 But if asked, “Are you a good communicator?” most people would likely say “yes.” However, the truth is that most people have lots of miscommunications,22which can result in damaging trust. Let’s take a look at some tips that can help us be better communicators, as both senders and receivers.

Sending Messages

Every time we talk, we are sending messages.23 We are constantly pitching our ideas.24 The vast majority of messages you send and receive in the workplace are simple, straightforward messages like “Please copy this document,” “I’ll call you when I’ve reviewed these specifications,” and “I put the report you requested on your desk.” You transmit many such messages face-to-face or in a brief memo, email, or fax. Such straightforward messages need minimal planning, because they are routine.

However, sometimes the message you need to transmit is difficult, unusual, or especially important. For example, you may have the difficult task of communicating to someone that they are to be laid off. Or perhaps you need to communicate to workers at one plant about the changes that will be occurring there as a result of closing a second plant and moving its processes to that one—an unusual situation and an important communication.

So before sending a message, we should answer five basic questions: What, who, how, when, and where? What is the goal of our communication, and what is the desired end result? Who is affected by the communication? How are we sending the message—in verbal or written form? When does the message need to be sent? And where should we send it—your office, mine, or a neutral site? When sending messages, be careful in the vocabulary you use to convey your message because words make a difference,25 as poor wording drains money due to miscommunication.26

THE MESSAGE-SENDING PROCESS. Oral communication channels (channels where we speak to others directly) are richer than other channels, and face-to-face oral communication is the best channel to use when the message you must transmit is a difficult or complex one. When sending a face-to-face message, you can follow the steps in the message-sending process shown in Model 10-1.

p.346

MODEL 10-1 THE MESSAGE-SENDING PROCESS MODEL

image

WORK APPLICATION 10-2

Select a present or past boss and describe how well that person sent messages. Did the boss essentially follow the steps in the message-sending process described here?

Step 1: Develop rapport. Begin by putting the receiver at ease by creating a harmonious relationship. It is usually appropriate to begin communication by making a connection with the receiver through an opening conversation that’s related to the message you’re trying to convey.27

Step 2: State your communication objective. It is helpful for the receiver if you explain the objective (end result) of the communication before you explain the details.

Step 3: Transmit your message. Calmly and with respect, tell the receiver(s) whatever you want them to know. It may be helpful to also provide written directives and/or to ask the receiver to take some notes.

Step 4: Check the receiver’s understanding. When giving information, ask direct questions and/or paraphrase. Simply asking, “Do you have any questions?” does not check understanding. (The next subsection describes how to check understanding.)

Step 5: Get a commitment and follow up. If the message involves assigning a task, make sure that the message recipient can do the task and have it done by a certain time or date. Finally, follow up to ensure that the necessary action has been taken.

WORK APPLICATION 10-3

Select a present or past boss and describe how effective that person is at getting feedback and paraphrasing. How often did you get the task done right the first time versus having to redo it?

CHECKING UNDERSTANDING: FEEDBACK.Feedback is information provided by the receiver that verifies that a message was transmitted successfully. We tend to assume we are good communicators and that if no one asks a question, the communication is complete.28 But as senders of messages, we need to get feedback from the receiver to make sure they “really” understand the message. The best way to get feedback is to ask for it.29Questioning, paraphrasing, and inviting comments and suggestions are all means of obtaining feedback that check understanding.30 So, we should get feedback by paraphrasing and asking questions, and inviting questions.

PARAPHRASING. Paraphrasing is the process of restating a message back to the original sender in the receiver’s own words. Paraphrasing can often avoid the problem of the sender saying things like, “This isn’t what I asked for.” So taking a minute to get feedback to ensure understanding can help ensure that the task will get done right the first time. You have to ask good questions to get good answers.31How we ask for feedback is important because we don’t want to make the receiver defensive, so we should say something like this: “Would you tell me what you are going to do so that I can be sure that I explained myself clearly?”

Receiving Messages

We need to be as effective at receiving messages as we are at sending them. Successfully receiving and interpreting messages is harder than most of us think.32 First you have to listen,33 as it is an important part of communications.34 Ever hear the advice that we should “listen more and talk less?”35 that “you learn more when your mouth is closed and your ears are open.”36 Putting it bluntly: “Shut up and listen.”37 Here we discuss listening skills and the message-receiving process so we can round out our communication skills.

LISTENING SKILLS. If someone were to ask us if we are good listeners, most of us would say yes. However, unfortunately, we are naturally poor listeners,38 because we don’t remember what was said. How’s your memory?39 A recent survey found that the number one thing lacking in new college grads is listening skills.40 Find out how good a listener you are by completing the listening skills self-assessment. By using the message-receiving process, you can learn to become a better listener.

p.347

image

©iStockphoto.com/Geber86

With mobile technology, employees are constantly connected and communicating.

THE MESSAGE-RECEIVING PROCESS. The message-receiving process includes active listening, analyzing, and then checking for understanding. Recall that active listening is the intention and ability to listen to others, use the content and context of the communication, and respond appropriately. If you apply the following tips, you can improve your listening skills. The message-receiving process is illustrated in Model 10-2.

Step 1: Active listening. Active listening (sometimes called empathetic listening), is about giving your full attention (meaning 100% of it) to the message sender for the entire time of the message sending.41 Constant multitasking is degrading our ability to pay attention and listen for very long.42Multitasking causes us to become distracted, whether we realize it or not, and to miss the message being communicated. So, put the phone away and stop multitasking.43 As the speaker sends the message, you should be doing the eight things listed in the first column of Model 10-2. If you find your mind wandering by thinking of other things (something that happens to all of us), bring it back to pay attention. One way to pay attention is to repeat in your mind what the sender is saying.

Business communications usually require taking appropriate action based on the message. How can we take action if we don’t understand or remember the message? Frank Felberbaum, president of Memory Training Systems, says that to understand and remember the message, we have to concentrate. We remember what we see better than what we hear. The primary reason we get distracted and lose our ability to pay attention and remember things is the separation of the use of our eyes and mind. When they are not working together as a team, we cannot concentrate at all.44Think about this. If you are listening to someone talking as you check your phone (or look somewhere else), what happens? Loss of concentration. Can you see how multitasking kills concentration and memory? So, to maximize listening, you need to look the person (including professors in class) in the eye and concentrate with your mind to what they say. If your eyes are looking but your mind is wondering, bring it back. Try repeating what the person is saying word for word in your mind as they speak. Active listening can help you concentrate and remember messages.

p.348

10-1 SELF ASSESSMENT

Listening Skills

For each statement, select the response that best describes how often you actually behave in the way described. Place the letter A, U, F, O, or S on the line before each statement to indicate your response.

image

_____ 1. I like to listen to people talk. I encourage others to talk by showing interest, smiling, nodding, and so forth.

_____ 2. I pay closer attention to people who are similar to me than to people who are different from me.

_____ 3. I evaluate people’s words and nonverbal communication ability as they talk.

_____ 4. I avoid distractions; if it’s noisy, I suggest moving to a quiet spot.

_____ 5. When people interrupt me when I’m doing something, I put what I was doing out of my mind and give them my complete attention.

_____ 6. When people are talking, I allow them time to finish. I do not interrupt, anticipate what they are going to say, or jump to conclusions.

_____ 7. I tune out people who do not agree with my views.

_____ 8. While another person is talking or a professor is lecturing, my mind wanders to personal topics.

_____ 9. While another person is talking, I pay close attention to that person’s nonverbal communication so I can fully understand what they are trying to communicate.

_____ 10. I tune out and pretend to understand when the topic is difficult for me to understand.

_____ 11. When another person is talking, I think about and prepare what I am going to say in reply.

_____ 12. When I think there is something missing from or contradictory in what someone says, I ask direct questions to get the person to explain the idea more fully.

_____ 13. When I don’t understand something, I let the other person know I don’t understand.

_____ 14. When listening to other people, I try to put myself in their position and see things from their perspective.

_____ 15. During conversations, I repeat back to the other person, in my own words, what the other person says; I do this to be sure I understand what has been said.

If people you talk to regularly answered these questions about you, would they have the same responses that you selected? To find out, have friends answer the questions using your name rather than “I.” Then compare answers.

To determine your score, do the following:

For statements 1, 4, 5, 6, 9, 12, 13, 14, and 15, give yourself 5 points for each A, 4 for each U, 3 for each F, 2 for each O, and 1 for each S.

For statements 2, 3, 7, 8, 10, and 11, give yourself 5 points for each S, 4 for each O, 3 for each F, 2 for each U, and 1 for each A.

Write your score for each letter response on the line next to the letter. Now add up your total number of points. Your score should be between 15 and 75. Note where your score falls on the continuum below. Generally, the higher your score, the better your listening skills.

image

Step 2: Analyzing. Analyzing is the process of thinking about, decoding, and evaluating the message. Poor listening is caused in part by the fact that we speak at an average rate of 120 words per minute, but we are capable of listening at a rate of 600 words per minute.45 The ability to comprehend words more than five times faster than the speaker can talk allows our mind to wander. As the speaker sends the message, we should be doing the three things listed in the second column of Model 10-2. So while active thinking involves mental paraphrasing, empathy involves putting yourself in the other person’s position to understand where they are coming from.

p.349

MODEL 10-2 THE MESSAGE-RECEIVING PROCESS MODEL

image

WORK APPLICATION 10-4

Select a present or past boss and assess that person’s listening skills. Be sure to give specific examples of when your boss was not listening effectively.

Step 3: Checking understanding by responding when appropriate. Checking understanding by responding when appropriate is the process of giving feedback to the sender. Although the sender is responsible for conveying the message, it is our job to help by giving them feedback, whether they ask for it or not.

After you have listened to the message (or while listening to it, if it’s a long message), check your understanding of the message by paraphrasing it. When we can repeat back a sender’s message correctly, we convey that we have listened to and understood the sender.46 Now we are ready to offer our ideas, advice, solutions, decisions, or whatever else is relevant to the sender’s message. As you speak, pay attention to the other person’s nonverbal communication. If the person does not seem to understand what you are talking about, clarify the message before finishing the conversation. The sender and receiver roles can continue to alternate throughout the conversation.

IMPROVING LISTENING SKILLS. Do you talk more than you listen? Ask people who will give you an honest answer—perhaps your boss, your coworkers, or your friends. Regardless of how much you listen, if you follow the guidelines discussed in this section, you will become a better listener. Review items 1, 4, 5, 6, 9, 12, 13, 14, and 15 in Self-Assessment 10-1, which are the statements that describe good listening skills; the other numbered statements are things not to do. Select a couple of your weaker areas, the ones with lower numbers, and work to improve them.

10-1 APPLYING THE CONCEPT

Communications

Identify whether each strategy listed below is an effective or ineffective aid to communications.

a. effective

b. ineffective

____ 1. When listening to instructions, if you don’t understand something being said, you should not do or say anything until you have received the entire set of instructions.

____ 2. You should repeat back what the other person said word-for-word when you paraphrase.

____ 3. After you finish giving instructions, you should ensure understanding by asking the person, “Do you have any questions?”

____ 4. When giving instructions, you should tell the receiver your communication objective before giving the details of what is to be done to complete the task.

____ 5. We should multitask while receiving messages face-to-face so that we can get more than one thing done at a time.

p.350

JOB SATISFACTION

LO 10-2

Discuss the primary reason why measuring job satisfaction is so difficult, identify the best tool for getting employees to tell the truth about their level of satisfaction, and list the major determinants of job satisfaction.

Job satisfaction, as we first noted in Chapter 1, is a feeling of well-being and acceptance of our place in the organization, and it is generally measured along a continuum from satisfied/positive/high to dissatisfied/negative/low. Remember that job satisfaction is important to us because it affects many other factors at work.47 It can have a direct effect on all of our other dependent variables discussed in Chapter 1—productivity, absenteeism, and turnover—so high job satisfaction is beneficial for firm value.48 Studies have also found that dissatisfied employees are more apt to break the rules and sabotage coworker performance.49 In a 2017 SHRM survey,50 the greatest contributors to job satisfaction were: Respectful treatment of all employee at all levels (65% said this was very important); Trust between employees and senior management (61%); tied with Compensation (61%).

WORK APPLICATION 10-5

Review your answers to the Listening Skills, 10-1 Self-Assessment. What are your two weakest areas, and how will you improve them?

Notice that two of the top three contributors to job satisfaction were trust and respect—two things we have already mentioned in this chapter. In addition, recalling the information on communication and especially the section on active listening and empathy, you can easily see that without successful communication we can’t maintain trust and respect between employees and management.

Job Satisfaction/Dissatisfaction and Performance

It is very difficult to have good employee/labor relations when employees don’t like their jobs, and there are many other potential consequences of poor job satisfaction, including lower levels of health and wellness, higher levels of alcohol and other substance abuse, physical or psychological withdrawal on the part of the employee, and high levels of theft and sabotage.51 Even attempts to unionize a workforce could be the result of collective job dissatisfaction, so managers are wise to pay attention to employee satisfaction levels. So, organizations do strive for employee job satisfaction.52

SHRM

M:4

Retention: Voluntary Turnover, Job Satisfaction, Withdrawal, Alternatives

It is known that employees with the personality traits of optimism and positive self-esteem tend to have greater job satisfaction.53 Although there has long been a debate over the expression, “A happy worker is a productive worker,” there is some support for the idea of a positive relationship between job satisfaction and organizational citizenship behavior (OCB), employee efforts that go above and beyond the call of duty,54 which can then lead to high-level results.55 In fact, in US companies ranked in the 100 best to work for, total annual stock returns were also 2–3% higher than peer companies,56 so there is evidence of direct financial benefit to the organization. However, there is also some support for the assertion that lower job satisfaction (or higher job dissatisfaction levels) can lead to lower productivity.57

WORK APPLICATION 10-6

Select a present or past job. Pick a person who had low job satisfaction and another who had high job satisfaction. How did their different levels of job satisfaction affect their job performance?

Also, low job satisfaction is a prominent indicator of a desire to leave the firm.58 In fact, in the SHRM survey noted above, two out of five employees were considering leaving their organization within the year due to low satisfaction with one or more factors.59 Women are more likely than men to be satisfied with their entry-level career, but the opposite is true at senior levels, as women hit the glass ceiling.60 Job satisfaction can also affect an individual’s satisfaction away from the job, as people tend to take their jobs home with them.61

Gary Vaynerchuk of New York–based digital media agency Vaynermedia notes that62 “I’ve learned that employee happiness and well-being come before everything else—including signing on new clients.” And he may be on to something—he has “taken two businesses from $3 million to $60 million in revenue, each in less than five years. . . .”

Measuring Job Satisfaction

Job satisfaction can be measured through an organizational development survey, but we have to remember that a survey is an indirect measurement. Since job satisfaction is an attitude, we can’t directly see or measure it. We can experience only behaviors directly, not attitudes. We have to indirectly evaluate attitudes—we have to ask people about their attitudes. This is the primary reason why job satisfaction is so difficult to measure accurately. As a result of the inability to observe job satisfaction, we must rely on individuals to self-report their level of satisfaction. However, this brings up a big question: Will employees tell us whether or not they are satisfied with their job?

p.351

SHRM

A:21

Attitude Surveys

As with so many management questions, the answer is that it depends. If managers and employees trust each other, then the employees may tell their managers the truth. However, as noted earlier in this chapter, if there isn’t strong trust between the two, then employees may think that if they say they are dissatisfied, their manager will get rid of them because they are “disgruntled workers.”

Because of this question of trust, it’s always a good idea to ensure that any job satisfaction surveys that are done within the organization remain completely anonymous. If the surveys are anonymous, and if the employees know that is the case, then they are much more likely to tell the truth when they take the survey.

There are two common types of job satisfaction surveys or questionnaires, with a fairly new method that can be used for either of the two. Let’s briefly review each of them now.

THE FACES SCALE OF JOB SATISFACTION MEASUREMENT. The first and simpler survey is called the “faces scale.”63 It’s pretty much what it sounds like: a series of pictures of several faces on a sheet of paper, with the face at one end of the scale looking very happy and the face at the other end of the scale looking unhappy or angry. All that the employee is asked to do is circle the face that most closely matches their satisfaction with their job. Exhibit 10-1 shows an example of the faces scale.

THE QUESTIONNAIRE JOB SATISFACTION MEASUREMENT. The second type of survey or questionnaire—the organizational development survey—is more complex and more comprehensive. An example of this type of survey is the Job Satisfaction Survey (JSS). Take a look at Exhibit 10-2, which shows some of the questions from the JSS.64 There are many different surveys of this type, and this is one of only a few that have been shown to be valid and reliable when used to measure job satisfaction in a work environment.65 The JSS includes nine factors: pay, promotion, supervision, benefits, contingent rewards, operating procedures, coworkers, nature of work, and communication.

PULSE SURVEYS. This type of short survey method—sometimes as short as a single question—is now being used by many companies.66 We can use a pulse survey to gain either a general picture of employee satisfaction or to spot problem areas so it can supplement either the faces scale or a job satisfaction survey. A single question pulse survey might be used to gauge general employee satisfaction on a recurring basis—as often as several times per week. If we see indications that there is an increase in dissatisfaction, we may want to change the pulse questions to try to determine in what areas our employees are dissatisfied.

These pulse questions may pop up on the employee’s computer screen at random times during the work day, where they can be quickly answered and the worker can move on with what they are doing. Because millennial and post-millennial employees are used to continual feedback, pulse surveys are catching on with companies that need to routinely engage these employees. Since the employee doesn’t think much about the single question, we may get a more generalizable idea of their satisfaction levels. Qualtrics—a survey company—notes that organizations may run full-scale employee engagement or satisfaction surveys every year or so, but that the pulse survey can complement those long evaluations on a more frequent basis so that we don’t miss a change in employee sentiment.67

Exhibit 10-1 FEMALE FACES SCALE

image

Source: “Development of a female faces scale for measuring job satisfaction” by Randall B. Dunham and Jeanne B. Herman, Journal of Applied Psychology, 60(5), October 1975, 629–631.

p.352

Exhibit 10-2 SAMPLE OF JOB SATISFACTION SURVEY (JSS) QUESTIONS

image

Source: P. Spector (1985), “Measurement of human service staff satisfaction: Development of the job satisfaction survey,” American Journal of Community Psychology 13(6), pp. 693–713.

WORK APPLICATION 10-7

Select an organization where you work now or where you worked in the past. Does the organization measure job satisfaction? If yes, state how it is measured and the level of job satisfaction. If not, what level of satisfaction do employees feel on a scale of 1 (low) to 6 (high)?

WHICH JOB SATISFACTION MEASUREMENT SHOULD WE USE? Since there are two types of measurement options here, which one should we use? Again, it depends. If we want a quick analysis of the basic level of job satisfaction in our organization, the faces scale has been shown to be quite accurate, and the pulse survey can be used for this purpose while being even faster.68 However, if we need a more in-depth analysis of job satisfaction, including what aspects of the job our employees may be dissatisfied with, the more complex and comprehensive JSS (or another longer survey instrument) would be the appropriate choice. Each tool has its value, and in combination, they can help us keep track of organizational job satisfaction levels over time.

Determinants of Job Satisfaction

WORK APPLICATION 10-8

Identify the three most important determinants of your job satisfaction, and explain why they are important to you.

Although compensation (pay and benefits) is important to job satisfaction, research historically has not strongly supported the idea that pay is the only, or even the primary determinant of job satisfaction in many cases; or that people in high-paying jobs are more satisfied than employees in low-paying jobs. Even though when asked, employees often reply that compensation is a primary satisfier for their work,69 money may not necessarily make employees happy.70 Although employee engagement and job satisfaction has been rising for the past few years, according to recent studies, the top reasons for job dissatisfaction are a lack of trust in management, poor communication between employees and senior managers, and failure to provide respectful treatment to all employees.71

Seven major determinants of job satisfaction are presented in Self-Assessment 10-2: Job Satisfaction. Complete it to find out what is important to you and your own level of job satisfaction. You can have an overall high level of job satisfaction and still not like some aspects of your job; this is common.

IMPROVING YOUR JOB SATISFACTION. Remember that job satisfaction is, to a large extent, based on personality and perception, so it can be changed. If you work at being more positive by focusing on the good parts of your job and spend less time thinking about problems, and especially complaining to others about your job, then you may increase your job satisfaction.72 Improving your communications and human relationship skills can help you to get along better with coworkers and managers and increase your job satisfaction. It can also increase your chances for growth and your opportunities for advancement and higher compensation.

p.353

10-2 SELF ASSESSMENT

Job Satisfaction

Select a present or past job. Identify your level of satisfaction with that job by placing a check at the appropriate position on the continuum for each determinant of job satisfaction.

image

Overall Job Satisfaction

When determining your overall job satisfaction, you cannot simply add up a score based on the above seven determinants, because they are most likely of different importance to you. Rank your top three factors below:

1. _______________________________________________________________________________________

2. _______________________________________________________________________________________

3. _______________________________________________________________________________________

Now, think about your job and the above factors, and rate your overall satisfaction with your job below:

image

LEGAL ISSUES IN LABOR RELATIONS

LO 10-3

Identify the major labor laws in the United States and the other legal issues in labor relations.

As with most management processes, a number of legal issues affect labor relations. Let’s discuss the major facets of the major labor laws at this point. All managers need to understand the constraints set by these labor laws to successfully do their job. In this section, we will introduce you to the major labor laws in the United States. See Exhibit 10-3 for a brief overview of the five major labor laws.

	Licensed Video Importance of Unions
	Licensed Video Unions and the Global Economy

p.354

10-2 APPLYING THE CONCEPT

Job Satisfaction

Correctly match each statement with its determinant of job satisfaction, writing the letter corresponding to each determinant before the statement associated with it.

a. personality

b. work itself

c. compensation

d. growth

e. coworkers

f. management

g. communications

____ 6. There is a job opening in the metal fusion shop, and I am going to apply for the position.

____ 7. I really enjoy fixing cars to help people get around.

____ 8. I’m mad at my manager because he didn’t give me the good performance review that I deserved.

____ 9. Of course I can do that task for you.

____ 10. The thing I like best about my job is the people I work with.

SHRM

A:9

Union-Related Labor Laws

The Railway Labor Act (RLA) of 1926

The Railway Labor Act was originally enacted to significantly limit the potential for railroad strikes to affect interstate commerce by hindering the general public’s ability to procure goods and services. Railroads were the primary means of moving goods from one state to another in 1926. Airlines were added to the act in 1936 because much of the US mail was beginning to be delivered with the help of airlines, and an airline disruption would affect the delivery of the mail. Airlines are subject to basically the same negotiation and mediation processes as were the railroads.73

SHRM

A:10

Union/Management Relations

The act also provides protection for workers’ right to join a union,74 and it requires that in so-called major disputes—disputes involving rates of pay, work rules, or working conditions—management and labor must participate in a fairly long negotiation and mediation process before a labor strike may be called. A strike is a collective work stoppage by members of a union that is intended to put pressure on an employer. This negotiation process is designed to force the two parties to come to an agreement without resorting to a strike, in almost all cases.

Exhibit 10-3 MAJOR LABOR LAWS

image

p.355

SHRM

B:14

Railway Labor Act of 1926 (RLA)

In 1934, the National Mediation Board (NMB) was created in an amendment to the RLA. If management and labor fail to negotiate a settlement to their disagreement, the NMB is tasked by the act with mediating the two parties’ disagreements. The NMB can, in fact, “keep the parties in mediation indefinitely, so long as it feels there’s a reasonable prospect for settlement.”75

SHRM

A:17

Strikes, Boycotts, and Work Stoppages

Even after the NMB determines that there’s no reasonable prospect for settlement through mediation, it can push the two parties to submit to an arbitration process. However, both parties must consent to arbitration. Finally, if arbitration is unsuccessful or is rejected, the NMB has the authority to refer the dispute to the president of the United States, who can create a Presidential Emergency Board (PEB) as a mechanism to investigate the disagreement.

It should probably be obvious by now that the intent of the act is to draw out the bargaining process between management and labor and push the two sides to resolve a labor disagreement without having to resort to a strike. In fact, in most cases involving minor disputes (disputes over items other than collective bargaining rights such as pay, work rules, or working conditions), strikes are prohibited under this law because a disruption in railroad or airline traffic could have such a devastating effect on the general public.

SHRM

B:12

National Labor Relations Act of 1935 (NLRA)

The National Labor Relations Act (NLRA) of 1935 (Wagner Act)

The National Labor Relations Act (NLRA; frequently called the Wagner Act) was the first major modern US law to deal with the legal issue of workers’ employment rights in the general workforce (workers who were not covered by special laws such as the Railway Labor Act) in the United States. The act states:

SHRM

A:18, B:20

Employer Unfair Labor Practices

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment.76

The NLRA was considered to be very one-sided by employers when it originally passed because it identified five “unfair labor practices” (prohibitions) for employers but identified no unfair labor practices for employee unions or labor organizations. The act was later amended to include unfair labor practices by employees and their representatives.

The employer unfair labor practices identified by the NLRA include the following:

1. Interfering with, restraining, or coercing employees in the exercise of the rights guaranteed in the NLRA

2. Dominating or interfering with the formation or administration of any labor organization, or contributing financial or other support to it

3. Discriminating in regard to hiring or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization (with some specific exceptions)

4. Discharging or otherwise discriminating (retaliating) against an employee because that person has filed charges or given testimony under the NLRA

5. Refusing to bargain collectively with the legitimate representatives of employees

The NLRA is enforced by the National Labor Relations Board (NLRB), which was created by the act. According to its website, the NLRB has five primary functions: conducting elections, investigating charges, facilitating settlements, deciding cases, and enforcing orders.77 The NLRB has authority over all elections to either certify or decertify unions within a particular employer’s workforce. It is also tasked with investigating any unfair labor practice charges and resolving those charges. In addition, when complaints of unfair labor practices cannot be settled, the case will typically be heard by an NLRB administrative law judge, whose ruling is subject to review by the NLRB itself. Board decisions may be appealed to a US Court of Appeals and, ultimately, to the US Supreme Court if the parties are still unsatisfied. The last of the NLRB’s tasks is enforcing orders. When a circuit court, an appeals court, or the US Supreme Court issues a decision in a labor relations case, the NLRB is the enforcement arm of the US government.

p.356

SHRM

B:13

Labor Management Relations Act of 1947 (LMRA)

The Labor Management Relations Act (LMRA) of 1947 (Taft-Hartley Act)

The Labor Management Relations Act (LMRA), also called the Taft-Hartley Act, was passed by Congress as an amendment to the 1935 NLRA. Whereas the NLRA identified a series of employee rights and employer unfair labor practices, the LMRA attempted to rebalance employer and employee rights.

SHRM

B:11

Labor Management Reporting and Disclosure Act of 1959 (LMRDA)

The LMRA included a number of new provisions that limited union and labor rights in the United States. It outlawed several types of union actions that had been used since passage of the Wagner Act. These included jurisdictional strikes,78 which union members used to push companies to provide them with certain types of jobs; wildcat strikes,79 where individual union members participated in strikes that were not authorized by the union; secondary boycotts,80 in which a union participating in a strike against a company would pressure other unions to boycott organizations that did business with that company; and closed shops, which provided for “the hiring and employment of union members only.”81 In addition, the law limited union shops,82 where every employee was required to become a member of the union within a certain time period. Finally, the LMRA provided that supervisors had no right to be protected if they chose to participate in union activities, so if a supervisor participated in unionizing activities, the company was allowed to terminate them.

The LMRA, as noted in the beginning of this section, also created a set of unfair labor practices for unions and labor. Unfair union/labor practices include the following:83

• Restraining or coercing (a) employees in the exercise of their rights guaranteed in the NLRA or (b) an employer in the selection of his representatives for negotiations

• Causing or attempting to cause an employer to discriminate against an employee who is not a union member

• Refusing to bargain collectively with an employer, provided the union is the elected representative of its employees

• Engaging in or encouraging any individual to engage in a secondary boycott of an employer

• Requiring dues that the NLRB finds excessive or discriminatory

• Causing or attempting to cause an employer to pay for more workers than necessary or pay for services that are not performed (this is called featherbedding)

• Picketing or threatening to picket an employer for the purpose of forcing the employer to bargain with the labor organization, unless the labor organization is certified as the employees’ representative

In addition to the limitations on unions and labor, the LMRA created mechanisms for decertifying unions through an election process, and it allowed the states to pass a right-to-work law. Missouri became the 28th US state to pass right-to-work legislation in 2017.84 Right-to-work laws work directly against union shops by declaring that every employee in a company has a right to work, even if they choose not to join the union representing the shop.85 Union shops cannot be set up in states that pass right-to-work laws.

The Labor Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act or LMRDA)

The LMRDA came about as the result of a congressional investigation in the 1950s that linked organized crime with some national labor unions. The act required specific disclosures by union officials and provided certain rights to union members.

p.357

Among the important provisions of the law were these:86

• A statement of worker rights for union members as well as all other workers in organizations whose members are represented by a union agreement

• The right of all organization members (not just union members) to receive and evaluate collective bargaining agreements

• Freedom of speech when it comes to union activities

• Requirements for periodic secret ballot elections of union officers

• Requirements for unions to file copies of their constitution, bylaws, and annual financial reports with the federal government

• Requirements that any officers of the union who receive loans or other benefits from union funds, who have financial interests in employers whose members the union represents, or who deal with the union must file declaration forms stating such facts

• A prohibition against using union funds to support any specific candidate for union elections

• A declaration that union officers have a duty to manage funds and property of the union solely for the benefit of the members. If union officials fail in this fiduciary duty, they’ve committed a federal crime that can be punished with a fine of up to $250,000.

SHRM

B:16

Worker Adjustment and Retraining Notification Act of 1988 (WARN Act)

The Worker Adjustment and Retraining Notification Act of 1988 (WARN Act)

The last of the major federal labor laws that we will discuss here is the Worker Adjustment and Retraining Notification Act. The WARN Act was designed to protect workers in the case of a plant closing or large-scale layoff. The act says that management has to give employees notice of a plant closing or layoff at least 60 days ahead of time if more than 50 people will be laid off and if there are more than 100 full-time employees at the workplace. All workers are entitled to notice under WARN, including hourly and salaried workers as well as managers.87

If we don’t give our workers notice of a layoff or plant closing, can we still lay them off? In fact, we can do that by accepting the penalty provided in the law. The penalty provision says that an employer who fails to provide notice “is liable to each aggrieved employee for an amount including back pay and benefits for the period of violation, up to 60 days,” plus a fine of up to $500 per day of violation.88What this means is if we lay people off with fewer than 60 days’ notice, we have to pay them as if they were still employed for the 60 days anyway.

Why would we consider releasing employees but still paying them for 60 days? Well, some workers might have the ability to sabotage the organization, and therefore, we need to get them out of the company before they have a chance to hurt it. If we were to give them 60 days to stay and they had the ability to harm the organization, some of them might take advantage of that because they felt betrayed by the company. For example, if we were going to lay off a group of computer programmers, should we allow them to have access to the company computer system, knowing that they are going to lose their jobs in 60 days? Someone may potentially sabotage the system because they are mad at the company. So in some cases, we will say, “OK, I know that I am going to have to pay you anyway, but I am going to lay you off today even though I am required to give you 60 days’ notice.” However, if your employees are not likely to do harm to the organization in their last 60 days, you need to give them notice in accordance with the WARN Act, because that is just the right thing and a “fair and reasonable thing” to do.

Labor Laws Vary Significantly From Country to Country

Unfortunately, no text can provide a brief on the labor laws of each country or even generalize some aspects of labor law that would be valuable to managers in multiple countries. There are simply too many variables in labor law to be able to do so. However, we can provide an example of how labor and employment law differs by providing you with a sampling of some general differences. Take a look at Exhibit 10-4 for a brief review of major differences between EU, Mexico, and US labor rules. This will show you some key differences that will help you understand how labor law can vary from location to location.

p.358

10-3 APPLYING THE CONCEPT

Labor Laws

Identify each statement by the law it is discussing, writing the letter corresponding to each law before the statement discussing it.

a. RLA of 1926

b. NLRA of 1935

c. LMRA of 1947

d. LMRDA of 1959

e. WARN of 1988

____ 11. Featherbedding is illegal. The union can’t put in the contract that we have to pay for services that we really don’t get. We should call in the National Labor Relations Board to investigate.

____ 12. The union president is afraid that I will speak up at the discussion to vote on the contract and influence the members to vote it down. So I think he had a few of his boys warn me to keep my mouth shut.

____ 13. I think we should call in the National Labor Relations Board to investigate the action that management is taking to stop us from unionizing.

____ 14. The company can’t give us a notice today, with our paychecks, that our factory is being closed next week and all 500 of us will be without a job.

____ 15. As pilots, we shouldn’t go on strike. Let’s get the National Mediation Board to help us.

Other Legal Issues in Labor Relations

In addition to the major labor laws, we need to do a quick review of some of the other issues in labor relations. There are several organizational issues that have become items of concern to companies either because of years of common law decisions or because they are associated with other federal laws that limit businesses in their ability to manage their workforce. Some of the more common issues that you might run into in your company include corporate whistle-blowers, wrongful discharge, constructive discharge, express contracts, implied contracts, and quasi-contracts.

Exhibit 10-4 SAMPLE LABOR LAW VARIANTS

image

p.359

WORK APPLICATION 10-9

Select an organization you work or have worked for and explain how the five major labor laws apply to that firm. What can and can’t the firm do under each law?

CORPORATE WHISTLE-BLOWERS AND THE LAW. A whistle-blower is an individual who tells an authoritative organization (such as a TV station or a government agency) outside the individual’s own company about actions within the company that the individual believes to be illegal. Among the many laws that deal with protection for whistle-blowers who expose fraud are the federal False Claims Act, the Sarbanes-Oxley Act, and, most recently, the Dodd-Frank Act. In fiscal year 2016, the US Department of Justice collected $4.7 billion in settlements and judgments from companies under the federal False Claims Act. Over $2.9 billion of the $4.7 billion was recovered with the help of whistle-blowers, who were paid an additional $519 million as their share in the recovery from the fraudulent acts.89 This shows the magnitude of the potential loss to organizations from whistle-blowers.

SHRM

B:28

Whistle-Blowing/Retaliation

Because there are incentives for whistle-blowing in many federal and state laws, organizations need to devise policies and create cultures that encourage employees to bring complaints of fraud or other illegal activities to the attention of the organization’s management, and that encourage managers to then investigate such claims. Research shows that about 97% of individuals who ultimately acted as whistle-blowers and reported company wrongdoing outside the firm first tried to report the illegal actions internally.90

SHRM

C:15

Sarbanes-Oxley Act of 2002 (SOX)

Here are six things that can encourage internal reporting and, as a result, limit outside reports of wrongdoing by the firm:91

1. Create and maintain a company culture that values reporting of unethical and illegal activities. If potential whistle-blowers feel that the company listens, they are less likely to take action outside the company.

2. Have a written policy on actions to be taken by the organization when reports of illegal or unethical activities occur. This policy should include information on avoiding adverse employment actions and should specifically address retaliation, a direct violation of many of the whistle-blower laws.

SHRM

C:16

False Claims Act

3. Routinely train all employees, especially managers and supervisors, on the contents of organizational policies concerning the reporting of illegal and unethical activities.

4. Provide multiple ways to report suspected illegal or unethical activities. As with sexual harassment, an individual’s supervisor may be the person suspected of illegal activity, and therefore, the supervisor should not be the only person designated to take reports of such activities. There needs to be a mechanism to allow the individual to avoid directly confronting the supervisor in such a case.

SHRM

B:18

Contractual and Tort Theories

5. Create and follow clear guidelines for investigation of reports and keep the whistle-blower informed of the progress in the investigation. The Just Cause procedures provided in Chapter 9 can be used in this situation to ensure that a fair investigation is conducted.

6. Maintain confidentiality if at all possible during and after the investigation. In some cases, the individual reporting the suspicious activity may have to be identified in the course of a thorough investigation or in the case of a criminal complaint; but unless it is absolutely necessary, the whistle-blower’s identity should be protected.

SHRM

B:23

Employment Contracts

EXPRESS CONTRACTS, IMPLIED CONTRACTS, AND QUASI-CONTRACTS. Good labor relations also require an understanding of the concepts of both formal and informal agreements. Each of these legal concepts means something slightly different, and all of them can affect employment contracts. Let’s take a quick look at the differences between the terms.

p.360

WORK APPLICATION 10-10

Select an organization you work for or have worked for and give an example of an express, implied, and quasi-contract that may have existed there (between you and the firm or between the firm and others).

An express contract is a transaction in which the agreement between two parties is specifically stated,92 whether orally or in writing. Generally, in employment and labor relations, any express contracts should probably be in writing due to the complex nature of the relationships between individuals. An implied contract exists when “the parties form an agreement from their actions rather than from a specific oral or written agreement.”93 Every manager needs to understand the concept of an implied contract. Nothing has to be written down; the parties don’t have to sign an agreement. All that has to happen is that the two parties act in a way that creates an agreement. In many cases, managers and supervisors don’t even realize that they have created an implied contract with their employees, but in fact have done so, and as a result cost the company significant amounts of money.

SHRM

B:22

Agency Relationships/Quasi-Contracts

For instance, if by words and actions a supervisor lets an employee know that if they perform well, they will be promoted, the supervisor may have entered into an implied contract that the employee can then require to be enforced. If it is not enforced by the supervisor and the organization, the employee may then resort to the courts. As managers, we need to be aware of the concept of an implied contract and avoid situations that would create an organizational obligation to our employees.

Finally, a quasi-contract is a contract that doesn’t really exist, but a court may create it to avoid an unfair situation. A quasi-contract is a court-ordered implied agreement to prevent one party in an action from benefiting at the expense of another party. Why would a judge or a court create an implied contract when one doesn’t exist? The answer basically comes down to a question of fairness regarding goods or services provided by one party to another. One of the more common examples of a quasi-contract in HR law would be an agency relationship. Agents are individuals who act on behalf of an organization. An agent may act on behalf of the organization in a way that a quasi-contract might be judged to exist. For example, assume that our organization has a relationship with an employment firm that frequently provides us with new employees with specific computer talents. Assume further that one of our managers saw the owner of the employment agency at the grocery store two weeks ago, on Sunday. During their conversation, our manager mentioned the need for a systems analyst to help with an ongoing project. The employment agency owner thought that he was being asked to find a systems analyst, and as a result, he started a search. The employment agency spent significant time finding a systems analyst and presented our manager with a candidate’s information this morning. Our manager protested that she hadn’t asked the employment agency to find this individual; but our manager also had knowledge of the historical informal relationship between the employment agency and our firm, and she should have known that such a conversation would result in the employment agency owner’s beginning a search. In this case, a judge might determine that a quasi-contract existed and cause our company to pay for the search undertaken by the employment agency.

10-4 APPLYING THE CONCEPT

Labor Contracts

Identify each statement by the type of contract being discussed, writing the contract type’s letter before the statement(s) describing the contract type.

a. express contract

b. implied contract

c. quasi-contract

____ 16. You must sign the standard 1-year contract if you take the job. You can join the union if you want to, but it is not a requirement to get the job.

____ 17. If you can get the task done today, I will let you leave an hour early tomorrow.

____ 18. Neal, you have been doing a good job. Keep it up and I will give you a raise during your next performance review.

____ 19. After 3 months of negotiations, the union president and CEO have signed the new collective bargaining agreement.

____ 20. I know I told you we are changing our health insurance carrier and that you have our business. Sorry, but I changed my mind—plus, we never signed anything.

p.361

Organizational managers, and certainly HR managers, must be aware of the concepts of express contracts, implied contracts, and quasi-contracts. Obviously, managers can obligate the firm to pay significant expenses by not knowing these terms. We always have to be careful of the way in which we phrase communications with others to avoid creating a contractual liability when none is intended.

WRONGFUL DISCHARGE AND CONSTRUCTIVE DISCHARGE. The last of our legal issues concerns employee termination or discharge. There are two specific issues that we have to be concerned with to maintain good labor relations—wrongful discharge and constructive discharge. Wrongful discharge is simply terminating an individual employee for an illegal reason, either in violation of a contract or in violation of state or federal law. Even in situations where employment is at-will, employers can’t violate laws or contracts to terminate employees. Many labor contracts have clauses concerning actions that constitute wrongful discharge. Employers must understand the terms of such clauses in order to avoid a contract violation.

Constructive discharge, on the other hand, is not really a direct corporate termination of employment at all. Recall from chapter 3 that constructive discharge exists when an employee is put under such extreme pressure by management that continued employment becomes intolerable and, as a result, the employee quits, or resigns from the organization. In this case, other members of the organization may put significant enough pressure on an individual or make it so difficult for the individual to continue normal work activities that the employee quits. This type of pressure generally occurs in retaliation for some action from the individual that harmed the employees and/or the organization.

For instance, if the individual acted as a whistle-blower and reported the company to government authorities, then managers or supervisors in the organization might retaliate by making it virtually impossible for the individual to do their assigned work. Examples of such retaliation could include constantly interrupting the individual’s work efforts and then reporting poor productivity, failing to provide necessary tools and equipment, or continually harassing the individual. If pressure from the other members of the organization is of such duration and/or intensity (severe and pervasive) that the individual could no longer reasonably do their job, then constructive discharge has probably occurred. Because such actions frequently occur as a result of retaliation against the individual for some legally protected action, constructive discharge is a serious offense that company managers need to be aware of. As HR managers, we must guard against constructive discharge.

UNIONS AND LABOR RIGHTS

LO 10-4

Briefly discuss the union certification process, the NO TIPS rules for labor elections, and the concept of collective bargaining.

The United States has a fairly strong history of unions and labor rights. Workers in the United States enjoy more rights and freedoms than do workers in many other countries, including the right to form and become members of unions. However, over the past 40 years, union membership has declined, and it continues to do so.94 In 2016, only 10.7% of American workers (approximately 14.6 million) were union members.95 Therefore, most businesses do not have unions as part of their HR process.

SHRM

A:8

Union Membership

People join unions for a variety of reasons, including increasing pay and benefits, especially good health care coverage and retirement plans. There are certainly both good and bad components to unions and unionization of organizational workforces. On the positive side, unions are tasked with providing their members with jobs in which they are provided fair wages and good benefits, as well as protecting them from arbitrary disciplinary or other actions by employers. On the negative side, unions frequently drive up employer costs, protect subpar employees, and may disrupt organizational work through strikes and other work stoppages. Let’s take a look at unions and their impact on organizations.

Union Organizing

The most prominent unions are those whose members are public sector employees such as teachers and police officers.96 Labor union membership in the private sector has decreased dramatically in the past 40 years in the United States, to the point where only about 6.4% of the private sector US workforce belongs to unions.97 Public sector unions have also been on the decline, with legal changes in some states having significantly cut their membership. When Wisconsin passed a law in 2012 making public sector union membership optional, membership in AFSCME (one of the largest public sector unions) in the state dropped by 45%.98 However, some experts believe that union organizing is beginning to increase.

p.362

image

©iStockphoto.com/FireAtDusk

Members of a union may go on strike to put pressure on an employer to improve working conditions.

If employees decide they want to join a union, what steps do they take? Usually, the employees will go through a union organizing process (Exhibit 10-5). In this process, employees will select a union to represent them and then ask for a vote of employees concerning whether or not they desire to be represented by the union. The primary method for union elections is a secret ballot. The NLRA (discussed earlier in the chapter) gives employees the right to bargain collectively with their employer and to choose a union as their representative.99 The NLRA is the primary federal law governing union organizing and elections in private firms.

An election is authorized if at least 30% of the employees in an appropriate bargaining unit sign authorization cards allowing a union to negotiate employment terms and conditions on the employees’ behalf. The union then presents these cards to the NLRB as an election petition. Once this happens, the NLRB sharply limits what management can say and do without being accused of an unfair labor practice.

A combination of strongly pro-labor NLRBrulings and mandates has recently made it much easier to organize new bargaining units. One decision that has caused significant concern for companies is the micro-bargaining unit decision that was recently upheld in NLRB v. Fedex Freight, Inc., in which the 3rd US Circuit Court allowed a small part of the employer’s workforce to constitute a bargaining unit.100 The NLRB has noted that these units would be “presumptively appropriate” unless other employees share an “overwhelming community of interests.”101 There is some evidence that union organizers win more often with smaller groups of employees voting, so this ruling could lead to stronger unionization efforts of small groups. The concern is that this micro-unit bargaining could lead to companies having to deal with several different union contracts within one company. This could create an untenable situation due to the time cost of bargaining with multiple unions each year.

WORK APPLICATION 10-11

Describe your experience with a union. If you have no experience, interview someone who has union experience to find out their views of the union. What do they like and dislike about the union?

The NLRB has also now agreed on a “quickie election” rule that allows union votes within 10 to 21 days of the date of the petition for election. The previous average time between the election petition and the vote was an average of about 38 days.102What this does is limit the company’s ability to provide employees with information that would be favorable to the organization before the vote is held. This rule is often referred to as the “ambush election” rule because employers feel like they are being ambushed without the opportunity to defend their current employment arrangement. Be aware, though, that there are current efforts in the US Congress to undo the ambush election rule.103 If these are successful, companies will have more time to respond to union organizing efforts.

p.363

Exhibit 10-5 THE UNION ORGANIZING PROCESS

image

THE NO TIPS RULES. What practices are prohibited from the point of providing the authorization cards to the NLRB? A lot of organizations use the acronym NO TIPS to identify what the company and its managers can’t do. NO TIPS stands for no Threats, no Interrogations, no Promises, and no Spying.104An example of each of these factors will help you understand what management can and can’t do under the NO TIPS rules:

• No Threats. Managers in the firm can’t threaten employees by telling them that the company will shut down a facility that votes for unionization and send the work elsewhere, maybe overseas.

• No Interrogations. The manager is prohibited from calling individual employees into the manager’s office and asking them about union organizing activities on the part of others in the workforce.

• No Promises. Management cannot promise employees that if they vote against union authorization, they will receive raises or changes in their benefits package.

• No Spying. Management is prohibited from planting individuals in union organizing meetings or other activities so that those individuals can report back to management on what is being discussed or who attends the meetings.

Remember, however, that these are just examples of things that are prohibited by the NLRA.

There is also one final limitation on actions by the organization and its managers in the last 24 hours prior to the union authorization election. Management is prohibited from holding group meetings with employees who will vote on unionization during this 24-hour period.

Once the election is held, a simple majority of those voting determines the success or failure of the campaign. In other words, if only 51 workers in a bargaining unit of 200 vote, and if 26 of the voters desire union membership, then membership in the union will be authorized.

p.364

HRM in Action The No Tips Rule

Labor Relations and Collective Bargaining

Labor relations are the interactions between management and unionized employees. Labor relations are also called union-management relations and industrial relations. Since there are many more nonunionized than unionized employees, most organizations don’t have to manage labor relations, but all have to manage employee relations as noted in Chapter 9.

SHRM

A:12

Collective Bargaining Issues

Collective bargaining is the negotiation process resulting in a contract between union employees and management that covers employment conditions. The most common employment conditions covered in contracts are compensation, hours, and working conditions; but a contract can include almost any condition that both sides agree to. Job security continues to be a major bargaining issue for many unions.105

SHRM

A:13

Collective Bargaining Process

Grievances

A grievance is a formal complaint concerning pay, working conditions, or violation of some other factor in a collective bargaining agreement. Grievance procedures help protect employees against arbitrary decisions by management regarding discipline, discharge, promotions, or benefits. They also provide labor unions and employers with a formal process for enforcing the provisions of their contracts. Grievance procedures provide a mechanism to allow an individual to bring up a complaint and have the company resolve the complaint in a timely manner.

SHRM

A:16

Grievance Management

Providing a grievance mechanism will generally encourage employees to raise concerns about fairness, working conditions, or contract provisions directly with management, which in turn allows managers to resolve such problems quickly and efficiently. Do you remember earlier, in Chapter 9, when we discussed tests for Just Cause? Those procedures are used if a grievance involves questions of fairness in disciplinary actions.

WORK APPLICATION 10-12

Describe a complaint that you brought to your supervisor and how it was handled. If you have never had a complaint, interview someone who has and describe the complaint and how it was handled.

As part of a labor contract, a formal grievance process will usually provide a mechanism to escalate discussion of the issue through successively higher layers of organizational management until the problem is resolved. It begins with an employee making a complaint to the supervisor in accordance with the labor contract provisions. The supervisor has a limited amount of time in which to investigate and respond to the complaint or to send it further up the management chain. If the complaint cannot be resolved quickly to the satisfaction of the employee, a union representative (usually the shop steward) will become the representative of the employee in further negotiations to resolve the issue. The grievance can continue up the chain until it reaches the head of the firm or the local plant manager. If it still can’t be resolved, there is frequently an arbitration clause in the union contract that requires both sides to submit the grievance to an arbitrator. The arbitrator’s decision on the matter is generally final—the parties cannot dispute it legally.

As a manager, when you have an employee come to you with a complaint, you can follow the steps in Model 10-3: The Employee Complaint Resolution Model. Note that in step 2, you don’t have to agree to implement the recommendation; and in steps 4 and 5, unless the employee is totally wrong in the complaint, you should try to resolve the complaint.

MODEL 10-3 THE EMPLOYEE COMPLAINT RESOLUTION MODEL

image

p.365

MANAGEMENT RIGHTS AND DECERTIFICATION ELECTIONS

LO 10-5

Briefly discuss what management can do to limit union organizing efforts.

Of course, management also has some rights concerning union organizing and labor relations. As in all areas of business, managers have to deal with the protection of the firm and all of its stakeholders when union and labor issues arise. What tools do managers have at their disposal to manage their interaction with unions and labor? Let’s find out in this section.

Limiting Union Organizing Efforts

Union organizing at a business can be disruptive to the work being done, so management has some ability to limit union organizing activities in the workplace. Here is what managers can legally do to limit union organizing efforts.

SHRM

A:19

Managing Union Organizing Policies and Handbooks

NO UNIONIZATION ON COMPANY TIME. The first thing management can do is limit the ability of union organizers to solicit employees during working hours and on company time. The organization is within its rights to prevent solicitation of employees as long as it is consistent with company solicitation policies and the company handbook. So for example, the company cannot limit union organizers’ rights to solicit employees, but then later allow a charitable organization to solicit employees for donations. In 1992, a famous case involving Lechmere Inc. went to the US Supreme Court. The court verified the company’s right to limit solicitations on company property as long as the company’s policies were consistent with all solicitors.106 However, the company cannot limit the rights of employees or union organizers to discuss unionization efforts outside of normal work hours, such as during lunch breaks and before or after work.

MANAGEMENT’S POSITION ON UNIONIZATION. Management of the firm can identify the costs associated with union membership (such as dues), as well as limits that may be imposed on promotions or compensation increases based on merit if the employees choose to unionize. Management can meet with employees to explain the company’s position on unionizing efforts and to tell employees the truth about what might happen to the company and its employees as a result of a successful organizing effort. Remember, though, that the company cannot threaten that the facility will close or that massive layoffs will occur or make any other threat to try to stop employees from voting for unionization (per the No Threats part of NO TIPS).

CHANGE AGREEMENTS AND USE OF NONUNION EMPLOYEE REPRESENTATION. Management also has a right to change working agreements, even during a period when union organizers are soliciting their workforce, to show that they are responsive to their employees’ needs. This can include something called nonunion employee representation (NER), in which management gives employee representatives a voice in such things as working conditions, pay and benefits, job security policies, promotion, and grievance resolution.107 NER policies can sometimes effectively gut a unionization effort since the areas covered by NER are the most common areas of concern that lead to unionization of the workforce in any organization.

WORK APPLICATION 10-13

Describe any management attempts to stop unionization that you are aware of from any source.

Lockouts and Replacement Workers

Unions have the potential to strike against an employer if collective bargaining efforts have failed, but management also has a right to prevent employees from working in certain cases. Two significant tools in management’s arsenal are lockouts and replacement workers.108

A lockout occurs when management stops all work and physically prevents workers from entering the workplace. Lockouts can put economic pressure on members of the union due to the fact that employees may not be paid during the period of a lockout.109 If management and union representatives have made a legitimate attempt to come to an agreement on a contract but have reached an impasse in their collective bargaining process, then management is allowed to use a lockout. If negotiations have not reached a stalemate, a lockout is likely to be illegal.110 A good example of a lockout occurred in a dispute between the National Football League and the unionized NFL officials. You may remember that a blown call in a September 2012 game between Seattle and Green Bay put pressure on the NFL to settle the lockout.111

p.366

SHRM

A:11

Union Decertification and Deauthorization

Another tool that management may employ in the case of a strike is the hiring of replacement workers. This action is generally legal. However, whether or not striking employees have to be offered their jobs back depends on the type of strike action undertaken by the union and its members. An economic strike is a work stoppage over authorized collective bargaining issues such as pay or working conditions. In the case of an economic strike, “an employer may not discriminate against a striker, but the employer is not obligated to lay off a replacement worker to give a striker his job back.”112 Alternately, a strike may be called because an employer engages in unfair labor practices as defined under the NLRA. In the case of an unfair labor practices strike, the employees are protected from being permanently replaced and must be offered their jobs back when the strike concludes.

Decertification Elections

Decertification elections can be held to remove a union as the representative of company workers. This cannot happen within a year of a previous failed attempt at decertification, and management of the company can’t bring a decertification petition up on its own. Management cannot even directly encourage this action on the part of the employees; but it can provide information to employees regarding decertification processes if they request it, “as long as the company does so without threatening its employees or promising them benefits.”113

Employees or other groups such as another union or labor organization must bring decertification petitions forward. “Any impetus for decertification must come from the workers rather than the employer.”114 In a recent case, managers of Enterprise Leasing Co. personally encouraged an employee who was leading a decertification drive to “go back and get more” signatures when they found that the employee did not have enough signatures for the decertification effort to go through. Just this encouragement was enough to cause a decision that the company acted illegally.115 In general, if there is an existing labor contract in effect and the duration of that contract is 3 years or less, a petition can’t be brought to the NLRB until a window between 60 and 90 days before the end of the contract.116

What happens in a decertification process? First, 30% of covered employees must sign a petition for decertification of the union. Once this happens, the election process proceeds in pretty much the same way as the process for voting for union representation. Remember, though, that the employer cannot directly or indirectly encourage the decertification process. To avoid any implications of influence over the process, companies need to require that signatures on the decertification petition be collected in the same manner as are signatures for a certification petition—on nonwork time and in nonwork areas.

MANAGING CONFLICT

LO 10-6

Identify the five conflict management styles. How is each described in terms of win or lose?

Certainly, labor and management don’t intentionally create conflict, but the chance of conflict occurring is significant when two parties have to work in concert in any circumstance but each party has its own set of opposing goals. Incompatible activities occur117 because management wants to keep costs down and employees want to maintain and improve their standard of living. As a result of the potential for conflict, we as managers have to understand it and be able to work our way through conflicting goals. Thus, no chapter on labor relations would be complete without a discussion of conflict and negotiation. So let’s discuss conflict and conflict management styles (including negotiation) in this section, and let’s discuss negotiation in more detail in the next section.

p.367

image

©iStockphoto.com/EyeJoy

Hostess went bankrupt after failing to resolve disputes between management and labor unions.

Conflict

Remember that conflict exists whenever people are in disagreement and opposition. Conflict is part of every relationship118 and every social system.119 You are in conflict when you get aggravated at someone,120 or when someone does something that bothers you.121 So, you want to manage it effectively122 because, if you don’t, you can hurt feelings, kill important relationships, and damage your career.123 Thus, conflict management is an important skill in your personal and professional lives.124

On a personal level, in any relationship, we have expectations of what we will do and what the other party will do (the psychological contract). As long as people meet our expectations, everything is fine. We are in conflict when people don’t meet our expectations, and this happens for three major reasons. First, we fail to let others know our own expectations, and we don’t ask others for their expectations. Second, we assume that others have the same expectations that we have. Last, sometimes we don’t know our expectations until people do things in opposition to us. Thus, it is important to share information and communicate expectations.

WORK APPLICATION 10-14

Give an example of when you were in conflict at work. Describe how expectations were not met.

FUNCTIONAL VERSUS DYSFUNCTIONAL CONFLICT.People often think of conflict as “fighting” and view it as disruptive.125 However, conflict can frequently be beneficial,126 or functional, when it helps the organization meet its goals of increasing performance.127 On the other hand, conflict that prevents the achievement of individual and organizational objectives is called dysfunctional conflict.128 Conflict between management and labor often degrades into dysfunctional conflict, because of significantly different objectives. This can produce severe negative consequences for individuals and organizations. Conflict of ideas generally lead to changes that improve performance—functional conflict. Conversely, personal conflict tends to hurt relationships and decrease performance—dysfunctional conflict.

SHRM

A:15

Conflict Management

Conflict Management Styles

When we are faced with conflict, we have five basic conflict management styles to choose from. The five styles are based on two dimensions of concern: concern for others’ needs and concern for our own needs, and being cooperative or not. Various levels of concern and cooperation result in three types of behavior: passive (taking no action or permissively giving in to others), assertive (defending our position while considering others’ needs), and aggressive (fighting for what we want without considering others’ needs, or taking advantage of others).

Each conflict management style results in a different win-loss pattern. The five styles are presented in Exhibit 10-6. Note that there is no right or wrong style. Each style has its advantages and disadvantages and is appropriate to use in different situations. However, collaborating is the ideal situation.

AVOIDING. The user of an avoiding conflict style attempts to passively ignore the conflict rather than resolve it.129 When we avoid a conflict, we are being passive and generally uncooperative. We avoid conflict when we refuse to take a stance, when we mentally withdraw, or when we physically leave. A “lose-lose” situation results because the conflict is not resolved.

ACCOMMODATING. The user of an accommodating conflict style attempts to resolve conflict by passively giving in to the opposing side. When we use the accommodating style, we are being passive but cooperative. We attempt to satisfy the needs of others but neglect our own needs by letting others get their own way. We create a “lose-win” situation—we lose and allow the other party to win.

p.368

Exhibit 10-6 CONFLICT MANAGEMENT STYLES

image

AVOIDING VERSUS ACCOMMODATING. A difference between the two styles is this: When we avoid, we just don’t say or do anything. How many times have you heard someone say something dumb and you just ignored it, rather than get into an argument? When we accommodate, we do something we don’t really want to do. For example, if you and another person are working on a project together and you go along with that person’s way of doing a particular task, even though you disagree with it, then you are using the accommodating style. Isn’t accommodating part of friendship? We often have to accommodate our bosses, especially when they use a forcing style.

WORK APPLICATION 10-15

Select a present or past boss and identify which conflict management style the boss uses most often when in conflict with employees. Give a typical example conflict and how the style is used.

FORCING. Users of a forcing conflict styleattempt to resolve conflict by using aggressive behavior to get their own way. When we use the forcing style, we are aggressive and uncooperative; we do whatever it takes to satisfy our own needs at the expense of others. Forcers use authority, threaten, intimidate, and call for majority rule when they know they will win.

Forcers commonly enjoy dealing with avoiders and accommodators. If we try to get others to change without being willing to change ourselves, regardless of the means, then we use the forcing style and create a “win-lose” situation in which we win but everyone else loses. Being in a position of authority, some managers tend to use this style frequently to get their way quickly.

NEGOTIATING. The user of the negotiating conflict style, also called the compromising style, attempts to resolve conflict through assertive give-and-take. When we use the negotiating style, we are moderate in assertiveness and cooperation, and we create a situation in which each side achieves a partial victory through compromise. This is a “win-some, lose-some” form of conflict resolution. Negotiation is how collective bargaining works, and we will discuss it in more detail in the next major section.

COLLABORATING. The user of a collaborative conflict style, also called the problem-solving style,assertively attempts to resolve conflict by working together with the other person to find an acceptable solution. When we use the collaborative approach, we are being highly assertive and cooperative. Whereas avoiders and accommodators are concerned about others’ needs and forcers are concerned about their own needs, the collaborators are concerned about finding the best solution that is satisfactory to all. Unlike the forcer, the collaborator is willing to change if a better solution is presented. While negotiating is often based on secret information, collaboration is based on open and honest communication. This is the only style that creates a true “win-win” situation.

p.369

WORK APPLICATION 10-16

Which one of the five conflict management styles do you tend to use most often? Should you be using another style more often? Why or why not?

NEGOTIATING VERSUS COLLABORATING. A difference between these two options lies in the solution each option leads to. Again, suppose you and another person are working on a project and she wants to do a task in a way that you disagree with. With the negotiating style, you might do this task her way and the next task your way; you each win some and lose some. With the collaborating style, you work to develop an approach to the task that you can both agree on. The key to collaboration is agreeing that the solution picked is the best possible one. Thus, you create a win-win situation. Unfortunately, we can’t always collaborate.

USING THE MOST APPROPRIATE STYLES. Again, there is no one best style for resolving all conflicts. A person’s preferred style tends to meet their needs. Some people enjoy forcing; others prefer to avoid conflict. Managerial and personal success lies in one’s ability to use the appropriate style to meet the situation. For most people, the two most difficult styles to develop are the negotiating and collaborating styles. Thus, we discuss these two skills in more detail next and in the next major section.

Initiating Conflict Resolution

The way you express conflict will influence perceptions and reactions, changing the way the conflict process unfolds, and subsequently outcomes.130 Conflict resolution models have also been shown to be effective in managing conflict, so when initiating a conflict resolution process, you may want to use the collaborative conflict resolution model. Research suggests that collaborative conflict resolution skills can be developed. The steps of the model are illustrated in Model 10-4.

10-5 APPLYING THE CONCEPT

Conflict Management Styles

Identify the most appropriate conflict management style to use in each situation, writing the letter corresponding to each style before the situation(s) where it is appropriate.

a. avoiding style

b. accommodating style

c. forcing style

d. negotiating style

e. collaborating style

____ 21. As you leave your office, you see at the other end of the work area your employee Ricky, who is goofing off instead of working. You’re on your way to an important meeting and running late.

____ 22. You’re over budget for labor this month. The work load is light, so you ask Terri, a part-time employee, to leave work early. Terri says she doesn’t want to go because she needs the money.

____ 23. You have joined a committee to make contacts. You have little interest in what the committee actually does. At a meeting, you make a recommendation that is opposed by Jim. You realize that you have the better idea, but Jim is using a forcing style.

____ 24. You are on a task force that has to select a new computer cloud service. The three alternatives will all do the job; but team members disagree about the company, price, and service they need.

____ 25. As the sales manager, one of your competent salespeople, Anna, is trying to close a big sale. The two of you are discussing the sales call she will make. You disagree on the strategy to use to close the sale.

p.370

MODEL 10-4 INITIATING CONFLICT RESOLUTION MODEL

image

Consider an example: Suppose that you don’t smoke and are in fact allergic to cigarette smoke. Some of your coworkers do smoke; and although they are allowed to do so in the employees’ lounge, most of them avoid smoking when you are in the lounge. One coworker, however, persists in smoking in your presence. This is a problem—you can’t always avoid going into the lounge during breaks or lunch. You decide to initiate a collaborative solution to this problem. You begin by asking the smoker to help you solve your problem. This approach reduces defensiveness and establishes an atmosphere that will help maintain a good relationship.

Step 1. The first step in the collaborative conflict resolution model is to express the problem in a BCF statement—that is, a statement that describes a conflict in terms of behaviors (B), consequences (C), and feelings (F)—in a way that maintains ownership of the problem.

There are three things you should not do in the BCF statement:

1. Don’t make judgments.131 Do you like people telling you what you should or shouldn’t do, or that you are wrong or at fault? Do you like to hear, “You never/always/constantly do it.” This can make the person defensive.

2. Don’t make threats.132 This should be a last, not first, option.

3. Don’t give solutions. Do you like people telling you what to do? This is done in step 3.

Regarding the smoker, we should make statements like “When you smoke around me (B), I have trouble breathing and become nauseous (C), and I feel ill and stressed (F).” We don’t want to make statements like “You are inconsiderate of others, you shouldn’t smoke, and you are going to get cancer. So just quit smoking.”

Note that you can vary the sequence if a situation warrants it. For example, you can say, “I fear (F) that some viewers will respond negatively to this advertisement (B) and we will lose money by running it (C).”

Now, what exactly does “maintaining ownership of the problem” mean? Think about it—is it you or the smoker who has the problem? Since the smoker is allowed to smoke in the lounge, the problem is yours. Maintaining ownership of the problem means expressing it without assigning blame or making assumptions about who is right or wrong. Fixing blame only makes people defensive, which is counterproductive in conflict resolution. Your BCF statement should be descriptive, not evaluative, and it should deal with a single issue.

Before confronting the other person, practice your BCF statement. Also, think of some possible solutions you might suggest. But be sure your ideas take into consideration the other person’s point of view, not just your own. Remember to practice empathy—try to put yourself in the other person’s position. If you were that person, would you like the solutions you have thought of?

Step 2. You cannot resolve a conflict if the other person does not even acknowledge that it exists. After stating the problem, let the other person respond. Your coworker might say, “Oh, I didn’t realize you reacted so strongly to cigarette smoke,” or “Well, that explains why everybody puts out their cigarettes when you’re around.” On the other hand, the coworker could say, “What’s the big deal? You can just stay away from the lounge if smoke bothers you.” If the other person doesn’t understand or acknowledge the problem, you’ll need to be persistent. Repeat your statement in different terms, if necessary.

p.371

Step 3. Once the other person acknowledges the problem, ask them how the conflict might be resolved. Perhaps the person will suggest something that you can agree to; if so, you’re well on your way to a resolution of the conflict. If not, be prepared with your own suggestions. However, remember that you are collaborating, not simply trying to change the other person. If they acknowledge the problem but seem unwilling to resolve it, appeal to common goals. Try to make the other person realize how they might also benefit from a solution to this conflict.

Step 4. The final step in the collaborative conflict resolution model is to come to an agreement. Determine what specific actions you will each take to resolve the conflict. Perhaps your coworker will agree not to smoke in your presence, now that he knows how it affects you. Perhaps you’ll suggest changing your lunch hour, so you don’t run into each other in the lounge. Clearly state whatever actions you each agree to. Skill Builder 10-1, at the end of this chapter, can help develop your conflict resolution skills.

NEGOTIATIONS

LO 10-7

Describe the negotiation process. Briefly explain the processes of mediation and arbitration and the major difference between the two.

In this section, we discuss the negotiation process so you will know how to negotiate effectively in your personal and professional lives. There are times when negotiations are appropriate and maybe even necessary, such as in management–union collective bargaining, when buying and selling goods and services, and when discussing a job compensation offer.133 Negotiating is not about being unethical for personal gain,134 or being a narcissist and deceiving people to create an “I win and you lose” situation.135 It’s about building trust so that everyone gets a good deal.136 Negotiation skills are an important part of human relations skills (Chapter 1).137 Thus, negotiating is an essential career skill.138

SHRM

A:14

Negotiation Skills

The Negotiation Process

NEGOTIATING. Negotiating is a process in which two or more parties in conflict attempt to come to an agreement. If there is a set “take it or leave it” deal, there is no negotiation, so good managers generally want to try to avoid making such statements.139 Also, not all negotiations end with an agreement.

Negotiation is often a zero-sum game in which one party’s gain is the other party’s loss.140 For example, every dollar less that you pay for a cellphone is your gain and the seller’s loss. Ideally, however, negotiation should be viewed by all parties as “I win some and you win some,” rather than a win-lose situation; all parties should believe they got a good deal.141 If union employees believe that they lost and management won, they may become dissatisfied with their jobs, which could result in lower performance in the long run. You can develop your negotiation skills by implementing the negotiation process below.

THE NEGOTIATION PROCESS MODEL. Not everyone is born a great negotiator, but the skill can be developed. Following the steps in the negotiation process can help you develop your negotiation skills.142 The negotiation process has three and possibly four parts. These steps are summarized in Model 10-5 and discussed throughout this section. We discuss the process in two parts to reflect the planning and actual negotiation in which you may or may not postpone or agree to make a deal. In the course of actual negotiations, you may have to make slight adjustments to the steps in the process.

Planning the Negotiation

Success or failure in negotiating is usually based on preparation.143 Planning has four steps:

Step 1: Research the other parties to the negotiation. Do your homework.144 Know the key power players, and make sure you are dealing with the right people. Try to find out what the other parties want and what they will and will not be willing to give up before you negotiate,145 and what they expect in return.146 Find out, through your networking grapevine, their personality traits and negotiation style. You can also Google, Facebook, et cetera, the people for information.147 The more you know about those with whom you will be negotiating, the better your chances are of reaching an agreement. If you have worked with some of the people before, think about what worked and what did not work in the past. Know what your deal is really worth before you negotiate.148 Doing your homework can result in realizing whether or not it’s worth the time and effort negotiating.149

p.372

MODEL 10-5 THE NEGOTIATION PROCESS

image

Step 2: Set objectives. In some negotiations, your objective will be to change someone’s behavior; at other times, you may be negotiating salary or benefits or a better price from a supplier. Know what you want to get out of the deal.150 Be clear about what it is you are negotiating. Is it price, options, delivery time, sales quantity, or something else entirely? Set limits—what price and other key terms do you need to make a deal?151 In any case, you want to set three objectives:

• A specific lower limit that you are unwilling to give up (say, a certain behavior on the part of your peer in the department or a minimum price from your supplier). You must be willing to walk away from negotiations if this lower limit is not agreed to.

• A target objective that represents what you believe is fair

• An opening objective that is more than you actually expect but that you may achieve

Remember that the other person or party is probably also setting these kinds of objectives. The key to successful negotiation is for each person or party to achieve something between their minimum objective and their target objective—that is, to win some and lose some.

p.373

Step 3: Try to develop options and trade-offs. In some negotiating situations, you may find that you are in a position of power to achieve your target objective. For example, when negotiating prices with a supplier or applying for jobs, you may be able to quote other prices or salary offers and get the other person to beat them. If you have to give up something or cannot get exactly what you want, be prepared to ask for something in return.152 When GM, Eastern Airlines, and others were having financial difficulties, the company asked employees to take a pay cut. Rather than simply accept a cut, the employees asked for company stock in a trade-off. Based on your research, you should be able to anticipate the kinds of trade-offs you might expect from the other person.

Step 4: Anticipate questions and objections and prepare answers. Very likely, the other party to negotiations wants an answer to the unasked question, “What’s in it for me?” Focus on how the negotiations will benefit the other person.153 Speak in terms of “you” and “we” rather than “I.”

There is a good chance that the other person will raise objections.154 Unfortunately, not everyone will be open about their real objections. Thus, you need to listen and ask questions to find out what is preventing an agreement. It will also help to project an attitude of enthusiasm and confidence. If the other person does not trust you, you will not reach an agreement.

Negotiate

After you have planned, you are ready to negotiate the deal. Face-to-face negotiations are generally preferred because you can see the other person’s nonverbal behavior and better understand objections.155 However, negotiations by telephone and written negotiations (email) work, too.

It will help to keep the following in mind as you negotiate:

Step 1: Develop rapport and focus on obstacles, not on the person. Use the other person’s name as you greet them. Relationships are always wrapped up in underlying influences,156 so it is appropriate to open with small talk and develop a relationship.157 How long you wait before getting down to negotiations will depend on the particular situation and the other person’s style.

Never attack the other person’s personality or use negative statements such as, “You always bad-mouth me to the boss” or “You’re being unfair to ask for such a price cut.” Statements like these will make the other person defensive, which will make it harder to reach an agreement.158 During negotiations, people look for four things: inclusion, control, safety, and respect. If people perceive that you are pushing them into something, threatening them, or belittling them, they will not trust you and will be unlikely to come to an agreement with you.159

Step 2: Let the other party make the first offer. Letting the other party make the first offer often gives you the advantage, because if the other party offers you more than your target objective, you can close the agreement.160 Of course, the other party may pressure you to make the first offer; for example, the person may say, “Give us your best price, and we’ll decide whether to take it.” If so, you can counter with a question such as, “What do you expect to pay?” You should let the other party go first so that if you get a better offer than you expected, you can take it and get more than your target. If the offer is lower than your target, you can negotiate to get more.

Step 3: Listen and ask questions to focus on meeting the other party’s needs. Create an opportunity for the other person to disclose reservations and objections. Focus on how your deal will benefit the other party.161 When you give people what they want, they tend to give you what you want.162 Zig Ziglar said, “You can have everything in life you want, if you will just help enough other people get what they want.”163 When you ask questions and listen, you gather information that will help you overcome the other party’s objections. Determining whether the objection is a “want” criterion or a “must” criterion will help you decide how to proceed.

p.374

image

Negotiations are common, making good negotiation skills important for personal and professional success.

Step 4: Don’t be too quick to give in, and remember to ask for something in return. Those who ask for more often get more.164 But many people—especially many women—are reluctant to ask for what they deserve. You want to satisfy the other party without giving up too much yourself; remember not to go below your minimum objective and be prepared to walk away if that minimum can’t be met. If you are giving something, you ought to get something in return.165 When you are not getting what you want, having other options can help give you bargaining power.

Though you don’t want to be quick to give in, you might want to be the first to make a concession, particularly when you are negotiating complex deals. A concession makes the other party feel obligated, which gives you negotiating power. However, before making a concession, it’s essential to know what all of the other party’s demands are. And avoid unilateral concessions.

WORK APPLICATION 10-17

Assess how well you plan for and run a negotiation. Which steps do and don’t you follow? How can you improve your negotiating skills?

Be reluctant to lower your price. If you have to, ask for something in return, which means giving something and getting something else. For example, if you are offered a job at $35,000 but your target is higher and the other side will not or cannot come up, ask for more vacation days, more retirement, or more benefits. If you are buying a car and the sales rep will not come down in price, ask for an extended warranty, new tires, and so on. Skill Builder 10-2 can help develop your negotiation skills.

SHRM

A:2

Alternative Dispute Resolution

Alternative Dispute Resolution: Mediation and Arbitration

Labor and management are required by law to bargain with each other in good faith, and companies need to maintain effective employee relations—but when in conflict, we cannot always resolve our dispute alone. In these cases, we can use something called alternative dispute resolution. Alternative dispute resolution includes a series of tools, most commonly either mediation or arbitration, which parties in conflict can use to resolve their disagreements without going through the process of litigation. The US government’s Federal Mediation and Conciliation Service (FMCS) is often used as an alternative dispute resolution resource. For more information about the FMCS, visit its website at http://www.fmcs.gov. At this point, let’s take a little more detailed look at both mediation and arbitration.

WORK APPLICATION 10-18

Describe a conflict that you could not resolve on your own and that a neutral third party (a teacher, coach, or boss) got involved in to help you resolve. Assess how helpful the mediator or arbitrator was.

In many cases in an organization where conflicts occur, a mediator may be used. A mediator is a neutral third party who helps resolve a conflict but has no authority to impose a solution to the conflict. As a manager, you may often be called upon to serve as a mediator between two employees. In this case, remember that you should be a mediator, not a judge. Your task is to get the employees to resolve the conflict themselves, if possible. You will need to work diligently to remain impartial, unless one party is violating company policies.

When bringing employees who are in conflict together, focus on how the conflict is affecting their work. Discuss the issues by addressing specific behavior that bothers the other person and not discussing personalities. If a person says, “We cannot work together because of a personality conflict,” ask the person to identify the specific behavior that is the root of the conflict. The discussion should make the parties aware of their behavior and of how its consequences are causing the conflict. What expectations are not being met?

In the mediation process, the purpose of the mediator is to assist the parties in overcoming barriers to communication as well as other barriers that are keeping the parties from resolving their differences. Facilitation is one of the major tools available to the mediator. When people act as facilitators, their primary purpose is to help individuals or groups who are in conflict to overcome hurdles that are keeping the conflict from being resolved.

p.375

As in most cases, an example will help you understand how a mediator might act in the role of facilitator. Let’s assume that an individual employee and their supervisor are in conflict over how to resolve a grievance concerning unsafe tools in the workspace. The employee, in fact, filed a grievance based on a concern for their own safety and the safety of others, while the supervisor is under the impression that the employee just wants newer and nicer tools. The employee’s grievance was initially denied by the supervisor, and the contract with the labor union allows a mediation process between the direct supervisor and the employee prior to going up the chain of command to higher-level managers.

In this case, the mediator could step in and assist by acting as a facilitator of communication between the two parties. While the employee is concerned with safety, the supervisor is concerned with the overall cost of buying new tools or equipment. Part of the supervisor’s job is to control costs in the work area, and the tools that would have to be replaced are very expensive. However, the supervisor did not initially know the details concerning how the existing tools were unsafe, and the employee had not successfully explained the nature of the problem in the initial grievance. The mediator helps the two parties communicate with each other about their concerns—the mediator helps the supervisor relay their concern for cost controls while also providing the employee with assistance in identifying the specific problem with the tools that makes them unsafe. The result might be that both parties successfully communicate their concerns, but the supervisor realizes that the issue of safety is much more significant than the issue of cost and therefore agrees to buy the new tools that the employee has requested.

If the conflict cannot be resolved by mediation, an arbitrator may be used as a follow-up. An arbitrator is a neutral third party who resolves a conflict by making a binding decision. Many business contracts require the use of an arbitrator rather than seeking relief by way of the court system. An arbitrator basically acts like a judge in a civil hearing. The arbitrator will hear arguments from both parties in a conflict, may ask questions of each of the parties in order to clarify issues, and will then make a decision on which party will “win” the case.

The most significant difference between the processes of mediation and arbitration is that the result of an arbitration process is binding on the parties who are in conflict. Mediation, on the other hand, is merely a process designed to assist the parties in coming to an agreement on their own. The mediator has no authority to impose a solution on the two parties in conflict. Because of this difference, the use of arbitration should be kept to a minimum because it is not a collaborative process.

TRENDS AND ISSUES IN HRM

LO 10-8

Discuss recent NLRB rulings dealing with the employer/employee relationship and briefly discuss the issue of union avoidance and suppression.

It’s time to take a look at this chapter’s trends and issues. We will first take a quick look at how recent NLRB decisions are changing how businesses must operate and then review some of the significant costs of poor job satisfaction and employee engagement in this section.

The NLRB Is Redefining the Employer/Employee Relationship

The NLRB continues to redefine protected activity in both union and nonunion environments. Rulings in the past several years have consistently and heavily favored the employee when there have been questions concerning whether actions on the part of the employee have been protected concerted activity. A few examples of actions that have been protected by the NLRB will help you understand the problem that businesses face in managing their organizations.

A worker at Pier Sixty, a catering company, posted a profane rant about his manager, the manager’s mother and family, and was fired when managers saw the post. The NLRB ruled that the post was protected activity because the worker had noted, “Vote YES for the UNION!!!!!,” and the company was forced to rehire the offending employee.

p.376

The NLRB recently held that companies with broad “no recording” policies at work were in violation of the NLRA. Whole Foods had banned audio and video recordings without managerial consent, reportedly so that employees did not feel discouraged to speak out in meetings. The NLRB held that broad bans against recording were illegal infringements on “concerted activity regarding terms and conditions of employment.”166

MikLin Enterprises, a Jimmy John’s franchisee, terminated six employees and disciplined three others when they participated in a sign campaign outside of its stores saying that employees who were sick were fixing food in the restaurants because they did not have paid sick leave.167 The NLRBdetermined that the workers’ activity did not rise to the level of being seriously disloyal to the company, and legitimately discussed working conditions at the restaurants. MikLin was forced to rehire the terminated employees and rescind the disciplinary actions against the others.

Finally, as far as companies are concerned, there is at least some voice of reason in some of the federal court decisions. The D.C. Appeals Court recently reversed an NLRB ruling that AT&Tworkers were acting in protected concerted actions when a group of them wore disparaging T-shirts to work saying “Prisoner of AT&T.” The D.C. court said, “Common sense sometimes matters in resolving legal disputes,” and noted that “the message was offensive and bound to undermine the company’s relationship with its customers.”168 HR managers will have to stay tuned to see whether, or how much the NLRB will be reined in as new board members are appointed by the current administration.

Are Union Avoidance or Suppression Policies Ethical?

Somewhat surprisingly, membership in unions in the United States continues to drop, even in the face of extremely pro-employee rulings on the part of the NLRB. Companies have become significantly more savvy in union avoidance and in suppressing unionization attempts. Union suppression is where a company uses all the tactics available to prevent the unionization of the company’s workforce. These tactics can include such things as spreading rumors about potential job losses, hiring consultants who specialize in union avoidance tactics, hiring labor lawyers who know the limits to what the company can do to avoid unionization, closing facilities that vote for unionization, bringing in disgruntled current members of the union to talk to your workforce, and many other tactics.

Is this process of union avoidance and even suppression ethical or unethical? Again, it depends. If the organization remains within the law and the NO TIPS guidelines, it may be ethical for company management to engage in union suppression. Even here, you need to look at fair, reasonable, and equitable treatment of employees in the organization and not just at whether or not the company is following the letter of the law.

We have discussed the issue of ethics in several chapters of this text, and we’ve noted that just because something is legal, it doesn’t mean that it is necessarily ethical. Staying within the letter of the law may not provide the company with the kind of workforce that it needs in order to compete with other firms in the 21st century. Here again, we return to the question of whether or not actions on the part of management will increase the satisfaction and engagement levels of the employees or cause them to decrease.

Tactics that employ actions such as the nonunion employee representation (NER) that we discussed earlier in the chapter can certainly be ethical methods of suppressing unions in some cases. Using these representatives can also increase employee satisfaction and engagement in the organization. So this tactic and other similar tactics would be considered ethical by most.

On the flip side, planting rumors, whether true or not, concerning the potential closing of facilities if workers were to vote to unionize would probably be unethical and could even violate the rule of “no threats” in a unionization campaign. Each situation has to be looked at individually, and management needs to decide which tactics are ethical and legal and which tactics might not be.

p.377

image

Want a better grade?

Get the tools you need to sharpen your study skills. Access practice quizzes, eFlashcards, video and multimedia, and more at edge.sagepub.com/lussierhrm3e .

image

DIGITAL RESOURCES

image

Employee and Labor Relations*

image

American Unions

image

Federal Labor-Management Relations for the Next Century

image

Importance of Unions*

image

Collective Bargaining

image

Repurposing American Labor Law

image

Unions and the Global Economy*

image

Labor Relations Documentary

* premium video only available in the interactive eBook

image

CHAPTER SUMMARY

10-1. Discuss the value of trust and communication in organizations. How do the message-sending and the message-receiving processes help improve trust?

Trust helps create respect between all individuals in the organization. Some level of trust between manager and employee is necessary in order to communicate successfully. If the receiver doesn’t trust the sender, they will be reluctant to accept the message. Conversely, if we want to improve trust, we have to be open and honest in communications with other people. Solid communication in all directions, for both the sender and receiver is the only way to build and maintain trust. So we have to have the facts, and then send clear and complete messages.

Job satisfaction is an attitude, not a behavior. We can experience behaviors directly, while we can measure attitudes only indirectly. Because of this, we must use some form of survey and ask the employees about their job satisfaction level. When using job satisfaction surveys, we have to ensure that they are anonymous, or employees will most likely not tell the truth about their satisfaction levels.

The seven determinants of job satisfaction include: Individual personality; The work itself; Compensation; Growth and upward mobility; Coworkers; Management; and Communication.

p.378

10-3. Identify the major labor laws in the United States and the other legal issues in labor relations.

1. The Railway Labor Act of 1926 was enacted to force negotiation between labor and management, first in railroads and later in the airlines, to prevent shutdown of these critical services.

2. The National Labor Relations Act of 1935 was the first major law to deal with the rights of labor to form unions in the general workforce and collectively bargain with employers. It identified unfair labor practices for management in negotiating with labor organizations.

3. The Labor Management Relations Act of 1947 was an amendment to the NLRA that focused on unfair labor practices on the part of unions and other labor organizations. It outlawed or restricted a variety of strikes and boycotts, and it also allowed the states to pass right-to-work laws.

4. The Labor Management Reporting and Disclosure Act of 1959 was passed as a result of congressional investigations linking organized crime with labor unions. The LMRDA required a series of reports from labor unions and created restrictions on their activities.

5. The Worker Adjustment and Retraining Notification Act of 1988 required that organizations with certain qualifying characteristics should provide 60 days’ notice when laying off more than 50 people or closing a plant.

Other legal issues discussed include corporate whistle-blowers; express-, implied-, and quasi-contracts; and wrongful discharge and constructive discharge.

10-4. Briefly discuss the union certification process, the NO TIPS rules for labor elections, and the concept of collective bargaining.

Employees organize and select a union to represent them and then attempt to collect authorization cards from at least 30% of the employees in the appropriate bargaining unit. If they get 30% or more, an election will be called by the NLRB. If more than a simple majority vote for the union, the collective bargaining unit is certified by the NLRB; if not, then the union vote fails.

NO TIPS is an acronym that stands for No Threats, No Interrogations, No Promises, and No Spying. This means first that employers cannot threaten to terminate employees from their jobs, threaten to close the plant, or threaten other harmful consequences to employees in any other manner during the period prior to a labor election. Secondly, employers cannot question or interrogate employees about union organizing activities within the organization. Third, management cannot promise that if employees vote against unionization, the organization will provide them with benefits because of their votes. Finally, management cannot spy on individual employees taking part in union organizing events, either through planting individuals in such meetings or through electronic or other means.

Collective bargaining allows the employees to collectively negotiate an employment contract through their union representatives with management of the organization. This contract will generally cover major employment conditions such as compensation (pay and benefits), work hours and working conditions, and other conditions that both sides agree to.

10-5. Briefly discuss what management can do to limit union organizing efforts.

Management can prevent union organizers from soliciting employees on company property during working hours, as long as such prohibitions are consistent with the company’s general solicitation policies. Management can also identify costs that would be associated with union membership and can provide truthful information concerning how unionization will affect relationships between individual employees and management. These relationships can include things such as performance-based promotions, merit-based raises, and training opportunities.

10-6. Identify the five conflict management styles. How is each described in terms of win or lose?

The first conflict management style is called avoiding. Avoiding is unassertive and uncooperative, leading to a “lose-lose” situation. The second style is accommodating. In accommodation, the individual is unassertive but cooperative, leading to a “lose-win” situation—the individual loses and the other party wins. The third option is forcing. Forcers are assertive but uncooperative, meaning they create a “win-lose” situation. Some managers will use this style to get things done quickly because they have legitimate authority over others. The fourth style is negotiating, which creates a “win-some, lose-some” situation. Each side gets some of what it wants through compromise, but not everything it wants. The final style is collaborating, which create a true “win-win” situation. Both sides worked together to create a solution that meets all of their needs. Although collaborating is the ultimate style, all five styles are appropriate based on the situation.

10-7. Describe the negotiation process. Briefly explain the processes of mediation and arbitration and the major difference between the two.

The negotiation process has three or four parts. These are: Plan the negotiation; Negotiate; Postpone negotiations (Optional); Agreement. Planning includes researching the opposing party, setting objectives, developing options, and attempting to anticipate questions or objections. Negotiating involves creating rapport, letting the other party make the first offer, listening and asking questions to meet the other party’s needs, and not giving in too quickly and asking for something in return.

Mediation and arbitration both deal with inserting a third party as an intermediary into a dispute between two other individuals or groups. However, they differ in how much power the third party has in the process. Mediators enter into a conflict to assist the two conflicting parties in coming to a resolution and to act as a facilitator in their negotiations, but the mediator has no authority to force a solution on the opposing parties. In contrast, arbitrators also assist the two parties in attempting to work out a solution to their conflict, but arbitrators have the ability to enforce decisions they make on both of the conflicting parties. Such decisions are called binding decisions.

p.379

10-8. Discuss recent NLRB rulings dealing with the employer/employee relationship and briefly discuss the issue of union avoidance and suppression.

The NLRB has taken a stance that heavily favors the employee in virtually all situations where there may be questions about whether or not an action is protected concerted activity. Business, as a result of these interpretations, has found it more difficult to maintain good order and discipline within their organizations. However, there is at least some help from some recent court decisions that have reversed some of the more extreme NLRB decisions, noting that sometimes you have to use common sense in such situations.

Companies have become much more knowledgeable concerning avoiding unionization drives. However, it doesn’t mean that their actions are necessarily ethical. Staying within the letter of the law (NO TIPS) may not provide the company with the kind of skilled workforce that it needs. We have to pay attention to whether or not actions on the part of management will increase the satisfaction and engagement levels of the employees or cause them to decrease.

image

KEY TERMS

arbitrator 375

collective bargaining 364

communication 345

economic strike 366

express contract 360

feedback 346

grievance 364

implied contract 360

labor relations 364

lockout 365

mediator 374

negotiating 371

paraphrasing 346

quasi-contract 360

strike 354

trust 344

whistle-blower 359

wrongful discharge 361

image

KEY TERMS REVIEW

Complete each of the following statements using one of this chapter’s key terms.

1. ________ is faith in the character and actions of another.

2. ________ is the process of transmitting information and meaning.

3. ________ is information provided by the receiver that verifies that a message was transmitted successfully.

4. ________ is the process of restating a message back to the original sender in the receiver’s own words.

5. ________ is a collective work stoppage by members of a union, that is intended to put pressure on an employer.

6. ________ is an individual who tells an authoritative organization outside the company about actions within the company that the individual believes to be illegal.

7. ________ is a transaction in which the agreement between two parties is specifically stated.

8. ________ occurs when the parties form an agreement from their actions rather than from a specific oral or written agreement.

9. ________ is a court-ordered implied agreement to prevent one party in an action from benefiting at the expense of another party.

10. ________ consists of terminating an individual employee for an illegal reason, either in violation of a contract or because of violation of a state or federal law.

11. ________ consists of the interactions between management and unionized employees.

12. ________ is the negotiation process resulting in a contract between union employees and management that covers employment conditions.

13. ________ is a formal complaint concerning pay, working conditions, or violation of some other factor in a collective bargaining agreement.

14. ________ occurs when management stops work and physically prevents workers from entering the workplace.

15. ________ is a work stoppage over authorized collective bargaining issues such as pay or working conditions.

16. ________ is a process in which two or more parties in conflict attempt to come to an agreement.

17. ________ is a neutral third party who helps resolve a conflict but who has no authority to impose a solution to the conflict.

18. ________ is a neutral third party who resolves a conflict by making a binding decision.

image

COMMUNICATION SKILLS

The following critical-thinking questions can be used for class discussion and/or for written assignments to develop communication skills. Be sure to give complete explanations for all answers.

1. What causes you to trust or distrust someone else? Using this answer, what would you do as a manager to cause your employees to trust you?

2. Good communication skills are critical to a manager. Which do you think is more important: learning to communicate specifically as a sender, or learning to listen well as a receiver? Why?

3. What actions would you consider taking, other than increasing pay, if job satisfaction survey data showed that your employees’ satisfaction level was dropping significantly?

4. Which side do you think has an easier job when a labor organization is trying to unionize the company’s employees—management or the union organizers? Why?

5. Do you think it is ever OK for employees to strike against an employer? If so, in what circumstances? If not, why not?

p.380

6. What actions would you take if a potential whistle-blower told you she had evidence that an executive-level manager in your company was doing something illegal? Explain your answer in some detail.

7. Looking at the concept of constructive discharge, is it ever really possible that an employee could be harassed so severely as to be forced to quit? Can you give an example of a situation that you feel would meet this level of harassment?

8. Assume that you are a fairly high-level manager in your company and that one of your employees comes to you to tell you that other employees are attempting to unionize the company. What would your initial actions be, and why?

9. An employee who works for you confronts you with a formal grievance concerning another employee being promoted over him. What initial actions will you take in order to address this grievance?

10. Describe an example of conflict between people in an organization. How would you as a facilitator assist the people in conflict to resolve their differences?

image

CASE 10-1 WILLFUL VIOLATION, OR A PROBLEM THAT CAN BE CORRECTED?

Sandy Clark has worked for Healthy Meals Company for 10 years in a facility that cooks and packages prepared, frozen meals. Sandy is part of a crew that provides cleaning and sanitation services for the equipment used to prepare the meals. She has always sustained an excellent work record with no complaints about her work performance. She was recently assigned to the night shift to clean and sanitize the equipment used to mix and dispense sauce for the meals. The equipment consists primarily of a large vat and a rotating paddle with wooden blades driven by an electrical motor to continuously stir the sauce. After the meal preparation crew finishes production for the day shift, Sandy’s work begins cleaning and sanitizing the equipment for production the next day.

Sandy was trained to clean and sanitize the equipment by observing an experienced member of the sanitizing crew who had been performing the work for the past three years. During her training, she was instructed to use a high-pressure water hose, bleach, and sanitizing cleaner on the paddle blades and the lower part of the vat, then use a sponge pad to scrub the top part of the vat. Her trainer explained that the best way to get the wooden paddles thoroughly clean was to spray them while the machine was running, then turn off the equipment and lock it out before she used the sponge pad to clean the inside of the vat. After two days of training, she demonstrated to the person who trained her that she could satisfactorily perform all the duties of cleaning the equipment.

During her second week of working alone cleaning the vat and the wooden paddles of sauce residue, she was spraying the paddles using the high-pressure water hose while the machine was running with the paddles turning in the vat. While holding the sponge pad in one hand and holding the hose nozzle in the other hand, she finished spraying the moving paddles and accidently dropped the pad from her hand into the vat. She reached to grab the sponge pad as a reflex action and the fingertips of her rubber gloves were caught between the wall of the vat and the paddle. The paddle pulled her right hand further into the hopper up to her knuckles. Immediately, a nearby coworker turned off the equipment and freed Sandy’s hand. Fortunately, she suffered only minor injuries to her hand. She later stated that she reacted to reach for the pad and catch it to avoid damage to the equipment. After an investigation was conducted by a safety inspector, the company’s management stated that Sandy did not follow the proper procedure for cleaning the equipment by first unplugging the power cord for the motor then locking out the electrical source to assure that no one started the motor. This procedure was to be followed before any cleaning of the equipment was started.

Sandy, during her rebuttal, claims that discharge is too severe when you consider her work performance for ten years of service to the company and she was never told by any management official that her job performance was unacceptable. According to two other employees who previously held this job, training for these duties was typically done with instruction and observation by someone who had earlier carried out the tasks. Sandy points out that she has followed the procedure for cleaning and sanitizing that she was taught by another employee during her training and no one has ever instructed her otherwise. She adds that she has learned by her mistake and that she would not make that mistake again. She believes that progressive discipline should be used in this particular case. Sandy was subsequently fired for “willfully violating the company’s proper safety procedures.”

Questions

1. Do the facts in this case indicate that Sandy Clark was guilty of a willful violation of the company’s safety rules? Explain your answer.

2. What possible corrective action could the company take as an alternative to discharge?

3. If Sandy is represented by a labor union with a current labor agreement or contract stating that “employees shall only be discharged for just cause,” how could this affect her termination?

4. What particular mitigating factors or circumstances in this case should be considered in determining whether or not her termination is for “just cause?”

Case created by Robert F. Wayland, University of Arkansas at Little Rock

image

CASE 10-2 CONSTRUCTIVE DISCHARGE AND REINSTATEMENT OF STRIKERS

Pearl Refining Company operates a facility in Sunflower, Arkansas, where it is engaged in the refining, sale, and distribution of petroleum products. The International Refinery Workers Union conducted an organizing drive recently at this facility, but it failed to obtain majority support in an election conducted by the NLRB. Chief Operator Gene Roberts has worked at Pearl’s Sunflower refinery for about 16 years. Roberts works all three shifts on a rotating basis, earning $24 per hour. Roberts attended one union organizing meeting and voted during the union organizing election, but he didn’t discuss with anyone how he voted.

Pearl Refining Company also operates a crude oil storage facility located in northern Louisiana, about 4 hours’ drive from the refinery. The refinery manager, Dusty Conway, was notified by vice president of refining George Letterman that the crude oil storage facility in Louisiana had recently been experiencing substantial shortages in deliveries of crude oil. Crude oil delivery receipts kept at the refinery did not correspond to the crude oil reportedly delivered by truck from independent producers to the Louisiana storage facility. It was suspected that a large portion of this shortage was due to the delivery of water rather than oil to the storage facility. To correct this problem, it was necessary to send someone to the storage facility to double-check the truck drivers’ deliveries and the accuracy of their delivery reports. Refinery manager Conway decided to send Gene Roberts to the Louisiana crude oil storage facility, thinking that he was very dependable and had the experience to do the best job of detecting who might be delivering water instead of crude oil.

p.381

Conway called Roberts to his office on Monday and instructed him not to report for the night shift, as originally scheduled, but to report to the crude oil storage facility on Wednesday morning to accept a 2-week assignment there, helping the gauging employees at the facility. Roberts said that he didn’t want the assignment and that he wanted to keep his regular job as operator. Conway said, “No, Gene. Let’s just think about it. You go home and think about it and come back in the morning.” The next morning, Roberts told Conway that he wanted to continue working in his current job in the plant and that the Louisiana assignment might result in some conflict. Conway said, “Well, Gene, that’s all there is for you, that’s it, and that’s all.” Roberts, thinking that he had no choice in the matter, laid his hard hat on the desk, walked out of Conway’s office, and left the refinery. As Roberts was walking out of the refinery, Manager Conway confronted him, stating that he was considering this a resignation and that his employment would be terminated.

The following morning, six of Roberts’s fellow employees met with Conway in his office and asked that Roberts be reinstated. Conway informed them that he had no intention of rehiring Roberts. The six employees then informed Conway that if Roberts was not going to be rehired, they were going out on strike. The employees then left the refinery and started picketing.

Subsequently, Roberts filed a complaint with the National Labor Relations Board (NLRB), stating that he had been constructively discharged. In addition, the six employees on strike complained to the NLRB that they were participating in an unfair labor strike and requested that they be reinstated to their jobs and made whole. The employees were told by refinery manager Conway that their jobs had already been filled and that they therefore could not get their old jobs back.

Questions

1. What are the differences between “constructive discharge” and “wrongful discharge”?

2. What factors would the NLRB most likely consider in its investigation of whether or not Roberts’s termination was a constructive discharge?

3. What elements should be proven to show that Roberts was “constructively discharged”?

4. What is the difference between economic strikes and unfair labor practice strikes?

5. What rights do economic strikers and unfair labor practice strikers have to reinstatement?

Case created by Robert F. Wayland, University of Arkansas at Little Rock

image

SKILL BUILDER 10-1 CONFLICT RESOLUTION

Objective

To develop conflict resolution skills using the Initiating Conflict Resolution Model

Skills

The primary skills developed through this exercise are as follows:

1. HR management skill—Human relations

2. SHRM 2016 Curriculum Guidebook—A: Employee and Labor Relations

During this exercise, you will be given the opportunity to role-play a conflict (one you are facing now or have faced in the past) to develop your conflict resolution skills. Students and workers have reported that this exercise helped prepare them for successful initiation of conflict resolution with roommates or coworkers.

First, list the other party or parties in the conflict situation (you may use fictitious names):

_______________________________________________________

Describe the conflict situation:

_______________________________________________________

List pertinent information about the other party or parties (i.e., their relationship to you and their knowledge of the situation, age, and background):

_______________________________________________________

Identify the other party or parties’ possible reaction to your confrontation. How receptive will they be to collaborating? What might they say or do during the discussion to resist change?

_______________________________________________________

How will you overcome the resistance to change?

Following the steps in the collaborative conflict resolution model, write out your BCF (behaviors, consequences, and feelings) statement.

_______________________________________________________

Apply It

Your instructor may allow you to role-play the conflict in class, or you may role-play with someone outside of class, or you may just initiate the conflict resolution in your personal or professional life. If you role-play in class, the instructor will provide directions.

What did I learn from this experience? How will I use this knowledge in the future?

p.382

image

SKILL BUILDER 10-2 NEGOTIATING

Objective

To develop negotiating skills using the Negotiation Process Model

Skills

The primary skills developed through this exercise are as follows:

1. HR management skill—Human relations

2. SHRM 2016 Curriculum Guidebook—A: Employee and Labor Relations

You will role-play being the buyer or seller of a used car.

Procedure 1 (1–2 minutes)

Pair off and sit facing your partner so that you cannot read each other’s confidential sheet. Pairs should be as far apart as possible so they cannot overhear other pairs’ conversations. If there is an odd number of students in the class, one student will be an observer or will work with the instructor. Decide who will be the buyer and who will be the seller of the used car.

Procedure 2 (1–2 minutes)

The instructor will give a confidential sheet to each buyer and seller. (These do not appear in this book.)

Procedure 3 (5–6 minutes)

Buyers and sellers read their confidential sheets and jot down some plans, including what their basic approach will be and what they will say in the negotiation.

Procedure 4 (3–7 minutes)

Negotiate the sale of the car. You do not have to buy or sell the car. After you make the sale or decide not to sell, read your partner’s confidential sheet and discuss the experience.

Integration (3–7 minutes)

Planning the Negotiation

Step 1. Research the other party. Did you at least consider the car to be an antique?

Step 2. Set objectives. Did you set a lower limit, target, and opening price?

Step 3. Did you develop options and/or develop trade-offs?

Step 4. Did you anticipate questions and objections and prepare answers?

Negotiating

Step 1. Did you develop rapport and focus on obstacles, not on the person?

Step 2. Did you let the other party make the first offer?

Step 3. Did you listen and ask questions to focus on meeting the other party’s needs?

Step 4. Were you quick to settle for less than your target price and/or ask for something in return for giving concessions?

Did you postpone? If you did reach a sales agreement, which price did you receive? $_______

Apply It

What did I learn from this experience? How will I use this knowledge in the future?

_______________________________________________________

p.383