Final paper
Human Resource Management
MSL660/MPA606 Hall 7 Part 2
I Have Rights Too!
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Format for Hall session
• Introduction of the Hall
• Hall Topics
• Christian worldview applications
• Major points for the week’s learning
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Topics we’ll cover
• Employer & Employee Rights & Responsibilities
• Rights Affecting the Employment Relationship
• Managing Individual Employee & Employer Rights Issues
• Balancing Employer Security & Employee Rights
• HR Policies, Procedures, & Rules
• Employee Absenteeism
• Employee Discipline
• Unions & Their History in the U.S.
• U.S. Labor Laws
• The Unionization Process
• Collective Bargaining
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Biblical Foundation: 1 John 2:1
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Hall Objectives
• What rights do employees & employers have
• What are the rights that affect the employment relationship
• How do organizations manage their rights & their employees’ rights
• To get a good understanding of what HR policies, procedures, and rules are
• To understand how employee absenteeism affects the organization
• To understand how employers administer discipline
• To understand unions, the different labor laws, and the unionization process
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Questions or Topics for Reflection &
Study
• What is the difference between wrongful discharge & constructive discharge?
• What are the steps in the progressive discipline approach?
• What U.S. Labor Law established the National Labor Relations Board (NLRB)?
• What is involved in the unionization process?
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Employee & Employer Rights
• Rights – Powers, privileges, or interests that belong by law, nature, or tradition.
• Statutory rights – Rights based on laws or statutes passed by federal, state, or local governments.
• Responsibilities – Obligations to perform certain tasks & duties.
• Contractual rights – Rights based on a specific contract between an employer & an employee.
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Employee & Employer Rights
• Employer rights include:
▫ The right to keep trade secrets confidential
▫ The right to have employees bring business opportunities to the employer first before pursuing them elsewhere
▫ A common-law copyright for works & other documents prepared by employees for their employers
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Rights Affecting the Employment
Relationship
• Employment-at-will (EAW) – Common-law doctrine stating that employers have the right to hire, fire, demote, or promote whomever they choose, unless there is a contract to the contrary.
• Wrongful discharge – Termination of an individual’s employment for reasons that are illegal or improper.
• Constructive discharge – Process of deliberately making conditions intolerable to get an employee to quit.
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Rights Affecting the Employment
Relationship
• Just cause – Reasonable justification for taking employment-related action.
• Due process – Requirement that the employer use a process to determine employee wrongdoing & that the employee have an opportunity to explain & defend his or her actions.
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Managing Individual Employee &
Employer Rights Issues
• Right to privacy – An individual’s freedom from unauthorized & unreasonable intrusion into personal affairs.
• Employee Medical Records
▫ Must be kept separate from general personnel files
• Employees’ Free Speech
• Monitoring Electronic Communications
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Recommended
Employer Actions
Regarding
Electronic
Communications
• Fig. 15-5
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Source: Mathis & Jackson (2011), Human Resource
Management (13th ed.),
Mason, OH, Cengage Southwestern.
HR Policies, Procedures, & Rules
• Policies – General guidelines that focus organizational actions.
• Procedures – Customary methods of handling activities.
• Rules – Specific guidelines that regulate & restrict the behavior of individuals.
• Employee handbooks
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Employee Absenteeism
• Absenteeism – Any failure by an employee to report for work as scheduled or to stay at work when scheduled. ▫ Involuntary, voluntary
• Ways to Control: ▫ Disciplinary approach
▫ Positive reinforcement
▫ Combination approach
▫ “No-fault” policy
▫ Paid-time-off (PTO) programs
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Measuring Employee Absenteeism
• Widely used formula for calculating absenteeism:
# of person-days lost thru job absence during period
-------------------------------------------------------------- x 100
(avg # of employees) X (# of workdays)
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Employee Discipline
• Discipline – Form of training that enforces organizational rules.
▫ Positive Discipline Approach
▫ Progressive Discipline Approach
• Discharge – When an employee is removed from a job at an employer.
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Progressive Discipline Approach
• Fig. 15-9
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Source: Mathis & Jackson (2011), Human Resource Management (13th ed.),
Mason, OH, Cengage Southwestern.
Unions & Why Employees Unionize
• Union – Formal association of workers that promotes the interests of its members through collective action.
• Fig. 16-1
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Source: Mathis & Jackson (2011), Human Resource Management (13th ed.),
Mason, OH, Cengage Southwestern.
History of Unions in the U.S.
• From 1945-1960, 30% of workforce
• 2009 – 12.4% (7.9 million) of civilian workers, 7.4% private-sector
• As early as 1794, shoemakers organized a union, picketed, & conducted strikes
• Reasons for decline in membership
▫ Geographic changes
▫ Industrial changes
▫ Workforce changes
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U.S. Labor Laws
• Wagner Act (National Labor Relations Act)
▫ (Pro-union) Established the right of workers to organize unhampered by management through unfair labor practices (ULP, NLRB)
• Taft-Hartley Act (Labor Management Relations Act)
▫ (Pro-management) Balanced the power between unions & management (National emergency strikes, right-to-work laws)
• Landrum-Griffin Act (Labor Management Reporting & Disclosure Act)
▫ Monitors union conduct
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The Unionization
Process Fig. 16-6
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Source: Mathis & Jackson (2011), Human Resource Management (13th ed.),
Mason, OH, Cengage Southwestern.
Collective Bargaining Process
• Preparation & Initial Demands
• Continuing Negotiations
▫ Good Faith
• Settlement & Contract Agreement
▫ Ratification (union members vote on agreement)
• Bargaining Impasse
▫ Conciliation/mediation/arbitration
• Strikes
▫ Work stoppage by employees
• Lockouts
▫ Work stoppage by management
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Questions or Topics for Review
• What is the difference between wrongful discharge & constructive discharge?
• What are the steps in the progressive discipline approach?
• What U.S. Labor Law established the National Labor Relations Board (NLRB)?
• What is involved in the unionization process?
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What next?
• Take the Hall Quiz
• Complete your detailed reading
• Answer the discussion questions
• Complete the writing assignments
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References
• Mathis, Robert & Jackson, John. (2011) Human Resource Management (13th ed.) Mason, OH: Cengage Southwestern.
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This concludes Hall 7 Part 2