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

3

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

5

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?

23

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