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C H A P T E R 1 1 Employee Assessment A TOUGH CONVERSATION As you wake up this morning, you think about the performance evaluation you will give one of your employees,

Sean, later this morning. Sean has been with your company for two years, and over the last six months his perform-

ance has begun to slide. As the manager, it is your responsibility to talk with him about performance, which you

have done on several occasions. However, the performance evaluation will make his nonperformance more formal-

ized. You know that Sean has had some personal troubles that can account for some of the performance issues, but

despite this, you really need to get his performance up to par. Your goal in the performance evaluation interview

today is to create an improvement plan for Sean, while documenting his nonperformance.

When you arrive at work, you look over the essay rating part of Sean’s evaluation. It details two client project

deadlines that were missed, as well as the over-budget amounts of the two client projects. It was Sean’s responsibil-

ity to oversee both aspects of this project. When Sean arrives at your office, you greet him, ask him to take a seat,

and begin to discuss the evaluation with him.

“Sean, while you have always been a high performer, these last few months have been lackluster. On two of

your projects, you were over budget and late. The client commented on both of these aspects when it filled out

the client evaluation. As a result, you can see this is documented in your performance evaluation.”

Using defensive nonverbal language, Sean says, “Missing the project deadlines and budget wasn’t my fault.

Emily said everything was under control, and I trusted her. She is the one who should have a bad performance

review.”

You say, “Ultimately, as the account director, you are responsible, as outlined in your job description. As you

know, it is important to manage the accountability within your team, and in this case, you didn’t perform. In fact, in

your 360 reviews, several of your colleagues suggested you were not putting in enough time on the projects and

seemed distracted.”

“I really dislike those 360 reviews. It really is just a popularity contest, anyway,” Sean says. “So, am I fired for these

two mistakes?” You have worked with people who exhibited this type of defensive behavior before, and you know

it is natural for people to feel like they need to defend themselves when having this type of conversation. You de-

cide to move the conversation ahead and focus on future behavior rather than past behavior.

You say, “Sean, you normally add a lot of value to the organization. Although these issues will be documented

in your performance evaluation, I believe you can produce high-quality work. As a result, let’s work together to de-

velop an improvement plan so you can continue to add value to the organization. The improvement plan ad-

dresses project deadlines and budgets, and I think you will find it helpful for your career development.”

Sean agrees begrudgingly and you begin to show him the improvement plan document the company uses, so

you can fill it out together.

performance evaluation system

A systematic way to examine how well an employee is performing in his or her job.

span of control

The number of employees each manager manages.

When you head home after work, you think about the day’s events and about Sean. As you had suspected, he

was defensive at first but seemed enthusiastic to work on the improvement plan after you showed him the docu-

ment. You feel positive that this performance evaluation was a step in the right direction to ensure Sean continues

to be a high producer in the company, despite these mistakes.

Employee Assessment Introduction

The author introduces the chapter on employee assessment.

1. PERFORMANCE EVALUATION SYSTEMS

L E A R N I N G O B J E C T I V E S

1. Define the reasons for a formal performance evaluation system. 2. Explain the process to develop a performance review system.

A performance evaluation system is a systematic way to examine how well an employee is perform- ing in his or her job. If you notice, the word systematic implies the performance evaluation process should be a planned system that allows feedback to be given in a formal—as opposed to inform- al—sense. Performance evaluations can also be called performance appraisals, performance assess- ments, or employee appraisals.

There are four reasons why a systematic performance evaluation system should be implemented. First, the evaluation process should encourage positive performance and behavior. Second, it is a way to satisfy employee curiosity as to how well they are performing in their job. It can also be used as a tool to develop employees. Lastly, it can provide a basis for pay raises, promotions, and legal disciplinary actions.

1.1 Designing a Performance Appraisal System There are a number of things to consider before designing or revising an existing performance apprais- al system. Some researchers suggest that the performance appraisal system is perhaps one of the most important parts of the organization,[1] while others suggest that performance appraisal systems are ulti- mately flawed,[2] making them worthless. For the purpose of this chapter, let’s assume we can create a performance appraisal system that will provide value to the organization and the employee. When designing this process, we should recognize that any process has its limitations, but if we plan it cor- rectly, we can minimize some of these.

The first step in the process is to determine how often performance appraisals should be given. Please keep in mind that managers should constantly be giving feedback to employees, and this process is a more formal way of doing so. Some organizations choose to give performance evaluations once per year, while others give them twice per year, or more. The advantage to giving an evaluation twice per

View the video online at: http://app.wistia.com/embed/medias/28d41eaace

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360-degree performance appraisal

A method to appraise performance by using several sources to measure the employee’s effectiveness.

year, of course, is more feedback and opportunity for employee development. The downside is the time it takes for the manager to write the evaluation and discuss it with the employee. If done well, it could take several hours for just one employee. Depending on your organization’s structure, you may choose one or the other. For example, if most of your managers have five or ten people to manage (this is called span of control), it might be worthwhile to give performance evaluations more than once per year, since the time cost isn’t high. If most of your managers have twenty or more employees, it may not be feasible to perform this process more than once per year. To determine costs of your perform- ance evaluations, see Table 11.1. Asking for feedback from managers and employees is also a good way to determine how often performance evaluations should be given.

T A B L E 1 1 . 1 Estimating the Costs of Performance Evaluations

Narrow Span of Control

Average span of control 8

Average time to complete one written review 1 hour

Average time to discuss with employee 1 hour

Administrative time to set up meetings with employees 1/2 hour

8 employees × 2 hours per employee + 1/2 hour administrative time to set up times to meet with employees = 16.5 hours of time for one manager to complete all performance reviews

Wider Span of Control

Average span of control 25

Average time to complete one written review 1 hour

Average time to discuss with employee 1 hour

Administrative time to set up meetings with employees 1 hour

25 employees × 2 hours per employee + 1 hour administrative time to set up times to meet with employees = 51 hours

Once you have the number of hours it takes, you can multiply that by your manager’s hourly pay to get an estimated cost to the organization

16 hours × $50 per hour = $850

51 hours × $50 per hour = $2550

Should pay increases be tied to performance evaluations? This might be the second consideration be- fore development of a performance evaluation process. There is research that shows employees have a greater acceptance of performance reviews if the review is linked to rewards.[3]

The third consideration should include goal setting. In other words, what goals does the organiza- tion hope to achieve with the performance appraisal process?

Once the frequency, rewards, and goals have been determined, it is time to begin to formalize the process. First, we will need to develop the actual forms that will be used to evaluate each job within the organization. Every performance evaluation should be directly tied with that employee’s job description.

Determining who should evaluate the performance of the employee is the next decision. It could be their direct manager (most common method), subordinates, customers or clients, self, and/or peers. Table 11.2 shows some of the advantages and disadvantages for each source of information for per- formance evaluations. Ultimately, using a variety of sources might garner the best results.

A 360-degree performance appraisal method is a way to appraise performance by using sever- al sources to measure the employee’s effectiveness. Organizations must be careful when using peer-re- viewed information. For example, in the Mathewson v. Aloha Airlines case, peer evaluations were found to be retaliatory against a pilot who had crossed picket lines during the pilot’s union strike against a different airline.

Management of this process can be time-consuming for the HR professional. That’s why there are many software programs available to help administer and assess 360 review feedback. Halogen 360, for example, is used by Princess Cruises and media companies such as MSNBC.[4] This type of software al- lows the HR professional to set criteria and easily send links to customers, peers, or managers, who provide the information requested. Then the data are gathered and a report is automatically generated, which an employee can use for quick feedback. Other similar types of software include Carbon360 and Argos.

CHAPTER 11 EMPLOYEE ASSESSMENT 243

acceptability

A possible error in performance evaluation, refers to how well the members of the organization, managers and employees, accept the performance evaluation tool as a valid measure of performance.

specificity

A possible error in performance evaluations that tells employees the job expectations and how the expectations can be met.

1.2 Performance Appraisal System Errors Before we begin to develop our performance review process, it is important to note some of the errors that can occur during this process. First, halo effects can occur when the source or the rater feels one aspect of the performance is high and therefore rates all areas high. A mistake in rating can also occur when we compare one employee to another, as opposed to the job description’s standards. Sometimes halo effects will occur because the rater is uncomfortable rating someone low on a performance assess- ment item. Of course, when this occurs, it makes the performance evaluation less valuable for employ- ee development. Proper training on how to manage a performance appraisal interview is a good way to avoid this. We discuss this in Section 3.

Validity issues are the extent to which the tool measures the relevant aspects of performance. The aspects of performance should be based on the key skills and responsibilities of the job, and these should be reviewed often to make sure they are still applicable to the job analysis and description.

Reliability refers to how consistent the same measuring tool works throughout the organization (or job title). When we look at reliability in performance appraisals, we ask ourselves if two raters were to rate an employee, how close would the ratings be? If the ratings would be far apart from one anoth- er, the method may have reliability issues. To prevent this kind of issue, we can make sure that per- formance standards are written in a way that will make them measurable. For example, instead of “increase sales” as a performance standard, we may want to say, “increase sales by 10 percent from last year.” This performance standard is easily measured and allows us to ensure the accuracy of our per- formance methods.

Acceptability refers to how well members of the organization, manager and employees, accept the performance evaluation tool as a valid measure of performance. For example, let’s assume the cur- rent measurement tools of Blewett Gravel, Inc. are in place and show validity for each job function. However, managers don’t think the tool is useful because they take too much time. As a result, they spend minimal time on the evaluation. This could mean the current process is flawed because of ac- ceptability error.

Another consideration is the specificity, which tells employees the job expectations and how they can be met. If they are not specific enough, the tool is not useful to the employee for development or to the manager to ensure the employee is meeting expectations. Finally, after we have developed our pro- cess, we need to create a time line and educate managers and employees on the process. This can be done through formal training and communicated through company blogs or e-mails. According to Robert Kent,[5] teaching people how to receive benefit from the feedback they receive can be an import- ant part of the process as well.

1.3 Performance Appraisal Legal Considerations The legality of performance appraisals was questioned in 1973 in Brito v. Zia, in which an employee was terminated based on a subjective performance evaluation. Following this important case, employ- ers began to rethink their performance evaluation system and the legality of it.

The Civil Service Reform Act of 1978 set new standards for performance evaluation. Although these standards related only to public sector employees, the Reform Act began an important trend to- ward making certain performance evaluations were legal. The Reform Act created the following criteria for performance appraisals in government agencies:

1. All agencies were required to create performance review systems. 2. Appraisal systems would encourage employee participation in establishing the performance

standards they will be rated against. 3. The critical elements of the job must be in writing. 4. Employees must be advised of the critical elements when hired. 5. The system must be based exclusively on the actual performance and critical elements of the job.

They cannot be based on a curve, for example. 6. They must be conducted and recorded at least once per year. 7. Training must be offered for all persons giving performance evaluations. 8. The appraisals must provide information that can be used for decision making, such as pay

decisions and promotion decisions. Early performance appraisal research can provide us a good example as to why we should be concerned with the legality of the performance appraisal process. Holley and Field[6] analyzed sixty-six legal cases that involved discrimination and performance evaluation. Of the cases, defendants won thirty-five of

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the cases. The authors of the study determined that the cases that were won by the defendant had simil- ar characteristics:

1. Appraisers were given written instructions on how to complete the appraisal for employees. 2. Job analysis was used to develop the performance measures of the evaluation. 3. The focus of the appraisal was actual behaviors instead of personality traits. 4. Upper management reviewed the ratings before the performance appraisal interview was

conducted. This tells us that the following considerations should be met when developing our performance ap- praisal process:

1. Performance standards should be developed using the job analysis and should change as the job changes.

2. Provide the employees with a copy of the evaluation when they begin working for the organization, and even consider having the employees sign off, saying they have received it.

3. All raters and appraisers should be trained. 4. When rating, examples of observable behavior (rather than personality characteristics) should be

given. 5. A formal process should be developed in the event an employee disagrees with a performance

review. Now that we have discussed some of the pitfalls of performance appraisals, we can begin to discuss how to develop the process of performance evaluations.

T A B L E 1 1 . 2 Advantages and Disadvantages of Each Source for Performance Evaluations

Source Advantages Disadvantages

Usually has extensive knowledge of the employee’s performance and abilities

Manager/ Supervisor

Favoritism

Bias

Self Self-analysis can help with employee growth In the employee’s interest to inflate his or her own ratings

Works well when the supervisor doesn’t always directly observe the employee

Relationships can create bias in the review

Can bring a different perspective, since peers know the job well

Peer

If confidential, may create mistrust within the organization

If evaluations are tied to pay, this can put both the employee and the peer in an awkward situation

Customers often have the best view of employee behavior

Can be expensive to obtain this feedbackCustomer/ Client

Can enhance long-term relationships with the customer by asking for feedback

Possible bias

Data garnered can include how well the manager treats employees

Possible retaliation if results are not favorable

Can determine if employees feel there is favoritism within their department

Subordinates may not understand the “big picture” and rate low as a result

Rating inflation

Can be used as a self-development tool for managers

Subordinate

If nothing changes despite the evaluation, could create motivational issues among employees

If confidential, may create mistrust within the organization

Human Resource Recall

What are the steps we should take when developing a performance review process?

CHAPTER 11 EMPLOYEE ASSESSMENT 245

K E Y T A K E A W A Y S

< A performance evaluation system is a systematic way to examine how well an employee is performing in his or her job.

< The use of the term systematic implies the process should be planned. < Depending on which research you read, some believe the performance evaluation system is one of the

most important to consider in HRM, but others view it as a flawed process, which makes it less valuable and therefore ineffective.

< The first step in designing a performance appraisal process is to determine how often the appraisals will be given. Consideration of time and effort to administer the evaluation should be a deciding factor.

< Many companies offer pay increases as part of the system, while some companies prefer to separate the process. Determine how this will be handled in the next step in the performance appraisal development process.

< Goals of the performance evaluation should be discussed before the process is developed. In other words, what does the company hope to gain from this process? Asking managers and employees for their feedback on this is an important part of this consideration.

< After determining how often the evaluations should be given, if pay will be tied to the evaluations and goals, you can now sit down and develop the process. First, determine what forms will be used to administer the process.

< After you have determined what forms will be used (or developed), determine who will be the source for the information. Perhaps managers, peers, or customers would be an option. A 360 review process combines several sources for a more thorough review.

< There are some errors that can occur in the process. These include halo effects or comparing an employee to another as opposed to rating employees only on the objectives. Other errors might include validity, reliability, acceptability, and specificity.

< Performance evaluations should always be based on the actual job description.

< Our last step in development of this process is to communicate the process and train employees and managers on the process. Also, training on how best to use feedback is the final and perhaps most important step of the process.

E X E R C I S E S

1. Perform an Internet search on 360 review software. Compare at least two types of software and discuss advantages and disadvantages of each.

2. Discuss the advantages and disadvantages of each type of performance evaluation source.

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trait method

A category of performance evaluation in which managers look at an employee’s specific traits in relation to the job, such as friendliness to the customer.

behavioral methods

A category of performance evaluation in which managers look at individual actions within a specific job.

comparative methods

A category of performance evaluation in which managers compare one employee with other employees.

results methods

A category of performance evaluation in which managers are focused on the accomplishments of the employee, such as whether or not they met a quota.

criteria

In performance evaluations, the aspects the employee is being evaluated on.

rating

The type of scale that will be used to rate each criterion in a performance evaluation.

2. APPRAISAL METHODS

L E A R N I N G O B J E C T I V E

1. Be able to describe the various appraisal methods.

It probably goes without saying that different industries and jobs need different kinds of appraisal methods. For our purposes, we will discuss some of the main ways to assess performance in a perform- ance evaluation form. Of course, these will change based upon the job specifications for each position within the company. In addition to industry-specific and job-specific methods, many organizations will use these methods in combination, as opposed to just one method. There are three main methods of determining performance. The first is the trait method, in which managers look at an employee’s spe- cific traits in relation to the job, such as friendliness to the customer. The behavioral method looks at individual actions within a specific job. Comparative methods compare one employee with other employees. Results methods are focused on employee accomplishments, such as whether or not em- ployees met a quota.

Within the categories of performance appraisals, there are two main aspects to appraisal methods. First, the criteria are the aspects the employee is actually being evaluated on, which should be tied dir- ectly to the employee᾿s job description. Second, the rating is the type of scale that will be used to rate each criterion in a performance evaluation: for example, scales of 1–5, essay ratings, or yes/no ratings. Tied to the rating and criteria is the weighting each item will be given. For example, if “communication” and “interaction with client” are two criteria, the interaction with the client may be weighted more than communication, depending on the job type. We will discuss the types of criteria and rating methods next.

CHAPTER 11 EMPLOYEE ASSESSMENT 247

graphic rating scale

This type of performance evaluation lists traits required for the job and asks the source to rate the individual on each attribute.

discrete scale

A scale used in performance evaluations, uses a number of different points, such as a 1–10 scale.

continuous scale

A scale used in performance evaluations that uses a continuum; the manager puts a mark on the continuum that best represents the employee’s performance.

mixed standard scale

Similar to a graphic rating scale, this scale includes a series of mixed statements representing excellent, average, and poor performance, and the manager is asked to rate a “+” (performance is better than stated), “0” (performance is at stated level), or “−” (performance is below stated level).

essay appraisal

A type of performance appraisal in which the source answers a series of questions about the employee’s performance in essay form.

checklist scale

A performance evaluation method in which a series of questions is asked and the manager simply responds yes or no to the questions.

2.1 Graphic Rating Scale The graphic rating scale, a behavioral method, is perhaps the most popular choice for performance evaluations. This type of evaluation lists traits required for the job and asks the source to rate the indi- vidual on each attribute. A discrete scale is one that shows a number of different points. The ratings can include a scale of 1–10; excellent, average, or poor; or meets, exceeds, or doesn’t meet expectations, for example. A continuous scale shows a scale and the manager puts a mark on the continuum scale that best represents the employee’s performance. For example:

Poor — — — — — — — — Excellent

The disadvantage of this type of scale is the subjectivity that can occur. This type of scale focuses on be- havioral traits and is not specific enough to some jobs. Development of specific criteria can save an or- ganization in legal costs. For example, in Thomas v. IBM, IBM was able to successfully defend accusa- tions of age discrimination because of the objective criteria the employee (Thomas) had been rated on.

Many organizations use a graphic rating scale in conjunction with other appraisal methods to fur- ther solidify the tool’s validity. For example, some organizations use a mixed standard scale, which is similar to a graphic rating scale. This scale includes a series of mixed statements representing excellent, average, and poor performance, and the manager is asked to rate a “+” (performance is better than stated), “0” (performance is at stated level), or “−” (performance is below stated level). Mixed standard statements might include the following:

< The employee gets along with most coworkers and has had only a few interpersonal issues. < This employee takes initiative. < The employee consistently turns in below-average work. < The employee always meets established deadlines.

An example of a graphic rating scale is shown in Figure 11.1.

2.2 Essay Appraisal In an essay appraisal, the source answers a series of questions about the employee’s performance in essay form. This can be a trait method and/or a behavioral method, depending on how the manager writes the essay. These statements may include strengths and weaknesses about the employee or state- ments about past performance. They can also include specific examples of past performance. The dis- advantage of this type of method (when not combined with other rating systems) is that the manager’s writing ability can contribute to the effectiveness of the evaluation. Also, managers may write less or more, which means less consistency between performance appraisals by various managers.

2.3 Checklist Scale A checklist method for performance evaluations lessens the subjectivity, although subjectivity will still be present in this type of rating system. With a checklist scale, a series of questions is asked and the manager simply responds yes or no to the questions, which can fall into either the behavioral or the trait method, or both. Another variation to this scale is a check mark in the criteria the employee meets, and a blank in the areas the employee does not meet. The challenge with this format is that it doesn’t allow more detailed answers and analysis of the performance criteria, unless combined with another method, such as essay ratings. A sample of a checklist scale is provided in Figure 11.3.

248 HUMAN RESOURCE MANAGEMENT

F I G U R E 1 1 . 1 Example of Graphic Rating Scale

CHAPTER 11 EMPLOYEE ASSESSMENT 249

F I G U R E 1 1 . 2 Example of Essay Rating

250 HUMAN RESOURCE MANAGEMENT

F I G U R E 1 1 . 3 Example of Checklist Scale

CHAPTER 11 EMPLOYEE ASSESSMENT 251

critical incident appraisal

A performance evaluation method in which the manager is asked to record examples of effective behavior and ineffective behavior of the employee during the time period between evaluations.

work standards approach

A performance evaluation method in which a minimum level of expectation is set and the employee’s performance evaluation is based on this minimum level of productivity.

ranking method system

Employees in a particular department are ranked based on their value to the manager or supervisor, which is used as a performance evaluation method.

2.4 Critical Incident Appraisals This method of appraisal, while more time-consuming for the manager, can be effective at providing specific examples of behavior. With a critical incident appraisal, the manager records examples of the employee’s effective and ineffective behavior during the time period between evaluations, which is in the behavioral category. When it is time for the employee to be reviewed, the manager will pull out this file and formally record the incidents that occurred over the time period. The disadvantage of this method is the tendency to record only negative incidents instead of postive ones. However, this meth- od can work well if the manager has the proper training to record incidents (perhaps by keeping a weekly diary) in a fair manner. This approach can also work well when specific jobs vary greatly from week to week, unlike, for example, a factory worker who routinely performs the same weekly tasks.

2.5 Work Standards Approach For certain jobs in which productivity is most important, a work standards approach could be the more effective way of evaluating employees. With this results-focused approach, a minimum level is set and the employee’s performance evaluation is based on this level. For example, if a sales person does not meet a quota of $1 million, this would be recorded as nonperforming. The downside is that this method does not allow for reasonable deviations. For example, if the quota isn’t made, perhaps the em- ployee just had a bad month but normally performs well. This approach works best in long-term situ- ations, in which a reasonable measure of performance can be over a certain period of time. This meth- od is also used in manufacuring situations where production is extremely important. For example, in an automotive assembly line, the focus is on how many cars are built in a specified period, and there- fore, employee performance is measured this way, too. Since this approach is centered on production, it doesn’t allow for rating of other factors, such as ability to work on a team or communication skills, which can be an important part of the job, too.

2.6 Ranking Methods In a ranking method system (also called stack ranking), employees in a particular department are ranked based on their value to the manager or supervisor. This system is a comparative method for performance evaluations.The manager will have a list of all employees and will first choose the most valuable employee and put that name at the top. Then he or she will choose the least valuable employee and put that name at the bottom of the list. With the remaining employees, this process would be re- peated. Obviously, there is room for bias with this method, and it may not work well in a larger organ- ization, where managers may not interact with each employee on a day-to-day basis.

To make this type of evaluation most valuable (and legal), each supervisor should use the same cri- teria to rank each individual. Otherwise, if criteria are not clearly developed, validity and halo effects could be present. The Roper v. Exxon Corp case illustrates the need for clear guidelines when using a ranking system. At Exxon, the legal department attorneys were annually evaluated and then ranked based on input from attorneys, supervisors, and clients. Based on the feedback, each attorney for Exxon was ranked based on their relative contribution and performance. Each attorney was given a group per- centile rank (i.e., 99 percent was the best-performing attorney). When Roper was in the bottom 10 per- cent for three years and was informed of his separation with the company, he filed an age discrimina- tion lawsuit. The courts found no correlation between age and the lowest-ranking individuals, and be- cause Exxon had a set of established ranking criteria, they won the case.[7]

Another consideration is the effect on employee morale should the rankings be made public. If they are not made public, morale issues may still exist, as the perception might be that management has “secret” documents.

Fortune 500 Focus

Critics have long said that a forced ranking system can be detrimental to morale; it focuses too much on indi- vidual performance as opposed to team performance. Some say a forced ranking system promotes too much competition in the workplace. However, many Fortune 500 companies use this system and have found it works for their culture. General Electric (GE) used perhaps one of the most well-known forced ranking systems. In this system, every year managers placed their employees into one of three categories: “A” employees are the top 20 percent, “B” employees are the middle 70 percent, and “C” performers are the bottom 10 percent. In GE’s system, the bottom 10 percent are usually either let go or put on a performance plan. The top 20 percent

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management by objectives (MBOs)

A type of performance appraisal in which the manager and employee work together to develop objectives, and at the end of the period the employee is measured on whether he or she met the objectives.

are given more responsibility and perhaps even promoted. However, even GE has reinvented this stringent forced ranking system. In 2006, it changed the system to remove references to the 20/70/10 split, and GE now presents the curve as a guideline. This gives more freedom for managers to distribute employees in a less stringent manner.[8]

The advantages of a forced ranking system include that it creates a high-performance work culture and establishes well-defined consequences for not meeting performance standards. In recent research, a forced ranking system seems to correlate well with return on investment to shareholders. For example, the study[9]

shows that companies who use individual criteria (as opposed to overall performance) to measure perform- ance outperform those who measure performance based on overall company success. To make a ranking sys- tem work, it is key to ensure managers have a firm grasp on the criteria on which employees will be ranked. Companies using forced rankings without set criteria open themselves to lawsuits, because it would appear the rankings happen based on favoritism rather than quantifiable performance data. For example, Ford in the past used forced ranking systems but eliminated the system after settling class action lawsuits that claimed discrimination.[10] Conoco also has settled lawsuits over its forced ranking systems, as domestic employees claimed the system favored foreign workers.[11] To avoid these issues, the best way to develop and maintain a forced ranking system is to provide each employee with specific and measurable objectives, and also provide management training so the system is executed in a fair, quantifiable manner.

In a forced distribution system, like the one used by GE, employees are ranked in groups based on high per- formers, average performers, and nonperformers. The trouble with this system is that it does not consider that all employees could be in the top two categories, high or average performers, and requires that some employ- ees be put in the nonperforming category.

In a paired comparison system, the manager must compare every employee with every other employee with- in the department or work group. Each employee is compared with another, and out of the two, the higher performer is given a score of 1. Once all the pairs are compared, the scores are added. This method takes a lot of time and, again, must have specific criteria attached to it when comparing employees.

Human Resource Recall

How can you make sure the performance appraisal ties into a specific job description?

2.7 Management by Objectives (MBO) Management by objectives (MBOs) is a concept developed by Peter Drucker in his 1954 book The Practice of Management.[12] This method is results oriented and similar to the work standards ap- proach, with a few differences. First, the manager and employee sit down together and develop object- ives for the time period. Then when it is time for the performance evaluation, the manager and em- ployee sit down to review the goals that were set and determine whether they were met. The advantage of this is the open communication between the manager and the employee. The employee also has “buy-in” since he or she helped set the goals, and the evaluation can be used as a method for further skill development. This method is best applied for positions that are not routine and require a higher level of thinking to perform the job. To be efficient at MBOs, the managers and employee should be able to write strong objectives. To write objectives, they should be SMART:[13]

1. Specific. There should be one key result for each MBO. What is the result that should be achieved?

2. Measurable. At the end of the time period, it should be clear if the goal was met or not. Usually a number can be attached to an objective to make it measurable, for example “sell $1,000,000 of new business in the third quarter.”

3. Attainable. The objective should not be impossible to attain. It should be challenging, but not impossible.

4. Result oriented. The objective should be tied to the company’s mission and values. Once the objective is made, it should make a difference in the organization as a whole.

5. Time limited. The objective should have a reasonable time to be accomplished, but not too much time.

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Setting MBOs with Employees

An example of how to work with an employee to set MBOs.

To make MBOs an effective performance evaluation tool, it is a good idea to train managers and de- termine which job positions could benefit most from this type of method. You may find that for some more routine positions, such as administrative assistants, another method could work better.

2.8 Behaviorally Anchored Rating Scale (BARS) A BARS method first determines the main performance dimensions of the job, for example, interper- sonal relationships. Then the tool utilizes narrative information, such as from a critical incidents file, and assigns quantified ranks to each expected behavior. In this system, there is a specific narrative out- lining what exemplifies a “good” and “poor” behavior for each category. The advantage of this type of system is that it focuses on the desired behaviors that are important to complete a task or perform a specific job. This method combines a graphic rating scale with a critical incidents system. The US Army Research Institute[14] developed a BARS scale to measure the abilities of tactical thinking skills for com- bat leaders. Figure 11.4 provides an example of how the Army measures these skills.

View the video online at: http://www.youtube.com/v/mHgPnLCzBwU

254 HUMAN RESOURCE MANAGEMENT

F I G U R E 1 1 . 4 Example of BARS

CHAPTER 11 EMPLOYEE ASSESSMENT 255

F I G U R E 1 1 . 5 More Examples of Performance Appraisal Types

How Would You Handle This?

Playing Favorites

You were just promoted to manager of a high-end retail store. As you are sorting through your responsibilities, you receive an e-mail from HR outlining the process for performance evaluations. You are also notified that you must give two performance evaluations within the next two weeks. This concerns you, because you don’t know any of the employees and their abilities yet. You aren’t sure if you should base their performance on what you see in a short time period or if you should ask other employees for their thoughts on their peers’

256 HUMAN RESOURCE MANAGEMENT

performance. As you go through the files on the computer, you find a critical incident file left from the previ- ous manager, and you think this might help. As you look through it, it is obvious the past manager had “favorite” employees and you aren’t sure if you should base the evaluations on this information. How would you handle this?

How Would You Handle This? The author discusses the How Would You Handle This situation in this chapter at: https://api.wistia.com/v1/ medias/1360849/embed.

T A B L E 1 1 . 3 Advantages and Disadvantages of Each Performance Appraisal Method

Type of Performance Appraisal Method

Advantages Disadvantages

Inexpensive to develop SubjectivityGraphic Rating Scale

Easily understood by employees and managers

Can be difficult to use in making compensation and promotion decisions

Subjectivity

Writing ability of reviewer impacts validity

Essay Can easily provide feedback on the positive abilities of the employee

Time consuming (if not combined with other methods)

Checklist scale Measurable traits can point out specific behavioral expectations

Does not allow for detailed answers or explanations (unless combined with another method)

Provides specific examplesCritical Incidents

Time consuming for manager

Tendency to report negative incidents

Work Standards Approach

Ability to measure specific components of the job

Does not allow for deviations

Can create a high-performance work culture

Validity depends on the amount of interaction between employees and manager

Ranking

Can negatively affect teamwork

Possible bias

Open communicationMBOs

Employee may have more “buy-in”

Many only work for some types of job titles

Focus is on desired behaviors

Scale is for each specific job

BARS

Desired behaviors are clearly outlined

Time consuming to set up

No one performance appraisal is best, so most companies use a variety of methods to ensure the best results.

CHAPTER 11 EMPLOYEE ASSESSMENT 257

K E Y T A K E A W A Y S

< When developing performance appraisal criteria, it is important to remember the criteria should be job specific and industry specific.

< The performance appraisal criteria should be based on the job specifications of each specific job. General performance criteria are not an effective way to evaluate an employee.

< The rating is the scale that will be used to evaluate each criteria item. There are a number of different rating methods, including scales of 1–5, yes or no questions, and essay.

< In a graphic rating performance evaluation, employees are rated on certain desirable attributes. A variety of rating scales can be used with this method. The disadvantage is possible subjectivity.

< An essay performance evaluation will ask the manager to provide commentary on specific aspects of the employee’s job performance.

< A checklist utilizes a yes or no rating selection, and the criteria are focused on components of the employee’s job.

< Some managers keep a critical incidents file. These incidents serve as specific examples to be written about in a performance appraisal. The downside is the tendency to record only negative incidents and the time it can take to record this.

< The work standards performance appraisal approach looks at minimum standards of productivity and rates the employee performance based on minimum expectations. This method is often used for sales forces or manufacturing settings where productivity is an important aspect.

< In a ranking performance evaluation system, the manager ranks each employee from most valuable to least valuable. This can create morale issues within the workplace.

< An MBO or management by objectives system is where the manager and employee sit down together, determine objectives, then after a period of time, the manager assesses whether those objectives have been met. This can create great development opportunities for the employee and a good working relationship between the employee and manager.

< An MBO’s objectives should be SMART: specific, measurable, attainable, results oriented, and time limited.

< A BARS approach uses a rating scale but provides specific narratives on what constitutes good or poor performance.

E X E R C I S E

1. Review each of the appraisal methods and discuss which one you might use for the following types of jobs, and discuss your choices.

a. Administrative Assistant

b. Chief Executive Officer

c. Human Resource Manager

d. Retail Store Assistant Manager

3. COMPLETING AND CONDUCTING THE APPRAISAL

L E A R N I N G O B J E C T I V E S

1. Be able to discuss best practices in performance review planning. 2. Be able to write an improvement plan for an employee.

So far, we have discussed the necessity of providing formal feedback to employees through a systematic performance evaluation system. We have stressed the importance of making sure the HR professional knows how often performance evaluations should be given and if they are tied to pay increases.

The next step is to make sure you know the goals of the performance evaluation; for example, is the goal to improve performance and also identify people for succession planning? You will then de- termine the source for the performance evaluation data, and then create criteria and rating scales that relate directly to the employee’s job description. Once this is done, the successful functioning of the performance evaluation system largely depends on the HR professional to implement and communic- ate the system to managers and employees. This will be the primary focus of our next section.

258 HUMAN RESOURCE MANAGEMENT

3.1 Best Practices in Performance Appraisals The most important things to remember when developing a performance evaluation system include the following:

1. Make sure the evaluation has a direct relationship to the job. Consider developing specific criteria for each job, based on the individual job specifications and description.

2. Involve managers when developing the process. Garner their feedback to obtain “buy-in” for the process.

3. Consider involving the employee in the process by asking the employee to fill out a self- evaluation.

4. Use a variety of methods to rate and evaluate the employee. 5. Avoid bias by standardizing performance evaluations systems for each job. 6. Give feedback on performance throughout the year, not just during performance review times. 7. Make sure the goals of the performance evaluation tie into the organizational and department

goals. 8. Ensure the performance appraisal criteria also tie into the goals of the organization, for a strategic

HRM approach. 9. Review the evaluation for each job title often, since jobs and expectations change.

F I G U R E 1 1 . 6 Best Practices in Performance Appraisal Systems

As you can see from Figure 11.7, the performance appraisal aspect is just one part of the total process. We can call this a performance review system. The first step of the process is goal setting with the em- ployee. This could mean showing the employee his or her performance appraisal criteria or sitting

CHAPTER 11 EMPLOYEE ASSESSMENT 259

down with the employee to develop MBOs. The basic idea here is that the employee should know the expectations and how his or her job performance will be rated.

Constant monitoring, feedback, and coaching are the next step. Ensuring the employee knows what he or she is doing well and is not doing well in a more informal manner will allow for a more pro- ductive employee.

Next, of course, is the formal performance evaluation process. Choosing the criteria, rating scale, and source of the evaluation are steps we have already discussed. The next step is to work with the em- ployee to develop improvement plans (if necessary) and offer any rewards as a result of excellent per- formance. The process then begins again, setting new goals with the employee.

F I G U R E 1 1 . 7 Performance Review System

3.2 Training Managers and Employees As HR professionals, we know the importance of performance evaluation systems in developing em- ployees, but this may not always be apparent to the managers we work with on a daily basis. It is our job to educate managers and employees on the standards for completing performance evaluation forms as well as train them on how to complete the necessary documents (criteria and ratings), how to devel- op improvement plans when necessary, and how to deliver the performance appraisal interview.

260 HUMAN RESOURCE MANAGEMENT

Employee Feedback

This video gives excellent tips on providing feedback to employees during the performance appraisal process.

First, after you have developed the new performance appraisal system (or adjusted an old one), con- sider offering training on how to effectively use it. The training, if required, can save time later and make the process more valuable. What we want to avoid is making it seem as if the performance ap- praisal process is “just one more thing” for managers to do. Show the value of the system in your train- ing or, better yet, involve managers in developing the process to begin with.

Set standards should be developed for managers filling out the performance ratings and criteria. The advantage of this is accuracy of data and limiting possible bias. Consider these “ground rules” to ensure that information is similar no matter which manager is writing the evaluation:

1. Use only factual information and avoid opinion or perception. 2. For each section, comments should be at least two sentences in length, and examples of employee

behavior should be provided. 3. Reviews must be complete and shared with the employee before the deadline. 4. Make messages clear and direct. 5. Focus on observable behaviors.

Once your managers are trained, understand how to fill out the forms, and are comfortable with the ground rules associated with the process, we can coach them on how to prepare for performance evalu- ations. For example, here are the steps you may want to discuss with your managers who provide per- formance evaluations:

1. Review the employee’s last performance evaluation. Note goals from the previous evaluation period.

2. Review the employee’s file and speak with other managers who interface with this person. In other words, gather data about performance.

3. Fill out the necessary forms for this employee’s appraisal. Note which areas you want to address in the appraisal interview with the employee.

4. If your organization bases pay increases on the performance evaluation, know the pay increase you are able to offer the employee.

5. Write any improvement plans as necessary. 6. Schedule a time and date with the employee.

Most people feel nervous about giving and receiving performance evaluations. One way to limit this is to show the employee the written evaluation before the interview, so the employee knows what to ex- pect. To keep it a two-way conversation, many organizations have the employee fill out the same evalu- ation, and answers from the employee and manager are compared and discussed in the interview. When the manager meets with the employee to discuss the performance evaluation, the manager should be clear, direct, and to the point about positives and weaknesses. The manager should also dis- cuss goals for the upcoming period, as well as any pay increases or improvement plans as a result of the evaluation. The manager should also be prepared for questions, concerns, and reasons for an employ- ee’s not being able to meet performance standards.

View the video online at: http://www.youtube.com/v/tnSE-Cuxp40

CHAPTER 11 EMPLOYEE ASSESSMENT 261

improvement plans

A document developed by both manager and employee to address any performance deficiencies.

F I G U R E 1 1 . 8

Just the thought of a performance review can make even the most confident person stressed out.

© Thinkstock

Improvement plans should not be punitive, but the goal of an improvement plan should be to help the employee succeed. Improvement plans are discussed in Chapter 7. Coaching and development should occur throughout the employee’s tenure, and he or she should know before the performance evaluation whether expectations are not being met. This way, the introduction of an improvement plan is not a surprise. There are six main components to an employee improvement plan:

1. Define the problem. 2. Discuss the behaviors that should be modified, based on the problem. 3. List specific strategies to modify the behavior. 4. Develop long- and short-term goals. 5. Define a reasonable time line for improvements. 6. Schedule “check-in” dates to discuss the improvement plan.

An employee improvement plan works best if it is written with the employee, to obtain maximum buy- in. Once you have developed the process and your managers are comfortable with it, the process must be managed. This is addressed in Section 3.

3.3 Organizing the Performance Appraisal Process While it will be up to the individual manager to give performance appraisals to employ- ees, as an HR professional, it will be up to you to develop the process (which we have already discussed) and to manage the process. Here are some things to consider to effectively manage the process:

1. Provide each manager with a job description for each employee. The job description should highlight the expectations of each job title and provide a sound basis for review.

2. Provide each manager with necessary documents, such as the criteria and rating sheets for each job description.

3. Give the manager instructions and ground rules for filling out the documents. 4. Work with the manager on pay increases for each employee, if your organization has

decided to tie performance evaluations with pay increases. 5. Provide coaching assistance on objectives development and improvement plans, if

necessary. 6. Give time lines to the manager for each performance review he or she is responsible for

writing. Most HR professionals will keep a spreadsheet or other document that lists all employees, their man- ager, and time lines for completion of performance evaluations. This makes it easier to keep track of when performance evaluations should be given.

Of course, the above process assumes the organization is not using software to manage perform- ance evaluations. Numerous types of software are available that allow the HR professional to manage key job responsibilities and goals for every employee in the organization. This software tracks progress on those goals and allows the manager to enter notes (critical incidents files) online. The software can track 360 reviews and send e-mail reminders when it is time for an employee or manager to complete evaluations. This type of software can allow for a smoother, more streamlined process. Of course, as with any new system, it can be time-consuming to set up and train managers and employees on how to use the system. However, many organizations find the initial time to set up software or web-based per- formance evaluation systems well worth the easier recording and tracking of performance goals.

No matter how the system is managed, it must be managed and continually developed to meet the ultimate goal—continuing development of employees.

262 HUMAN RESOURCE MANAGEMENT

tell and sell interview

A type of performance appraisal interview in which the manager does most of the talking and passes his or her view to the employee.

tell and listen

A type of performance appraisal interview in which the manager communicates feedback and then the employee’s thoughts about the interview are addressed.

problem-solving interview

A type of performance appraisal interview in which the employee and the manager discuss the things that are going well and the things that are not, which can make for a more productive discussion.

The Performance Appraisal

This role-play highlights some of the things NOT to do when discussing a performance evaluation with an employee.

3.4 Performance Appraisal Interviews Once a good understanding of the process is developed, it is time to think about the actual meeting with the employee. A performance review process could be intricately detailed and organized, but if the meeting with the employee doesn’t go well, the overall strategic objective of performance reviews may not be met. In Norman R. F. Maier’s famous book The Appraisal Interview, he addressed three types of appraisal interview styles. The first is the tell and sell interview. In this type of interview, the man- ager does most of the talking and passes his or her view to the employee. In the tell and listen type of interview, the manager communicates feedback and then addresses the employee’s thoughts about the interview. In the problem-solving interview, the employee and the manager discuss the things that are going well and those that are not going well, which can make for a more productive discussion. To provide the best feedback to the employee, consider the following:

1. Be direct and specific. Use examples to show where the employee has room for improvement and where the employee exceeds expectations, such as, “The expectation is zero accidents, and you have not had any accidents this year.”

2. Do not be personal; always compare the performance to the standard. For example, instead of saying, “You are too slow on the production line,” say, the “expectations are ten units per hour, and currently you are at eight units.”

3. Remember, it is a development opportunity. As a result, encourage the employee to talk. Understand what the employee feels he does well and what he thinks he needs to improve.

4. Thank the employee and avoid criticism. Instead of the interview being a list of things the employee doesn’t do well (which may give the feeling of criticizing), thank the employee for what the employee does well, and work on action plans together to fix anything the employee isn’t doing well. Think of it as a team effort to get the performance to the standard it needs to be.

The result of a completed performance evaluation usually means there are a variety of ramifications that can occur after evaluating employee performance:

1. The employee now has written, documented feedback on his or her performance. 2. The organization has documented information on low performance, in case the employee needs

to be dismissed. 3. The employee has performed well and is eligible for a raise. 4. The employee has performed well and could be promoted. 5. Performance is not up to expectations, so an improvement plan should be put into place. 6. The employee hasn’t done well, improvement plans have not worked (the employee has been

warned before), and the employee should be dismissed. In each of these cases, planning in advance of the performance appraisal interview is important, so all information is available to communicate to the employee. Consider Robin, an employee at Blewett Gravel who was told she was doing an excellent job. Robin was happy with the performance appraisal

View the video online at: http://www.youtube.com/v/unmKnS5jPOc

CHAPTER 11 EMPLOYEE ASSESSMENT 263

and when asked about promotion opportunities, the manager said none was available. This can devalue a positive review and impact employee motivation. The point, of course, is to use performance evalu- ations as a development tool, which will positively impact employee motivation.

Preparing and Giving the Performance Appraisal

Some great tips on preparing for the performance appraisal meeting, and how to handle the meeting.

View the video online at: http://www.youtube.com/v/JXcYDF0YdIw

View the video online at: http://www.youtube.com/v/Y3UETIwTy70

264 HUMAN RESOURCE MANAGEMENT

K E Y T A K E A W A Y S

< There are many best practices to consider when developing, implementing, and managing a performance appraisal system. First, the appraisal system must always tie into organization goals and the individual employee’s job description.

< Involvement of managers in the process can initiate buy-in.

< Consider using self-evaluation tools as a method to create a two-way conversation between the manager and the employee.

< Use a variety of rating methods to ensure a more unbiased result. For example, using peer evaluations in conjunction with self- and manager evaluations can create a clearer picture of employee performance.

< Be aware of bias that can occur with performance appraisal systems.

< Feedback should be given throughout the year, not just at performance appraisal time.

< The goals of a performance evaluation system should tie into the organization’s strategic plan, and the goals for employees should tie into the organization’s strategic plan as well.

< The process for managing performance evaluations should include goal setting, monitoring and coaching, and doing the formal evaluation process. The evaluation process should involve rewards or improvement plans where necessary. At the end of the evaluation period, new goals should be developed and the process started over again.

< It is the HR professional’s job to make sure managers and employees are trained on the performance evaluation process.

< Standards should be developed for filling out employee evaluations, to ensure consistency and avoid bias.

< The HR professional can assist managers by providing best practices information on how to discuss the evaluation with the employee.

< Sometimes when performance is not up to standard, an improvement plan may be necessary. The improvement plan identifies the problem, the expected behavior, and the strategies needed to meet the expected behavior. The improvement plan should also address goals, time lines to meet the goals, and check-in dates for status on the goals.

< It is the job of the HR professional to organize the process for the organization. HR should provide the manager with training, necessary documents (such as criteria and job descriptions), instructions, pay increase information, and coaching, should the manager have to develop improvement plans.

< Some HR professionals organize the performance evaluation information in an Excel spreadsheet that lists all employees, job descriptions, and due dates for performance evaluations.

< There are many types of software programs available to manage the process. This software can manage complicated 360 review processes, self-evaluations, and manager’s evaluations. Some software can also provide time line information and even send out e-mail reminders.

< The performance evaluation process should be constantly updated and managed to ensure the results contribute to the success of the organization.

< A variety of ramifications can occur, from the employee’s earning a raise to possible dismissal, all of which should be determined ahead of the performance appraisal interview.

E X E R C I S E S

1. What are the important aspects of an improvement plan? Why are these so important?

2. Name and describe three best practices for a performance evaluation system.

4. CASES AND PROBLEMS

Chapter Summary

< A performance evaluation system is a systematic way to examine how well an employee is performing in his or her job.

< The use of the term systematic implies the process should be planned. < Depending on which research you read, some believe the performance evaluation system is one of

the most important to consider in HRM, but others view it as a flawed process, which makes it less valuable and therefore ineffective.

CHAPTER 11 EMPLOYEE ASSESSMENT 265

< The first step in designing a performance appraisal process is to determine how often the appraisals will be given. Consideration of time and effort to administer the evaluation should be a deciding factor.

< Many companies offer pay increases as part of the system, while some companies prefer to separate the process. Determining how this will be handled is the next step in the performance appraisal development process.

< Goals of the performance evaluation should be discussed before the process is developed. In other words, what does the company hope to gain from this process? Asking managers and employees for their feedback on this is an important part of this consideration.

< After determining how often the evaluations should be given, and if pay will be tied to the evaluations and goals, you can now sit down and develop the process. First, determine what forms will be used to administer the process.

< After you have determined what forms will be used (or developed), determine who will be the source for the information. Managers, peers, and customers are options. A 360 review process combines several sources for a more thorough review.

< There are some errors that can occur in the process. These include halo effects or comparing an employee to another as opposed to rating them only on the objectives.

< Performance evaluations should always be based on the actual job description.

< Our last step in the development of this process is to communicate the process and train our employees and managers on the process. Also, training on how best to use feedback is the final and perhaps most important step of the process.

< When developing performance appraisal criteria, it is important to remember the criteria should be job specific and industry specific.

< The performance appraisal criteria should be based on the job specifications of each specific job. General performance criteria are not an effective way to evaluate an employee.

< The rating is the scale that will be used to evaluate each criteria item. There are a number of different rating methods, including scales of 1–5, yes or no questions, and essay.

< In a graphic rating performance evaluation, employees are rated on certain desirable attributes. A variety of rating scales can be used with this method. The disadvantage is possible subjectivity.

< An essay performance evaluation will ask the manager to provide commentary on specific aspects of the employee’s job performance.

< A checklist utilizes a yes or no rating selection, and the criteria are focused on components of the employee’s job.

< Some managers keep a critical incidents file. These incidents serve as specific examples to be written about in a performance appraisal. The downside is the tendency to record only negative incidents and the time it can take to record this.

< The work standards performance appraisal approach looks at minimum standards of productivity and rates the employee performance based on minimum expectations. This method is often used for sales forces or manufacturing settings where productivity is an important aspect.

< In a ranking performance evaluation system, the manager ranks each employee from most valuable to least valuable. This can create morale issues within the workplace.

< An MBO or management by objectives system is where the manager and employee sit down together, determine objectives, then after a period of time, the manager assesses whether those objectives have been met. This can create great development opportunities for the employee and a good working relationship between the employee and manager.

< An MBO’s objectives should be SMART: specific, measurable, attainable, results oriented, and time limited.

< A BARS approach uses a rating scale but provides specific narratives on what constitutes good or poor performance.

< There are many best practices to consider when developing, implementing, and managing a performance appraisal system. First, the appraisal system must always tie into organization goals and the individual employee’s job description.

< Involvement of managers in the process can initiate buy-in for the process.

< Consider using self-evaluation tools as a method to create a two-way conversation between the manager and the employee.

< Use a variety of rating methods to ensure a more unbiased result. For example, using peer evaluations in conjunction with self and manager evaluations can create a clearer picture of employee performance.

< Be aware of bias that can occur with performance appraisal systems.

< Feedback should be given throughout the year, not just at performance appraisal time.

266 HUMAN RESOURCE MANAGEMENT

< The goals of a performance evaluation system should tie into the organization’s strategic plan, and the goals for employees should tie into the organization’s strategic plan as well.

< The process for managing performance evaluations should include goal setting, monitoring and coaching, and doing the formal evaluation process. The evaluation process should involve rewards or improvement plans where necessary. At the end of the evaluation period, new goals should be developed and the process started over again.

< It is the HR professional’s job to make sure managers and employees are trained on the performance evaluation process.

< Standards should be developed for filling out employee evaluations, to ensure consistency and avoid bias.

< The HR professional can assist managers by providing best practices information on how to discuss the evaluation with the employee.

< Sometimes when performance is not up to standard, an improvement plan may be necessary. The improvement plan identifies the problem, the expected behavior, and the strategies needed to meet the expected behavior. The improvement plan should also address goals, time lines to meet the goals, and check-in dates for status on the goals.

< It is the job of the HR professional to organize the process for the organization. HR should provide the manager with training, necessary documents (such as criteria and job descriptions), instructions, pay increase information, and coaching, should the manager have to develop improvement plans.

< Some HR professionals organize the performance evaluation information in an Excel spreadsheet that lists all employees, job descriptions, and due dates for performance evaluations.

< There are many types of software available to manage the process. This software can manage complicated 360 review processes, self-evaluations, and manager’s evaluations. Some software can also provide time line information and even send out e-mail reminders.

< The performance evaluation process should be constantly updated and managed to ensure the results contribute to the success of the organization.

Summary The author provides a video summary of the chapter.

Chapter Case

Revamping the System

It is your first six months at your new job as an HR assistant at Groceries for You, a home delivery grocery ser- vice. When you ask the HR director, Chang, about performance evaluations, he just rolls his eyes and tells you to schedule a meeting in his Outlook calendar to discuss them. In the meantime, you gather some data that might be helpful in your discussion with Chang.

View the video online at: http://app.wistia.com/embed/medias/6fd59e80c0

CHAPTER 11 EMPLOYEE ASSESSMENT 267

Number of managers 4

Number of employees 82

Delivery—38

Warehouse—24

Average span of control

Marketing/technology—16

11—customer service

1—delivery manager

1—warehouse manager

1—marketing and technology manager

38—delivery drivers

24—warehouse workers

1—tech support

Job types

5—marketing and website design

When you meet, Chang is very forward with you about the current process. “Right now, managers groan when they are told they need to complete evaluations. The evaluations are general—we use the same form for all jobs in the organization. It appears that promotion decisions are not based on the evaluations but instead tend to be based on subjective criteria, such as how well the manager likes the individual. We really need to get a handle on this system, but I haven’t had the time to do it. I am hoping you can make some recommend- ations for our system and present them to me and then to the managers during next month’s meeting. Can you do this?”

1. Detail each step you will take as you develop a new performance evaluation system.

2. Identify specifics such as source, type of rating system, and criteria plans for each job category. Discuss budget for each performance evaluation. Address how you will obtain management buy-in for the new process.

3. Develop PowerPoint slides for your presentation to management about your proposed process and forms.

Team Activity

1. In a group of three to four, develop a performance evaluation sheet, using at least two methods, for the following job description, and present to the class:

Job Class Specification for:

ACCOUNTANT, City of Seattle

Class Specification Schematic Number: 2000504

Class Summary:

Performs a variety of professional accounting functions and tasks for a city department or utility. Audits, monit- ors, researches, and recommends revisions to accounting procedures and operations. Performs and coordin- ates the maintenance and production of accounting reports and records and ensures compliance with estab- lished accounting procedures and practices.

Distinguishing Characteristics of the Class:

The accountant class is capable of performing a range of professional accounting functions and tasks within the established guidelines of the department/city and according to generally accepted accounting practices, procedures, and methods. This class is supervised by a higher level accountant or manager and supervises ac- counting support personnel as required.

Assignments are performed under moderate supervision within established guidelines, generally accepted ac- counting principles, standards, and methods. Receives direction on special projects or where guidelines and rules are unclear. Knowledge of accounting practices, methods, laws, rules, ordinances, and regulations is re- quired to determine the most appropriate accounting methods and procedures to apply and to ensure appro- priate compliance.

Personal contacts are with department employees, other departments, agencies, or the public to provide in- formation, coordinate work activities, and resolve problems.

268 HUMAN RESOURCE MANAGEMENT

Examples of Work:

< Analyzes and prepares cash flow forecasts and updates forecasts based on actual revenues and expenditures.

< Prepares financial reports, statements, and schedules.

< Audits and reconciles assigned accounts in the general ledger.

< Monitors and controls accounting activities in the recording of financial transactions, that is, accounts receivables, accounts payables, collections, and fixed assets.

< Verifies and reviews accounting transactions. Makes appropriate corrections, entries, and adjustments to ensure accuracy of reports.

< Researches, analyzes, and prepares journals for financial transactions.

< Analyzes and maintains subsidiary ledgers (i.e., investments). Monitors and maintains investment ledger entries and investment schedules.

< Prepares variance reports required by outside auditors and program summaries explaining variances.

< Coordinates, trains, and monitors the work of accounting support personnel to ensure proper work operations.

< Assists in development and modification of internal accounting control policies, procedures, and practices.

< Assists in special projects such as research and analysis of financial information, long-term debt schedules, investment security reports, and reports for special information requested by departmental personnel.

< Performs other related duties of a comparable level/type as assigned.

Work Environment/Physical Demands:

Work is performed in an office environment.

Minimum Qualifications:

Bachelor's Degree in Accounting (or a combination of education and/or training and/or experience that provides an equivalent background required to perform the work of the class).

CHAPTER 11 EMPLOYEE ASSESSMENT 269

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2.

3.

4. 5.

6.

7.

8.

9.

10.

11.

12. 13.

14.

ENDNOTES

J. Lawrie, “Prepare for a Performance Appraisal,” Personnel Journal 69 (April 1990): 132–36.

Marjorie Derven, “The Paradox of Performance Appraisals,” Personnel Journal 69 (February 1990): 107–11.

Brendan Bannister and David Balkin, “Performance Evaluation and Compensation Feedback Messages: An Integrated Model,” Journal of Occupational Psychology 63 (June 1990): 97–111.

Halogen Software, accessed March 22, 2011, http://www.halogensoftware.com.

Robert Kent, “Why You Should Think Twice about 360 Performance Reviews,” Man- agerWise, accessed March 22, 2011, http://www.managerwise.com/ article.phtml?id=128.

Hubert Field and William Holley, “The Relationship of Performance Appraisal System Characteristics to Verdicts in Selected Employment Discrimination Cases,” Academy of Management Journal 25, no. 2 (1982): 392–406.

Richard Grote, Forced Ranking: Making Performance Management Work (Boston: Har- vard Business School Press, 2005).

“The Struggle to Measure Performance,” BusinessWeek, January 9, 2006, accessed August 15, 2011, http://www.businessweek.com/magazine/content/06_02/ b3966060.htm.

Lisa Sprenkel, “Forced Ranking: A Good Thing for Business?” Workforce Management, n.d., accessed August 15, 2011, http://homepages.uwp.edu/crooker/790-iep-pm/ Articles/meth-fd-workforce.pdf.

Mark Lowery, “Forcing the Issue,” Human Resource Executive Online, n.d., accessed August 15, 2011, http://www.hrexecutive.com/HRE/ story.jsp?storyId=4222111&query=ranks.

Mark Lowery, “Forcing the Issue,” Human Resource Executive Online, n.d., accessed August 15, 2011, http://hre.lrp.com/HRE/story.jsp?query=ranking&storyId=4222111.

Peter Drucker, The Practice of Management (New York: Harper, 2006).

George T. Doran, “There’s a S.M.A.R.T. Way to Write Management’s Goals and Object- ives,” Management Review 70, no. 11 (1981): 35.

Jennifer Phillips, Jennifer Shafter, Karol Ross, Donald Cox, and Scott Shadrick, Behavi- orally Anchored Rating Scales for the Assessment of Tactical Thinking Mental Models (Research Report 1854), June 2006, US Army Research Institute for the Behavioral and Social Sciences, accessed August 15, 2011, http://www.hqda.army.mil/ari/pdf/ RR1854.pdf.

270 HUMAN RESOURCE MANAGEMENT

C H A P T E R 1 2 Working with Labor Unions UNHAPPY EMPLOYEES COULD EQUAL UNIONIZATION As the HR manager for a two-hundred-person company, you tend to have a pretty good sense of employee mor-

ale. Recently, you are concerned because it seems that morale is low, because of pay and the increasing health be-

nefit costs to employees. You discuss these concerns with upper-level management, but owing to financial pres-

sures, the company is not able to give pay raises this year.

One afternoon, the manager of the marketing department comes to you with this concern, but also with some

news. She tells you that she has heard talk of employees unionizing if they do not receive pay raises within the next

few months. She expresses that the employees are very unhappy and productivity is suffering as a result. She says

that employees have already started the unionization process by contacting the National Labor Relations Board and

are in the process of proving 30 percent worker interest in unionization. As you mull over this news, you are con-

cerned because the organization has always had a family atmosphere, and a union might change this. You are also

concerned about the financial pressures to the organization should the employees unionize and negotiate higher

pay. You know you must take action to see that this doesn’t happen. However, you know you and all managers are

legally bound by rules relating to unionization, and you need a refresher on what these rules are. You decide to call

a meeting first with the CEO and then with managers to discuss strategy and inform them of the legal implications

of this process. You feel confident that a resolution can be developed before the unionization happens.

Working with Labor Unions Introduction

The author introduces the chapter on labor unions.

View the video online at: http://app.wistia.com/embed/medias/8bbf6b7bad

labor union

A group of workers who band together to meet common goals, such as better pay, benefits, or promotion rules.

1. THE NATURE OF UNIONS

L E A R N I N G O B J E C T I V E S

1. Be able to discuss the history of labor unions. 2. Explain some of the reasons for a decline in union membership over the past sixty years. 3. Be able to explain the process of unionization and laws that relate to unionization.

A labor union, or union, is defined as workers banding together to meet common goals, such as better pay, benefits, or promotion rules. In the United States, 11.9 percent of American workers belong to a union, down from 20.1 percent in 1983.[1] In this section, we will discuss the history of unions, reasons for decline in union membership, union labor laws, and the process employees go through to form a union. First, however, we should discuss some of the reasons why people join unions.

People may feel their economic needs are not being met with their current wages and benefits and believe that a union can help them receive better economic prospects. Fairness in the workplace is an- other reason why people join unions. They may feel that scheduling, vacation time, transfers, and pro- motions are not given fairly and feel that a union can help eliminate some of the unfairness associated with these processes. Let’s discuss some basic information about unions before we discuss the unioniz- ation process.

1.1 History and Organization of Unions Trade unions were developed in Europe during the Industrial Revolution, when employees had little skill and thus the entirety of power was shifted to the employer. When this power shifted, many em- ployees were treated unfairly and underpaid. In the United States, unionization increased with the building of railroads in the late 1860s. Wages in the railroad industry were low and the threat of injury or death was high, as was the case in many manufacturing facilities with little or no safety laws and reg- ulations in place. As a result, the Bortherhood of Locomotive Engineers and several other brotherhoods (focused on specific tasks only, such as conductors and brakemen) were formed to protect workers’ rights, although many workers were fired because of their membership.

Labor Union AFL-CIO Perspective

A video from the AFL-CIO shows a history of labor unions, from its perspective.

The first local unions in the United States were formed in the eighteenth century, in the form of the National Labor Union (NLU).

The National Labor Union, formed in 1866, paved the way for other labor organizations. The goal of the NLU was to form a national labor federation that could lobby government for labor reforms on behalf of the labor organizations. Its main focus was to limit the workday to eight hours. While the NLU garnered many supporters, it excluded Chinese workers and only made some attempts to defend the rights of African-Americans and female workers. The NLU can be credited with the eight-hour workday, which was passed in 1862. Because of a focus on government reform rather than collective bargaining, many workers joined the Knights of Labor in the 1880s.

View the video online at: http://www.youtube.com/v/ubIWyT7nGdU

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union steward

An elected person with the organization who represents the interests of union members.

The Knights of Labor started as a fraternal organization, and when the NLU dissolved, the Knights grew in popularity as the labor union of choice. The Knights promoted the social and cultural spirit of the worker better than the NLU had. It originally grew as a labor union for coal miners but also covered several other types of industries. The Knights of Labor initiated strikes that were successful in increasing pay and benefits. When this occurred, membership increased. After only a few years, though, membership declined because of unsuccessful strikes, which were a result of a too autocratic structure, lack of organization, and poor management. Disagreements between members within the or- ganization also caused its demise.

The American Federation of Labor (AFL) was formed in 1886, mostly by people who wanted to see a change from the Knights of Labor. The focus was on higher wages and job security. Infighting among union members was minimized, creating a strong organization that still exists today. In the 1930s, the Congress of Industrial Organizations (CIO) was formed as a result of political differences in the AFL. In 1955, the two unions joined together to form the AFL-CIO.

Currently, the AFL-CIO is the largest federation of unions in the United States and is made up of fifty-six national and international unions. The goal of the AFL-CIO isn’t to negotiate specific contracts for employees but rather to support the efforts of local unions throughout the country.

Currently in the United States, there are two main national labor unions that oversee several industry-specific local unions. There are also numerous independent national and international unions that are not affiliated with either national union:

1. AFL-CIO: local unions include Airline Pilots Association, American Federation of Government Employees, Associated Actors of America, and Federation of Professional Athletes

2. CTW (Change to Win Federation): includes the Teamsters, Service Employees International Union, United Farm Workers of America, and United Food and Commercial Workers

3. Independent unions: Directors Guild of America, Fraternal Order of Police, Independent Pilots Association, Major League Baseball Players Association

The national union plays an important role in legislative changes, while the local unions focus on col- lective bargaining agreements and other labor concerns specific to the area. Every local union has a union steward who represents the interests of union members. Normally, union stewards are elected by their peers.

A national union, besides focusing on legislative changes, also does the following: 1. Lobbies in government for worker rights laws 2. Resolves disputes between unions 3. Helps organize national protests 4. Works with allied organizations and sponsors various programs for the support of unions For example, in 2011, the national Teamsters union organized demonstrations in eleven states to

protest the closing of an Ontario, California, parts distribution center. Meanwhile, Teamster Local 495 protested at the Ontario plant.[2]

CHAPTER 12 WORKING WITH LABOR UNIONS 273

F I G U R E 1 2 . 1 The Complicated Structure of AFL-CIO

Source: AFL-CIO.

1.2 Current Union Challenges The labor movement is currently experiencing several challenges, including a decrease in union mem- bership, globalization, and employers’ focus on maintaining nonunion status. As mentioned in the opening of this section, the United States has seen a steady decline of union membership since the 1950s. In the 1950s, 36 percent of all workers were unionized,[3] as opposed to just over 11 percent today.

Human Resource Recall

When you are hired for your first job or your next job, do you think you would prefer to be part of a union or not?

Claude Fischer, a researcher from University of California Berkeley, believes the shift is cultural. His research says the decline is a result of American workers preferring individualism as opposed to col- lectivism.[4] Other research says the decline of unions is a result of globalization, and the fact that many

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Railway Labor Act (RLA)

Passed in 1926, the act applies to railroads and airlines. The goal of the act is to ensure no disruption of interstate commerce.

Norris-LaGuardia Act

Passed in 1932 (also known as the anti-injunction bill) this act barred federal courts from issuing injunctions against nonviolent labor disputes and barred employers from interfering with workers joining a union.

yellow-dog contracts

Before the Norris-LaGuardia Act, contracts in which a worker agreed to not join a union before accepting a job.

Wagner Act

A law passed in 1935 that changed the way employers can react to several aspects of unions and unionization.

jobs that used to be unionized in the manufacturing arena have now moved overseas. Other reasoning points to management, and that its unwillingness to work with unions has caused the decline in mem- bership. Others suggest that unions are on the decline because of themselves. Past corruption, negative publicity, and hard-line tactics have made joining a union less favorable.

To fully understand unions, it is important to recognize the global aspect of unions. Statistics on a worldwide scale show unions in all countries declining but still healthy in some countries. For example, in eight of the twenty-seven European Union member states, more than half the working population is part of a union. In fact, in the most populated countries, unionization rates are still at three times the unionization rate of the United States.[5] Italy has a unionization rate of 30 percent of all workers, while the UK has 29 percent, and Germany has a unionization rate of 27 percent.

In March 2011, Wisconsin governor Scott Walker proposed limiting the collective bargaining rights of state workers to save a flailing budget. Some called this move “union busting” and said this type of act is illegal, as it takes away the basic rights of workers. The governor defended his position by saying there is no other choice, since the state is in a budget crisis. Other states such as Ohio are con- sidering similar measures. Whatever happens, there is a clear shift for unions today.

Globalization is also a challenge in labor organizations today. As more and more goods and ser- vices are produced overseas, unions lose not only membership but union values in the stronghold of worker culture. As globalization has increased, unions have continued to demand more governmental control but have been only somewhat successful in these attempts. For example, free trade agreements such as the North American Free Trade Agreement (NAFTA) have made it easier and more lucrative for companies to manufacture goods overseas. This is discussed in Chapter 14. For example, La-Z-Boy and Whirlpool closed production facilities in Dayton and Cleveland, Ohio, and built new factories in Mexico to take advantage of cheaper labor and less stringent environmental standards. Globalization creates options for companies to produce goods wherever they think is best to produce them. As a res- ult, unions are fighting the globalization trend to try and keep jobs in the United States.

There are a number of reasons why companies do not want unions in their organizations, which we will discuss in greater detail later. One of the main reasons, however, is increased cost and less man- agement control. As a result, companies are on a quest to maintain a union-free work environment. In doing so, they try to provide higher wages and benefits so workers do not feel compelled to join a uni- on. Companies that want to stay union free constantly monitor their retention strategies and policies.

1.3 Labor Union Laws The Railway Labor Act (RLA) of 1926 originally applied to railroads and in 1936 was amended to cover airlines. The act received support from both management and unions. The goal of the act is to ensure no disruption of interstate commerce. The main provisions of the act include alternate dispute resolution, arbitration, and mediation to resolve labor disputes. Any dispute must be resolved in this manner before a strike can happen. The RLA is administered by the National Mediation Board (NMB), a federal agency, and outlines very specific and detailed processes for dispute resolution in these industries.

The Norris-LaGuardia Act of 1932 (also known as the anti-injunction bill), barred federal courts from issuing injunctions (a court order that requires a party to do something or refrain from do- ing something) against nonviolent labor disputes and barred employers from interfering with workers joining a union. The act was a result of common yellow-dog contracts, in which a worker agreed not to join a union before accepting a job. The Norris-LaGuardia Act made yellow-dog contracts unen- forceable in courts and established that employees were free to join unions without employer interference.

In 1935, the Wagner Act (sometimes called the National Labor Relations Act) was passed, chan- ging the way employers can react to several aspects of unions. The Wagner Act had a few main aspects:

1. Employers must allow freedom of association and organization and cannot interfere with, restrain, or coerce employees who form a union.

2. Employers may not discriminate against employees who form or are part of a union, or those who file charges.

3. An employer must bargain collectively with representation of a union.

CHAPTER 12 WORKING WITH LABOR UNIONS 275

National Labor Relations Board (NLRB)

The organization that oversees and enforces the Wagner and Taft-Hartley acts. It handles unfair labor practice complaints and facilitates unionization efforts.

F I G U R E 1 2 . 2

The Taft-Hartley Act prevents certain types of strikes, even in unionized companies.

© Thinkstock

Taft-Hartley Act

An act passed in 1947 that put several restrictions on unions. It amended the Wagner Act.

wildcat strikes

Strikes not authorized by the union and considered illegal according to the Taft-Hartley Act.

secondary actions

Made illegal by the Taft-Hartley Act, which disallowed a union from going on strike in sympathy for another union.

Landrum Griffin Act

An act passed in 1959 that is supposed to limit corruption in unions by requiring secret elections and reporting of financial information.

The National Labor Relations Board (NLRB) oversees this act, handling any complaints that may arise from the act. For example, in April 2011, the NLRB worked with employees at Ozburn-Hessey Logistics in Tennessee after they had been fired because of their involvement in forming a union. The company was also accused of interrogating employees about their union activities and threatened em- ployees with loss of benefits should they form a union. The NLRB utilized their attorney to fight on be- half of the employees, and a federal judge ordered the company to rehire the fired employees and also to desist in other antiunion activities.[6]

The Taft-Hartley Act also had major implications for unions. Passed in 1947, Taft-Hartley amended the Wagner Act. The act was introduced because of the upsurge of strikes during this time period. While the Wagner Act addressed unfair labor practices on the part of the company, the Taft- Hartley Act focused on unfair acts by the unions. For example, it outlawed strikes that were not author- ized by the union, called wildcat strikes. It also prohibited secondary actions (or secondary boy- cotts) in which one union goes on strike in sympathy for another union. The act allowed the executive branch of the federal government to disallow a strike should the strike affect national health or security. One of the most famous injunctions was made by President Ronald Reagan in 1981. Air traffic control- lers had been off the job for two days despite their no-strike oath, and Reagan ordered all of them (over eleven thousand) discharged because they violated this federal law.

The Landrum Griffin Act, also known as the Labor Management Reporting and Disclosure (LMRDA) Act, was passed in 1959. This act required unions to hold secret elections, required unions to submit their annual financial reports to the U.S. Department of Labor, and created standards gov- erning expulsion of a member from a union. This act was created because of racketeering charges and corruptions charges by unions. In fact, investigations of the Teamsters Union found they were linked to organized crime, and the Teamsters were banned from the AFL-CIO. The goal of this act was to reg- ulate the internal functioning of unions and to combat abuse of union members by union leaders.

F I G U R E 1 2 . 3 Major Acts Regarding Unions, at a Glance

1.4 The Unionization Process There are one of two ways in which a unionization process can begin. First, the union may contact sev- eral employees and discuss the possibility of a union, or employees may contact a union on their own.

276 HUMAN RESOURCE MANAGEMENT

The union will then help employees gather signatures to show that the employees want to be part of a union. To hold an election, the union must show signatures from over 30 percent of the employees of the organization.

F I G U R E 1 2 . 4 The Unionization Process

Once the signatures are gathered, the National Labor Relations Board is petitioned to move forward with a secret-ballot election. An alternative to the secret-ballot election is the card check method, in which the union organizer provides the company with authorization cards signed by a simple majority (half plus one). The employer can accept the cards as proof that the employees desire a union in their organization. The NLRB then certifies the union as the employees’ collective bargaining representative.

If the organization does not accept the card check method as authorization for a union, the second option is via a secret ballot. Before this method is used, a petition must be filed by the NLRB, and an election is usually held two months after the petition is filed. In essence, the employees vote whether to unionize or not, and there must be a simple majority (half plus one). The NLRB is responsible for elec- tion logistics and counting of ballots. Observers from all parties can be present during the counting of votes. Once votes are counted, a decision on unionization occurs, and at that time, the collective bar- gaining process begins.

Once the NLRB is involved, there are many limits as to what the employer can say or do during the process to prevent unionization of the organization. It is advisable for HR and management to be edu- cated on what can legally and illegally be said during this process. It is illegal to threaten or intimidate employees if they are discussing a union. You cannot threaten job, pay, or benefits loss as a result of forming a union. Figure 12.5 includes information on what should legally be avoided if employees are considering unionization.

CHAPTER 12 WORKING WITH LABOR UNIONS 277

union salting

A union strategy that encourages union supporters to apply for jobs in nonunion environments to actively work to unionize other employees when they are hired.

F I G U R E 1 2 . 5 Things That Shouldn’t Be Said to Employees during a Unionization Process

Obviously, it is in the best interest of the union to have as many members as possible. Because of this, unions may use many tactics during the organizing process. For example, many unions are also politic- ally involved and support candidates who they feel best represent labor. They provide training to or- ganizers and sometimes even encourage union supporters to apply for jobs in nonunion environments to actively work to unionize other employees when they are hired. This practice is called union salt- ing. Unions, especially on the national level, can be involved in corporate campaigns that boycott cer- tain products or companies because of their labor practices. The United Food and Commercial Work- ers (UFCW), for example, has a “Wake Up Walmart Campaign” that targets the labor practices of this organization.

1.5 Strategies Companies Use to Avoid Unionization Most organizations feel the constraints of having a union organization are too great. It affects the cost to the organization and operation efficiency. Collective bargaining at times can put management at odds with its employees and cost more to produce products and services. Ideally, companies will provide safe working conditions, fair pay, and benefits so the employees do not feel they need to form a union. There are three main phases of unionization:

1. Phase 1: Your organization is union free and there is little or no interest in unionizing. 2. Phase 2: You learn that some employees are discussing unionization or you learn about specific

attempts by the union to recruit employees. 3. Phase 3: You receive a petition from the National Labor Relations Board filed by a union

requesting a unionization vote. Because of increased costs and operational efficiency, it is normally in a company’s best interest to avoid unionization. While in phase 1, it is important to review employee relations programs including pay, benefits, and other compensation. Ensure the compensation plans are fair so employees feel fairly treated and have no reason to seek the representation of a union.

Despite your best efforts, you could hear of unionization in your organization. The goal here is to prevent the union from gaining support to ask for a National Labor Relations Board election. Since only 30 percent of employees need to sign union cards for a vote to take place, this phase to avoid uni- onization is very important. During this time, HR professionals and managers should respond to the issues the employees have and also develop a specific strategy on how to handle the union vote, should it get that far.

In phase 3, familiarization with all the National Labor Relations Board rules around elections and communications is important. With this information, you can organize meetings to inform managers on these rules. At this time, you will likely want to draw up an antiunion campaign and communicate that to managers, but also make sure it does not violate laws. To this end, develop specific strategies to encourage employees to vote “no” for the union. Some of the arguments that might be used include talking with the employee and mentioning the following:

1. Union dues are costly. 2. Employees could be forced to go on strike.

278 HUMAN RESOURCE MANAGEMENT

3. Employees and management may no longer be able to discuss matters informally and individually.

4. Unionization can create more bureaucracy within the company. 5. Individual issues may not be discussed. 6. Many decisions within a union, such as vacation time, are based on seniority only.

With unionization in decline, it is likely you may never need to handle a new union in your organiza- tion. However, organizations such as Change to Win are in the process of trying to increase union membership. This organization has four affiliated unions, with a goal to strengthen the labor move- ment. Teamsters, United Food and Commercial Workers, United Farm Workers, and Service Employ- ees International Union are all unions affiliated with this organization.[7] The next few years will be telling as to the fate of unions in today’s organizations.

Fortune 500 Focus

Perhaps no organization is better known for its antiunion stance than Walmart. Walmart has over 3,800 stores in the United States and over 4,800 internationally with $419 billion in sales.[8] Walmart employs more than 2 million associates worldwide.[9] The billions of dollars Walmart earns do not immunize the company to trouble. In 2005, the company’s vice president, Tom Coughlin, was forced to resign after admitting that between $100,000 and $500,000 was spent for undeclared purposes, but it was eventually found that the money was spent to keep the United Food and Commercial Workers union (UFCW) out of Walmart[10] (he was found guilty and sentenced to two years of house arrest).

Other claims surrounding union busting are the closing of stores, such as the Walmart Tire and Lube Express in Gatineau, Quebec,[11] when discussions of unionization occurred. Other reports of union busting include the accusation that company policy requires store managers to report rumors of unionizing to corporate headquarters. Once the report is made, all labor decisions for that store are handled by the corporate offices instead of the store manager. According to labor unions in the United States, Walmart is willing to work with international labor unions but continues to fiercely oppose unionization in the United States. In one example, after butchers at a Jacksonville, Texas, Walmart voted to unionize, Walmart eliminated all US meat-cutting departments.

A group called OUR Walmart (Organization United for Respect), financed by the United Food and Commercial Workers* (UFCW) union, has stemmed from the accusations of union busting. Walmart spokesperson David Tovar says he sees the group as a Trojan horse assembled by labor organizations to lay the groundwork for full-fledged unionization and seek media attention to fulfill their agenda. While the organization’s activities may walk a fine line between legal and illegal union practices under the Taft-Hartley Act, this new group will certainly affect the future of unionization at Walmart in its US stores.

*Note: UFCW was part of the AFL-CIO until 2005 and now is an independent national union.

1.6 The Impact of Unions on Organizations You may wonder why organizations are opposed to unions. As we have mentioned, since union work- ers do receive higher wages, this can be a negative impact on the organization. Unionization also im- pacts the ability of managers to make certain decisions and limits their freedom when working with employees. For example, if an employee is constantly late to work, the union contract will specify how to discipline in this situation, resulting in little management freedom to handle this situation on a case- by-case basis. In 2010, for example, the Art Institute of Seattle faculty filed signatures and voted on uni- onization.[12] Some of the major issues were scheduling issues and office space, not necessarily pay and benefits. While the particular National Labor Relations Board vote was no to unionization, a yes vote could have given less freedom to management in scheduling, since scheduling would be based on col- lective bargaining contracts. Another concern about unionization for management is the ability to pro- mote workers. A union contract may stipulate certain terms (such as seniority) for promotion, which means the manager has less control over the employees he or she can promote.

Section 2 and Section 3 discuss the collective bargaining and grievance processes.

CHAPTER 12 WORKING WITH LABOR UNIONS 279

collective bargaining

The process of negotiating an agreement between management and employees.

K E Y T A K E A W A Y S

< Union membership in the United States has been slowly declining. Today, union membership consists of about 11.9 percent of the workforce, while in 1983 it consisted of 20 percent of the workforce.

< The reasons for decline are varied, depending on whom you ask. Some say the moving of jobs overseas is the reason for the decline, while others say unions’ hard-line tactics put them out of favor.

< Besides declining membership, union challenges today include globalization and companies’ wanting a union-free workplace.

< The United States began its first labor movement in the 1800s. This was a result of low wages, no vacation time, safety issues, and other issues.

< Many labor organizations have disappeared, but the American Federation of Labor (AFL) still exists today, although it merged with the Congress of Industrial Organizations (CIO) and is now known as the AFL-CIO. It is the largest labor union and represents local labor unions in a variety of industries.

< The United States has a low number of union members compared with other countries. Much of Europe, for example, has over 30 percent of their workforce in labor unions, while in some countries as much as 50 percent of the workforce are members of a labor union.

< Legislation has been created over time to support both labor unions and the companies who have labor unions. The Railway Labor Act applies to airlines and railroads and stipulates that employees may not strike until they have gone through an extensive dispute resolution process. The Norris-LaGuardia Act made yellow-dog contracts illegal and barred courts from issuing injunctions.

< The Wagner Act was created to protect employees from retaliation should they join a union. The Taft- Hartley Act was developed to protect companies from unfair labor practices by unions.

< The National Labor Relations Board is the overseeing body for labor unions, and it handles disputes between companies as well as facilitates the process of new labor unions in the developing stages. Its job is to enforce both the Wagner Act and the Taft-Hartley Act.

< The Landrum Griffin Act was created in 1959 to combat corruption in labor unions during this time period. < To form a union, the organizer must have signatures from 30 percent of the employees. If this occurs, the

National Labor Relations Board will facilitate a card check to determine more than 50 percent of the workforce at that company is in agreement with union representation. If the company does not accept this, then the NLRB holds secret elections to determine if the employees will be unionized. A collective bargaining agreement is put into place if the vote is yes.

< Companies prefer to not have unions in their organizations because it affects costs and operational productivity. Companies will usually try to prevent a union from organizing in their workplace.

< Managers are impacted when a company does unionize. For example, management rights are affected, and everything must be guided by the contract instead of management prerogative.

E X E R C I S E S

1. Visit the National Labor Relations Board website. View the “weekly case summary” and discuss it in at least two paragraphs, stating your opinion on this case.

2. Do you agree with unionization within organizations? Why or why not? List the advantages and disadvantages of unions to the employee and the company.

2. COLLECTIVE BARGAINING

L E A R N I N G O B J E C T I V E S

1. Be able to describe the process of collective bargaining. 2. Understand the types of bargaining issues and the rights of management. 3. Discuss some strategies when working with unions.

When employees of an organization vote to unionize, the process for collective bargaining begins. Col- lective bargaining is the process of negotiations between the company and representatives of the uni- on. The goal is for management and the union to reach a contract agreement, which is put into place for a specified period of time. Once this time is up, a new contract is negotiated. In this section, we will discuss the components of the collective bargaining agreement.

280 HUMAN RESOURCE MANAGEMENT

checkoff provision

The employer, on behalf of the union, automatically deducts dues from union members’ paychecks.

union shop

Requires a person to join the union within a certain time period of joining the organization.

right-to-work states

Laws passed in twenty-two states that prohibit requirements to join a union or pay dues and fees to a union.

agency shop

Similar to a union shop, except that workers do not have to join the union but still must pay union dues.

agency fees

The fees charged by an agency shop. May be illegal in right-to-work states.

closed shop

A type of union agreement in which a person must be a union member to be hired; it was made illegal under the Taft-Hartley Act.

2.1 The Process of Collective Bargaining In any bargaining agreement, certain management rights are not negotiable, including the right to manage and operate the business, hire, promote, or discharge employees. However, in the negotiated agreement there may be a process outlined by the union for how these processes should work. Manage- ment rights also include the ability of the organization to direct the work of the employees and to es- tablish operational policies. As an HR professional sits at the bargaining table, it is important to be stra- tegic in the process and tie the strategic plan with the concessions the organization is willing to make and the concessions the organization will not make.

Another important point in the collective bargaining process is the aspect of union security. Obvi- ously, it is in the union’s best interest to collect dues from members and recruit as many new members as possible. In the contract, a checkoff provision may be negotiated. This provision occurs when the employer, on behalf of the union, automatically deducts dues from union members’ paychecks. This ensures that a steady stream of dues is paid to the union.

To recruit new members, the union may require something called a union shop. A union shop requires a person to join the union within a certain time period of joining the organization. In right- to-work states a union shop may be illegal. Twenty-two states have passed right-to-work laws, as you can see in Figure 12.6. These laws prohibit a requirement to join a union or pay dues and fees to a uni- on. To get around these laws, agency shops were created. An agency shop is similar to a union shop in that workers do not have to join the union but still must pay union dues. Agency shop union fees are known as agency fees and may be illegal in right-to-work states. A closed shop used to be a mechan- ism for a steady flow of membership. In this arrangement, a person must be a union member to be hired. This, however, was made illegal under the Taft-Hartley Act. According to a study by CNBC, all twenty-two right-to-work states are in the top twenty-five states for having the best workforces.[13] However, according to the AFL-CIO, the average worker in a right-to-work state makes $5,333 less per year than other workers.[14]

F I G U R E 1 2 . 6 Map of Right-to-Work States

CHAPTER 12 WORKING WITH LABOR UNIONS 281

mandatory category

A collective bargaining topic, such as wages, that must be discussed in the agreement.

permissive topic

Topics in collective bargaining that are not mandatory but still topics of discussion, such as drug testing.

illegal topic

A bargaining topic that is illegal in both the bargaining agreement and within society, such as plans to discriminate against a specific group in employment.

In a collective bargaining process, both parties are legally bound to bargain in good faith. This means they have a mutual obligation to participate actively in the deliberations and indicate a desire to find a basis for agreement. There are three main classification of bargaining topics: mandatory, permissive, and illegal. Wages, health and safety, management rights, work conditions, and benefits fall into the mandatory category. Permissive topics are those that are not required but may be brought up dur- ing the process. An example might include the requirement of drug testing for candidates or the re- quired tools that must be provided to the employee to perform the job, such as a cellular phone or computer. It is important to note that while management is not required by labor laws to bargain on these issues, refusing to do so could affect employee morale. We can also classify bargaining issues as illegal topics, which obviously cannot be discussed. These types of illegal issues may be of a discrimin- atory nature or anything that would be considered illegal outside the agreement.

Examples of Bargaining Topics

< Pay rate and structure

< Health benefits

< Incentive programs

< Job classification

< Performance assessment procedure

< Vacation time and sick leave

< Health plans

< Layoff procedures

< Seniority

< Training process

< Severance pay

< Tools provided to employees

< Process for new applicants

The collective bargaining process has five main steps; we will discuss each of these steps next. The first step is the preparation of both parties. The negotiation team should consist of individuals with know- ledge of the organization and the skills to be an effective negotiator. An understanding of the working conditions and dissatisfaction with working conditions is an important part of this preparation step. Establishing objectives for the negotiation and reviewing the old contract are key components to this step. The management team should also prepare and anticipate union demands, to better prepare for compromises.

F I G U R E 1 2 . 7 Steps in Collective Bargaining

The second step of the process involves both parties agreeing on how the time lines will be set for the negotiations. In addition, setting ground rules for how the negotiation will occur is an important step, as it lays the foundation for the work to come.

In the third step, each party comes to the table with proposals. It will likely involve initial opening statements and options that exist to resolve any situations that exist. The key to a successful proposal is

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bargaining impasse

Inability to agree on a contract.

economic strike

A strike based on unhappiness about economic conditions.

unfair labor practices strike

The goal is to get the organization to cease committing what the union believes to be an unfair labor practice; this kind of strike does not need to occur during negotiations.

lockout

When organizations do not allow workers to go to work.

strike

Workers protest and do not go to work as a result of contract disagreement.

slowdown

An alternative to a strike. Workers intentionally are less productive.

sick-out

When members of a union call in sick.

walk-out

An unannounced refusal to perform work; may be illegal.

jurisdictional strikes

Used to put pressure on an employer to assign work to members of one union versus another.

sympathy strikes

Work stoppages by other unions designed to show support for the union on strike.

to come to the table with a “let’s make this work” attitude. An initial discussion is had and then each party generally goes back to determine which requests it can honor and which it can’t. At this point, another meeting is generally set up to continue further discussion.

Once the group comes to an agreement or settlement (which may take many months and propos- als), a new contract is written and the union members vote on whether to accept the agreement. If the union doesn’t agree, then the process begins all over again.

2.2 Ramifications of a Bargaining Impasse When the two parties are unable to reach consensus on the collective bargaining agreement, this is called a bargaining impasse. Various kinds of strikes are used to show the displeasure of workers re- garding a bargaining impasse. An economic strike is a strike stemming from unhappiness about the economic conditions during contract negotiations. For example, 45,000 Verizon workers rallied in the summer of 2011 when contract negotiations failed.[15] The two unions, Communications Workers of America and the International Brotherhood of Electric Workers, claim that the new contract is unfair, as it asks Verizon workers to contribute more to health plans, and the company is also looking to freeze pensions at the end of the year and reduce sick time.[16] Verizon says the telecommunications business is changing, and it cannot afford these expenses. An unfair labor practices strike can happen during ne- gotiations. The goal of an unfair labor practices strike is to get the organization to cease committing what the union believes to be an unfair labor practice. A bargaining impasse could mean the union goes on strike or a lockout occurs. The goal of a lockout, which prevents workers from working, is to put pressure on the union to accept the contract. A lockout can only be legally conducted when the ex- isting collective bargaining agreement has expired and there is truly an impasse in contract negoti- ations. In summer 2011, the National Basketball Association locked out players when the collective bargaining agreement expired, jeopardizing the 2011–12 season[17] while putting pressure on the play- ers to accept the agreement. Similarly, the goal of a strike is to put pressure on the organization to ac- cept the proposed contract. Some organizations will impose a lockout if workers engage in slow- downs, an intentional reduction in productivity. Some unions will engage in a slowdown instead of a strike, because the workers still earn pay, while in a strike they do not. A sick-out is when members of a union call in sick, which may be illegal since they are using allotted time, while a walk-out is an un- announced refusal to perform work. However, this type of tactic may be illegal if the conduct is irre- sponsible or indefensible, according to a judge. Jurisdictional strikes are used to put pressure on an employer to assign work to members of one union versus another (if there are two unions within the same organization) or to put pressure on management to recognize one union representation when it currently recognizes another. The goal of a sick-out strike is to show the organization how unproduct- ive the company would be if the workers did go on strike. As mentioned under the Taft-Hartley Act, wildcat strikes are illegal, as they are not authorized by the union and usually violate a collective bar- gaining agreement. Sympathy strikes are work stoppages by other unions designed to show support for the union on strike. While they are not illegal, they may violate the terms of the collective bargain- ing agreement.

Human Resource Recall

How would you feel about going on strike? What kinds of situations may cause you to do so?

2.3 Working with Labor Unions First and foremost, when working witih labor unions, a clear understanding of the contract is imperat- ive for all HR professionals and managers. The contract (also called the collective bargaining agree- ment) is the guiding document for all decisions relating to employees. All HR professionals and man- agers should have intimate knowledge of the document and be aware of the components of the con- tract that can affect dealings with employees. The agreement outlines all requirements of managers and usually outlines how discipline, promotion, and transfers will work.

Because as managers and HR professionals we will be working with members of the union on a daily basis, a positive relationship can not only assist the day-to-day operations but also create an easier bargaining process. Solicitation of input from the union before decisions are made can be one step to creating this positive relationship. Transparent communication is another way to achieve this goal.

In HR, one of the major aspects of working with labor unions is management of the union con- tract. We discuss the grievance process in Section 3.

CHAPTER 12 WORKING WITH LABOR UNIONS 283

How Would You Handle This?

Union Busting

The employees in your organization are unhappy with several aspects of their job, including pay. You have tried to solve this issue by creating new compensation plans, but with no avail. You hear talk of unionizing. When you bring this issue to your CEO, she vehemently opposes unions and tells you to let the employees know that if they choose to unionize, they will all lose their jobs. Knowing the CEO’s threat is illegal, and know- ing you may lose your job if the workers decide to unionize, how would you handle this?

How Would You Handle This? The author discusses the How Would You Handle This situation in this chapter at: https://api.wistia.com/v1/ medias/1360905/embed.

K E Y T A K E A W A Y S

< A union has two goals: to add new members and to collect dues. A check-off provision of a contract compels the organization to take union dues out of the paycheck of union members.

< In a union shop, people must join the union within a specified time period after joining the organization. This is illegal in right-to-work states. An agency shop is one where union membership is not required but union dues are still required to be paid. This may also be illegal in right-to-work states.

< Made illegal by the Taft-Hartley Act, a closed shop allows only union members to apply and be hired for a job.

< Collective bargaining is the process of negotiating the contact with union representatives. Collective bargaining, to be legal, must always be done in good faith.

< There are three categories of collective bargaining issues. Mandatory issues might include pay and benefits. Permissive bargaining items may include things such as drug testing or the required equipment the organization must supply to employees. Illegal issues are those things that cannot be discussed, which can include issues that could be considered discriminatory.

< The collective bargaining process can take time. Both parties prepare for the process by gathering information and reviewing the old contract. They then set time lines for the bargaining and reveal their wants and negotiate those wants. A bargaining impasse occurs when members cannot come to an agreement.

< When a bargaining impasse occurs, a strike or lockout of workers can occur. An economic strike occurs during negotiations, while an unfair labor practices strike can occur anytime, and during negotiations. A sick-out can also be used, when workers call in sick for the day. These strategies can be used to encourage the other side to agree to collective bargaining terms.

< Some tips for working with unions include knowing and following the contract, involving unions in company decisions, and communicating with transparency.

E X E R C I S E S

1. Research negotiation techniques, then list and describe the options. Which do you think would work best when negotiating with unions?

2. Of the list of bargaining issues, which would be most important to you and why?

284 HUMAN RESOURCE MANAGEMENT

grievance procedure

Outlined in the contract, the process by which contract violations are handled.

mediator

An impartial third party called in to help resolve a grievance. Any recommendation or decision is not binding.

3. ADMINISTRATION OF THE COLLECTIVE BARGAINING AGREEMENT

L E A R N I N G O B J E C T I V E

1. Be able to explain how to manage the grievance process.

A grievance procedure or process is normally created within the collective bargaining agreement. The grievance procedure outlines the process by which grievances over contract violations will be handled. This will be the focus of our next section.

3.1 Procedures for Grievances A violation of the contract terms or perception of violation normally results in a grievance. The process is specific to each contract, so we will discuss the process in generalities. A grievance is normally initi- ated by an employee and then handled by union representatives. Most contracts specify how the griev- ance is to be initiated, the steps to complete the procedure, and identification of representatives from both sides who will hear the grievance. Normally, the HR department is involved in most steps of this process. Since HRM has intimate knowledge of the contract, it makes sense for them to be involved. The basic process is shown in Figure 12.8.

F I G U R E 1 2 . 8 A Sample Grievance Process

The first step is normally an informal conversation with the manager, employee, and possibly a union representative. Many grievances never go further than this step, because often the complaint is a result of a misunderstanding.

If the complaint is unresolved at this point, the union will normally initiate the grievance process by formally expressing it in writing. At this time, HR and management may discuss the grievance with a union representative. If the result is unsatisfactory to both parties, the complaint may be brought to the company’s union grievance committee. This can be in the form of an informal meeting or a more formal hearing.

After discussion, management will then submit a formalized response to the grievance. It may de- cide to remedy the grievance or may outline why the complaint does not violate the contract. At this point, the process is escalated.

Further discussion will likely occur, and if management and the union cannot come to an agree- ment, the dispute will normally be brought to a national union officer, who will work with manage- ment to try and resolve the issue. A mediator may be called in, who acts as an impartial third party and tries to resolve the issue. Any recommendation made by the mediator is not binding for either of the parties involved. Mediators can work both on grievance processes and collective bargaining issues. For example, when the National Football League (NFL) and its players failed to reach a collective bar- gaining agreement, they agreed to try mediation.[18] In this case, the agreement to go to mediation was

CHAPTER 12 WORKING WITH LABOR UNIONS 285

arbitrator

An impartial third party who is selected by both parties in a grievance and who ultimately makes a binding decision in the situation.

F I G U R E 1 2 . 1 0

Working with a union requires the HR professional to be a good communicator and to view the union-management arrangement as a successful partnership.

© Thinkstock

a positive sign after several months of failed negotiations. In the end, the mediation worked, and the NFL players started the 2011–12 season on time. In Washington State (as well as most other states), a nonprofit organization is available to assist in mediations (either grievance or collective bargaining re- lated) and arbitrations. The goal of such an organization is to avoid disruptions to public services and to facilitate the dispute resolution process. In Washington, the organization is called the Public Em- ployment Relations Commission (PERC). Figure 12.9 shows the typical grievance handling process utilizing the free PERC services.

F I G U R E 1 2 . 9 The Mediation Process for the Public Employment Relations Commission in Washington State

If no resolution develops, an arbitrator might be asked to review the evidence and make a decision. An arbitrator is an impartial third party who is selected by both parties and who ultimately makes a bind- ing decision in the situation. Thus arbitration is the final aspect of a grievance.

Some examples of grievances might include the following: 1. One employee was promoted over another, even though he had seniority. 2. An employee doesn’t have the tools needed to perform his or her job, as outlined in the contract. 3. An employee was terminated, although the termination violated the rules of the contract. 4. An employee was improperly trained on chemical handling in a department.

286 HUMAN RESOURCE MANAGEMENT

individual/personal grievances

When one member of the union feels he or she has been mistreated and files a grievance.

group grievance

Occurs if several union members have been mistreated in the same way and file a grievance.

principle grievance

A grievance that deals with basic contract issues surrounding items in the contract, such as pay or seniority.

union or policy grievance

A grievance initiated by the union if an employee or group is not willing to formally file a grievance.

Most grievances fall within one of four categories. There are individual/personal grievances, in which one member of the union feels he or she has been mistreated. A group grievance occurs if sev- eral union members have been mistreated in the same way. A principle grievance deals with basic contract issues surrounding seniority or pay, for example. If an employee or group is not willing to formally file a grievance, the union may file a union or policy grievance on behalf of that individual or group.

The important things to remember about a grievance are that it should not be taken personally and, if used correctly can be a fair, clear process to solving problems within the organization.

Grievance Process for Flight Attendants

This video shows a philosophical perspective of the grievance process for the Association of Flight Attendants union.

K E Y T A K E A W A Y S

< The grievance process is a formal process to address any complaints about contract violations. < The grievance process varies from contract to contract. It is an important part of the contract that ensures

a fair process for both union members and management.

< HR is normally involved in this process, since it has intimate knowledge of the contract and laws that guide the contract.

< The grievance process can consist of any number of steps. First, the complaint is discussed with the manager, employee, and union representative. If no solution occurs, the grievance is put into writing by the union. Then HR, management, and the union discuss the process, sometimes in the form of a hearing in which both sides are able to express their opinion.

< Management then expresses its decision in writing to the union.

< If the union decides to escalate the grievance, the grievance may be brought to the national union for a decision. At this point, an arbitrator may be brought in, suitable to both parties, to make the final binding decision.

< There are four main types of grievances. First, the individual grievance is filed when one member of the union feels mistreated. A group grievance occurs when several members of the union feel they have been mistreated and file a grievance as a group. A principle grievance may be filed on behalf of the union and is usually based on a larger issue, such as a policy or contract issue. A union or policy grievance may be filed if the employee does not wish to file individually.

< Grievances should not be taken personally and should be considered a fair way in which to solve problems that can come up between the union and management.

E X E R C I S E

1. What are the advantages of a grievance process? What disadvantages do you see with a formalized grievance process?

View the video online at: http://www.youtube.com/v/agMgB9y7k3w

CHAPTER 12 WORKING WITH LABOR UNIONS 287

4. CASES AND PROBLEMS

Chapter Summary

< Union membership in the United States has been slowly declining. Today, union membership consists of about 11.9 percent of the workforce, while in 1983 it consisted of 20 percent of the workforce.

< The reasons for decline are varied, depending on who you ask. Some say the moving of jobs overseas is the reason for the decline, while others say unions’ hard-line tactics put them out of favor.

< The United States began its first labor movement in the 1800s. This was a result of low wages, no vacation time, safety issues, and other issues.

< Many labor organizations have disappeared, but the American Federation of Labor (AFL) still exists today, although it merged with the Congress of Industrial Organizations (CIO) and is now known as the AFL-CIO. It is the largest labor union and represents local labor unions in a variety of industries.

< The United States has a low number of union members compared with other countries. Much of Europe, for example, has over 30 percent of their workforce in labor unions, while in some countries as much as 50 percent of the workforce are members of a labor union.

< Legislation has been created over time to support both labor unions and the companies who have labor unions. The Wagner Act was created to protect employees from retaliation should they join a union. The Taft-Hartley Act was developed to protect companies from unfair labor practices by unions.

< The National Labor Relations Board is the overseeing body for labor unions, and it handles disputes between companies as well as facilitates the process of certifying new labor unions. Its job is to enforce the Wagner and Taft-Hartley acts.

< The Landrum Griffin Act was created in 1959 to combat corruption in labor unions during this time period.

< To form a union, the organizer must have signatures from 30 percent of the employees. If this occurs, the National Labor Relations Board will facilitate a card check to determine whether more than 50 percent of the workforce at that company is in agreement with union representation. If the company does not accept this, then the NLRB holds secret elections to determine if the employees will be unionized.

< A union has two goals: to add new members and to collect dues. The checkoff provision of a contract compels the organization to take union dues out of the paycheck of union members.

< In a union shop, people must join the union within a specified time period of joining the organization. This is illegal in right-to-work states.

< Made illegal by the Taft-Hartley Act, a closed shop allows only union members to apply and be hired for a job.

< Collective bargaining is the process of negotiating the contact with union representatives. Collective bargaining, to be legal, must always be done in good faith.

< There are three categories of collective bargaining issues. Mandatory issues might include pay and benefits. Permissive bargaining items may include things such as drug testing or the required equipment the organization must supply to employees. Illegal issues are those things that cannot be discussed, which can include issues that could be considered discriminatory.

< The collective bargaining process can take time. Both parties prepare for the process by gathering information and reviewing the old contract. They then set time lines for the bargaining and reveal their wants and negotiate those wants. A bargaining impasse occurs when members cannot come to an agreement.

< When a bargaining impasse occurs, a strike or lockout of workers can occur. These are both strategies that can be used to encourage the other side to agree to collective bargaining terms.

< Some tips for working with unions include knowing and following the contract, involving unions in company decisions, and communicating with transparency.

< The grievance process is a formal process that addresses any complaints about contract violations. < The grievance process varies from contract to contract. It is an important part of the contract that

ensures a fair process for both unions members and management.

< HRM is normally involved in the grievance process, since it has intimate knowledge of the contract and laws guiding the contract.

< The grievance process can consist of any number of steps. First, the complaint is discussed with the manager, employee, and union representative. If no solution occurs, the grievance is put into writing by the union. Then HR, management, and the union discuss the process, sometimes in the form of a hearing in which both sides are able to express their opinion.

< Management then expresses its decision in writing to the union.

288 HUMAN RESOURCE MANAGEMENT

< If the union decides to escalate the grievance, the grievance may be brought to the national union for a decision. At this point, an arbitrator may be brought in, suitable to both parties, to make the final binding decision.

< There are four main types of grievances. First, the individual grievance is filed when one member of the union feels mistreated. A group grievance occurs when several members of the union feel they have been mistreated and file a grievance as a group. A principle grievance may be filed on behalf of the union and is usually based on a larger issue, such as a policy or contract issue. A union or policy grievance may be filed if the employee does not wish to file the grievance individually.

< Grievances should not be taken personally and should be considered a fair way in which to solve problems that can come up between the union and management.

Summary The author provides a video summary of the chapter.

Chapter Case

But I Didn’t Know

After a meeting with the operations manager of your organization, you close the door to your office so you can think of strategies to resolve an issue that has come up. The operations manager casually mentioned he had just finished a performance review of one of his employees and offered the employee a large raise be- cause of all the hours the employee was putting in. The raise was equal to 11 percent of the employee’s salary. The operations manager, being new both to the company and to a union shop, wasn’t aware of the contract agreement surrounding pay increases. An employee must receive a minimum of a 2 percent pay increase per year and a maximum of 6 percent per year based on the contract. You worry that if the union gets wind of this, everyone at that employee’s pay level may file a grievance asking for the same pay raise. Of course, the chal- lenge is that the manager already told this person he would be receiving the 11 percent raise. You know you need to act fast to remedy this situation.

1. As an HR professional, what should you have done initially to prevent this issue from happening?

2. Outline a specific strategy to implement stating how you will prevent this from happening in the future.

3. What would you do about the 11 percent pay raise that was already promised to the employee?

4. If the union files a grievance, what type of grievance do you think it would be? Provide reasoning for your answer.

5. If the union does file a grievance, draft a response to the grievance to share with your upper-level managers as a starting point for discussion on how to remedy the situation.

Team Activity

1. Break into teams of four or five. Please choose the following roles for each of your team members:

< Mediator

< Manager

< HR professional

< Employee

View the video online at: http://app.wistia.com/embed/medias/189245a96b

CHAPTER 12 WORKING WITH LABOR UNIONS 289

Once roles are chosen, please determine a solution or make a recommendation for the following situation (remember, this is a role play; you may make reasonable assumptions): The employee believes the perform- ance evaluation the manager gave was unfair and has filed a grievance about it. The employee shows proof of a good attendance record and three letters from colleagues stating the high quality of her work. The manager contends the employee does not use time wisely at work, hence the 3 out of 5 rating. The manager is able to show several examples of poor time usage.

290 HUMAN RESOURCE MANAGEMENT

1.

2.

3.

4.

5.

6.

7. 8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

ENDNOTES

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“Teamsters Escalate BMW Protests across America,” PR Newswire, August 2, 2011, ac- cessed August 15, 2011, http://www.teamster.org/content/ teamsters-escalate-bmw-protests-across-america.

Gerald Friedman, “Labor Unions in the United States,” Economic History Association, February 2, 2010, accessed April 4, 2011, http://eh.net/encyclopedia/article/ friedman.unions.us.

Claude Fischer, , “Why Has Union Membership Declined?” Economist’s View, Septem- ber 11, 2010, accessed April 11, 2011, http://economistsview.typepad.com/ economistsview/2010/09/why-has-union-membership-declined.html.

Federation of European Employers, “Trade Unions across Europe,” accessed April 4, 2011, http://www.fedee.com/tradeunions.html.

“Federal Judge Orders Employer to Reinstate Three Memphis Warehouse Workers and Stop Threatening Union Supporters While Case Proceeds at NLRB,” Office of Public Affairs, National Labor Relations Board, news release, April 7, 2011, accessed April 7, 2011, http://www.nlrb.gov/news/ federal-judge-orders-employer-reinstate-three-memphis-warehouse-workers- and-stop-threatening-un.

Change to Win website, accessed April 7, 2011, http://www.changetowin.org.

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“Investors,” Walmart Corporate, 2011, accessed August 15, 2011, http://investors.walmartstores.com/phoenix.zhtml?c=112761&p=irol-irhome.

Los AngelesTimes Wire Services, “Wal-Mart Accused of Unfair Labor Practices,” ac- cessed September 15, 2011, http://articles.latimes.com/2005/apr/13/business/ fi-walmart13.

UFCW Canada, “Want a Union? You’re Fired,” n.d., accessed August 15, 2011, http://www.ufcw.ca/ index.php?option=com_multicategories&view=article&id=1935&Itemid=98&lang=en.

“Union Push in For-Profit Higher Ed,” Inside Higher Ed, May 24, 2010, accessed August 15, 2011, http://www.insidehighered.com/news/2010/05/24/union.

“Best Workforces Are in Right to Work States,” Redstate, June 30, 2011, accessed August 14, 2011, http://www.redstate.com/laborunionreport/2011/06/30/ best-workforces-are-in-right-to-work-states-survey-finds/.

“Right to Work for Less,” AFL-CIO, accessed August 14, 2011, http://www.aflcio.org/ issues/legislativealert/stateissues/work/.

Dan Goldberg, “Verizon Strike Could Last Months,” New Jersey News, August 7, 2011, accessed August 15, 2011, http://www.nj.com/news/index.ssf/2011/08/ verizon_workers_outline_differ.html.

Dan Goldberg, “Verizon Strike Could Last Months,” New Jersey News, August 7, 2011, accessed August 15, 2011, http://www.nj.com/news/index.ssf/2011/08/ verizon_workers_outline_differ.html.

Steve Kyler, “Division among Owners?” HoopsWorld, August 8, 2011, accessed August 15, 2011, http://www.hoopsworld.com/Story.asp?story_id=20549.

Associated Press, “NFL, Union Agree to Mediation,” February 17, 2011, accessed August 15, 2011, http://msn.foxsports.com/nfl/story/ NFL-players-union-agree-to-mediation-federal-for-labor-talks-CBA-021711.

CHAPTER 12 WORKING WITH LABOR UNIONS 291

292 HUMAN RESOURCE MANAGEMENT