To what extent do organizations need to involve employees in decision-making processes? Base your answer on a country of your choice.

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148hrm_-_employment_relations.pptx

Module 148HRM

Employment Relations

Learning objectives

Understand concept of employee/employment relations and how it relates to HRM.

Understand concepts of direct and indirect participation and their relative merits.

Understand what trade unions are, what they do and why.

Be aware of different approaches to ER e.g. unitarism and pluralism

Be aware of contemporary developments in the legislative framework for employment relations

What is Employment/employee Relations?

Used to be known as ‘Industrial Relations’ - focus was on:

Trade unions and collective bargaining

Conflicts/disputes between management and workers

Switch to ‘Employment Relations’ reflects changes such as decline in manufacturing industries and extent of unionisation

- But still focus on dealing with conflicts in the relationship between management and workers – particularly collective rather than individual conflicts

Two approaches to ER: Unitarism and Pluralism

UNITARISM PLURALISM
Believes conflict is a sign of a dysfunctional organisation – not normal but a ‘sickness’ Believes management and employees sometimes have conflicts of interest – this is a normal aspect of the employment relationship
The best way to deal with conflict is either: Make sure employees are happy (soft HRM) or Ensure employees are unable to express their dissatisfaction The best way to deal with conflicts of interest is to negotiate compromises
Management does not share authority - makes decisions alone Management shares authority by negotiating decisions with employee representatives
Unions are avoided Unions are tolerated or recognised as a useful

What is a trade union?

Indirect representation of employees

Independent of government and employers (not always the case in other countries!)

And what do they do?

Only unions legally allowed to organise strikes

Negotiate collective agreements with employers (through collective bargaining)

Provide individual services for members e.g. advice and representation in employment tribunals

Police employment law

In some countries – tripartite policy making with government and employer associations

Why might employers find unions useful?

Not always practical to negotiate terms and conditions with each employee separately

Unions represent a useful channel to hear voice of employees

Unions can help employers gain acceptance employees for necessary changes if result of negotiation

‘Social partnership’ = cooperative relations between unions and management – ‘win-win’ solutions (German and Scandinavian model)

Many UK employers still anti-Union

Trade union membership

Membership 1979 = 56% of all employees, 2013 = 25.6%

Public sector in 2014 = 54% union members

Private sector in 2014 = 14% union members

Decline due to:

decline of manufacturing

government policies

employer tactics

Women, ethnic minorities, disabled workers, older workers, highly qualified workers now most likely to unionise

Union-busting in the US

A majority (53%) of non-union workers in 2005 would vote for union representation if they could.

53% of workers believe that “employers generally oppose the union and try to convince employees to vote no”,

22% thought that employers used specific anti-union tactics (ranging from requiring employees to attend anti-union presentations on company time to firing union supporters) “all the time or fairly often”

(Freeman, 2007 http:// www.gpn.org/bp182.html)

9

Role of Government

Very strong restrictions on union activity compared with rest of EU:

General strikes & political strikes are illegal

Picketing (a peaceful protest against an employer) is legal against your own employer, ‘secondary’ picketing or strike action is illegal

Must be a postal ballot for a strike to be legal

Employers can get injunctions from courts to delay strikes on very weak grounds

Employers can sue unions for damages

Employers allowed to sack workers for striking in some cases

ILO says UK laws negate human right of freedom of association

Role of Government

Recent trade union bill:

Strengthens restrictions on picketing – widely held to be waste of police time

Minimum 50% turnout for strike ballots and min 40% must vote yes (politicians elected with less on both counts and can pass laws)

Government refuses to allow online, text or supervised workplace voting

Allows employers to substitute striking workers with agency workers

Makes it easier for employers to win injunctions and damages

Strikes already at all-time low and much lower than other countries

So what is this bill for?

Employment rights

Employment rights

Many areas of employment that were previously causes of conflict now covered by legislation:

paid time off, redundancy pay, equality, maternity and paternity rights, minimum wage, part-time, fixed term and agency workers’ rights, etc., etc.

Health and Safety standards have improved greatly since the 1974 HASAW Act, though much remains to be done

Information & Consultation of Employees (ICE) Regulations

Why?

To fill void left by decline of unions

EU Directive:

Contrast with Continental Europe and Nordic countries

European ideas of workplace democracy

Minimalist implementation of Directive in UK

(ICE) Regulations 2004, came into effect on 6 April 2005

ICE Regs

Applies to orgs with at least 50 employees

Must consult on decisions on substantial changes to work org. or contractual arrangements

E.g. Woolworths failed to consult on store closures when they went bankrupt, and those affected had to be compensated

But quality of consultation varies widely

Summary

Employers now forced in some circumstances to consult employees, e.g. on impending redundancies

But there are still few restrictions on their decisions affecting employees

Wise employers are more open and actively seek to involve their workforce, and to discuss change issues as widely as possible – many still don’t…

References

Stats on union membership from:

https:// www.gov.uk/government/uploads/system/uploads/attachment_data/file/431564/Trade_Union_Membership_Statistics_2014.pdf

See Channel4 news and BBC for the recent trade union bill e.g.

http://www.channel4.com/news/government-crackdown-on-strikes-with-trade-union-bill

Williams, S. (2014) (or previous editions) Introducing Employment Relations. OUP