BSAD 310 Spring 2017 - CH 9

Chapter 9:
Employee Rights
and
Labor Relations

Managing and Leading Your
Workforce: Trust and
Communication
• Trust
– Simply faith in the character and actions of
another
• Communication
– The process of transmitting information and
meaning
• Listening Skills
– Crucial for effective communication to occur
2Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.

Job Satisfaction
• Feelings of well-being and acceptance
of place in organization
• Generally measured along a
continuum from:
– Satisfied/positive/high
– Dissatisfied/negative/low
• Affects worker productivity,
absenteeism, and turnover

Ways to Measure Job
Satisfaction
• Faces Scale
– Employees circle the face that matches their
satisfaction
– Best for a brief job satisfaction assessment
• Job Satisfaction Survey (JSS)
– Organizational development survey that is
valid and reliable for measuring job
satisfaction in workplace
– Best for an in-depth job satisfaction
assessment

Lussier and Hendon, Fundamentals of Human Resource Management. © 2017, SAGE Publications.
Exhibit 9-1: Female Faces Scale
5
Source: “Development
of a female faces scale
for measuring job
satisfaction” by Randall
B. Dunham and
Jeanne B. Herman,
Journal of Applied
Psychology, 60(5),
October 1975, 629–
631.

EXHIBIT 9-2: SAMPLE OF JOB
SATISFACTION SURVEY (JSS)
QUESTIONS21
6

Rights and Employee
Development
• Before organizations can develop,
discipline, or terminate employees and
develop high-performance teams, HR
must understand employee and
management rights.
• They do this to ensure they don’t
violate those rights or develop or
discipline employees unethically or
illegally.

Exhibit 9-3: Commonly Accepted Employee Rights
8
Lussier and Hendon, Fundamentals of
Human Resource Management.
© 2017, SAGE Publications.

Types of Rights
• Right of Free Consent
– Employees have the right to know what
they’re asked to do and consequences of
that action.
– Employers must ensure employees
voluntarily agree to do a particular job or
task.
– Employers who force employees against
their will or manipulate them violate
employees’ right to free consent.

Types of Rights
• Right to Due Process
– When employers contemplate disciplinary
action, employees have a right to know
what they are accused of, any evidence or
proof, and the ability to tell their side. Due
process avoids false accusations.
• Right to Life and Safety
– Employees have the right to be protected
from harm to the best of employers’ ability.

Types of Rights
• Right of Freedom of Conscience (Limited)
– Employees should not be asked to do
something that violates their values and
beliefs as long as these reflect societal norms.
• Right to Privacy (Limited)
– The right to privacy protects people from
unreasonable or unwarranted intrusions into
their personal affairs, unless employers feel
they might pose a hazard to others.

Types of Rights
• Right to Free Speech (Limited)
– The First Amendment applies to
government agencies limiting speech.
– In the workplace, individual freedom of
speech is limited.
– Individuals should still express concerns
or discontent with policies without fear of
harm.

Management Rights
• Codes of Conduct: Employers have a right to
create a code of employee conduct. It must
identify the firm’s ethics and values and serve
as a guide to individual action.
• Employment-at-Will: Allows company or
employee to break work relationship at any
time with or without reason as long as laws are
not violated.
• Exceptions to Employment-at-Will
– Public policy exceptions
– Evidence of an implied contract
– Lack of good faith and fair dealing

Model 9-1: The Coaching Model
14
Coaching is the process of giving motivational
feedback to maintain and improve performance.
1. Describe current performance
2. Describe desired performance
3. Get a commitment to change
4. Follow up

Management Counseling
• The process of giving employees
feedback (so they realize that a
problem is affecting their job
performance) and referring employees
with problems that cannot be managed
within the work structure to the
organization’s Employee Assistance
Program (EAP).

Discipline Basics
• Try coaching first
• Discipline is corrective action designed
to get employees to meet standards
and the code of conduct
• Common offenses needing discipline
are theft, harassment, and safety
violations

Disciplining: Objectives
• The major objective of coaching,
counseling, and discipline is to change
behavior.
• Secondary objectives are to maintain
authority when challenged and let
employees know action will be taken
when standing plans or performance
requirements are not met.

Just Cause
Seven Tests of Fairness and Due Process in
Disciplinary Actions
1. Did the employee receive fair warning?
2. Is the rule reasonably related to the
orderly, efficient, and safe operation of
the company’s business and expected
employee performance?
3. Did the employer validate the alleged
infraction prior to administering
discipline?

Just Cause
4. Was the investigation conducted fairly and
objectively?
5. Was there substantial evidence or proof that
the employee was guilty as charged?
6. Has the company applied its rules, orders,
and penalties even-handedly without
discrimination?
7. Was the degree of discipline reasonably
related to the seriousness of the employee’s
proven offense and record of the employee’s
service with the company?

Exhibit 9-4: Guidelines for
Effective Discipline
20

Progressive Discipline
• With progressive discipline, the employer
provides the employee with opportunities
to correct poor behavior before
termination.
• Steps:
– Informal coaching talk
– Oral warning
– Written warning
– Suspension
– Termination

Model 9-2: The Discipline Model
22
1.Refer to past feedback
2.Ask why the undesired behavior was used
3.Give the discipline
4.Get a commitment to change and develop a plan
5.Summarize and state the follow-up

Termination
• Necessary when an employee cannot
be made into a productive member of
the workforce.
• Causes for dismissal immediately
following investigation:
– Gross negligence is a serious failure to
exercise care in the work environment.
– Serious misconduct is intentional
behavior that can potentially cause great
harm to another or the firm.

Legal Issues in Labor
Relations
• Managers must understand constraints
set by labor laws to successfully do
their job.
• Three types of labor relations laws:
– Laws that deal with unions and
unionization
– Laws that govern how layoffs must be
handled
– Laws that govern collective bargaining

Exhibit 9-5: Major Labor Laws

Railway Labor Act (RLA) of
1926
• Enacted to limit potential for railroad
strikes to affect interstate commerce
• Provides protection for worker rights to
join a union–no more Yellow Dog
contracts
• Requires that in major disputes,
management and labor must participate in
a negotiation and mediation process
presided by the National Mediation Board
before a strike may be called

National Labor Relations Act
(NLRA) of 1935 (The Wagner Act)
• Gives employees rights, without fear of
persecution, to . . .
– Self-organize or form, join, or assist labor
organizations
– Bargain collectively through representatives of
their choosing
– Engage in concerted activities to collective
bargain or other mutual aid or protection
– Refrain from such activities unless that right
may be affected by an agreement that
requires membership in a labor organization
as a condition of employment

Labor Management Relations Act
(LMRA) of 1947 (Taft-Hartley Act)
• Amendment to 1935 NLRA that
rebalanced employer and employee
rights by prohibiting specific unfair
practices by unions, including the
following:
– Jurisdictional and wildcat strikes
– Secondary boycotts
– Union shops
– Coercive tactics

Worker Adjustment and
Retraining Notification Act
(WARN) of 1988
• Firms that employ more than 100 full-time
employees must notify them of a layoff at
least 60 days ahead of time when laying
off more than 50 employees.
• All workers are entitled to this notice,
including hourly and salaried workers and
managers.

Union Organizing
• People Join Unions for a Variety of
Reasons
– Better pay and benefits
– Unfair management practices
– Poor labor relations
– Job security

Exhibit 9-6: The Union Organizing Process
Lussier and Hendon, Fundamentals of
Human Resource Management.
© 2017, SAGE Publications.

Union Organizing: The NO
TIPS Rule
• No Threats Managers cannot threaten that
firm will shut down a facility that votes for
unionization.
• No Interrogations – Managers cannot ask
employees about union organizing activities.
• No Promises – Managers cannot promise
employees pay or benefits rewards if they vote
against union authorization.
• No Spying – Managers cannot plant spies in
union organizing meetings or other activities.

Labor Relations and
Collective Bargaining
• Labor Relations: Interactions between
management and unionized employees
• Collective Bargaining: Negotiation
process resulting in a contract between
union employees and management that
covers employment conditions
• Grievance: Formal complaint concerning
pay, working conditions, or violations of
other factors in a collective bargaining
agreement

Model 9-3: The Employee
Complaint Resolution Model
34
1. Listen to the complaint and paraphrase it.
2. Have the complainer recommend a solution.
3. Schedule time to get all the facts and/or make a decision.
4. Develop a plan to resolve the complaint.
5. Implement the plan and follow up.

Trends and Issues in HRM
• Facebook, Twitter, and Social Media at
Work: Are They Out of Control?
– Social media sites can cause any number
of problems.
• Nonunion Worker Protection and the
NLRB
– The NLRB says that workers have a right
to engage in “protected concerted
activities” in the workplace.

BSAD 310 Spring 2017 - CH 9

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BSAD 310 Spring 2017 - CH 9