Employee and Labor Relations PDF

WEBC06 04/03/2017 10:26:11 Page 287 6 Employee and Labor Relations Conﬂict at Work There is a lot of information and research related to managing conﬂict at work. Fundamentally, however, it is not the absence of conﬂict that makes for a positive work environment, but rather the nature of the conﬂict itself. Functional conﬂict can result in better ideas and issue- or client-centered problem solving. Dys functional conﬂict causes high turnover, increased absenteeism, and burnout of a skilled workforce. One study by Brinkert (2010) reviewed the causes and pervasive impact of conﬂict in nursing. Of the respondents, negative social interactions with others accounted for 75 percent of the work situations described as “detrimental”; the other 25 percent were interpersonal issues. The good news is that the researchers found that sources of conﬂict can be managed through interventions such as normalizing conﬂict and building systems for managing it (Brinkert 2010). This includes training in conﬂict management for all employees and supervisors along with the building of advanced communication skills. Leaders will need to have the courage to address interpersonal and relational conﬂicts that are destructive, and to commit to a culture of workplace civility. Most important, management must model the expected standards of behavior. Additionally, labor law requires that employers are prepared to address workplace conﬂict that escalates beyond simple disagreement. Harassment prevention and the emergence of abusive conduct (bullying) prohibitions (continued ) 287 WEBC06 04/03/2017 10:26:11 Page 288 A Guide to the Human Resource Body of KnowledgeTM 288 (continued ) reinforce the need for HR expertise in managing conﬂict. Bullying can occur in any social environment, on the job or online. A 2014 Workplace Bullying Survey reported that 65 million people have been affected by bullying at work. The survey conducted by the Workplace Bullying Institute (WBI) deﬁned bullying as “abusive conduct that is threatening, intimidating, humiliating, work sabotage or verbal abuse” (WBI 2014). The study found that 72 percent of employers try to deny or rationalize bullying conduct with statements such as “It doesn’t happen here” or “Bullying is necessary to be competitive.” For reasons like these, the State of California in 2014 passed AB 2053, which requires employers with 50 or more employees to include abusive conduct prevention training in their unlawful harass ment programs. Bullying differs from harassment in two important ways: (1) it occurs four times more often than harassment (Hocker and Wilmot 2014) and (2) it is statusblind, meaning it does not rely upon protected class characteristics to be unlawful. HR will need to lead the prevention efforts as more and more states adopt healthy workplace laws similar to California’s and for companies with multistate facilities to ensure consistency. It may soon become more than just a best practice. The WBI survey reported that 93 percent of all adult Americans support a law against abusive conduct at work, so becoming educated in this area is an emerging HR competency. References Brinkert, R. 2010. “A Literature Review of Conﬂict Communication Interventions in Nursing.” Journal of Nursing Management 18:145–156. Hocker, J. L., and W. W. Wilmot. 2014. Interpersonal Conﬂict. New York: McGraw-Hill. Workplace Bullying Institute (WBI). 2014. 2014 WBI U.S. Workplace Bullying Survey. Retrieved from www.workplacebullying.org/wbiresearch/wbi-2014-us-survey/. Introduction When called to the HR department, many employees wonder: “Am I in trouble?” This is unfortunate, as the heart of employee and labor relations (ELR) is about much more than the process of discipline and terminations. ELR activities focus on understanding and managing relationships in the workplace, seeking balance between the needs of the employee and the needs of the company. In some cases, this balance is negotiated via union representation. Elements explored in this chapter regarding the relationship between the employee and the employer include: Establishing and communicating employee and employer rights and responsibilities Managing grievances in response to decisions made about the employee WEBC06 04/03/2017 10:26:11 Page 289 Employee and Labor Relations 289 Promoting employee fairness through company programs and procedures Disciplining and terminating employees in accordance with legal guidelines to manage risk Coaching and counseling employees where appropriate Employing positive employee relations strategies to enhance company climate and culture Conferring with employee representative groups such as labor unions, works councils, and joint action committees. Managing the process of union organizing and collective bargaining Managing the Employee-Employer Relationship Managing the employee experience affects all other functions and outcomes of human resource management. There is a need for HR to effectively create a positive workplace culture by employing industrial relations strategies and employee relations programs built upon best practices. Knowing which HR and business best practices to apply requires HR practitioners to engage in problem solving and critical thinking efforts to meet the unique demands of their people, and, for this, assessments must be completed. Employee Relations Interaction between employees and the organization Interaction between employees and an organization (for example, communica tions, conﬂict resolution, compliance with legal regulations, career development, and performance measurement) Climate and Culture: Assessing Attitudes Organizational culture is an emerging discipline that has received much attention over the past several years. While Geert Hofstede described the dimensions of culture on a global scale (see the Business Management and Strategy chapter), and diversity management efforts address culture-based individual differences (see the Human Resource Development chapter), corporate culture is something else. A psychological contract exists between an employee and the company. The com pany in this contract serves as an independent entity, a whole system that acts and behaves as though it were an independent being. The culture is a collection of the values, beliefs, behaviors, and norms that an employee comes to expect from the organism. In the psychological contract, employees expect the company to provide WEBC06 04/03/2017 290 10:26:11 Page 290 A Guide to the Human Resource Body of Knowledge competitive compensation and career development opportunities. The employer expects employees to commit to continuous skill improvement and to do their best when acting on behalf of the business. Psychological contracts can be strengthened through positive employee relations strategies, so HR must become proﬁcient in methods to assess the organizational climate. Tools in the HR kit include the use of employee satisfaction and engagement surveys. Designed to measure exactly what the titles suggest, these surveys can help measure employee feelings related to their pay, their boss, their job respon sibilities, and company leadership. These surveys often identify the warning signals of turnover or the stirrings of union organization. Having this data allows HR to intervene at the ﬁrst signs of red ﬂags, before the negative environment starts to have an impact on company success. Satisfaction surveys should be anonymous to encourage honest feedback. Focus groups may be convened on narrow topics, such as diversity manage ment or career development. In one-on-one interviews, HR may seek to extract the same kind of information as the aforementioned techniques, or larger town hall– style meetings may be held in which executives respond to questions from employ ees. Social media monitoring is another way to gauge the temperature of what employees are feeling and the overall morale of the people. Stay interviews are another feedback tool that has gained popularity. Deﬁned by HRCI® as a retention tool to identify why employees stay with the company, it may also be used to ask questions about what motivates employees to perform. These and other types of one-on-one engagement efforts using active listening techniques are useful for HR to employ in measuring job and individual employee satisfaction. The humble staff meeting is an ideal opportunity to gather information regarding the organizational climate. Ranging from the weekly standard where some HR managers ask questions such as “What went well on your job this week?” to more formal town hall forums with Q&As for the company president, these meetings are effective ways to get a general sense of contentment or malaise. A skip level lands in the middle of this climate assessment range. It involves managers meeting face-to-face with subordinates one or two levels down from them, giving employees the sense that their direct supervisors have accountability measures to their performance just like the employees have. While time-consuming to administer, when properly managed it can create a positive sense that there is parity in the group as opposed to an “us versus them” dynamic. Finally, metrics such as turnover rates, the number and types of employee grievances, the number of claims ﬁled with regulatory agencies, and beneﬁts program participation rates may all provide clues to how employees are feeling about their partner in the psychological contract. WEBC06 04/03/2017 10:26:11 Page 291 Employee and Labor Relations 291 Special attention should be given by HR to protect the conﬁdentiality of employees who share honest feedback where possible. Third-party vendors such as skilled facilitators or survey managers can help accomplish this. In addition, the company needs to be ready to hear what the employees have to say; otherwise, the effort is wasted and employees feel that their opinions don’t matter. What to do about the data collected is decided on a case-by-case basis, but, where possible, positive strategies to respond to the assessment ﬁndings should be the priority. Corporate Culture The beliefs and behaviors of an organization The values, language, rules, procedures, expectations, and processes that affect how employees of an organization think, act, and view the world Psychological Contract Beliefs that inﬂuence the employee-employer relationship An unwritten agreement of the mutual beliefs, perceptions, and informal obli gations between an employer and an employee, which inﬂuence how they interact Red Flag A warning signal An indicator of a problem, or something that calls for attention Active Listening Checking for understanding A communication method that a listener uses to interpret and evaluate informa tion from a speaker Accountability Responsibility An obligation to accept responsibility for one’s actions WEBC06 04/03/2017 292 10:26:11 Page 292 A Guide to the Human Resource Body of Knowledge Positive Employee Relations Strategies Employee relations strategies that promote a positive organizational culture are those that are aligned with corporate strategy while serving employee needs. For example, a company seeking to build a learning organization would not be served well by strict policies that discipline mistakes and subvert innovation. A company seeking to promote honest and meaningful communication to aid in problem solving may write an open door policy, but should also be certain to avoid the hiring of authoritarian supervisors who don’t listen. HR is responsible for creating behavioral guidelines for all members of the workforce, and for seeking constructive ways to solve conﬂict. As the opening research shows, effective conﬂict resolution skills are a must for HR professionals seeking to support a positive corporate culture, as pervasive conﬂict affects outcomes such as employee engagement, morale, and commitment. Fair proce dures to make decisions about promotions and eligibility for training, as well as for making compensation-related decisions should be developed and communicated. Participative Management Participative management techniques are appealing on many levels to help improve the relationship between an organization and its people. This is a process where employees are included in making decisions that affect their work. It may include goal setting, problem solving, and change management. The key to participative management success is to clearly communicate the objective of the efforts, and these objectives (of course) should be aligned with the company’s strategies objectives. The change management approach of “run, ﬁx, change” focuses ﬁrst on running the business, then ﬁxing elements that aren’t working, and, ﬁnally, changing the processes or people that are out of alignment with stated goals. The fundamental element to this approach—and that of participative management techniques—is the use of employees as experts regarding what they do each and every day. Advocates of these types of approaches believe that employee satisfaction increases, as does organizational commitment. HR must lead cultural intervention efforts to gain acceptance of this management approach. It may start as a strategic objective, but will require thoughtful analysis and a series of planned interventions for people and leaders to help execute. Work Teams and Task Forces Self-directed work teams are another method employers may implement to improve employee relations. These structures are built upon autonomy in all WEBC06 04/03/2017 10:26:11 Page 293 Employee and Labor Relations 293 functional areas, from hiring and selecting team members to measuring perform ance and rewards. Members of these teams have two roles: their work role and their team role. The team members together plan and schedule work, make decisions based on consensus (or at least to disagree but commit), and work together to solve problems. Although these teams may not have leaders, diversity is important to ensure that all perspectives are considered. Work teams don’t necessarily have to be self-directed; in some cases it may be necessary to follow a more formal hierarchy. These are evident in both functional teams and cross-functional teams in which labor resources are shared along lines of department functions, speciﬁc customers, or particular brands. A global team, sometimes referred to as a cross-border team, consists of individuals working together from different locations, connected through robust technology. These types of teams require a shift from managing people to managing results, and training leaders to understand the nuances of remote work. Additionally, trust between team members is not often fostered across a virtual-only platform; it may be wise to get team members together for face-to-face interaction every three months or so for team building, problem solving, and celebration of successes. A task force is a special kind of temporary team that is formed to address a speciﬁc need. Task forces are a good ad hoc strategy to give high-potential workers who crave career development the opportunity to apply their talents to meaningful outcomes. Calling upon them in unplanned circumstances sharpens their focus and taps into areas of skill that perhaps go unused in the course of dayto-day work outcomes. Task forces also empower work groups to take ownership of problems or situations, which research has shown promotes a positive organi zational culture. Global Team Group of employees from different countries who are working on a project together A group of employees who are working on the same project but who are located in different countries or come from different cultures Ad Hoc Not planned, for a speciﬁc case A solution to a speciﬁc problem that is not planned, or cannot be used in other situations WEBC06 04/03/2017 294 10:26:11 Page 294 A Guide to the Human Resource Body of Knowledge Labor-Management Cooperative Strategy You’ll see in an upcoming section that the relationship between employers and unions has an antagonistic history. Labor-management cooperative strategies seek not necessarily to remedy, but at least to have a different go-forward approach in today’s global world. The strategies recognize that constant battles and unreasonable demands compromise the competitiveness of organizations. Parties taking a cooperative approach seek to form partnerships as opposed to adversarial relationships. A growing trend noted by the U.S. Department of Labor (DOL) supports this view in that many collective bargaining agreements are now including cooperative provisions. Saturn—part of General Motors (GM), one of the big three U.S. automakers— and the United Automobile Workers (UAW) have taken a unique approach in that union members are allowed to participate in decision making and in the determination of management bonuses. The DOL ﬁnds that pacts like these, which involve a full exchange of information between union and employers, help to build trust and cooperation for shared responsibilities and shared rewards. Positive employee relations programs serve many outcomes, not the least of which are reduced turnover, improved attendance, union avoidance, and customer satisfaction. Directly tied to the achievement of these outcomes are rewards and recognition programs. Employees are motivated when they receive feedback and believe the rewards for their efforts are equal to their inputs. HR can support employee satisfaction and motivation by designing rewards and recognition programs that seek to (1) sincerely acknowledge the employees’ efforts and (2) reward said efforts in both monetary and nonmonetary ways. HR can best achieve these outcomes by ﬁrst asking employees what rewards they prefer, and then persuading management to respond by aligning the rewards to organizational outcomes. Codetermination strategies and works councils are formal involvement strate gies used in some countries to involve employees in decisions that affect them selves and their coworkers. In codetermination strategies, employees may have voting rights to elect board members, and in other cases sit on company boards themselves. Works councils have similar levels of involvement but come about it in a different way. In Germany, for example, labor agreements are negotiated on a national level, and then trickle down to employees to make local modiﬁcations. Nonunionized employers may also use works councils, often appointed by a board of directors, to decrease conﬂict and improve employee satisfaction. WEBC06 04/03/2017 10:26:11 Page 295 Employee and Labor Relations 295 Codetermination A management structure involving employees An organizational structure in which employees share responsibility for the operation of a company Works Councils Groups that represent employees Organizations that function like trade unions and represent the rights of workers, most commonly found in Europe and the United Kingdom Special Issues In some cases, concentrated intervention programs may be necessary to resolve ongoing issues that are barriers to a positive corporate culture. For example, a culture of inclusiveness in which employees are valued for their individual contributions will not be supported through hiring practices that are exclusive or discriminatory. Finding creative ways to accommodate disabled individuals and focusing on attracting military veterans are examples of hiring practice interventions that ensure companies are making the effort to support a diverse workforce. Another issue that may need a targeted intervention is that of grievance resolution. As you will read in the section on unions, happy employees are both more productive and less likely to organize as a union. HR may need to intervene when there is a changing of the guard, such as the removal of toxic, dysfunctional leadership. When this occurs, a new grievance procedure built and focused on more positive solutions may need to be a concentrated HR effort. This will include the rebuilding of trust through consistent responses and the modeling of positive behaviors by management. Grievance Serious complaint A cause of distress that can lead to an ofﬁcial complaint (for example, difﬁcult work conditions) (continued ) WEBC06 04/03/2017 10:26:11 296 Page 296 A Guide to the Human Resource Body of Knowledge (continued ) Grievance Procedure The method used by employees to address problems at work with their employer The steps that employees must follow when they want to express their concerns about work-related issues to their employer Employee Communication and Feedback The business of work is conducted by people. This statement seems simple, but even with automation and technology, the need to manage the relationships at work takes up a large portion of an HR professional’s time and is not to be underestimated as a primary role of HR departments today. The key to managing any relationship is communication and feedback. Organizational behavior is strongly identiﬁed by the way the employer com municates with the workers, and the way coworkers communicate with each other. With the ever-increasing diversity of the workplace, it is worth understanding how group characteristics inﬂuence communication styles. Linguistic Styles Directness or indirectness, a sense of humor, pace of speaking, and frequency (or lack) of apologies are all examples of linguistic styles that are culturally learned. Referencing back to Hofstede’s work covered in the Business Management and Strategy chapter, different cultures use linguistic cues to interpret meaning from social and professional interactions. In this way, organizations also establish learned behavior in their workers. If work meetings are characterized by interruptions and swearing, employees learn that this is how the culture communicates and are likely to adopt aggressive behaviors. Generational Differences In addition to verbal and behavioral cues, generational differences inﬂuence the ﬂow of information at work. Today’s workplace has up to four generations working together, with an age spread of over 45 years. It is then worth understanding the patterns of each generation in order to effectively navigate any challenges—real or perceived—that may serve as obstacles to communication. WEBC06 04/03/2017 10:26:11 Page 297 Employee and Labor Relations 297 Millennials continue to be the largest cohort of employees in the workplace. Some estimates show that this generation will make up close to half of the workforce by 2020. Millennials have not grown up in a world without technology, computers, e-mail, and virtual meetings. ComScore, a digital world measuring service, reported that 234 million Americans over the age of 13 used mobile devices as of 2011, with more than 70 million of these devices being smartphones. Of this market, Google, Android, and Apple made up over 80 percent. These statistics characterize this generation’s work style preferences for digital communication, and the need for skill development in the basics such as business writing and etiquette. The Generation X cohort has had to evolve their workplace communication skills. Beginning their careers when many programs and practices were conducted on paper, they were in the workforce when computers became mainstream. Starting with pagers, faxes, and shoebox-size cell phones, this generation has had to be the most adaptable in terms of communicating at work. Baby boomers came of age in an environment where analog and manual inputs were the norm, and have had to adapt and learn many iterations of technology as it has developed. This generation makes up much of the management ranks, being respon sible for their employees, the millennials, who have an entirely different technological and communication skill set. Millennials are more mobile than the boomers, changing jobs often to the disapproval of the more job-stable boomers. For every 1.5 millennials entering the workforce, a boomer retires,1 meaning that the generational gaps between these twin labor powerhouses must be systematically managed. Gender Differences Communication differences between men and women have been well researched and documented. The social role theory is based on the idea that men and women learn how to communicate by modeling those around them at a young age. Research from this perspective has found evidence that girls learn conversational habits focused on relationships, whereas boys orient toward conversations based on negotiation and competition. Other research has found that women are more likely to share credit for success and to give moderate feedback to avoid offense, whereas men give more direct feedback and are less likely to ask questions or appear to ask for help. While many may ﬁnd these studies to be based on participant regurgitations of outdated stereotypes, practical HR management uses the information where appro priate to improve communication across genders and within the workplace. Supporting All Groups Here again is an opportunity for HR departments to demonstrate their value. HR leaders can have a signiﬁcant impact on improved communication by clearly WEBC06 04/03/2017 298 10:26:11 Page 298 A Guide to the Human Resource Body of Knowledge deﬁning dos and don’ts for all generations, genders, and styles. While each company has different sets of needs, general guidelines include: Asking employees not to text or e-mail during meetings. Establishing communication standards, such as listening without interrupting. Requiring employees to speak and act with professionalism. Encouraging courtesy, dignity, and respect in all employee and management interactions. HR is responsible to set the tone for the communication style of the organization, modeling the behavior of and in some cases coaching managers (and executives) on how their communication style is affecting the workplace. Conducting training sessions on e-mail etiquette, including the use of acronyms, slang, and emojis, and the appropriateness of other digital habits can go a long way toward integrating the diverse mix of communication styles present in the workplaces of today. Employee Handbooks An employee handbook helps a company organize and distribute expectations that the employer has of the worker, and describe what the employee may expect from the organization during the course of employment. A handbook serves many purposes, including acting as a manual for employee reference on the behavioral expectations of the employer, often in the form of a code of conduct or work rules. A handbook serves to communicate to employees what they may expect from their place of work. This includes a review of health insurance beneﬁts or time-off options. Compliance with various labor laws through written policies and procedures is another reason employers have handbooks. For example, written polices prohibiting harassment are one step in proving an afﬁrmative defense should an employer be charged with unlawful harassment, because a harassment-free workplace is an employee right. An employee’s respon sibility in this area is to report any harassing behavior, either to a supervisor or to HR. In this way, a handbook helps an employer comply with antiharassment laws while describing both employee rights and responsibilities. Other policies about expected work behaviors, such as moonlighting or requesting time off for planned absences, are also examples of what may be included in a handbook. Categories used to organize handbooks may vary from company to company, but often include sections related to: Introduction, including equal employment practices Time of hire information, including deﬁnitions of employee classiﬁcations and job duties WEBC06 04/03/2017 10:26:11 Page 299 Employee and Labor Relations 299 Wages and hours information, including timekeeping expectations and deﬁni tion of the workweek Beneﬁts, both mandatory and voluntary Time off, such as leaves of absence and personal time Employee relations, including the use of company property, social media, discipline, and termination Health and safety, such as a code of safe practices and injury reporting Conﬁrmation and acknowledgment forms One other important aspect of an employee handbook that HR must manage is to ensure that a handbook does not unintentionally become an employment contract. A statement of at-will employment at the beginning of the handbook, along with a deﬁnition of who may alter the at-will relationship, can help avoid creating an express or implied contract. More on this is discussed in other chapters. Employee Handbook A reference document for workers in an organization A manual that contains information about an organization’s policies, procedures, and beneﬁts Code of Conduct A set of principles and behavioral expectations A written description of the principles, behaviors, and responsibilities that an organization expects of its employees Moonlighting Working for more than one company at the same time To have a second job in addition to full-time employment Planned Absence Scheduled time away from work Missing work after asking permission in advance, such as for a vacation or a medical appointment WEBC06 04/03/2017 300 10:26:11 Page 300 A Guide to the Human Resource Body of Knowledge Employee Operational Guides As just discussed in the handbook section, many employer policies are described in the employee handbook, and are generally used for informational purposes. Employers may ﬁnd that they need additional written guides that are more operational in nature. These are described next. Procedures are descriptions of a work process, often written as step-by-step instructions. Known also as standard operating procedures (SOPs), these guides are used for training purposes and to provide performance feedback. They help ensure that consistent practices are followed so that quality, customer service, or other positive work outcomes are achieved. While most employees are conscientious about their behavior at work, rules help to deﬁne the framework within which employees are expected to act. Examples of common work rules include safe work behaviors, ethical conduct, and professional performance standards. When an employee is underperforming, there may be a need for discipline or termination. This aspect of managing the employee relationship is covered next. Discipline and Terminations One of the main support functions HR can offer to an organization is successful interventions into the behavior of underperforming employees. There is just no getting around it—the words policy and police have similar connotations. HR addresses employee performance that is out of compliance with policies, procedures, or work rules through a series of both positive and negative interventions. When positive strategies such as coaching or mentoring do not work, or for a single seriously egregious event, HR will manage the discipline process. Employee Discipline Discipline is a form of conditioning that seeks to change employee behavior. Behavioral scientists such as B. F. Skinner (covered in an earlier chapter) believed that behavior that is rewarded is strengthened, and behavior that is punished (or not rewarded) is extinguished. Discipline seeks to weaken undesirable behaviors in two ways: through punishment (there is an unpleasant consequence when an employee misbehaves) and avoidance learning (the threat or experience of punishment is enough to drive behavior). WEBC06 04/03/2017 10:26:11 Page 301 Employee and Labor Relations 301 Many employers have a discipline policy, which serves to identify standards of behavior and provide for corrective action when necessary. Goals of a policy should also include giving supervisors a resource to call upon when faced with an event. This will help managers respond consistently to similar behaviors of employees. Fundamental to a discipline policy is due process. Similar to the right of all U.S. employees to a fair trial, due process gives employees the chance to explain their actions before a consequence is applied. Due process is one component of having a discipline policy that does not discriminate and helps employers avoid a future charge of wrongful discipline or termination. Employees who are disci plined should understand the appeals process should they disagree with the judgment. Finally, HR must live or die by the adage “If it isn’t documented, it never happened.” HR must train and model the expected standards of documentation of reprimands for the employee ﬁles. From a simple date-stamped e-mail up to a formal incident report, HR is instrumental in training managers in how to legally document employee conduct. Helping managers write unemotional accounts of incidents, link negative employee behaviors to job or policy standards, and acquire conﬂict management skills are all efforts that will help defend against a wrongful discipline or termination lawsuit. Due Process The way a government enforces laws In the United States, the way a government enforces its laws to protect its citizens (for example, guaranteeing a person a fair trial) Appeal A request to a higher authority To challenge an ofﬁcial decision (for example, in court) Reprimand Formal warning or scolding A warning given to an employee who violates an organization’s rules and that may result in dismissal WEBC06 04/03/2017 302 10:26:11 Page 302 A Guide to the Human Resource Body of Knowledge Special Issues with Discipline As with any other employment action that is based on a protected class character istic, a discipline policy that is not related to the job can cause problems for an employer. Written policies that are progressive in nature may form an implied contract, forcing the employer to proceed through each step in the discipline process. Properly worded discipline policies include a statement of at-will employment, and remind the employee that the employer reserves the right to proceed directly to termination under certain conditions. Employee Terminations Unfortunately, discipline does not always result in the necessary behavior modiﬁ cations. For this reason, competent HR pros will be able to create and administer a legally defensible termination process for both voluntary and involuntary separa tions. As touched on in the preceding special issues section, terminations are fraught with legal land mines for which HR must prepare. These include: Complying with mass layoff regulations, including the Worker Adjustment and Retraining Notiﬁcation Act (WARN). This act was designed to protect employees and the communities in which they worked from the effect of mass layoffs without notice. Passed in 1998, the act requires employers with 100 or more employees to give 60 days’ notice for plant layoffs or closings. The act also requires that employers notify local government ofﬁces that may be able to offer assistance to the displaced workers. Managing the risk of constructive discharge, which occurs when an employer makes working conditions so unpleasant that an employee feels he or she has no option other than to quit. Maintaining the employment at-will relationship, or, in the event of an employ ment contract, ensuring that the contract is not breached by either party. Reducing the risk of unlawful discrimination or disparate impact by ensuring that due process is followed (covered in the chapter on Workforce Planning and Employment). Administering postemployment efforts such as complying with COBRA rights, ﬁnal paycheck mandates, and other federal and state notiﬁcation requirements. Coming up in another section is information related to collective bargaining agreements, a form of employment contract that covers a group of employees and is negotiated by their union representatives. These contracts generally outline the terms and conditions under which an employee may be disciplined or terminated. Because the agreement is a contract, HR will need to help determine if the employee was disciplined or terminated for cause. In accordance with policy WEBC06 04/03/2017 10:26:11 Page 303 Employee and Labor Relations 303 and contract rules, questions about warnings (and a review of related documenta tion) will be necessary. HR will need to at minimum participate in and, at times, lead an investigation into the behavior in question and the subsequent response to determine if the discipline or termination is in line with the collective bargaining agreement. Once termination has been decided on as the appropriate course of action under any circumstances, HR will lead the participants through the process. Regardless of whether a separation is voluntary or involuntary, a single occurrence or a mass layoff, there are several moving parts to a termination process that HR must lead, coordinate, or audit: A ﬁnal review of related documentation for clarity and to manage any potential legal issues The creation of a severance agreement or package that is in compliance with the Older Workers Beneﬁt Protection Act and the Age Discrimination in Employ ment Act Participating as a witness or scheduling a witness during the termination meeting(s) The coordination of outside resources for risk management, including a docu mentation review, exit interview, and legal counsel before and after the session(s), and possibly also managing third-party vendors such as COBRA administrators to ensure compliance The ability to work with government agencies and other local employers to coordinate placement assistance where appropriate Reviewing ﬁnal pay and beneﬁts payments to ensure they are given within the time requirements of federal and state laws The collection of company property and security clearances, including cell phones, laptops, passwords, or security codes Strategizing on how coworkers and others will be notiﬁed of the separation Dispute/Grievance Resolution An ounce of prevention is always better than even the best of reactions, so HR may support and train managers on how to have a true open door policy. In some cases, employees may be encouraged to talk to any member of management about their concerns. HR will need to ensure there is a strong relationship between department managers built on a foundation of trust in order to avoid conﬂict that may arise with this type of open door policy. If speaking to their direct supervisor or any other member of management does not work, a formal grievance process will address how employees may escalate their concerns. In some cases, HR will set up a conﬁdential 800 number. In other cases, it may be an escalation to a regional director or to the HR manager. When these efforts are unfruitful, alternatives will need to be available. WEBC06 04/03/2017 304 10:26:11 Page 304 A Guide to the Human Resource Body of Knowledge Alternative Dispute Resolution (ADR) Alternative dispute resolution (ADR) involves a neutral third party who is engaged to hear employee complaints. HR will have to have set up an ADR agreement in which the employee agreed to this form of complaint resolution, usually included in time-of-hire paperwork or in a collective bargaining agreement. Mediation and conciliation are types of ADR in which a counselor attempts to open the ﬂow of communication and reach a successful outcome. Mediation is not binding. Arbitration is designed to be a substitute for the courts. Arbitration can resolve a dispute more quickly than the courts and is less expensive. The process also allows for conﬂict resolution without a union resorting to a strike or the employer resorting to a lockout because of disagreements. Employers may ﬁnd qualiﬁed arbitrators through the American Arbitration Association, a private organization founded in 1937 (a peak time for union membership). The Department of Labor also maintains a list of arbitrators through the Federal Mediation and Conciliation Service. Regardless, HR staff is often tasked with both writing the ADR process and managing the necessary resources at each stage. In some cases, disputes come in litigated or already ﬁled with a federal agency, meaning the opportunity for ADR is limited or gone altogether. Complaints from federal agencies may include safety violations ﬁled with the Occupational Safety and Health Administration (OSHA), claims of discriminatory treatment ﬁled with the Equal Employment Opportunity Commission (EEOC), contract exceptions ﬁled with the Ofﬁce of Federal Contract Compliance Programs (OFCCP), unfair labor charges ﬁled with the National Labor Relations Board (NLRB), not to mention state-speciﬁc agencies. HR must have the capability to participate in an investigation by a federal agency, including preserving documents, complying with requests for documenta tion, making employees available for interviews, and implementing any required solutions upon resolution. If HR professionals have done their jobs well and trained supervisors and executives, much of their prevention efforts will bear fruit when a formal complaint is received. Quality documentation and compliant supervisor behaviors will reduce the chance of losing a harassment charge ﬁled with the Equal Employment Opportunity Commission. Properly classifying employees in accordance with the Fair Labor Standards Act will reduce the odds of losing a wages and hours claim. Having a social media policy that does not violate employee rights to engage in protected concerted activity will help form a response to a charge from the National Labor Relations Board (see feature). In these and similar cases, anticipating the risk and formulating policies, training programs, and system audits will make investi gating and responding to a claim more likely to be successful, as opposed to telling the CFO that he or she needs to write a check with several zeros at the end of the amount. WEBC06 04/03/2017 10:26:11 Page 305 Employee and Labor Relations 305 THE NLRB AND SOCIAL MEDIA POLICIES The National Labor Relations Board protects the rights of workers to engage in protected concerted activity—acting together to address conditions at work. These protections exist while at work, in the company parking lot, at the local bar, over the phone, and now online as well. Employer social media policies that are too strict violate an employee’s rights under the NLRB. In response to these issues, NLRB reports have underscored two main points: 1. Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees. 2. An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees. As with any policy, it is useful for HR to get a sign-off from the legal department to ensure that the policy does not inadvertently subjugate employee rights. ADR Alternative dispute resolution A method for resolving a disagreement without going through formal legal procedures Mediation Helping others negotiate An attempt to help other people or groups come to an agreement Arbitration Resolving a dispute The process of coming to an agreement about something without using a judge or court Conﬂict Resolution Process of negotiation, arbitration A method of negotiating agreements or solving problems WEBC06 04/03/2017 306 10:26:11 Page 306 A Guide to the Human Resource Body of Knowledge Managing Risk and Responding to Complaints Many of the efforts of human resources are aimed at preventing risk, and a labor attorney will often attempt to make employers “bulletproof” through strict policies and behaviors. But the truth is that HR spends valuable time simply trying to shrink the target. In other words, HR cannot prevent current workers, job applicants, and past employees from ﬁling charges against an employer or complaints against each other, but HR can drive the effort to build in protection of strong policies, procedures, rules, and documentation requirements to respond effectively. Internal Investigations The HR desk is the place where complaints of any sort land, so it makes sense that HR should be prepared to launch investigations where appropriate. These investi gations are looking in the rearview mirror, meaning it is too late to make any changes to the actions that preceded a charge. HR may only carefully analyze root causes of problems and initiate a sequence of response events aimed at reducing threats and preventing similar occurrences. Steps to an effective internal investiga tion are: Remain a neutral investigator, saving opinions and determinations for when all data has been collected. Know which laws are relevant to the behavior, and ask speciﬁc questions to decide if a violation has occurred. Interview all relevant employees while using discretion and a need-to-know-only approach to sharing information. Look for facts that can be corroborated through documentation, e-mails, or witnesses. Identify environmental causes such as policies or work conditions, and behav ioral causes such as leadership and employee conduct. Focus solutions on the causes, not the symptoms. As with many HR functions, investigations may be outsourced to a professional group to maintain the integrity of both the process and the ﬁndings. Managing the Union Relationship Many of the aforementioned employee relations strategies are used when employ ers have a direct connection to their people. When a third party such as a labor union is in place, the employer manages the relationship with the people through the union, an overview of which is the focus of this section. WEBC06 04/03/2017 10:26:11 Page 307 Employee and Labor Relations 307 Union Labor Law There are three major federal acts related to unions and employers, and they each serve a distinct purpose. The National Labor Relations Act (NLRA) was passed in 1935 to protect the right of workers to organize and bargain collectively. The NLRA, also known as the Wagner Act, also established the National Labor Relations Board (NLRB) to oversee and enforce the Act. This includes responsibility to address employer unfair labor practices. The Labor-Management Relations Act (LMRA) was passed in 1947 as an amend ment to the NLRA, in part to balance the rights of the employers. Also known as the Taft-Hartley Act, its primary impact was limiting workers’ right to strike. In 1941 one of the largest strikes had occurred when more than 4,000 workers walked off the job at the North American Aviation plant in California. With American involvement in the World War II war effort about to get seriously under way, President Roosevelt imposed martial law by executive order and sent the military to California to intervene in the walkout. After the attack on Pearl Harbor in December of that year, the larger unions agreed to a no-strike pledge in the defense industries. The pledge ended with the end of the war, and strikes were back in play. The LMRA of 1947 gave the president of the United States the authority to order an 80-day cooling-off period when national security is threatened, requiring striking workers to go back to work. George W. Bush most recently used this in 2002 when he halted employers’ lockout of 10,500 West Coast longshoremen and ordered them back to work at more than 29 ports that were vital to military operations. While the NLRA protected workers’ right to strike and the LMRA protected the rights of businesses, the third major legislation protected the rights of union members from their union. The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959 sought controls for internal union operations. It granted workers a majority vote before a union could increase member dues, and created a member Bill of Rights. The LMRDA, known also as the Landrum-Grifﬁth Act, guarantees to every union member: Equal rights and equal privileges within the union to nominate candidates for union ofﬁce, to vote in elections or referendums, and to attend union meetings The right to exercise freedom of speech and assembly The right to be free from arbitrary increases in dues, initiation fees, and assessments The right to sue and participate in administrative and legislative proceedings The right to procedural due process in disciplinary proceedings within the union Union Organizing As discussed earlier in the chapter, managing activities in employee and labor relations is predicated on understanding employer and employee rights and WEBC06 04/03/2017 308 10:26:11 Page 308 A Guide to the Human Resource Body of Knowledge responsibilities. The National Labor Relations Act granted employees the right to organize a union without interference. A union is a formal labor organization that is authorized to act on behalf of a group of employees. This section covers rights related to union representation, as well as the various responsibilities that go along with them. Why Employees Organize This chapter’s title, “Employee and Labor Relations,” suggests, correctly, that many employees choose to organize because their relationship with management is unsatisfactory, and they want to authorize a union to act on their behalf. This may occur for several reasons, but the most common ones seem to be employees’ desire for higher wages, desire for better health or retirement beneﬁts, or a general dissatisfaction with management. Some workers feel that management treats them unfairly, needs are not met, and their opinions are not respected. One response to this dissatisfaction is an attempt to organize a union. The Union Organizing Process The National Labor Relations Act gave employees the right to organize, and also developed the process for doing so. It generally begins when a disgruntled employee contacts a union, but a union can also target a speciﬁc employer or industry. Interested employees form an organizing committee with the help and education of a union representative. The goal of the committee is to gain support for union representation and to begin an authorization card campaign. This step in the organizing process is important, because before the union can demand recognition or request an election, at least 30 percent of the employees in the targeted group must sign authorization cards. Other terms to know related to this stage of campaigning include: Leaﬂeting The union hands out pamphlets to persuade employees to sign autho rization cards. Salting The union sends qualiﬁed applicants who are being paid by the union to apply for open positions and who, if hired, begin to organize immediately from within. Bannering The union places obvious signs (banners, trucks with union logos) outside the organization to advertise a message to the public and to employees about business practices. Picketing The union and its representatives gather outside the employer’s prem ises with hand signs and chants—it’s bannering with human sign holders. WEBC06 04/03/2017 10:26:11 Page 309 Employee and Labor Relations 309 Organizing Activities at Work Employers cannot prohibit employees from organizing. Employers can, however, prohibit the distribution of pamphlets, the use of company equipment, and organizing on company time. Many employers have nonsolicitation policies for this very reason, and companies should be sure to enforce this consistently for all forms of solicitation at work, not just union collateral. The company cannot prohibit union organizing activities while on break or before or after work hours. Many unions have websites and chat rooms to which interested employees can go for informa tion, but the process of distributing leaﬂets and holding face-to-face meetings with workers after hours continues to be a popular method for gathering interest. Card Campaigns The goal at the card campaign stage of the organizing process is to get as many employees as possible to sign authorization cards. While the union only needs 30 percent of employee signatures from the bargaining unit they wish to represent, organizers often seek to gain above 50 percent. This allows the union to demand voluntary recognition by the employer. In terms of pending legislation and issues to watch, unions have been trying for years to get a law passed in which employers must automatically recognize a union if they receive a high percentage of authori zation cards signed. The Employee Free Choice Act would eliminate the secret ballot election if more than 50 percent of employees sign authorization cards, but has not been passed by Congress. It is important to note that some states have already adopted these types of laws for public-sector unions. Currently, if a union does receive 50 percent + 1 signed cards, the union may ask the employer for voluntary recognition. If the employer refuses, the union ﬁles a petition for an NLRBsupervised election. Bargaining Units Understanding the term bargaining unit is important at this stage of the organizing process. A bargaining unit is a group of two or more employees that will be exclusively represented by the union. Another way to look at it is the group of employees who will be bound by a single employment contract. Employees covered in the bargaining unit must be a community of interest, deﬁned as those with the same or substantially similar interests concerning wages, working condi tions, and hours. The NLRB will consider a bargaining unit based on a history of collective bargaining, the desires of the employees concerned, and the physical location, as well as groupings by industry classiﬁcations. Once the bargaining unit WEBC06 04/03/2017 10:26:11 310 Page 310 A Guide to the Human Resource Body of Knowledge has been deﬁned, a bargaining representative is selected by a secret ballot election and a petition to the NLRB for representative certiﬁcation is requested. Special Issues with Bargaining Units A supervisor may not be selected to serve as a bargaining representative. The term supervisor is deﬁned by more than just a title; job responsibilities matter. A supervisor is an individual who has the authority to hire, ﬁre, demote, transfer, lay off, suspend, assign, reward, or discipline employees on behalf of the employer. Supervisor A person in charge of other employees Someone who oversees employees in a department or business unit to assign tasks and make sure work is completed, among other duties Unfair Labor Practices (ULPs) The union and the employer may commit unfair labor practices both during the organizing process and while working under the collective bargaining agreement. Examples of employer ULPs during organizing include withholding wage increases that would have occurred had the union not been on the scene, or photographing employees participating in peaceful union organizing. Once the election petition is ﬁled, the employer is restricted as to the information it shares with employees. Most experts agree that the easiest way to remember the types of ULPs at the organizing stage of unionization is to use the acronym TIPS: employers cannot threaten, intimidate, promise, or spy. Table 6.1 shows a few of the ULPs deﬁned by Section 8 of the NLRA. In addition to the ULPs listed in the table, the following are also considered ULPs: Hot cargo agreements When a union and an employer agree to not require union members to handle so-called hot cargo—goods or materials coming from a nonunion employer or subcontractor. Featherbedding When a union tries to require the employer to use more labor than is necessary for a job. The Election If the union members are successful in their campaigning, they will petition the NLRB for a supervised election and provide evidence of a show of interest, usually in the form of the signed authorization cards. A consent election is held when a WEBC06 04/03/2017 10:26:11 Page 311 Employee and Labor Relations 311 Table 6.1 NLRA Section 8 ULPs Union ULPs Employer ULPs Restraint and coercion of employees such as physical assault or threatening employees with job loss if they don’t support the union activities. Employer interference, restraint, or coercion directed against union or collective activity such as threatening employees with loss of jobs or plant shutdown if they support the union. Restraint and coercion of employers in the Employer domination of unions such as selection of a bargaining representative, forming a fake union, getting the such as refusing to meet with the organization started, and deciding how employer’s attorney. it will be set up and what it will do, and management taking part in decision making at the meetings. Causing or attempting to cause Employer discrimination against discrimination such as prompting an employees who take part in union or employer to discharge union members collective activities such as ﬁring because they made speeches against a workers who support the union or contract. demoting workers who circulate union petitions. Refusal to bargain in good faith such as Employer retaliation for ﬁling unfair labor meeting at reasonable times, or insisting practice charges or cooperating with on illegal provisions. the NLRB. Engaging in prohibited strikes and Employer refusal to bargain in good faith boycotts, such as inducing or with union representatives, such as encouraging a work strike or boycott. designating a representative without the authority to bargain. regional NLRB representative meets with the employer and union to measure the amount of agreement on issues such as bargaining units and voter eligibility. If there are no issues, they may waive the right to a formal hearing for rulings. A direct election is an election ordered by the NLRB representative when the employer and the union are not able to agree on issues. In order to make this more clear, consider this stage of the organizing process as being when both the employer and union consent to an election to be held once any issues have been resolved. Once the NLRB receives an election in petition and issues are resolved, an election can be scheduled. If a simple majority (50 percent + 1) of the employees who vote selects “yes” for union representation, the union is certiﬁed. It is important to understand that the number of afﬁrmative votes does not have to be a simple majority of the entire bargaining unit. If a unit is made up of 100 employees but only 20 show up on voting day, the union needs only 11 votes to win the right to represent all 100 bargaining unit members. For this reason, employers want to encourage all members of a bargaining unit to vote on election day. WEBC06 04/03/2017 10:26:12 312 Page 312 A Guide to the Human Resource Body of Knowledge Within seven days of consent or direction of an election, the employer must provide the names and addresses of all employees in the bargaining unit to the NLRB. This is called an Excelsior list. Election Bars The NLRB may also bar a petition to an election under certain conditions. These bars include: Statutory bars When a valid election has been conducted (usually by another union) within the past 12 months, another union cannot petition to represent the same bargaining unit. Contract bars When a valid collective bargaining agreement covering a period of three years or less exists, it will bar an election for the contract period. Blocking bar If an unfair labor practice charge is pending and thus holding up certiﬁcation, another election will not be allowed by the NLRB. Collective Bargaining Once a union wins the right to represent a bargaining unit, the process of negotiating terms of the employment contract—the collective bargaining agreement—begins. The process requires the employer and union representatives to meet at reasonable times, act in good faith, and put any agreement reached in writing. Both parties have a duty to bargain, and failure to do so may result in a ULP charge. Bargaining in good faith does not obligate either party to concede, but rather to engage in the process of coming to an agreement. HR practioners may support these efforts by helping to coordinate meeting times and dates. They may also be called upon to collect data and perform wages and hours costing and modeling to aid in decision making. This information will help represent the employer’s needs and serve as negotiating points throughout the bargaining process. Bargaining Subjects There are three main bargaining subjects: 1. Mandatory subjects are directed by the NLRA, which compels employers and unions to come to terms on certain contract provisions. These include wages and hours issues such as overtime and paid holidays as well as issues related to seniority arrangements and the grievance resolution process. WEBC06 04/03/2017 10:26:12 Page 313 Employee and Labor Relations 313 2. Permissive subjects are those that the union and employer may choose, such as dress codes and the recording of negotiating sessions. Either side may refuse to bargain on permissive subjects. 3. Illegal issues are those prohibited by the NLRA, and include bargaining for closed-shop security agreements and limiting concerted activity of the employ ees and other unlawful behaviors. Typical Items in a Collective Bargaining Agreement Purpose of Agreement: Preamble and Recognition Statement of Nondiscrimination Management Rights Wages and Incentives, Leave Entitlements Discipline and Termination Seniority Training Pension and Insurance Safety Grievance Procedure Strikes and Lockouts Term of Agreement Bargaining Impasse If the union and employer fail to reach an agreement, a bargaining impasse is said to have occurred. HR may need to activate the mediation or conciliation services at this stage to try to achieve resolution. This is a strategy designed to achieve the organization’s desires prior to making its ﬁnal offer. The Rights of Employees The NLRB enforces two main types of employee rights under Section 7 of the NLRA. In addition to the right to self-organize, join a union, and collectively bargain, the NLRA speciﬁcally discusses union security agreements and the right to strike. These are discussed next. Union Security Agreements Union security agreements are formed between the union and the employer and require the employees to make payments to the union in order to keep their jobs. These types of agreements cannot require applicants to be members of a union in WEBC06 04/03/2017 314 10:26:12 Page 314 A Guide to the Human Resource Body of Knowledge order to be hired, and an agreement may not require employees to join or maintain membership in a union in order to retain their jobs. These arrangements may allow individuals to become dues-paying nonmembers. If nonmembers object to their dues being used to fund nonrepresentational costs (such as political efforts), the most that can be required of them is payment of their share of costs related to activities such as collective bargaining, contract administration, and grievance adjustment. Employees who have religious objections to either becoming a member or paying dues may be exempt from dues and initiation fees. Other fees may still apply. The Right to Strike Another right granted by the NLRA is the employees’ right to strike, but with some limitations. The lawfulness of a strike may depend upon the purpose or object of the strike. Most lawful strikes are either economic strikes, which occur for purposes of contract negotiations, or unfair labor practice strikes. The purpose of an economic strike is to force the employer to make a concession about higher wages, shorter hours, or better working conditions. While strikers retain their employee status and cannot be ﬁred for striking, the employer may replace them. If the employer hires legitimate, permanent replacements for the striking workers, the striking workers may not be reinstated. Unfair labor practice strikers may not be discharged or permanently replaced. Absent serious misconduct, the strikers must be reinstated to their jobs even if replacement workers must be ﬁred as a result. See the Twinkie time line in Figure 6.1 for another view of the job losses of striking workers. Special Issues: Unlawful Strikes The NLRB also may declare a strike unlawful (and thus strikers subject to termina tion) under the following conditions: Strikes to compel an employer to commit a ULP Strikes that violate no-strike provisions in a contract Misconduct by the strikers, such as physical blocking or assault Union Decertiﬁcation Similar to certifying a union, an election must be held to decertify a union from representing a bargaining unit. A decertiﬁcation election must be requested by WEBC06 04/03/2017 10:26:12 Page 315 Employee and Labor Relations 315 Figure 6.1 Death (and Resurrection) of a Twinkie Source: Tim Worstall, “What Saved Hostess and Twinkies: Automation and Firing 95% of the Union Workforce,” Forbes Online, July 6, 2016. employees, and cannot be encouraged or compelled by an employer. The NLRB will process a petition to decertify if at least 30 percent of employees in the bargaining unit indicate their desire to do so. Union Avoidance Strategies In 2015, the NLRB adopted procedural changes that substantially shrank the time between an election petition being ﬁled and the election event. The changes include the ability to ﬁle petitions electronically, with a regional NLRB director setting up the preelection issues hearing about eight days after the petition is received. In addition, an election will not be stayed if there are preelection objections, as parties may now wait until after an election is held to ﬁle a request for review. Voter lists, including personal phone numbers and e-mail addresses, must be submitted within two days of the consent or directive election. WEBC06 04/03/2017 316 10:26:13 Page 316 A Guide to the Human Resource Body of Knowledge All of this contributes to the union beneﬁting from any momentum gained during the campaign process, and reminds HR that employers should not rely on antiunion campaigns that begin after a petition to hold an election is ﬁled. While employers may not interfere with an individual’s right to organize, there are several steps they can take to help limit the success of an organizing campaign. This section discusses those strategies. Organizational Structure It is easier for unions to successfully organize smaller groups of employees, so it is beneﬁcial for employers to structure larger departments made of employ ees with shared job duties or responsibilities. For example, a manufacturer with production workers, shipping and receiving workers, and quality assurance inspectors may reasonably structure them into one work unit or wage band, such as production. Positive Employee Relations Strategies Happy, satisﬁed employees typically do not vote for unionization; communication is often at the root of positive relationships. Train managers in problem-solving techniques, and promote open door policies that encourage the discussion of employee concerns. Survey employees periodically, and be sure to address any issues right away to avoid small issues festering into poisonous feelings. Conduct stay interviews, as opposed to waiting until an employee exits, for real-time opinions of how employees are feeling about their jobs, supervisors, wages, and working conditions. Remind employees of the beneﬁts of an open relationship with the company, and the non-wage-based perks built into their salaries like time off and coverage of health insurance premiums. Early Intervention and Response Planning There are often signs when employee thoughts about organizing change over into actions, so an HR professional who is paying attention can often advise employers when early intervention efforts may be necessary. Indicators of organizing may be misread as normal operational issues such as high turnover or increased employee complaints. There may also be more obvious signs such as discarded union pamphlets in the break room. Regardless, employers should have a union response plan that addresses both early and late issues signaling pending organization. WEBC06 04/03/2017 10:26:13 Page 317 Employee and Labor Relations 317 Suggested Study or Organizational Audit Activities Approach your management team and ask for their thoughts on what types of employee input would be most valuable for their decision making. Discuss the advantages and disadvantages of focus groups and employee surveys, and note the concerns of management. If they were resistant, ﬁnd out what their concerns were. If they preferred one data collection method over another, go deep into their reasoning. Create a training session for supervisors that address one of the ELR responsi bilities described in this chapter. Suggestions of particular value include training them on the company discipline policy, and how to avoid disparate impact or a charge of harassment or discrimination. Go online to the American Arbitration Association or other ADR website, and research the advantages and disadvantages of ad hoc arbitration. Do you know the advantages of remaining union-free? Are you aware of the best practices related to union avoidance strategies? Task yourself with writing a union avoidance policy for your current or a past employer. Note 1. From live stream video between HRCI and Gabrielle Bosché on YouTube, Decem ber 14, 2016: https://www.youtube.com/watch?v=PkmMtgcURd4.

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