Employee & Labor Relations

Question 1

International Labour Organization (ILO) history

Answer 1

• Specialized agency of the United Nations headquartered in Geneva.
• Evolved from the Commission on International Labor Legislation, which was formed in 1919 as a result of the Treaty of Versailles following World War I.

Question 2

International Labour Organization (ILO) members

Answer 2

• Membership includes governments (currently 187 member states), employers, and worker groups.

Question 3

International Labour Organization (ILO) strategic objectives

Answer 3

• Promote rights at work
• Encourage decent employment opportunities
• Enhance social protection
• Strengthen dialogue on work-related issues

Question 4

International Labour Organization (ILO) process of standards

Answer 4

• Research and analysis
• Reports
• Commitment or discussion sessions
• Drafts
• Revisions
• Adoption by 2/3 member nations
  
  • Obligated to submit convention to their own law-making bodies and/or ratify convention

Question 5

ILO has identified eight core labor standards:

Answer 5

1. “Freedom of Association and Protection of the Right to Organize,
2. “Right to Organize and Collective Bargaining,
3. “Forced Labor,
4. “Abolition of Forced Labor,
5. “Minimum Age,
6. “Worst Forms of Child Labor,
7. “Equal Remuneration,”
8. “Discrimination,”

Question 6

Employer rights

Answer 6

• Intellectual property and copyright/patient protection
• Usually defined in local laws and individual/group contracts
• Right to protect organization’s assets from damage (ex: theft, reputation) and to benefit from work preformed by employees

Question 7

Intellectual property (IP)

Answer 7

• Ownership of innovation by an individual or business enterprise; includes patented, trademarked, or copyrighted property and trade secrets

Question 8

How employers can protect intellectual property rights

Answer 8

• Physical and logical security (restricted access to use of data) and survallance process
• Can conflict with employee rights to privacy and freedom of expression and are limited
• Communicate work obligations through employee handbooks, policies and practices

Question 9

Employment contracts

Answer 9

• Documents employer and employee rights and responsibilities
• Can be done with individual or organized groups of employees
• Norm in most countries - requirements varry
  
  • Absence of written contract could be there is an implied contract
• Must be formally amended (if change is desired)

Question 10

Employment contracts with international assignees and global employees

Answer 10

Should specify which country’s laws will apply and what jurisdiction will be applied if there is litation

Question 11

Employment at-will (EAW)

Answer 11

• Principle of employment in the U.S.
• Came from common law
• Employers have the right to hire, fire, demote, and promote whomever they choose for any reason unless there is a law or contract to the contrary and that employees have the right to quit a job at any time

Question 12

Employment at-will (EAW) exceptions

Answer 12

• Public policy exemptions
  
  • Employee cannot be fired without just cause or violations from other federal and state laws
• Implied contract exemptions
  
  • Not written contracts
  • Hard to prove but can be actions, promises or statements made to individual
• Covenant of good faith and fair dealing exemption
  
  • Applies to few states
  • Restricts actions viewed as unjust or malicious

Question 13

Post-employment agreements

Answer 13

• Legally binding
• Signed at hiring
• Used to keep employer’s right to protect it’s business by restricting employee’s behavior during and during employment

Question 14

Non-disclosure agreement (NDA)

Answer 14

• Common form of post-employment agreement, especially in knowledge industries
• Employee agrees not to discuss knowledge gained during employment.
• Usually specifies a period of time employee cannot disclose information
• Does not include commonly known information

Question 15

Non-compete agreement (NCA)

Answer 15

• Common form of post-employment agreement
• Prevents employee from leaving to work for one of employer’s competitors
• May specify period of time and geographical range

Question 16

Post-employment agreements disadvantages

Answer 16

• Subsequent employers may counter-sue an employer seeking to enforce an NCA.
• Local jurisdictions and governments may look unfavorably on what they perceive as infringing on an employee’s right to work and freedom of speech.
• Damage an employer’s ability to attract and retain talent.

Question 17

Employee relations strategy should include

Answer 17

• Be aligned with organizational strategy
• Aligned with employment laws and business practices
• Vision describing type of workplace culture leaders want to create
• Values the strategy is built on
• Goals
• Initatives (set of action plans to achieve organizational goals)

Question 18

Policy

Answer 18

• Broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employee activities.
• Can be unwritten - communicated by word or action
• Are not perminant

Question 19

Performance management should include employee’s understandings of

Answer 19

• Employer’s promises
  
  • Ex: work terms, complaint procedures
• Expectations of employee conduct

Handbooks can be usesed, but union contracts supersedes the handbook.

Question 20

HR role in policies and procedures

Answer 20

• Support development by leaders and can help supply culture and values
• Facilitate development by other departments
• Support communication and policies through the organization

Question 21

Developing policies and procedures in global organizations

Answer 21

• Policies should be consistent, fair and transparent through the organization
• Lack of consistency, legal compliance and cultural adaptation can be difficult

Question 22

Employee handbook

Answer 22

• Availability - in the language and form of media universally avilable
• Organization - clear and direct
• If employees cannot read - another way to communicate will be necessary

Question 23

Employee handbook in union environment

Answer 23

• Policy handbook
  
  • Outlines policies that apply to employees without exception
    
    • Ex: mandated rights and restrictions on ileggal behavior
• Collective barganing agreement/labor contract
  
  • Descriptions of terms and conditions for employees
• Separate hanbook can be created if there are union and nonunion employees

Question 24

Tips for Creating Effective Employee Handbooks

Answer 24

• Reflects the orgnization
• Alligned with local laws and regulations
• Policy and policy related procedures (not job procedures)
• Include procedures for reporting and/or resolving policy and/or resolving policy and work violations
• Realistic in expectations - should be consistently enforced
• Keep short and understanable to the average reader

Question 25

Managers and supervisors regarding employee relations strategy

Answer 25

* Must understand the strategy and how it is aligned with specific management processes * Should receive training especially with conflict and discipline and development opportunities * Their perfomance metrics should demonstrate ability to fulfill ER strategy in daily work with employees

Question 26

Labor relations

Answer 26

* How organizations manage their relationships with employees as collective group, rather than individually * Typically includes thrid party representatives and institutions that interject themselves into the employer-employee relationship

Question 27

Labor union

Answer 27

* Also called trade union * Group of workers who coordinate their activities to achieve common goals in their relationship with an employer or group of employers * Members elect representatives to interact with management * May also include managers and professionals

Question 28

Types of unions

Answer 28

* Single enterprise * Specific trades or crafts * A national union * An industry union Large or global organizations may interact with multuple types of unions

Question 29

How to idenyify labor groups:

Answer 29

* Level of barganing * Barganing topics * Union penetration or density * Percentage of workers in the union * Membership * Compulsory, individuals or group, etc. * Relationship with management * Role the government will play

Question 30

Labor relations strategies

Answer 30

* Acceptance * Avoidance * Adaptation

Question 31

Acceptance labor relations strategy

Answer 31

* Accepting the unionization * Reasons * Well established and protected legally * Fighting efforts is too high or distracting

Question 32

Avoidance labor relations strategy reasons

Answer 32

* Costs of managing unionized workforce * Loss of flexibility in management decisions * Increased time to make and implement strategic decisions * Seen as a competitive disadvantages

Question 33

How to have an avoidance labor strategy

Answer 33

* Decrease appeal of unions by focusing on why they go (wages, benefits, etc) * Communicate why organization prefers to be union free * Train managers on signs of unionizing activitiy and respond quickly to actions

Question 34

Adaptation labor relations strategy

Answer 34

* Organization is already unionized * Employer can define the type of relationship they want with third-party reps (confrontational or collaborative)

Question 35

Confrontational union relationship

Answer 35

* Takes time and resources * Difficult contract barganing * Disagreeing with admistration of agreements * Seek to replace or remove union

Question 36

Collaborative union relationship

Answer 36

* Greater acceptance of labor-management partnerships. * Increased willingness to share power. * Open and candid sharing of information. * Joint decision making on issues of common concern. * “Win-win” bargaining techniques. * Shared responsibility and accountability for results.

Question 37

How to improve employer-union relationships

Answer 37

* Comply with international standards and local laws with unionization and worker rights * Comply with local regulations with informing and involving workers * Develop fair grivance and alternative dispute resolutions and available to all employees regardless of union membership * Implement joint study groups to solve common problems * Treat union members fairly and respectfully * Demonstrate genuine apprecation for employees' interest and involvement in workplace issues * Consult union leader to defuse problems before they become grivances

Question 38

Global labor relations strategies are shaped by

Answer 38

* Extent production is integrated among subsidiaries * Enterprise's cultural attitude toward workforce relations and experiences with labor/trade unions * Relationship bewtween originating country and subsidiaries

Question 39

Global labor relations strategies include

Answer 39

* Hands-off * Monitor * Guide and advise * Strategic planning * Set limits and approve exceptions * Integration of headquarters and line management in field * Manage locally from headquarters

Question 40

Hands-off global relations strategy

Answer 40

* Locally responsive strategy * Workforce relationship is entirely locally managed

Question 41

Monitor global relations strategy

Answer 41

* Headquarters tracks local management decsions and demonstrates interest and concerns * Decisions are made at local level

Question 42

Guide and advise global relations strategy

Answer 42

* Headquarters offers more advise and tries to apply global practices to local practices * Decisions are made at local level

Question 43

Strategic planning global relations strategy

Answer 43

* Employee relations strategy is developed with understanding of variations among workforces through the enterprise * Policies set globally * Practices developed locally * Practices must conform to global policies

Question 44

Set limits and approve exceptions global relations strategy

Answer 44

Some local adaptations may be made but only after review and approval from headquarters HS

Question 45

Integration of headquarters and line management in the field global relations strategy

Answer 45

Labor decisions are made jointly

Question 46

Manage locally from headquarters global relations strategy

Answer 46

* Centralized or standardised alternative * Local HR staff implement withoutchange, headquarters-developed HR policies and practices

Question 47

Collective bargaining

Answer 47

Process where management and union representatives negotiate the employment conditions for a particular bargaining unit for a designated period of time.

Question 48

Barganing an occur between

Answer 48

* Unions * Multi-employer groups * Trade union associations

Question 49

Influences on collective bargaining

Answer 49

* Legal and regulatory facto * Bargaining precedents * Factors during the bargaining process that led to previous agreements and/or the existing agreement. * Public and employee opinion * Economic conditions

Question 50

Contract negotiation process

Answer 50

1. Union submits contract proposal to employer 2. Employer has certain timeframe to respond to proposal and negotiate terms 3. End 1. If both sides cannot agree - outside mediation or arbitration may be used 2. If successful - contract or CBA is created

Question 51

Mediation

Answer 51

* Also called conciliation * Method of nonbinding dispute resolution * A neutral third party tries to help disputing parties reach a mutually agreeable decision * Has no power used to keeps the parties talking

Question 52

Arbitration

Answer 52

* Method of dispute resolution * Disputing parties agree to be bound by the decision of one or more impartial persons to whom they submit their dispute for final determination. * More informal then court

Question 53

Collective barganing agreement (CBA)

Answer 53

* Governs day-to-day relationships of employer and employees of barganing unit for time it specifies

Question 54

HR role in collective bargaining

Answer 54

* Suggest work processes that are most cost-effective and those that may be ineffective in terms of creating a productive workplace * Contribute suggestions based on HR’s understanding of employee needs * Analyze contract language to identify potential misunderstandings or difficulties in administration that could result in grievances later * Provide negotiators with data about employee demographics and payroll and benefits costs that can be used to analyze the cost implications of proposals and concessions. * Identify unintended consequences of contract provisions so that they can be more fully considered. * Identify clauses from preceding contracts that may be in conflict with new employment laws

Question 55

Grievance procedure

Answer 55

Orderly way to resolve differences of opinion.

Question 56

Union greviances arise when

Answer 56

* Contracts have not adressed issues specifically * When one orboth sides have misunderstood or miscommunicated polices

Question 57

The Grivance Process Steps

Answer 57

1. Immediate supervisor 1. Most are written but can be oral 2. Supervisor- attemt to determine reason and try to solve the problem and may work with union representatives to solve 3. If union rep agree no griveance has occured the process ends 2. Next level 1. If employee, supervisor and union rep cannot solve problem together 2. Formally written 3. Employee is represented by union and both sides are fully documented 3. Higher-level management 1. Memver of union or grivance committee is involved 4. Third-party determination 1. Outside arbirator may be called to resolve issue 2. Highest level of each side is represented

Question 58

Works councils

Answer 58

* Workforce members that represent employees * Local or organizational level * Purpose is information and consultation - receive from employers and convey to employees information that may affect the workplace and health of enterprise * Not involved with contract negotiation * Closeness to unions vary from country to country * May support election of certain members to councils

Question 59

U.S. works councils

Answer 59

* Do not exist in the U.S. * Volate Secion 8(a)(2) of National Labor Relations Act * Prohibites company dominated unions

Question 60

Works councils can include

Answer 60

* Both management and worker representatives. * Only worker representatives who are overseen by a member of management. * Only worker representatives with no management oversight.

Question 61

Works council member process

Answer 61

* Number of members vary * Positions are filled through election process * Worker reps have significan employment protections * Employers advise works councils of proposed management decisions and seek their input before taking action

Question 62

Works council co-determination

Answer 62

* From of corporate governance that is two-teired corporate broad strcuture * 1.) Typical management board * 2.) Supervisory board * Allows management an employees to participate in strategic decision making * Rights can be extensive and allow employees to influence managerial decisions

Question 63

Codetermination models

Answer 63

* Dual system * Single-tier system * Mixed system

Question 64

Dual system of codetermination

Answer 64

* Supervisory board in addition to typical management board * Depending on employer size, 1/2 as many on the supervisory board members may be workers * Supervisory board has authority to accept or reject manageemnt board's decisions * Organizations are not able to implment workplace changes without employee consent

Question 65

Single-tier system of codetermination

Answer 65

* Only one board of directors * Employee reps are included as members

Question 66

Mixed system of codetermination

Answer 66

Employee representatives are included, but they are only advisors

Question 67

HR needs to know regarding their works councils

Answer 67

* If works council is mandated by statutes and under what circumstances * Procedures for forming a works council * Scope of employer's obligation with respect to works councils

Question 68

Other types of labor groups

Answer 68

* Employer and industry associations * National governments and agencies * International groups * Local governments, nongovernmental organizations, religious institutions and community groups

Question 69

Industrial actions

Answer 69

* Various forms of collective employee actions taken to protest work conditions or employer actions. * Intended to interfear with employer's ability to fulfill its common interests

Question 70

Types of industrial actions

Answer 70

* General strike * Sit-down strike * Sympathy strike * Wildcat strike * Secondary action orboucott * Work-to-rule * Picketing * Lockout

Question 71

General strike

Answer 71

Work stoppage.

Question 72

Sit-down strike

Answer 72

* Refusal by workers to work * Also refusal by workers to leave their workstations, making it impossible for the employer to use replacement workers.

Question 73

Sympathy strike

Answer 73

* Action taken in support of another union that is striking the employer. * Contracts may include provisions prohibiting sympathy strikes.

Question 74

Wildcat strike

Answer 74

* Work stoppages at union contract operations that have not been sanctioned by the union.

Question 75

Secondary action or boycott

Answer 75

* Attempt by a union to influence an employer by putting pressure on another employer—for example, a supplier.

Question 76

Work-to-rule

Answer 76

* Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.

Question 77

Picketing

Answer 77

* Positioning of employees at the place of work targeted for the action for the purpose of protest. * Picketing can be used for similar purposes as strikes, but there is no work stoppage. * In some cases, picketers may illegally interfere with commerce at the employer’s site.

Question 78

Lockout

Answer 78

Action of an employer to shut down operations to prevent employees from working.

Question 79

How to prevent labor actions

Answer 79

* Train managers to identify and report signs of union strike campaigns and employee/union unfair labor practices. * Organize and train managers to take the place of workers. * Identify and arrange for contingent workers if using replacement workers is legal. * Educating managers and supervisors about what they can and cannot do, thus helping avoid unfair labor practices.

Question 80

Unfair labor practice (ULP)

Answer 80

* Violation of employee rights * Act prohibited under labor relations statutes * Can occur with or without the presence of a union

Question 81

Employer ULPs

Answer 81

* Interfering with employee's right to join a union * Descriminating among workers based on union membership * Refrusing to bargain with recognized union or provide ifnormation materials to negotiations * Refrusing to enforce contract provisions * Controlling or interveaning in union operations

Question 82

Employee/Union ULPs

Answer 82

* Conspiring with employers to discriminate against employees on basis of union membership * Interfearing with freedom of speach or coercing or fining employees * Failing to respond to member complaints * Refrusing to bargin in good faith * Requiring unreasonable or discriminatory membership fees * Directing prohibited work actions

Question 83

Disputes are driven by different

Answer 83

* Opinions about the work * Personal differences * Offensive behaviors * Employers

Question 84

Multicultural conflict resolution

Answer 84

* Differ in appetites and tolerances of conflict * How conflict is acknowledged and resolved

Question 85

Dispute Resolutions Steps

Answer 85

1. Informal meeting of the employee or employees with immediate manager 1. If resolved – manager clarifies key points and get employee agreement 2. If not resolved – manager explains next steps 2. Formal letting: could be with higher level management or internal dispute resolution body such as panel of peers. Meeting is private and confirms facts 1. May conclude with resolution or commitment to further investigation or additional resolution processes 3. Communicate o employee the results of any investigation and management decision. 1. If employee is not satisfied – escalate to next level management or dispute resolution by neutral third party

Question 86

Retaliation

Answer 86

* When an employer, employment agency, or labor organization takes an adverse action against an employee—often as a result of a conflict or complaint. * Can be form of unlawful discrimination

Question 87

How to prevent retaliation

Answer 87

* Have a strong antiretaliation policy * Inform employees about the process for reporting alleged retaliation * Train managers on retaliation * Remind supervisors of organization’s policy * Monitor treatment of employees * Investigate allegations and take corrective action if necessary

Question 88

Steps to conduct investigations

Answer 88

1. Ensure confidentiality 2. Provide protection 3. Select the investigator 4. Create a plan 5. Develop interview questions 6. Conduct interviews 7. Make a decision 8. Close the investigation 9. Develop written summary of investigation results

Question 89

How to select an investigator for an investigation

Answer 89

* Can be internal or external * Should be have experience and knowledge of the law

Question 90

How to close the investigation

Answer 90

* Communicate decision to the complainant and accused * Ensure complainant is comfortable to return to work * Take steps to ensure situation will not occur again

Question 91

Written summary of investigation results

Answer 91

* Investagatory actions taken and what information was collected * Conclusion with employer actions

Question 92

Alternative dispute resolution (ADR)

Answer 92

Umbrella term for the various approaches and techniques, other than litigation, that can be used to resolve a dispute.

Question 93

Forms of ADR

Answer 93

* Open-door policy * Ombudsperson * Single designated officer * Chosen officer * Peer review * Mediation * Arbitration

Question 94

Some employers require employees to agree in writing what type of mediation as condition of employment

Answer 94

* Mediation * Arbitration

Question 95

Open-door policy

Answer 95

* Simplest form of ADR * Encourages employees to meet with an immediate supervisor or manager to discuss workplace problems * Sometimes allows employees to approach anyone in the chain of command. * Seen as preemptive or preventive ADR

Question 96

Ombudsperson

Answer 96

* Neutral third party (inside or outside the organization) to investigate employee complaints confidentially and help mediate disputes. * They may draw an opinion and bring the dispute before management but is usually not empowered to settle grievances. * They may advance unresolved disputes to other forms of ADR.

Question 97

Single designated officer

Answer 97

* Identifies a specific individual chosen by senior management to conduct investigations and dispute resolution. * The credibility of this individual may depend on the credibility of management.

Question 98

Chosen officer

Answer 98

* Permits an employee to select an arbitrator from a group of individuals. * Allows employees to feel some control over their futures.

Question 99

Peer review

Answer 99

* A panel of employees (or employees and managers) trained to work together to hear and resolve employee complaints. * Panel may be led by an HR professional. * May not change organization policy but sometimes may recommend changes to policy. * Sometimes limited to suspensions and discharges.

Question 100

Mediation

Answer 100

* Uses a neutral third person trained in mediation techniques to help both sides assess the strengths and weaknesses of their positions. * Goal is to negotiate a mutually acceptable, voluntary settlement. * Mediator acts more as a facilitator of agreement than as a judge making a decision. * A settlement cannot be imposed on either side.

Question 101

Arbitration

Answer 101

* Submits disputes to one or more impartial persons who listen to both sides and make a final determination. * May be binding (parties agree to be bound by the arbitrator’s decision) or nonbinding (parties may seek other means of resolution, including litigation).

Question 102

Employers when disciplining should

Answer 102

* Produce good evidence of employee’s fault or negligence * Give employee fair opportunity to present their side * Determine penalty for the offence * Impose consistent discipline * Keep HR review of all material/serious disciplinary action to ensure it is consistent and does not violate union contracts or laws

Question 103

How to prevent disciplinary situations

Answer 103

* Review codes of conduct before implementing them * Set clear expectations * Behave consistently * Establish a climate of communication * Maintain an open-door policy

Question 104

Tests of Due Process in Disciplining Employees

Answer 104

* Employee is informed of expectations and the process and consequences of not meeting the expectations * Disciplinary actions are consistent and predictable * Employer decision is based on factual evidence * Employee has right to question evidence and defend themselves * Employee has right to appeal disciplinary decision * Constructive discipline process is used * Employee is considered an individual

Question 105

Constructive discipline

Answer 105

* Also called progressive discipline * Form of corrective discipline that implements increasingly severe penalties for employees * Gives employees second chance to align behavior to organization’s expectations

Question 106

Constructive discipline types of punishment

Answer 106

* Positive punishment or added requirement (ex: counseling for anger management) * Negative punishment or removal of valued stimulus (ex: withholding promotion or pay) * Extinction – eliminate behavior by never rewarding it

Question 107

Constructive discipline process steps

Answer 107

1. Verbal counseling, problem-solving, and open dialogue 2. First formal warning 3. Second warning 4. Final warning 5. Discharge or termination

Question 108

Verbal counseling, problem-solving, and open dialogue step in constructive discipline

Answer 108

* Discussion ASAP after becoming aware of the problem * Goal to resolve problem before it worsens

Question 109

First formal warning step in constructive discipline

Answer 109

* Made orally or written * Manager sets clear expectations of behavior * Done in private * Specific about performance issue and what needs to be done to correct

Question 110

Second warning step in constructive discipline

Answer 110

* If employee fails to correct behavior or commits another infraction * Step is optional * If first warning was oral – this should be written * Both problem and solution needs to be described in specific objective terms * Professional tone * May put employee on probation * Copy of this warning with employee signature should be in personnel file

Question 111

Final warning step in constructive discipline

Answer 111

* Include deadline for improvement * Disciplinary time/suspension should be without pay * Clearly states continuation of documented issue(s) will lead to termination * Employee signs form acknowledging they read and understand terms of written warning

Question 112

Discharge or termination step in constructive discipline

Answer 112

* Last resort * Used for repeated occurrences

Question 113

When terminating an employee for discipline reasons

Answer 113

* Never terminate on the spot * Ensure investigation is complete, through and well documented * Conduct employee interviews * Do not delay * Conduct final filter review and review investigatior’s findings and recommendations * Pinpoint basis of discharge * Inform employee in person * Be alert to possible reactions

Question 114

HR's Role in the Disciplinary Process

Answer 114

* Ensure that the organization’s code of conduct reflects the organization’s values and complies with applicable laws and that the code is publicized adequately throughout the organization. * Involve local HR in identifying local issues to be addressed in the code because of local laws or customs. * Ensure training of all managers and supervisors—the key players in ensuring effective, appropriate, fair, and consistent discipline. * Monitor compliance with policy and local practices.