1. Key topics Ch 17 & 18
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2. Key Topics The New Social Contract The Employee Rights Movement
Employment-At-Will
The Right to Due Process and Fair Treatment
Whistle Blower
Right to Privacy in the Workplace
Workplace Safety
The Right to Health in the Workplace
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3. The New Social Contract (1 of 2)
The social contract between organizations and workers continues to evolve, and is different from contracts of the past.
Today’s worker has held 11.3 jobs on average. All realize their jobs are vulnerable, and they receive a smaller portion of the economic pie.
For example, Japan’s world famous lifetime employment is gone forever and below is what’s happening now.
Japan's 'Nonregular' Workers in Focus (3:03)
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4. The New Social Contract (2 of 2)
No more permanent job security !!
“Unstable” job security and market can be another phenomenon of living Information Age
Many things are unstable because “foundation” is changing completely (e.g., automobile, insurance, and transportation industries)
What Does the Workplace of the Future Look Like ? (1:42)
Employees are and will be more mobile, less loyal, and more diverse
Many other nations work force profile will look very like USA sooner or later.
What is stable…..they always seek:
Competitive pay
Benefits
Opportunities for professional growth
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5. The Changing Social Contract
Old Social Contract
New Social Contract
Job security
Few tenure arrangements
Life careers with one employer
Few life careers; changes common
Stable positions/job assignments
Temporary project assignments
Loyalty to employer
Loyalty to self
Paternalism
Relationships far less familial
Employee sense of entitlement
Personal responsibility for one’s job future
Stable, rising income
Pay for value added
Job-related skill training
Employees in charge of own education
Focus on individual accomplishments
Focus on team building and projects
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6. The Employee Rights Movement
Public sector employees have constitutional protections.
Ideal strategy for long term employment?
E.g., become federal or state employee after private sector job
The textbook focuses on employees in the private sector,
Not subject to constitutional protections because of the concept of private property (free to use their property as they desire).
Although labor unions have been successful in improving pay, benefits and working conditions, they have not been as active in pursuing civil liberties – (e.g., labor union for Amazon Go??).
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7. The Meaning of Employee Rights
We approach the topic from the perspective of the Principle of Rights, justifiable claims that utility cannot override.
Sources of employee rights -
Statutory rights (5:05)
Collective bargaining rights (AFL-CIO)
A Right to Collective Bargaining (9:51)
Enterprise rights (refer to textbook)
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8. Technology and Globalization (1 of 1)
Two primary changes (technology and globalization) that are occurring in the workplace in terms of their importance to the growth of the employee rights movement
Technology -
It affects every business, and machines don’t demand rights.
The worker rights movement is just one more reason that an employer faced with the opportunity to replace workers with machines.
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9. Technology and Globalization (1 of 2)
Workers in other countries (especially, under or less developed) are willing to work for much less pay and expect fewer rights that American workers do.
Nike Sweatshops in under developed countries
Science and Engineering faculty in US
As firms attempt to remain competitive and profitable (one of CSRs), they use both technology and foreign workers to eliminate U.S. jobs and control fixed costs.
Our business culture (by Gov.) is not willing to support private firms as much as other countries….
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10. Employment-at-will (2:25): What is it?
Either the employer or the employee can terminate the employment contract at any time, for any reason other than discrimination.
It is being eroded because the courts are restricting the employer’s ability to fire employees through public policy exceptions, contractual exceptions, and good faith principles (breach of good faith actions).
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11. Legal Challenges to Employment-at-Will
Public policy exceptions-
Protects employees from being fired for refusal to commit crimes or for utilizing legal rights.
Implied contract exception-
Protects employees who they believe have contracts or implied contracts.
Good faith principle-
Employers may lose lawsuits to former employees if they cannot show that employees had opportunities to improve their performance before termination.
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12. Dismissing an Employee With Care
Fire employees in a private space.
Be mindful of employees’ logistics.
Preserve the employee’s dignity.
Choreograph the notification in advance.
Use transparent criteria for layoffs.
Wrongfully Terminated in California? (1:36)
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13. What NOT to do When Terminating an Employee
Don’t fire on a Friday.
Don’t say that downsizing is finished.
Don’t terminate an employee via e- mail.
Stick to the topic and avoid platitudes.
Don’t rush through the meeting.
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14. The Right to Due Process and Fair Treatment
Basic Concept of Due Process Of Law (1:09)
The right to receive an impartial review of one’s complaints and to be dealt with fairly.
E.g., supervisor refuses to recommend you for promotion
For your protection: find out whether or not there is a formalized system of due process..
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15. The Requirements of a Due Process System
It must be a procedure; it must follow rules; it must not be arbitrary.
It must be visible and well-known so that potential violators and victims are aware of it.
It must be predictably effective.
It must be institutionalized – a relatively permanent fixture in the organization.
It must be perceived as equitable.
It must be easy to use.
It must apply to all employees.
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16. ADR (Alternative Dispute Resolution)
Open-Door Policy
Hearing Procedure
The Ombudsman
The Peer Review Panel
Might be ideal than others
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17. Factors for a Successful Peer Review Panel
Be sure that people involved in the process are respected members of the organization.
Committee members should be elected rather than appointed.
They must receive training in dispute resolution, discrimination, fairness, legalities, and ethics for everyone involved.
Representatives of both employees and management should be involved in decision making.
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18. The Future of ADR (Alternative Dispute Resolution)
The use of ADR is growing because of time and cost savings over litigation.
But some employers require new hires to sign contracts waiving their right to sue their employer in favor of mandatory arbitration.
Arbitration -
A neutral party resolves a dispute between two or more parties and the resolution is binding.
Mandatory arbitration
The parties must agree to arbitration prior to any dispute occurring, and be bound.
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19. Whistle-Blower
Freedom of Speech in the Workplace: While the U.S. Constitution protects an individual's speech from government interference, this does not apply to an employer, and some forbid conflicting political views.
Whistle-Blower -
An organization member who discloses illegal, immoral, or illegitimate practices under the control of their employers, to persons or organizations that may be able to effect action.
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20. A Checklist to Follow Before Blowing the Whistle
Is there any alternative to blowing the whistle?
Does the proposed disclosure advance public interest rather than personal or political gain?
Have you thought about the outcomes of blowing the whistle for yourself and your family?
Have you identified the sources of support, both inside and outside the organization, on which you can rely during the process?
Do you have enough evidence to support your claim?
Have you identified and copied all supporting records before drawing suspicion to your concerns?
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21. Consequences of Whistle-Blowing
4800 employees reported retaliation -
64% - exclusion from decisions & work activities
62% - cold shoulder from coworkers
62% - verbal abuse from management
56% - almost lost job
55% - not given promotion or raise
51% - verbal abuse from coworkers
46% - cut in hours or pay
44% - relocated or reassigned
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22. Government Protections for Whistle-Blowers
1978 Civil Service Reform Act
Sarbanes-Oxley whistle-blower protections
Newest
Michigan Whistle-Blowers Protection Act of 1981
False Claims Act
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23. Management Responsiveness to Whistle-Blowing
Whistle-blowing occurs after normal, less dramatic channels of communication have failed. To encourage open communications -
Managers must be clear that they invite and accept suggestions.
Managers must refute assumptions and organizational myths that discourage communication.
Managers should tailor rewards so that employees share more directly in cost savings or sales increases from ideas they offer.
In reality, do not expect those three above…..
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24. Employee Stakeholders: Privacy, Safety, and Health
The global recession had shifted the balance of power from employees to employers.
Employees are more willing to accept things they don’t like for fear of losing their jobs (even in CSUB)
An employee’s right to privacy varies from state to state (CA is one of the strongest)
An employee’s concerns about safety and health on the job now includes workplace violence.
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25. Right to Privacy in the Workplace
Four major workplace privacy issues -
Collection and use of employee information in personnel files
Integrity testing
Drug testing
Monitoring of employee work, behavior, conversations, and location by electronic means.
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26. Collection & Use of Employee Information by Employers
Background checks (2:51) of applicants and current employees have become a source of concern for privacy advocates. Only the state of California limits their use significantly.
The Fair Credit Reporting Act (FCRA) applies to employer use of employee’s consumer reports, including credit reports, criminal background checks, and other information.
Figure 18-1 on page 519
The EEOC (Equal Employment Opportunity Commission) monitors employer use of background checks when discrimination occurs.
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27. Integrity Tests
The Employee Polygraph Protection Act (EPPA) of 1988 Banned most private-sector use of the lie detector.
Lie detectors may still be used by employers that provide security services, protection of nuclear facilities, shipment of toxic waste, and the like.
Many companies use question and answer integrity tests (honesty tests).
Personality tests measure maturity, extroversion, emotional stability, and the like.
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28. When to Conduct Integrity Testing?
To screen employees and applicants
To replace polygraphs
To stem employee theft
Reasons for Use
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29. Drug Testing (1 of 2)
Drug testing is an umbrella term including drug and alcohol testing, and substance abuse.
Drug use causes -
accidents and injuries
theft
a propensity to make poor decisions
deaths, injuries, ruined lives
Employers have an ethical responsibility to employees and public to provide a safe workplace, secure asset protection, and a safe place to transact business.
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30. Drug Testing (2 of 2) How Accurate Are Drug Tests? (3:48)
Arguments against drug testing –
Violates due process rights
Invades privacy rights
False positives from common foods and medicines
Ignores employee’s actual performance
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31. Guidelines for Drug Testing
Written policies, applied impartially.
Clear reasons for drug testing should be documented.
Notify employees and applicants of drug testing, the right to refuse, and the consequences of refusal.
If random testing, tell employees of the safety and security needs that justify testing.
All testing should be done uniformly and impartially.
Collection, transportation and analysis of specimens should meet legal, technical, and ethical requirements.
Qualified review of positive results prior to employer notification.
Employee or applicant should be informed and given the chance to explain before the employer is notified.
The report to employer should contain only the information needed for work placement purposes or as required for government regulations.
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32. Monitoring Employees on the Job
Employee monitoring occurs at the majority of mid- to large-sized firms.
Technology changed the pervasiveness and nature of monitoring -
Videotaping
Recording phone calls and voice mail
Reading computer files
Monitoring s and web access
GPS
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33. Effects of Employee Monitoring -
Invasion of privacy
Unfair treatment
Creates stress and tension
Excessive pressure to be productive
Produces low morale
Creates a sense of job insecurity
The Electronic Communication Privacy Act of 1986 is the only privacy protection available for electronic monitoring.
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34. Workplace Safety
The primary U.S. law governing worker safety is the Occupational Safety and Health Act.
Sets safety and health standards for workplaces.
Applies to all private employers that engage in interstate commerce.
What Causes Accidents? (4:22)
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35. The Workplace Safety Problem
Two events are forerunners of workplace safety initiatives -
The death by cyanide poisoning of an employee of Film Recovery Systems.
The poisonous gas leak at the Union Carbide Plant in Bhopal, India.
Right-to-know laws -
Many states have passed laws imposing a duty on employers to provide employees with information on the hazards of workplace chemicals and to make sure that workers understand what the information means in practical terms.
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36. OSHA’s Hazard Communication Standards
Update inventories of hazardous chemicals in the workplace.
Assemble material safety data sheets.
Ensure that hazardous chemicals are properly labeled.
Train workers on the use of hazardous chemicals.
Prepare and maintain a written description of the hazard communication program.
Consider any problems with trade secrets from the disclosure requirements.
Review state requirements for hazard disclosure.
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37. Workplace Violence -
One of the four leading causes of death in the workplace.
The leading cause of death for women.
Despite this, nearly 70% of firms do not have a program to address workplace violence.
Contributing factors:
Greater tolerance for violence
Easily available weapons
Economic stress
Difficult job market
Insufficient support systems
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38. Workplace Violence -Who is Affected?
Workers are most at risk who:
exchange money with the public.
deliver passengers, goods, or services.
work alone or in small groups.
work late at night or early morning.
work in community settings with extensive public contact.
work in high-crime areas.
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39. Prevention Employers are held liable for an unsafe act when -
OSHA’s “general duty clause” mandates that employers provide safe workplaces– is not specific to violent acts.
Employers are held liable for an unsafe act when -
The employer neglected to keep the workplace free from a hazard.
The hazard was one that is generally recognized by the employer or the industry.
The hazard was already causing or likely to cause serious harm.
Elimination or removal of the hazard was feasible.
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40. Right to Health in the Workplace
To control health care costs, firms have taken drastic steps, including banning smoking.
Smoking in the workplace -
Growing anti-smoking sentiment in the U.S. and globally
Passive smoke kills thousands in the U.S. each year
The Environmental Protection Agency (EPA) classifies second-hand smoke s a known carcinogen.
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41. The Family-Friendly Workplace
Work-Life balance -
A state of equilibrium where the demands of a person’s personal and professional life are equal.
A desirable state for most workers, but difficult in recessionary economic times.
Popular Family-friendly benefits -
Dependent care flexible spending accounts
Bring a child to work in an emergency
On-site mother’s room
Child-care referral service
Domestic partner benefits
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42. Family and Medical Leave Act
Family and Medical Leave Act (FMLA) -
Designed to make life easier for employees with family or health problems.
FMLA employee rights -
12 weeks of unpaid leave in 12-month period
Reinstatement in old or equivalent jobs
Health benefits during leave periods
Protection from retaliation
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