1. Human Resource Management 10th Edition Chapter 13 INTERNAL EMPLOYEE RELATIONS
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2. HRM in Action: Continuous Background Checking
Not just for pre-employment any more
Few employers are screening their employees on an ongoing basis
People and events are ever-changing
Examples: Financial devastation, marital collapse or a medical crisis can send a person with the cleanest record over the edge
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3. Internal Employees Relations Defined
Human resource activities associated with movement of employees within firm after they become organizational members
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4. Internal Employees Relations Activities
Promotion
Transfer
Demotion
Resignation
Discharge
Layoff
Retirement
Discipline
Disciplinary action
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5. Employment at Will
Unwritten contract created when employee agrees to work for employer
No agreement as to how long parties expect employment to last
Approximately 2 of every 3 U.S. workers depend almost entirely on continued goodwill of employer
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6. Not Included
Individuals with a contract for a specified time period - collective bargaining agreements between labor and management and teachers
Whistleblowers
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7. Exceptions to Employment-at-Will Doctrine
Prohibiting terminations in violation of public policy
Permitting employees to bring claims based on representations made in employment handbooks
Permitting claims based on the common-law doctrine of good faith and fair dealing
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8. How Employers Can Protect Themselves
No statements suggesting job security or permanent employment
Avoiding statements during job interviews, such as “You can expect to hold this job as long as you want” - Could be considered a contractual agreement
A person should not be employed without a signed acknowledgment of the at-will disclaimer
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9. How Employers Can Protect Themselves (Cont.)
Clearly defining worker’s duties
Providing good feedback on a regular basis
Conducting realistic performance appraisals on a regular basis
There is no law involving ethical considerations for employment-at-will
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10. Discipline and Disciplinary Action
Discipline - State of employee self-control and orderly conduct
Disciplinary action -Invokes penalty against employee who fails to meet established standards
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11. Effective Disciplinary Action
Addresses employee’s wrongful behavior, not employee as a person
Should not be applied haphazardly
Not usually management’s initial response to a problem
Normally, there are more positive ways of convincing employees to adhere to company policies
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12. The Disciplinary Action Process
EXTERNAL ENVIRONMENT
INTERNAL ENVIRONMENT
Set Organizational Goals
Establish Rules
Communicate Rules to Employees
Observe Performance
Compare Performance with Rules
Take Appropriate Disciplinary Action
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13. Disciplinary Action Word discipline comes from word disciple
Translated from Latin, it means, to teach
Intent of disciplinary action should be to ensure recipient sees disciplinary action as learning process
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14. Approaches to Disciplinary Action
Hot stove rule
Progressive disciplinary action
Disciplinary action without punishment
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15. Hot Stove Rule Burns immediately Provides warning
Gives consistent punishment
Burns impersonally
Problem - All situations are not the same
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16. Progressive Disciplinary Action
Ensure minimum penalty appropriate to offense is imposed
Model developed in response to National Labor Relations Act (NLRA) of 1935
Involves answering series of questions about severity of offense
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17. The Progressive Disciplinary Approach
Improper Behavior
Yes
Does this violation warrant disciplinary actions? No
No Disciplinary Action
Yes
Does this violation warrant more than an oral warning? No
Oral Warning
Yes
Does this violation warrant more than a written warning? No
Written Warning
Yes
Does this violation warrant more than a suspension? No
Suspension
Yes
Termination
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18. Suggested Guidelines for Disciplinary Action
Offenses Requiring First, an Oral Warning; Second, a Written Warning; and Third, Termination
Negligence in the performance of duties Unauthorized absence from job Inefficiency in the performance of job
Offenses Requiring a Written Warning; and Then Termination
Sleeping on the job Failure to report to work one of two days in a row without notification Negligent use of property
Offenses Requiring Immediate Termination
Theft Fighting on the job Falsifying time cards Failure to report to work three days in a row without notification
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19. Disciplinary Action without Punishment
Process of giving worker time off with pay to think about whether he or she wants to follow the rules and continue working for company
Employee violates rule, manager issues oral reminder
Repetition brings written reminder
Third violation: Worker takes 1, 2 or 3 days off (with pay) to think about situation
Important all rules explicitly stated in writing
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20. Problems in Administration of Disciplinary Action
Lack of training
Fear
The only one
Guilt
Loss of friendship
Time loss
Loss of temper
Rationalization
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21. Disciplinary Action Advice
Managers often avoid disciplinary action, even when it is in company’s best interest
Some managers believe that even attempting to terminate women and minorities is useless
Proper time and place to administer disciplinary action
Many supervisors may be too lenient early in disciplinary action process and too strict later
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22. Grievance Handling Under Collective Bargaining Agreement
Grievance - Employee’s dissatisfaction or feeling of personal injustice relating to employment
Grievance procedure - Formal, systematic process that permits employees to express complaints without jeopardizing their jobs
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23. Grievance Procedure
Assists management in seeking out underlying causes of and solutions to grievances
Virtually all labor agreements include some form of grievance procedure
Normally well defined
Usually restricted to violations of terms and conditions of agreement
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24. General Principles for Effective Grievance Administration
Grievances should be adjusted promptly.
Procedures and forms used for airing grievances must be easy to utilize and well understood by employees and their supervisors.
Direct and timely avenues of appeal from rulings of line supervision must exist
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25. A Multiple-Step Grievance Procedure
Arbitrator
To Impartial Third Party
President, Vice President for Labor Relations, etc.
International Representative, Local President, etc.
Plant Manager, Personnel Manager, etc.
Grievance Committee, Business Agent, etc.
Grievance in Writing
First-Line Supervisor
Union Steward
Oral Presentation
Aggrieved Employee
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26. Arbitration
Parties submit dispute to impartial third party for binding resolution
Final step in most grievance procedures
Union and company select arbitrator
Courts will generally enforce arbitrator’s decision
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27. Factors Arbitrator May Use to Evaluate Fairness of Managements Actions
Nature of offense
Due process and procedural correctness
Double jeopardy
Past record of grievant
Length of service with company
Knowledge of rules
Warnings
Lax enforcement of rules
Discriminatory treatment
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28. Formats of Written Warnings
Statement of facts concerning offense
Identification of rule that was violated
Statement of what resulted or could have resulted because of violation
Identification of any previous similar violations by same individual
Statement of possible future consequences should violation occur again
Signature and date
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29. Example of a Written Warning
Date: August 1, 2007
To: Judy Bandy
From: Wayne Sanders
Subject: Written Warning
We are quite concerned because today you were thirty minutes late to work and offered no justification for this. According to our records, a similar offense occurred on July 25, At that time, you were informed that failure to report to work on time is unacceptable. I am, therefore, notifying you in writing that you must report to work on time.
Please sign this form to indicate that you have read and understand this warning. Signing is not an indication of agreement.
Name
Date
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30. Grievance Handling in Union-free Organizations
Most large and medium sized nonunion firms have established formal grievance procedures
Means of resolving complaints varies
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31. Trends & Innovations: Alternative Dispute Resolution
Procedure where employee and company agree problems will be addressed by agreed upon means ahead of time
Arbitration, mediation, mini-trials, and ombudspersons used
Uses range from racial, gender, and age discrimination to unfair firings
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32. Trends & Innovations: Alternative Dispute Resolution (Cont.)
Presidential EO requires federal agencies to (1) promote greater use of mediation, arbitration, early neutral evaluation, agency ombudspersons, and other alternative dispute resolution techniques, and (2) promote greater use of negotiated rulemaking
Circuit City v Adams - Greatly enhanced employer’s ability to enforce compulsory alternative dispute resolution agreements
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33. Ombudspersons
Complaint officer with access to top management hears employee complaints, investigates, and recommends appropriate action
Impartial, neutral counselors give employees confidential advice about problems ranging from abusive managers to allegations of illegal corporate activity
Typically independent of line management and reports near or at top of organization
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34. Termination Most severe penalty; should be most carefully considered
Termination of nonmanagerial/ nonprofessional employees
Termination of executives
Termination of middle- and lower-level managers and professionals
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35. Termination of Nonmanagerial/Nonprofessional Employees
If firm unionized, termination procedure well defined in labor agreement
Non-Union workers can generally be terminated more easily
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36. Termination of Executives
Economic
Reorganization/downsize
Philosophical differences
Decline in productivity
No formal appeals procedure
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37. Termination of Middle- and Lower-Level Managers and Professionals
In past, most vulnerable and neglected group with regard to termination
Not members of union nor protected by labor agreement
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38. Demotion as Alternative to Termination
Demotions used as alternative to discharge
Demotion is process of moving worker to lower level of duties and responsibilities, usually involving reduction in pay
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39. Transfers Lateral movement of worker within organization
Should not imply that person is being either promoted or demoted
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40. Transfers Serve Several Purposes
Necessary to reorganize
Make positions available in primary promotion channels
Satisfy employees’ personal desires
Deal with personality clashes
Becoming necessary to have wide variety of experiences before achieving promotion
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41. Promotion Movement to higher level in company
One of the most emotionally charged words in human resource management
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42. Resignation Exit interview Advance notice of resignation
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43. Analyzing Voluntary Resignations
Exit interview - Means of revealing real reasons employees leave jobs which is conducted before employee departs company
Postexit questionnaire - Sent to former employees several weeks after leave organization to determine real reason the employee left.
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44. Attitude Surveys: Means of Retaining Quality Employees
Seek employee input to determine feeling about such topics as:
Work environment
Opportunities for advancement
Firm’s compensation system
Their supervisor
Training and development opportunities
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45. Advance Notice of Resignation
Would like 2 weeks
Communicate policy to all employees
May pay employee for notice time and ask him/her to leave immediately
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46. Retirement
Many long-term employees leave organization through retirement
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47. A Global Perspective: Getting Information to Support Disciplinary Action
Multinational companies face significant challenges when they try to encourage whistle-blowing across a wide variety of cultures
Number of cultural factors that discourage international employees from reporting misconduct
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48. © 2008 by Prentice Hall