1. Procedural Justice and Ethics in Employee Relations

2. Definitions Employee relations Justice
All practices that implement the philosophy and policy of an organization with respect to employment
Justice
Maintenance or administration of what is just, often by impartial adjustment of conflicting claims or assignment of merited awards or punishment

3. Definitions: Procedural Justice
The fairness of the procedures used to make decisions; should be
Consistent across persons and over time
Free from bias
Based on accurate information
Correctable
Based on prevailing moral and ethical standards

4. Definitions: Due Process
Legal proceedings providing individuals with rights such as
Procedures adhered to
Impartial judges
Representation by counsel
Opportunity to confront and cross-examine witnesses and evidence
Ability to present proof in own defense
Protection from retaliation
These rights are provided by the constitution, but not by employers unless
Collective bargaining agreement
Legislative protections
Procedures provided by employers

5. Union Grievance Procedures
Expressed in writing
Unresolved grievances proceed to progressively higher and higher levels of management and union representation
Can culminate in voluntary, binding arbitration but most grievances are resolved before arbitration
Costing a grievance
One study found that cost was $590 per grievance
If goes to arbitration, cost to company or union may exceed $5000 each

6. Advantages to Grievance Procedures
Ensures that complaints of workers can be heard and resolved
Ensures due process and procedural justice for all parties
Very efficient and effective in resolving disputes

7. Grievances in Nonunion Companies
Since grievances work well, many nonunion companies use them
Tend to reduce lawsuits
Requirements for effectiveness
All employees must know about the procedure and how it operates
Employees must believe that no reprisals will be taken against them for using the process
Management must respond quickly and thoroughly to all grievances

8. Discipline Many managers avoid using discipline because
Ignorance of the rules
Fear of formal grievances
Fear of losing employee friendship
Failure to administer discipline appropriately can result in implied acceptance or approval of the offense
Disciplines can be useful:
Can alert marginal employee to improve low performance
May signal other employees regarding appropriate standards
If discipline is perceived as legitimate, may increase motivation, morale and performance

9. Discipline Progressive disciplines Discipline should be Oral warning
Written warning
Suspension
Dismissal
Discipline should be
Immediate
With warning
Consistent
Impersonal
Documented

10. Employment at Will
Created when an employee agrees to work for an employer with no specification of how long the parties expect the agreement to last
Exceptions to employment at will include
Federal legislation limited termination based on protected class status
Public policy exception
Employee may not be fired because s/he refuses to commit an illegal act
Implied or explicit promises
Outrageous acts, including character defamation

11. To Avoid Unjust Dismissal Charges
Recruitment practices ensure no implicit or explicit contracts exist
Applications should include a statement that describes the rights of at-will employees and employers
Interviewers should not include phrases like "lifelong employment"
Handbooks and manuals are considered contractual
Performance appraisals should be done objectively

12. Privacy and Ethical Issues
Privacy Act of 1974 provides individuals with privacy rights
Employers should periodically and systematically review record-keeping practices
Managers should
Articulate, communicate and implement fair practices and policies
Limit the amount of information collected
Provide access to employees

13. Safety & Health

14. Workers’ Compensation
Liability without fault principle
Employers contribute to fund to cover accidents
Premiums reflect the accident rate of the employer
Three types of benefits
Replacement of lost wages
Coverage of medical bills
Financial support for retraining

15. OSHA Covers any business that affects interstate commerce
Every employer has obligation to provide working conditions "free from recognized hazards" and comply with all standards under OSHA
OSHA requires logs of each injury or illness

16. OSHA Enforcement Inspection priorities:
Imminent danger to health and safety
Investigation of employee complaints
Random inspections
1100 inspectors, 5 million workplaces
Fines mandatory in cases of severe violations
Organized employees use safe working conditions as walk-out issues

17. Health and Safety Programs
Accidents arise from
Unsafe working conditions
Unsafe work behaviors
Interaction of the two

18. Developing a Safety Program
Safety policy
Loss control program
Safety budget
Safety records
Management's personal concern and good example
High-level safety officer
Reward supervisors on safety performance
Develop safety objectives to gauge performance

19. Safety Committees Composed of employees and management
Recommend and critique safety policies
Develop safety standards and ensure OSHA compliance
Provide safety training
Conduct safety inspections
Promote the theme of job safety
Feedback and incentives for safety results