Employee & Labor Relations

Question 1

International Labour Organization

Answer 1

capture key issues related to employee rights. They are accepted as standards by other international groups such as the World Trade Organization and have provided models for national labor statutes. The ILO is a specialized agency of the United Nations headquartered in Geneva. It 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. The ILO membership includes governments (currently 187 member states), employers, and worker groups. Together, these constituents shape policies and programs related to four strategic objectives:

Promote rights at work.

Encourage decent employment opportunities.

Enhance social protection.

Strengthen dialogue on work-related issues.

Question 2

An organization’s employee relations (ER) strategy should include:

Answer 2

• Alignment with the organizational strategy,
• Alignment with employment laws and business practices.
• A vision describing the type of workplace culture the leaders hope to create.
• The values upon which the strategy is built
• A compliance and ethics program
• Goals
• Details of identified and agreed-upon performance measures, complete with a robust feedback mechanism.
• Initiatives for implementation (a set of action plans to achieve the organization’s goals)

Question 3

policy

Answer 3

is a broad statement that reflects an organization’s philosophy, objectives, or standards concerning a particular set of management or employee activities. Policies reflect the employer’s employee relationship strategy. They are general in nature and are expressed through more specific procedures and work rules.

Question 4

HR’s Role in Policies and Procedures

Answer 4

Supports the development of policies by the organization’s leaders.
Facilitates development of procedures by other departments.
Supports communication of policies throughout the organization.

Question 5

Briscoe, Schuler, and Claus (in the 2008 edition of International Human Resource Management)

Answer 5

identify six characteristics that HR professionals should try to identify in labor groups with whom their organizations interact:
- Level at which bargaining occurs.
- Focus of bargaining topics.
- Union penetration or density.
- Membership.
- Relationship with management.
- Role government will play.

Question 6

Employer or industry associations

Answer 6

In some countries, contracts may be negotiated at a multi-employer level. The contracts may be at an industry level (examples include steel manufacturers) or at a national level. For example, in the trucking and hospitality industries in the U.S., employers and unions may engage in industry-wide or regional negotiations on a single contract. In the construction industry, a general contractor may negotiate a project labor agreement (PLA) with multiple trade groups. A PLA requires specific contractors to accept certain conditions in project contracts, such as paying a fair wage and contributing to health insurance, pension, and training funds.

Question 7

National governments and agencies

Answer 7

To a certain extent, national governments are always a part of the labor relationship in that they legislate and regulate aspects of the employee relationship and the employers’ relationship with unions and works councils. Tripartism—a collaboration of governments, employers, and unions—is the norm in many countries. During wars, governments have stepped in to prevent disruption of critical production (for example, to prevent coal mining strikes in the U.S. during World War II). During economic crises, governments may intervene to protect employees’ social welfare, taking steps to increase hiring, encourage employers to provide some levels of employment during retrenchments, or invest in skills development.

Question 8

International groups.

Answer 8

In response to the global recession starting in 2008 to 2009, the ILO—with governments, employers, and employee groups—created a Global Jobs Pact, which issued recommendations for steps that all parties could take to meet the economic crisis. Governments could invest in jobs and provide social protections, while employers could recommit to ILO labor standards and apply flexible work arrangements, such as rotating workers into jobs.

Question 9

Local governments, nongovernmental organizations, religious institutions, and community groups.

Answer 9

These groups are usually more active at a local level, applying pressure on social justice issues and helping to support social programs during economic crises. In the Philippines, the national government includes such groups as social partners in its efforts to address employment levels. These organizations may also provide representatives to national-level task forces and arbitration groups on employee relations issues.

Question 10

industrial actions

Answer 10

from British usage, includes various forms of collective employee actions (or “concerted activities,” in U.S. parlance) taken to protest work conditions or employer actions. The term also includes employer actions taken in response to employee actions.

Question 11

lockout

Answer 11

The primary form of industrial action taken by employers is the lockout, during which the employer shuts down operations to prevent employees from working.

Question 12

Economic Grievances

Answer 12

Economic grievances arise from employees’ desire for increased wages and better benefits and working conditions. These often stem from impasses during negotiations between organized labor and employers over new contracts and extensions.

Question 13

unfair labor practice (ULP)

Answer 13

is a violation of employee rights as defined in a country’s labor statutes. In general, these rights relate to the core principles of the ILO on the right to organize and bargain collectively. However, local labor laws can define procedures for recognizing a union, conducting a union election, and the behavior of both management and labor during organizing campaigns and work actions.

Question 14

Preventing Disciplinary Situations

Answer 14

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

Question 15

Constructive discipline

Answer 15

(also called progressive discipline) is a form of corrective action that implements increasingly severe penalties. It may involve punishment, but the punishment is intended to shape behavior rather than to inflict economic, psychological, or social pain. Constructive discipline applies B. F. Skinner’s reinforcement theory of human behavior.

Question 16

Constructive Discipline Process

Answer 16

The constructive disciplinary action generally begins with the least severe response and moves to a more severe response. Systems may vary, however, in the number of steps or chances the employee receives, the use of written or verbal warnings (written documentation is valued in litigious cultures), and the time frame used to calculate the number of repeated infractions. For example, some organizations will set a time limit for a repeated infraction. If the employee does not commit an infraction again within this time period, the process is considered ended. Some systems count only a repetition of the same infraction, while others may add any infraction against work rules to the disciplinary situation. Systems may also include some mechanism for employee appeal—for example, through a panel of peers.

Question 17

the typical sequence of constructive disciplinary actions is as follows:

Answer 17

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

Question 18

To fulfill this responsibility, HR can:

Answer 18

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.

Question 19

To prevent retaliation, employers should take the following steps:

Answer 19

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

Question 20

whistleblowing

Answer 20

HR must be aware of certain workplace behaviors that are protected from disciplinary action by local law and make sure that managers and supervisors are aware of these exceptions. For example, many occupational health and safety laws specify that employees may not be disciplined for refusing to work under unsafe conditions or for reporting these conditions—referred to as whistleblowing. Whistleblowing may be seen as disloyalty meriting discharge in some cultures, but in some countries whistleblowers are protected against dismissal that is directly related to the whistleblowing activity. This should be recognized in any antiretaliation policy.

Question 21

alternative dispute resolution (ADR)

Answer 21

in some countries, uses an intermediary to create solutions and dispel conflict. This method can have varying degrees of neutrality and formality as well as complexity. In some Asian cultures, an intermediary may be chosen who knows both parties well, can hear both sides, and can gain agreement on a solution, while in other cultures the intermediary is not familiar with either party.