MANA 3320 1st Edition Lecture 22 Outline of Last Lecture I Privacy Rights II 4 Maximum Offenses for Companies III Access to Personnel Files IV Conduct outside the Workplace V Investigative Interview Outline of Current Lecture I Due Process II Alternative Dispute Resolution ADR III Decrease in Union Membership IV Government Regulation of Labor Relations Current Lecture Due process o o An employee s right to present his or her position during a disciplinary action To know job expectations and the consequences of not fulfilling those expectations To consistent and predictable management action for the violation of rules To fair discipline based on facts to question those facts and the right to present a defense To appeal disciplinary action The right to progressive discipline Only allowed in unionized companies and in Montana Alternative Dispute Resolution o ADR Different types of employee complaint or dispute resolution procedures used to meet employees expectations for fair treatment in the workplace while guaranteeing them due process Not required by law These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute o ADR procedures 1 Step review systems Gives employees multiple opportunities to appeal System for reviewing employee complaints and disputes by successively higher level of management 2 Peer review systems A group composed of equal numbers of employee representatives and management appointees Functions as a jury since its members weigh evidence consider arguments and after deliberation vote independently to render a final decision 3 Open door policy A policy of settling grievances that identifies various levels of management above the immediate supervisor for employee contact 4 Ombudsman system Only in non unionized Ombudsman o A designated individual from whom employees may seek counsel for the resolution of their complaints o An advocate for a fair process not an advocate on behalf of individuals or the institution o Does not have the power to decide or to overrule a decision but can confidentially seek an equitable solution between the employee and the supervisor 5 Mediation Mediation o The use of an impartial neutral to reach a compromise decision in employment disputes Mediator o A third party in an employment dispute who meets with one party and then the other in order to suggest compromise solutions or to recommend concessions from each side that will lead to an agreement 6 Arbitration Arbitration o The use of an impartial neutral party as decision maker to resolve an employment labor dispute by imposing a binding final decision on all parties involved in the dispute Arbitrator o Third party neutral who resolves a labor dispute by issuing a final decision in the disagreement Only binding on the company and the union No right of appeal Can only decide on things within the contract not legal issues CH 14 The Dynamics of Labor Relations Decrease in union membership o In the 1930s unions were legalized in the private industry o In the 1940s 40 of all workers were part of a union o Today only 10 are part of a union 9 is private industry 40 is government o A shift from traditional unionized industries manufacturing mining to high tech industries computers pharmaceuticals o Growth in the employment of part time and temporary workers o Growth in small businesses in which unionization is more costly and difficult to perform o Globalization of the workplace particularly among low rage employees AFL CIO American Federation of Labor Congress of Industrial Organizations o Largest labor organization in the world o CTW formed change to win 4 unions left AFL CIO to create CTW SEIU was one of them Government Regulation of Labor Relations o 1 Railway Labor Act RLA of 1926 o Purpose of the act is to avoid service interruptions resulting from disputes between railroads and their operating unions National Mediation Board National Railway Adjustment Board Amended to include airline industry 2 Norris LaGuardia Act of 1932 o Restricts the ability of employers to obtain an injunction against unions for their lawful activities 1 Made all injuctions from the Sherman Anti Trust illegal 2 Made yellow dog contracts illegal 3 Wagner Act National Labor Relations Act Protects employee rights to organize and bargain collectively through representatives of their choice 1 Legalized unions for all industries 2 Created NLRB National Labor Relations Board 3 Defined unfair labor practices o 4 Has the power to investigate unfair labor practices and give penalties 4 Taft Hartley Act The Labor Management Relations Act Balances rights and duties of labor and management in collective bargaining by defining unfair union practices 1 Created the Federal Mediation and Conciliation Service FMCS to help resolve negotiating disputes 2 Created unfair labor practices for unions o Pg 605 606 One is featherbedding labor protects a job that no longer exists 5 Landrum Griffin Act labor Management Reporting and Disclosure Act Safeguards union member rights and prevents racketeering and other unscrupulous practices by employers and union officers