employee relations 2

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Employee Relations is the HR function responsible for issues resolution on a wide range of subjects, interacting with employees at all levels within an organization. Employee Relations is normally the first HR contact on day-to-day employee issues and seeks to resolve matters quickly, effectively and preventing escalation or potential liability for the organization. Employee Relations provides counseling and coaching to supervision and management to support resolution of issues by first line supervision whenever possible. Employee Relations contributes significantly to maintaining rapport between employees and the employer. Employee Relations responsibilities may include settling disputes between an employee, manager, workgroup, department, or other employee. The employee relations representative may also act as a mediator in a dispute or interpret laws and rules governing a dispute and try to resolve the dispute to the satisfaction of both parties. Employee Relations also deals with disciplinary issues, absenteeism, harassment, communication policies, health issues, and safety issues and may be the first contact on any HR or organizational subject. Employee Relations also has a key role in evaluating trends and patterns suggested by the types of issues occurring and in developing and recommending strategic approaches to minimize where practical. Employee Relations plays an important role in change management, contributing to the development of strategy

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Page 1: Employee Relations 2

Employee Relations is the HR function responsible for issues resolution on a wide range of

subjects, interacting with employees at all levels within an organization. Employee Relations is

normally the first HR contact on day-to-day employee issues and seeks to resolve matters

quickly, effectively and preventing escalation or potential liability for the organization.

Employee Relations provides counseling and coaching to supervision and management to

support resolution of issues by first line supervision whenever possible. Employee Relations

contributes significantly to maintaining rapport between employees and the employer.

Employee Relations responsibilities may include settling disputes between an employee,

manager, workgroup, department, or other employee. The employee relations representative may

also act as a mediator in a dispute or interpret laws and rules governing a dispute and try to

resolve the dispute to the satisfaction of both parties. Employee Relations also deals with

disciplinary issues, absenteeism, harassment, communication policies, health issues, and safety

issues and may be the first contact on any HR or organizational subject.

Employee Relations also has a key role in evaluating trends and patterns suggested by the types

of issues occurring and in developing and recommending strategic approaches to minimize

where practical. Employee Relations plays an important role in change management,

contributing to the development of strategy and particularly in the implementation of change and

effective handling of related employee issues and reactions.

Page 2: Employee Relations 2

1. Explain the unitary and pluralistic frames of reference. To talk of a unitary frame of reference is to refer to a way of thinking: a mind-set of

assumptions, attitudes, values and practices relating to management and organizational

membership. A core assumption of many (unitary) managerial approaches are that

management and staff, indeed all members of the organisation, shares the same

objectives, interests and purposes. Thus we naturally and "should" work together, hand-

in-hand, as one - striving towards shared, mutual goals. 

In a organization that "culturally" and through the language used to influence and bind

people together as a family, community or unit we assume: 

1. acceptance and co-operative attitudes and values 

2. Those who disagree are outsiders, unreasonable and recalcitrant. 

3. In our language we use key words and phrases - signs and signifiers - that emphasize

“working together here as a team. We all want the business to achieve its purpose."

In Pluralism, the organization is perceived as being made up of powerful and divergent

sub-groups, each with its own legitimate loyalties and with their own set of objectives

and leaders. In particular, the two predominant sub-groups in the unitary perspective are

the management and trade unions.

Consequently, the role of management would lean less towards enforcing and controlling

and more toward persuasion and co-ordination. Trade unions are deemed as legitimate

representatives of employees; conflict is dealt by collective bargaining and is viewed not

necessarily as a bad thing and, if managed, could in fact be channeled towards evolution

and positive change.

Page 3: Employee Relations 2

2. Assess how changes in trade unionism have affected employee relations.

Trade unions are organizations that represent people at work. Their purpose is to protect and

improve people's pay and conditions of employment. They also campaign for laws and policies

which will benefit working people.

Trade unions exist because an individual worker has very little power to influence decisions that

are made about his or her job. By joining together with other workers, there is more chance of

having a voice and influence.

Trade unions recognize that organizations must be competitive in the global markets if they are

to be successful and provide secure employment for employees. The agenda for trade unions in

the 1990s is working in partnership with employers to improve businesses and services.

 

Trade unions have an important role in:

improving communication between employees and managers so that employees can

understand and be committed to the organization’s objectives

negotiating improvements to pay and working conditions so that people feel more

satisfaction at work and stay longer in their jobs

encouraging companies to invest in training and development so that employees have the

skills necessary for improved products and services

acting as a positive force for change - by winning employees' support to the introduction

of new technologies and work organization

Britain's most successful companies are ones where unions are recognized. 44 of the Financial

Times Top 50 companies recognize trade unions.

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3. Explain the role of the main players in employee relations.

There are three major players in employee relations. They are,

o Management.

o Management organization.

o Employee organization. &

o State agencies.

Their roles are described below,

Management :

The team leader or the manager plays an important role in promoting healthy relation at

workplace:

It is essential that the supervisor assigns challenging tasks to his team member as per his

specialization and interest. The individual should have interest in the work; otherwise he

would treat it as a burden and unnecessarily crib about things. It is important that the team

leader understands his team members well. Try to find out their interests and what all they

expect from the organization. While developing their KRAs it is always better if the team

leader calls everyone and invites suggestions from them. Let them decide what best they can

perform. This way the employees would never blame each other or their superior later as

they themselves have decided on the roles and responsibilities. Encourage them to willingly

accept the challenge. They would strive hard for a better output without fighting and finding

faults in each other.

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Management organization:

The role played by the employee relations manager is crucial in negotiating with the trade

unions. He collects the information for the management for collective bargaining. His expertise

on the labor laws and the economic conditions, and his personal relationship with the work force

can help in avoiding unnecessary and costly litigations, strikes and other industrial unrests. As

many companies in India do not have labor unions, the employee relations manager is the

connecting link who passes the employee suggestions and needs to the management. 

State agencies:

Government agencies, unions, and attorneys get full coverage of the latest developments in

employee relations at federal, state, and local levels—plus valuable lead time for better planning

with Government Employee Relations Report.

Roles are as follows,

Be prepared for changes in policies, plans, and operations with complete coverage of

current public-sector employment, personnel, and labor relations developments.

Assess the impact of new legislative, regulatory, and legal developments on the

government workforce. Have the information you need to make important business

decisions and steer clear of litigation.

Read about events as they happen. Stay ahead of the latest memos and policy guides

published at federal or state headquarters — otherwise often late or slow in arriving.

Receive sound guidance. Learn how other government employee relations and legal

professionals handle situations similar to yours.

Lighten the load. Periodic indexes, special reports, calendar of events, and other extras

make your job easier.

Gain new perspectives from BNA Insights by nationally prominent practitioners,

exclusive interviews with public officials and union leaders, and coverage of conferences

and seminars.

Page 6: Employee Relations 2

Review federal, state, and local decisions by courts, administrative agencies, and

arbitrators affecting government employees, including summaries of Merit Systems

Protection Board and Federal Labor Relations Authority rulings.

Be aware of recent collective bargaining settlements involving municipal, county, and

state employees. A collective bargaining roundup covers public safety employees,

teachers, transit workers, health care workers, and other employee groups for those who

need to know salary and benefit trends for bargaining purposes.

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4. Explain the procedures an organization should follow when dealing with different

conflict situations.

Responding to Violent Incidents:

Occupant Emergency Plan

Emergency Response Team

Plans and Procedures for Recovering From a Workplace Violence

Emergency

Evaluation

Employee Assistance Program

Equal Employment Opportunity Commission Guidelines

Occupant Emergency Plan

Every USDA office or facility should distribute to each employee a viable occupant

emergency plan outlining procedures to follow in the event of fire, bomb threats, civil

demonstrations, threats of violence both inside and outside the office, natural disasters,

etc.

If you do not have a copy of the current occupant emergency plan for your facility,

contact your supervisor, the agency safety and health officer, or the facility security

office.

In the event of an emergency, refer to the phone numbers of security, police, and medical

service in your facility occupant emergency plan.

For handy reference, you may wish to write down the numbers of emergency services in

your area in the portion provided on the first page (or inside the front cover, or on the

back cover depending on the design) of this pamphlet.

Page 8: Employee Relations 2

Emergency Response Team

A traumatic or emergency response team goes into action once a situation of violence has

occurred. The team usually consists of many of the same individuals who make up the

threat assessment team but their purpose is to deal with the actual violent situation and its

aftermath as well as to take steps to prevent similar future occurrences. A representative

of the public affairs staff may also be a member of this team in order to deal with any

release of information to the public.

The team assists management and employees by serving as a resource and information

source in regard to workplace violence concerns; shares information with employees so

that they are involved; responds, as needed, to incidents; assists with attempts to de-

escalate and manage the situation; facilitates and coordinates response action to ensure

that appropriate follow-up action is taken (investigations, victim assistance, preventive

and corrective actions); coordinates with the media; and addresses administrative issues.

Plans and Procedures for Recovering From a Workplace Violence Emergency

This is a very crucial step in an agency’s program. Although the hope is that violence will

not occur, if it does, agencies must be prepared to deal with the situation, to help in the

healing process, and to get the workforce back to productivity.

Following a violent incident, employees experience three stages of “crisis reactions” to

varying degrees:

Stage One. In this stage, the employee experiences emotional reactions characterized by

shock, disbelief, denial, or numbness. Physically, the employee experiences shock or a

fight-or- flight survival reaction in which the heart rate increases, perceptual senses

become heightened or distorted, and adrenaline levels increase to meet a real or perceived

threat.

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Stage Two. This is the “impact” stage where the employee may feel a variety of intense

emotion, including anger, rage, fear, terror, grief, sorrow, confusion, helplessness, guilt,

depression, or withdrawal. This stage may last a few days, a few weeks, or a few months.

Stage Three. This is the “reconciliation stage” in which the employee tries to make sense

out of the event, understand its impact, and through trial and error, reach closure of the

event so it does not interfere with his or her ability to function and grow. This stage may

be a long-term process.

While it is difficult to predict how an incident will affect a given individual, several

factors influence the intensity of trauma. These factors include the duration of the event,

the amount of terror or horror the victim experienced, the sense of personal control (or

lack thereof) the employee had during the incident, and the amount of injury or loss the

victim experienced (i.e., loss of property, self-esteem, physical well-being, etc.). Other

variables include the person’s previous victimization experiences, recent losses such as

the death of a family member, and other intense stresses.

Evaluation

Agencies should have in place a mechanism to evaluate what took place to determine if

everything was done that could have been done to have prevented the incident and what

can be done to prevent it from happening again. The threat assessment and emergency

response teams should be part of this process.

Employee Assistance Program

EAP counselors should not be the first to intervene in situations which are hostile or

dangerous. In those situations, law enforcement personnel should be the first to intervene.

In the event of a violent incident, the EAP can advise management of the best ways to

help employees cope with the emotional impact of the incident.

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Equal Employment Opportunity Commission Guidelines

The Equal Employment Opportunity Commission (EEOC) has issued guidelines that

address potentially violent misconduct by employees with psychiatric and other

disabilities. Agencies may discipline an employee with a disability who has violated a

written or non-written rule that is job related and consistent with business necessity, as

long as the agency would impose the same discipline on an employee without a

disability.

An agency is never required to excuse past misconduct as a reasonable accommodation.

A reasonable accommodation is a change to the workplace that helps an employee

perform his or her job and may be required, along with discipline, when the discipline is

less than removal. The servicing human resources management office can provide

assistance to supervisors on determining proper reasonable accommodation.

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5. Explain the key features of employee relations in a selected conflict

situation.

Here are 11 of the most common workplace conflicts.

1.  Communication misunderstandings  

 2.  Personality differences and clashes   

 3.  Differences in goals and objectives   

 4.  Substandard job performance    

 

 5.  Differences over procedures or methods to be used

 6.  Lack of clearly defined areas of responsibility

 7.  Lack of employee cooperation

 8.  Problems related to areas of authority

 9.  Frustration with people and or resources

10.  Competition for limited resources

11. Non-compliance with rules and policies

The key features of employee relations in conflict situation are,

1. Let people tell their story. When people are deeply upset about something, they need to get

their story out. This is a basic principle of mediation and one that’s important to remember.

Yes, allowing people to speak their minds can increase the level of conflict with which you must

deal. That’s OK. You have to get through the conflict phase to find the solution. 

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2. Bring a reality check to the table. Often in a conflict, the parties are so focused on minutiae

that they lose sight of the big picture and its implications. As the mediator, you need to bring

people back to reality by wrenching their attention away from the grain of sand and having them

focus on the whole beach. Doing so may help resolution arrive at a startling speed.

3. Identify the true impediment. In every conflict, ask yourself: What is the true motivating

factor here? What is really keeping this person from agreeing to a solution? 

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6. Evaluate the effectiveness of procedures used in a selected conflict situation.

In today's complex society we all deal with conflict in our daily lives - at home, work, school, in

personal and business relations. Most of us would prefer to have our conflicts resolved fairly

without violence or animosity. We would like our differences settled at the least cost and stress

to ourselves, families, jobs or businesses. 

What Are Your Options: We are all familiar with the most traditional dispute resolution process

of our civil justice system - litigation and trial with a judge or jury deciding who is right or

wrong - where someone wins and someone loses. 

There are really many more options available to you for problem solving and resolving disputes.

Negotiation, mediation and arbitration - often called ADR or in alternative dispute resolution -

are the most well-known. 

Whether you are involved in a family or neighborhood dispute or a lawsuit involving thousands

of dollars, these processes should be considered. They are often the more appropriate methods of

dispute resolution and can result in a fair, just, reasonable answer for both you and the other

party -- a win-win solution.

Settlement and compromise have long been favored in the legal system. In fact, most cases that

are filed in a court do settle. Only 5% of all cases filed go to trial. These ADR procedures are

excellent options for you in dealing with controversy, allowing you to reach resolution earlier

and with less expense than traditional litigation. In fact, many courts require parties to consider

some form of ADR before going to trial. 

When communications break down, differences increase and conflicts arise. Knowing generally

what all your options are, when they are used and how they can help you goes a long way toward

getting your dispute resolved and giving you a satisfactory result. The following processes

describe ways you can resolve disputes. 

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NEGOTIATION 

Negotiation is the most basic means of settling our differences. It is back-and-forth

communication between the parties to the conflict with the goal of trying to find a solution. 

The Process: You may negotiate directly with the other person. You may hire an attorney to

negotiate directly with the other side on your behalf. There are no specific procedures to follow -

you can determine your own - but it works best if all parties agree to remain calm and not talk at

the same time. Depending on your situation, you can negotiate in the board room of a big

company, in an office or even in your own living room. 

Negotiation allows you to participate directly in decisions that affect you. In the most successful

negotiations, you are trying to get what is best for you while considering the needs and interests

of the other side. A negotiated agreement can become a contract and be enforceable.

When and How Negotiation Is Used: Most people negotiate every day - with children about

doing homework, with a neighbor about the location of a fence, with a boss about a raise, or with

a business about buying their product. In some circumstances you may want the help of a lawyer

to help you negotiate a fair deal. Negotiation is certainly the first method of choice for problem

solving and trying to reach a mutually acceptable agreement. If no agreement is reached, you

may pursue any of the other options suggested here. This process can be appropriately used at

any stage of the conflict - before a lawsuit is filed, while a lawsuit is in progress, at the

conclusion of a trial, even before or after an appeal is filed. 

Characteristics of Negotiation:

Voluntary

Private and confidential

Quick and inexpensive

Informal and unstructured

Parties control the process

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Parties make their own decisions and reach their own agreements (no third party decision

maker)

Negotiated agreements can be enforceable

Can result in a win-win solution

MEDIATION

Mediation is a voluntary process in which an impartial person (the mediator) helps with

communication and promotes reconciliation between the parties which will allow them to reach a

mutually acceptable agreement. Mediation often is the the next step if negotiation proves

unsuccessful. 

The Process: The mediator manages the process and helps facilitate negotiation between the

parties. A mediator does not make a decision nor force an agreement. The parties directly

participate and are responsible for negotiating their own settlement or agreement. 

At the beginning of the mediation session, the mediator will describe the process and the ground

rules. The parties or their attorneys have an opportunity to explain their view of the dispute.

Mediation helps each side better understand the other's point of view. Sometimes the mediator

will meet separately with each side. Separate "caucusing" can help address emotional and factual

issues as well as allow time for receiving legal advice from your attorney. Mediations are

generally held in the office of the mediator or other agreed location. 

Agreements can be creative. You could reach a solution that might not be available from a court

of law. For example, if you owe someone money but don't have the cash, rather than be sued and

get a judgment against you, settlement options could include trading something you have for

something the other wants. 

If an agreement is reached, it will generally be reduced to writing. Most people uphold a

mediated agreement because they were a part of making it. It can become a contract and be

enforceable. If there is no agreement, you have not lost any of your rights and you can pursue

other options such as arbitration or going to trial. 

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When and How Mediation Is Used: When you and the other person are unable to negotiate a

resolution to your dispute by yourselves, you may seek the assistance of a mediator who will

help you and the other party explore ways of resolving your differences. You may choose to go

to mediation with or without a lawyer depending upon the type of problem you have. You may

always consult with an attorney prior to finalizing an agreement to be sure that you have made

fully informed decisions and that all your rights are protected. Sometimes mediators will suggest

that you do this. Mediation can be used in most conflicts ranging from disputes between

consumers and merchants, landlords and tenants, employers and employees, family members in

such areas as divorce, child custody and visitation rights, eldercare and probate, as well as simple

or complex business disputes or personal injury matters. Mediation can also be used at any stage

of the conflict such as facilitating settlements of a pending lawsuit.

Attorneys and other professionals provide private mediation for a fee. If you have an attorney,

you can work together to select a mediator of your choice. You may want a mediator who is

knowledgeable about the subject matter of your dispute. You may wish to use a for-fee mediator

in the first instance or if Early Settlement mediation has not resulted in a resolution of your

dispute. You may also find mediators or mediation services listed in the telephone directory or

available on lists provided by some courts or private professional organizations. When selecting

a mediator, you should always check their credentials and get references. Mediators qualified

under the District Court Mediation Act meet statutory standards of training and experience. 

Characteristics of Mediation:

Promotes communication and cooperation

Provides a basis for you to resolve disputes on your own

Voluntary, informal and flexible

Usually you can choose your own mediator

Private and confidential, avoiding public disclosure of personal or business problems

Can preserve on-going relationships - business, family

Can reduce hostility

Allows you to avoid the uncertainty, time, cost and stress of going to trial

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Allows you to make mutually acceptable agreements tailored to meet your needs

Can result in a win-win solution

ARBITRATION: 

Definition: Arbitration is the submission of a disputed matter to an impartial person (the

arbitrator) for decision. 

The Process: Arbitration is typically an out-of-court method for resolving a dispute. The

arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one

side will prevail. Unlike a trial, appeal rights are limited. 

In a more formal setting, the arbitrator will conduct a hearing where all of the parties present

evidence through documents, exhibits and testimony. The parties may agree to, in some instances

establish their own procedure, or an administrating organization may provide procedures. There

can be either one arbitrator or a panel of three arbitrators. An arbitration hearing is usually held

in offices or other meeting rooms. 

The result can be binding if all parties have previously agreed to be bound by the decision. In

that case, the right to appeal the arbitrator's decision is very limited. An arbitrator's award can be

reduced to judgment in a court and thus be enforceable. In non-binding arbitration, a decision

may become final if all parties agree to accept it or it may serve to help you evaluate the case and

be a starting point for settlement talks.

How and When Arbitration Is Used: A common use of arbitration is in the area of labor

disputes - between fire fighters and the city in wage disputes, for example. You will usually be

represented by an attorney in arbitration. 

Many contracts have clauses which require that disputes arising out of that contract be arbitrated.

You may have seen such a provision when you applied for a credit card or opened a retirement

account or other account with a stock broker. You may want to explore using this process if you

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and the other side agree that the problem needs to have someone make a decision but you do not

want the expense of going through the court process. If you agree to arbitrate or sign a contract

with an arbitration clause, you should understand that the arbitrator may make the final decision

and that you may be waiving your right to a trial in court. 

Who Provides This Service: Many attorneys, other professionals or professional associations

offer their services as arbitrators. Typically your attorney will select the arbitrator based upon the

particular type of the dispute. In complex and highly technical cases, often an arbitrator who is

knowledgeable in that field is chosen. Usually fees are charged. 

Some courts offer court-sponsored, non-binding arbitration and have specific procedural rules to

follow. 

Characteristics of Arbitration:

Can be used voluntarily

Private (unless the limited court appeal is made)

Maybe less formal and structured than going to court, depending on applicable arbitration

rules

Usually quicker and less expensive than going to court, Depending on applicable

arbitration rules

Each party will have the opportunity to present evidence and make arguments

May have a right to choose an arbitrator with specialized expertise

A decision will be made by the arbitrator which may resolve the dispute and be final

Arbitrator's award can be enforced in a court

If non-binding, you still have the right to a trial

LITIGATION (Going To Court)

Litigation is the use of the courts and civil justice system to resolve legal controversies.

The Process: Litigation is begun by filing a lawsuit in a court. Specific rules of procedure,

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discovery and presentation of evidence must be followed. The attorney for the other side will

want to take your deposition to learn more about the facts as you see them and your position in

the case. There can be a number of court appearances by you and/or your lawyer. If the parties

cannot agree how to settle the case, either the judge or a jury will decide the dispute for you

through a trial. 

A trial is a formal judicial proceeding allowing full examination and determination of all the

issues between the parties with each side presenting its case to either a jury or a judge. The

decision is made by applying the facts of the case to the applicable law. That verdict or decision

can conclude the litigation process and be enforceable; however, if appropriate, the loser can

appeal the decision to a higher court. In some cases, the losing party may have to pay the costs of

the law suit and may have to pay the other party's attorney fees. 

How and When Litigation Is Used: Our American civil justice system is one of the best in the

world. Our Constitution gives us the right to a fair trial. If you want your day in court with a

judge or jury of your peers deciding the outcome, then the pursuit of litigation and trial of the

case is for you. 

You may be in a municipal court, state district court or a federal court depending on the type of

dispute you have and where your attorney files your case or where you get sued. State court trial

judges are elected on a non-partisan ballot, though vacancies are filled through an appointment

process from highly qualified applicants. The district courts also appoint special judges, who

handle certain kinds of cases, such as small claims and divorces. These judges are selected by the

District judges from qualified applicants. Federal district judges are nominated by the President

and confirmed by the U.S. Senate. Federal magistrates are selected by the Federal district judges.

In all courts, cases are randomly assigned to the various judges. You have no choice concerning

which judge will hear your case. Juries are randomly selected from a jury wheel of licensed

drivers within each state judicial district and, in the case of federal court juries, from a jury wheel

of registered voters and driver’s license holders. 

If you cannot settle your differences through negotiation, mediation, arbitration or some other

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means, then you should pursue litigation through the courts with your lawyer.

Characteristics of Litigation:

Involuntary - a defendant must participate (no choice)

Formal and structured rules of evidence and procedure

Each party has the opportunity to present its evidence and argument and cross-examine

the other side - there are procedural safeguards

Public - court proceedings and records are open

The decision is based on the law

The decision can be final and binding

Right of appeal exists

Losing party may pay costs 

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7. Explain the role of negotiation in collective bargaining.

Collective bargaining is a process whereby trade unions, representing workers, and employers

through their representatives, treat and negotiate with a view to the conclusion of a collective

agreement or renewal thereof or the resolution of disputes.

A collective agreement is usually an agreement in writing between an employer and a union, on

behalf of workers employed by the employer. It contains provisions reflecting terms and

conditions of employment of the workers, and conferring to them their rights, privileges and

responsibilities.

Sometimes the terms “bargaining” and “negotiating” are used to describe the same process.

Theoretically, the term bargaining is probably better used to describe the economic interaction

between an employer and an employee which is finalized in the individual contract, whether

written or unwritten. When an employer hires a worker, he can demand labor, and agree on a

price for that labor. The offer, acceptance, consideration, and intention to create a legal

relationship constitute a bargain to which compliance can be sought in law.

When trade unions negotiate a collective agreement with employers, the process and the outcome

are somewhat different. In the first place, trade unions do not sell labor to employers, unlike

individual workers. Likewise, employers do not pay trade unions for work done. Trade unions

use collective bargaining as a means of setting the rules by which labor in the workplace will be

regulated and remunerated.

The process of collective bargaining is in reality a series of negotiations, diplomatic and political

maneuvers, with the influence of economics.

For the purposes of this Convention, the term “collective bargaining”  extends to all negotiations

which take place between an employer, a group of employers or one or more employers’

organizations on the one hand, and one or more workers’ organizations, on the other, for

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1. determining working conditions and terms of employment; and/ or

2. regulating relations between employers and workers; and/or

3. Regulating relations between employers or their organizations and a workers’

organization or workers’ organizations.

Trade union negotiator has to negotiate with his or her principals, the general membership, as

well as with the union’s negotiating teams, even as the negotiator negotiates with the employers.

The employers’ negotiator is often in a similar situation.

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8. Assess the impact of negotiation strategy for given situation.

First, negotiation has the advantage of settlement through dialogue and consensus rather

than through conflict and confrontation. It differs from arbitration where the solution is

based on a decision of a third party, while arrangements resulting from collective

bargaining usually represent the choice or compromise of the parties themselves.

Arbitration may displease one party because it usually involves a win/lose situation, and

sometimes it may even displease both parties.

Second, negotiation agreements often institutionalize settlement through dialogue.

For instance, a collective agreement may provide for methods by which disputes between

the parties will be settled. In that event the parties know beforehand that if they are in

disagreement there is an agreed method by which such disagreement may be resolved.

Third, negotiation is a form of participation. Both parties participate in deciding what

proportion of the 'cake' is to be shared by the parties entitled to a share. It is a form of

participation also because it involves a sharing of rule-making power between employers

and unions in areas which in earlier times were regarded as management prerogatives,

e.g. transfer, promotion, redundancy, discipline, modernization, production norms.

However, in some countries such as Singapore and Malaysia, transfers, promotions,

retrenchments, lay-offs and work assignments are excluded by law from the scope of

collective bargaining.

Fourth, negotiation agreements sometimes renounce or limit the settlement of disputes

through trade union action. Such agreements have the effect of guaranteeing industrial

peace for the duration of the agreements, either generally or more usually on matters

covered by the agreement.

Fifth, it is an essential feature in the concept of social partnership towards which labor

relations should strive. Social partnership in this context may be described as a

partnership between organized employer institutions and organized labor institutions

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designed to maintain non-confrontational processes in the settlement of disputes which

may arise between employers and employees.

Sixth, it has valuable by-products relevant to the relationship between the two parties.

For instance, a long course of successful and bona fide dealings leads to the generation of

trust. It contributes towards mutual understanding by establishing a continuing

relationship. The process, once the relationship of trust and understanding has been

established, creates an attitude of attacking problems together rather than each other.

Seventh, in societies where there is a multiplicity of unions and shifting union loyalties,

collective bargaining and consequent agreements tend to stabilize union membership. For

instance, where there is collective agreement employees are less likely to change union

affiliations frequently. This is of value also to employers who are faced with constant

changes in union membership and consequent inter-union rivalries resulting in more

disputes in the workplace than otherwise.

Eighth - perhaps most important of all - collective bargaining usually has the effect of

improving industrial relations. This improvement can be at different levels. The

continuing dialogue tends to improve relations at the workplace level between workers

and the union on the one hand and the employer on the other. It also establishes a

productive relationship between the union and the employers' organization where the

latter is involved in the negotiation process.

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9. Assess the influence of the EU on industrial democracy in the UK.

The European Union has a huge influence in industrial democracy in UK.

Many modern machines were invented.

These machines were delivered to all over the European countries.

A dramatic change in the agricultural business.

Increase in agricultural production.

Not only these but also many workers were trade among the EU countries. As a result foreign

currencies were increased.

Besides, employees’ rights and duties were the main concern for the authority.

Setting up a international labor law

Scope of protection

Contract of employment

Health and safety

Wages and working time

Child care and time off

Occupational pensions

Income tax and insurance

Civil liberties at work.

Besides, the workplace participation among the trade unions has also increased.

10. Compare methods used to gain employee participation and involvement in

the decision making process in organizations.

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When an organization truly wants to create a positive work environment that is based on high

trust, exceptional customer service, collaborative teamwork, operational excellence, and creative

problem solving, then the leadership team must begin to understand, invest in, and be responsive

to the needs of the group that represents the organization’s most valuable assets, and is also one

of its most important customers, the employees. The return on such nominal investments will

come in the form of higher levels of employee motivation, creativity, productivity, and

commitment that will move the organization forward with greater profitability. A fundamental

Total Quality Management precept is that employees must be involved and empowered.

Employee involvement means that every employee is regarded as a unique human being, not

just a part in a machine, and each employee is involved in helping the organization meet its

goals. Each employee’s input is solicited and valued by his/her management. Employees and

management recognize that each employee is involved in running the business.

Employee involvement and empowerment approaches aim at enhancing responsibility,

increasing authority, and making jobs challenging and interesting to employees, based on their

abilities and the needs of the organization. The return on such nominal investments will come in

the form of higher levels of employee motivation, creativity, productivity, and commitment.

Companies are choosing to empower people because it makes good business sense.

Employees on self-directed work teams perform all the tasks formerly done by managers.

Across the world, companies are looking for the best approach to the demands for higher quality,

the pressure of increasing global competition, the necessity to be more efficient and productive,

and the effects of rapid change. Successful companies believe that the only way to compete is

through employees who perform the tasks that produce a product or service:

• are in the best position to ensure and improve its quality

• are best able to lower costs by eliminating waste throughout the process

• are in the best position to speed up their processes by reducing cycle times

• are the ideal agents of change when they are in touch with their processes, trained through

education and experience, and empowered to act decisively.

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For people and organizations who desire a model to apply, the best I have discovered was

developed from work by Tannenbaum and Schmidt (1958) and Sadler (1970). They provide a

continuum for leadership and involvement that includes an increasing role for employees and a

decreasing role for supervisors in the decision process. The continuum includes this progression.

Tell: the supervisor makes the decision and announces it to staff. The supervisor provides

complete direction.

Sell: the supervisor makes the decision and then attempts to gain commitment from staff by

“selling” the positive aspects of the decision.

Consult: the supervisor invites input into a decision while retaining authority to make the

final decision herself.

Join: the supervisor invites employees to make the decision with the supervisor. The

supervisor considers her voice equal in the decision process.

A suggestion program, however, is no substitute for listening directly to employees about their

ideas for improvements. It’s one thing to put up a few suggestion boxes and hope for input. It’s

quite another to actively and directly solicit input from employees.

It is also a good idea to ask questions from time to time when employees are explaining their

ideas for improving an operation to assure that you understand what they are saying. Another

topic has to do with taking notes.

11. Assess the impact of human resource management on employee relations.

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Every organization wants to attract, motivate, and retain the most qualified employees and match

them to jobs for which they are best suited. Human resources, training, and labor relations

managers and specialists provide this connection. In the past, these workers performed the

administrative function of an organization, such as handling employee benefits questions or

recruiting, interviewing, and hiring new staff in accordance with policies established by top

management. Today's human resources workers manage these tasks, but, increasingly, they

consult with top executives regarding strategic planning. They have moved from behind-the-

scenes staff work to leading the company in suggesting and changing policies.

In an effort to enhance morale and productivity, limit job turnover, and help organizations

increase performance and improve results, these workers also help their companies effectively

use employee skills, provide training and development opportunities to improve those skills, and

increase employees' satisfaction with their jobs and working conditions. Although some jobs in

the human resources field require only limited contact with people outside the human resources

office, dealing with people is an important part of the job.

There are many types of human resources, training, and labor relations managers and specialists.

In a small organization, a human resources generalist may handle all aspects of human resources

work, and thus require an extensive range of knowledge. The responsibilities of human resources

generalists can vary widely, depending on their employer's needs.

In a large corporation, the director of human resources may supervise several departments, each

headed by an experienced manager who most likely specializes in one human resources activity,

such as employment and placement, compensation and benefits, training and development, or

labor relations. The director may report to a top human resources executive.

Employment and placement. Employment and placement managers supervise the

recruitment, hiring, and separation of employees. They also supervise employment,

recruitment, and placement specialists, including employment interviewers. Employment,

recruitment, and placement specialists recruit and place workers.

Recruitment specialists maintain contacts within the community and may travel

considerably, often to job fairs and college campuses, to search for promising job

applicants. Recruiters screen, interview, and occasionally test applicants. They also may

check references and extend job offers. These workers must be thoroughly familiar with

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their organization, the work that is done, and the human resources policies of their

company in order to discuss wages, working conditions and advancement opportunities

with prospective employees. They also must stay informed about equal employment

opportunity (EEO) and affirmative action guidelines and laws, such as the Americans

with Disabilities Act.

Employment interviewers-whose many job titles include human resources

consultants, human resources development specialists, and human resources coordinators

—help to match employers with qualified jobseekers. Similarly, employer relations

representatives, who usually work in government agencies or college career centers,

maintain working relationships with prospective employers and promote the use of public

employment programs and services.

Compensation, benefits, and job analysis. Compensation, benefits, and job analysis

specialists administer compensation programs for employers and may specialize in

specific areas such as pensions or position classifications. For example, job analysts,

occasionally called position classifiers, collect and examine detailed information about

job duties in order to prepare job descriptions. These descriptions explain the duties,

training and skills that each job requires. Whenever a large organization introduces a new

job or reviews existing jobs, it calls upon the expert knowledge of job analysts.

Occupational analysts research occupational classification systems and study the effects

of industry and occupational trends on worker relationships. They may serve as technical

liaisons between companies or departments, government, and labor unions.

Establishing and maintaining a firm's pay structure is the principal job

of compensation managers. Assisted by compensation analysts or specialists,

compensation managers devise ways to ensure fair and equitable pay rates. They may

participate in or purchase salary surveys to see how their firm's pay compares with others,

and they ensure that the firm's pay scale complies with changing laws and regulations. In

addition, compensation managers often oversee the compensation side of their company's

performance management system. They may design reward systems such as pay-for-

performance plans, which might include setting merit pay guidelines and bonus or

incentive pay criteria. Compensation managers also might administer executive

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compensation programs or determine commission rates and other incentives for corporate

sales staffs.

Employee assistance plan managers, also called employee welfare managers or work-

life managers, are responsible for a wide array of programs to enhance employee safety

and wellness and improve work-life balance. These may include occupational safety and

health standards and practices, health promotion and physical fitness, medical

examinations and minor health treatment, such as first aid, flexible work schedules, food

service and recreation activities, carpooling and transportation programs such as transit

subsidies, employee suggestion systems, child care and elder care, and counseling

services. Child care and elder care are increasingly significant because of growth in the

number of dual-income households and the older population. Counseling may help

employees deal with emotional disorders, alcoholism, or marital, family, consumer, legal,

and financial problems. Some employers offer career counseling and outplacement

services. In some companies, certain programs, such as those dealing with physical

security or information technology, may be coordinated in separate departments by other

managers.

Training and development. Training and development managers and specialists create,

procure, and conduct training and development programs for employees. Managers

typically supervise specialists and make budget-impacting decisions in exchange for a

reduced training portfolio. Increasingly, executives recognize that training offers a way of

developing skills, enhancing productivity and quality of work, and building worker

loyalty. Enhancing employee skills can increase individual and organizational

performance and help to achieve business results. Increasingly, executives realize that

developing the skills and knowledge of its workforce is a business imperative that can

give them a competitive edge in recruiting and retaining high quality employees and can

lead to business growth.

Other factors involved in determining whether training is needed include the complexity of the

work environment, the rapid pace of organizational and technological change, and the growing

number of jobs in fields that constantly generate new knowledge and, thus, require new skills. In

addition, advances in learning theory have provided insights into how people learn and how

training can be organized most effectively.

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Depending on the size, goals, and nature of the organization, trainers may differ considerably in

their responsibilities and in the methods they use. Training methods also vary by whether the

training predominantly is knowledge-based or skill-based or sometimes a combination of the

two. For example, much knowledge-based training is conducted in a classroom setting. Most

skill training provides some combination of hands-on instruction, demonstration, and practice at

doing something and usually is conducted on a shop floor, studio, or laboratory where trainees

gain experience and confidence. Some on-the-job training methods could apply equally to

knowledge or skill training and formal apprenticeship training programs combine classroom

training and work experience. Increasingly, training programs involve interactive Internet-based

training modules that can be downloaded for either individual or group instruction, for

dissemination to a geographically dispersed class, or to be coordinated with other multimedia

programs. These technologies allow participants to take advantage of distance learning

alternatives and to attend conferences and seminars through satellite or Internet communications

hookups, or use other computer-aided instructional technologies, such as those for the hearing-

impaired or sight-impaired.

Conclusion

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One conclusion would be that increased employee participation has the potential to create

significant increases in performance for both the individual and the organization as a whole.

From the organizational perspective there may be significant increases in financial performance

as the high costs of labor turnover are reduced as part of the increase in participation. Secondly

the organization is likely to experience a significant increase in performance with regard to its

competitive advantage as the organization will now be using its labor in potentially a more

efficient way in the form of a strategic resource as opposed to a simple cash for labor transaction.

From the individual perspective increased participation can lead to increases in performance as

firstly an improved attitude to work increases output and secondly the benefits of the individual

being able to organize their work in the way they see best contributes to work being organized in

a more efficient way.

However whist it is acknowledged that increased employee participation can contribute

significantly to increased performance it is by no means either a panacea for all organizational

ills nor is it a necessity for improving performance in all instances. One should remember that

whist some companies such as Toyota have adopted a positive attitude towards employee

participation there are still many successful companies which maintain a tradition approach

towards the division of management and employee tasks. Further more companies operating

such traditional approaches to the management of their employees are not limited the

manufacturing sector with call centers being a prime example of where the service sector has

failed to embrace increased employee participation choosing alternative methods to improve

performance.

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