After reading the materials in Week 4, go to: http://nucor.com/Be sure and set your pop-up blocker to accept this site. Read this web page, as follows. It is not that long or time-consuming; I think
Introduction to Week 4 – Employee Relations (Lecture)
Agenda
Definition and relevance
Communication
Diversity
Health, Safety, & Security
Disciplinary process
Grievance process
Definition and Relevance
The role of employee relations (ER) has been defined as “analyzing, developing, implementing, administering and performing ongoing evaluation of the workplace relationship between employer and employee [and] maintain[ing] effective relationships and working conditions that balance the employer’s needs with the employees’ rights while supporting the organization’s strategic objectives” (SHRM, 2007, p. 5-1).
Additionally, Lussier and Hendon (2016) state that this HR specialty includes a “wide array of items” and “involves such things as coaching, conflict resolution, counseling, and disciplining...as needed” (pp. 20-21).
HR specialists in employee relations are involved in leadership; team-building; as well as measuring and evaluating job satisfaction, employee engagement, and employee communication (Lussier & Henson, 2016). York (2010) includes assessment of employee opinions, creation of family-friendly workplaces, and job redesign in the list of HR duties. Thus, employee relations interacts with and supports other functions within the HR system.
The scope of employee relations can differ by organization. For instance, issues related to Health, Safety, and Security (HSS) can be discussed within the employee relations context although, in some organizations and conceptual models, HSS can be a separate function. In large organizations, HSS may even be housed outside the HR department.
Although there are many facets to employee relations, our semester schedule allows us to focus on five main areas: communications, diversity, health/safety/security (HSS), plus disciplinary and grievance processes.
Communications
A major activity of the employee relations specialist is promoting effective communication: internal and external; horizontal and vertical; written, verbal, or electronic. The products often include but are not limited to: newsletters; policy and procedure manuals, HR webpages, and the employee handbook. The handbook is an important document because it should not only help employees understand what is expected but also protect the company in legal actions. A lawyer should review it for compliance.
ER specialists may also coordinate feedback mechanisms and data collection in analytical research, such as employee attitude surveys, organizational climate inventories, and employee focus groups. Arranging social events to foster good morale can also be involved.
In addition, one important facet of HR communication is the legal requirement to post information about employee rights. Those requirements can change, so HR needs a procedure to ensure that the appropriate material is used. The U.S. Department of Labor (DOL) provides information to assist organizations in identifying the posters they are legally required to display. One source to consult about federal requirements is elaws Poster Advisor. Contacts for state-required posters can be found at state departments of labor.
Diversity
“The Bureau of Labor Statistics (BLS) projects that the next 10 years will bring about an aging labor force that is growing slowly, a declining overall labor force participation rate, and more diversity in the racial and ethnic composition of the labor force” (BLS, 2013). Other types of diversity involve a variety of skill levels and life situations.
Military status is another type of diversity that requires attention. Military personnel are protected under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Its purpose is “to ensure that persons who serve or have served in the Armed Forces, Reserve, National Guard, or other uniformed Services: (1) are not disadvantaged in their civilian careers because of their service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present, or future military service.” The ESGR (Employer Support of the Guard and Reserve) arm provides support, training, and job protection for military personnel and the employers who have hired them. The ESGR is not an enforcement body, but it does provide customer and ombudsman services. (http://www.esgr.mil/USERRA/What-is-USERRA.aspx)
HR often helps the organization exceed the legal mandates studied earlier and capitalize on the advantages diversity offers while avoiding the difficulties it presents. What makes a diversity program successful?
According to Tesch and Maidment (2009), “organizations that manage diversity well can understand their markets better, increase creativity and innovation and improve problem solving” (p. 96). This reduces potential risk and improves the chances of higher ROI (return on investment). However, they posit that major problems can occur when they have not defined what diversity is or will be in their organization. This can lead to confusion and a disconnect with their strategic goals (p. 96).
SHRM (2015) suggests the following key elements and employer needs to include in a program:
Focus not only on attracting and retaining a diverse group of employees, but also on being inclusive. This includes being committed to providing all employees with challenging work as well as commitment and support in their specific jobs.
The CEO and management team provide wholehearted support for the program’s importance to the success of the business.
Start with a needs assessment and an evaluation of internal and external demographics available to feed the goals.
Evaluate policies, benefits and employee relations programs.
Perhaps conduct employee surveys and hold focus groups to solicit and determine employee opinions.
The CEO and management team sets specific goals and assesses progress periodically, including productivity, morale and retention to regularly measure the program’s success.
Include diversity and inclusion in training programs for all employees. Hold managers accountable (through incentive pay) for hiring, developing and retaining a diverse staff. It may also want to offer a mentoring program to help its diverse staff members with their career goals (p. 1).
Dobbin and Kalev (2016) caution organizations about relying on long-touted approaches that focus on command-and-control.
Strategies for controlling bias—which drive most diversity efforts—have failed spectacularly since they were introduced to promote equal opportunity. Black men have barely gained ground in corporate management since 1985. White women haven’t progressed since 2000. It isn’t that there aren’t enough educated women and minorities out there—both groups have made huge educational gains over the past two generations. The problem is that we can’t motivate people by forcing them to get with the program and punishing them if they don’t.
The numbers sum it up. Your organization will become less diverse, not more, if you require managers to go to diversity training, try to regulate their hiring and promotion decisions, and put in a legalistic grievance system (pp. 18-19).
Instead, their research shows: “It’s more effective to engage managers in solving the problem, increase their on-the-job contact with female and minority workers, and promote social accountability—the desire to look fair-minded” (p. 3). They advocate voluntary training, involving managers in college recruitment programs, self-managed teams, mentoring, diversity task forces, and having diversity managers, among other approaches (Dobbin & Kalev, 2016).
One of the dynamics underlying Dobbin and Kalev’s recommendations is cognitive dissonance. When a person’s belief and his/her behavior do not match, this “dissonance” causes cognitive tension that needs to be resolved. There are several ways to do that. The DeBono article in your reading list explains the sometimes counterintuitive methods. See if you can design diversity measures for each of those options.
Did you notice the metric used for evaluating progress? “Numbers” of people in certain levels of positions is the measurement. Certainly that is an important first step, but what are the other questions that need to be answered? For instance, how do the people feel about their jobs? How productive are they? Is the organizational culture truly inclusive? HR is responsible for addressing all of those dimensions.
Health, Safety, and Security (HSS)
Health
As with many HR functions and activities, health issues encompass several facets. Overall, the objective is to protect and promote the employee’s physical and mental health and well-being, especially in the workplace. We’re going to focus on two popular programs designed to address this responsibility: Employee Assistance Programs and Wellness Programs. (Note: Other employee health benefits, such as medical/dental insurance, will be addressed in the Compensation and Benefits section of the course.)
Employee Assistance Programs (EAP’s)
An EAP assists employees with work-life balance as well as mental and physical health. These counseling services offered through the employer were originally established to address drug abuse. However, the scope has expanded over the years to assist employees with overcoming a wide variety of personal problems, such as: family and marital difficulties, legal issues, career concerns, financial planning, cultural adjustments, and other emotional issues (SHRM, 2007). Services are confidential, and the service providers do not reveal any individual employee information, such as names or information about the nature of the problem. Since employee problems can impact productivity, errors, and turnover, helping the employee can benefit the employer as well. Your reading this week provides more information.
Employee Wellness Programs (EWP)
“EWP’s are designed to cater to the employee’s physical, instead of psychological, welfare through education and training. They offer health education, training and fitness, weight and lifestyle management, and health risk assessment services.” (Lussier & Hendon, 2016, p. 538)
These programs also often have a return on investment (ROI) by reducing the costs associated with short-and long-term disability, worker’s compensation, and avoidable sick days (Wein, 2015). One report shows that, for every dollar spent, employers can save $2-6 in lower healthcare costs and lost productivity costs. Effective programs are also correlated with lower turnover (Lussier & Hendon, 2016, p. 538).
Employers, however, must be careful to adhere to the EEOC guidelines when designing and implementing wellness programs. Your reading indicates the various types of discrimination that could occur. In 2016, the EEOC issued final rules and a sample notice for employers to use; but, court cases are anticipated (Miller, 2016).
Family and Medical Leave Act (FLMA) of 1993
The FMLA is a mandatory benefit providing unpaid leave when an employee is facing a personal or family health situation. There are criteria within the law that must be met to be eligible for the leave, such as when the employee has a birth, adoption of a child, or placement of a foster child in the home. The FMLA also allows leave for an employee with a serious health condition, as well as a spouse, child, or parent that needs a caregiver. In these situations, the employee may take up to 12 work weeks of FMLA leave within a 12-month period.
An employee may take up to 26 weeks in a year to care for a family member that is on active duty and had a serious, service-related injury that needs care.
These benefits are available if the employee has worked for the covered employer for 12 months, working 1,250 hours during the previous 12 months.
Prior to being granted such leave, an organization may require an employee to use all accrued vacation and sick leave time before using the FMLA leave benefit. Employers are allowed to require notice (where possible) so the organization can prepare for the absence.
When the employee returns from a FMLA leave, the law requires that the employee returns to his/her previous job or one that is similar. Typically, the Human Resources staff will coordinate this leave, and remain vigilant to potential or actual fraud that can take place (Lussier & Hendon, 2016, pp. 492-494).
The U.S. Department of Labor provides several fact sheets to provide information about this law https://www.dol.gov/general/topic/benefits-leave/fmla; but Fact Sheet #28 is a good overview.
Safety
The primary federal law that shapes an organization’s safety program in most industries is the Occupational Safety and Health Act (OSHA). Enacted in 1970, it identifies the employer’s responsibilities for maintaining a safe working environment. The major provision is the General Duty clause which states that each employer: “… shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees” (OSHA, Section 5(a)1, n.d.).
In your reading, note the emphasis on training requirements, employee notifications, documentation requirements, and reporting deadlines. OSHA’s poster provides a condensed version of those (https://www.osha.gov/Publications/osha3165-8514.pdf). Historically, criticism of OSHA has identified a weak enforcement structure. As your reading reveals, recent developments intend to give it more leverage.
Workplace Security:
Workplace security is the management of personnel, equipment, and facilities in order to protect them. While workplace safety deals with the issue of minimizing occupational illness and injury, workplace security covers topics such as violence in the workplace (including bullying), bomb threats, management of natural and man-made disasters, risk to company computer systems and intranets, and many other issues. Workplace security is concerned with mitigating these risks to the organization and its members (Lussier & Hendon, 2016, p. 545).
As you might expect, HR needs to collaborate with other organizational units to provide protection and recover from injuries. Your reading this week looks at two elements, employee privacy and workplace violence, in more detail.
Employee Privacy
Although organizations are legally responsible for protecting certain types of employee information, such as health data, often employee privacy rights and concerns can be in conflict with corporate needs. Through security measures, companies want to prevent proprietary information from being shared with competitors, to avoid drains on productivity, and to stay aware of behaviors that could create legal liabilities, such as having offensive material shared through corporate systems. They may also want to avoid a poor hiring choice by learning as much as possible about the candidates. Technology enables access to more information than traditionally experienced.
Because companies can monitor employee information and behaviors, does that mean they should? What rights do employees have? Your reading explains common types of monitoring that occurs and what employees should expect in terms of legal support. You’ll note that federal employees have stronger protection through the Privacy Act of 1974, which “establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies” (USDOJ, 2015). Private sector employees, however, must rely primarily on state-level provisions. In many cases, especially when corporate property is involved, it is probably realistic for employees to assume that they do not have many privacy rights. One exception that is currently receiving attention and legal development is protection through the National Labor Relations Act, which you will study later.
Workplace Violence
Workplace violence is any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site. It ranges from threats and verbal abuse to physical assaults and even homicide. It can affect and involve employees, clients, customers and visitors. Homicide is currently the fourth-leading cause of fatal occupational injuries in the United States. According to the Bureau of Labor Statistics Census of Fatal Occupational Injuries (CFOI), of the 4,679 fatal workplace injuries that occurred in the United States in 2014, 403 were workplace homicides…However it manifests itself, workplace violence is a major concern for employers and employees nationwide. (OSHA, 2016, p. 1)
Workplace violence is costly to everyone involved. Your reading this week explains some of the causes, impacts, and preventions employers and employees can take to address this safety and security issue.
Disciplinary Process
Although most employees intend to behave properly at work, it is important to have a fair disciplinary process established for the times that something does go awry. In a non-unionized environment, management can choose to design the process unilaterally, without the input of workers. Management, however, must adhere to legal parameters as well as psychological dynamics in order to have a successful procedure.
Legally, a disciplinary process is stronger if it is progressive, meaning that it provides a proportional response to the infraction with an early opportunity to correct the behavior. This often means that, for non-severe incidents, there is an oral warning, then a written warning, followed by a suspension then a final dismissal. Dangerous behavior, however, may incur dismissal as the first step. More successful systems inform employees beforehand of the consequence of “bad behavior,” address the action immediately, and treat similar situations similarly in accordance with company policy. Each step is documented and acknowledged by the employee even if he/she doesn’t agree with the assessment.
A disciplinary process that allows the employee to voice his/her perspective of the matter provides better procedural justice, the “fairness” of the procedures, and, possibly, distributive justice, the “fairness” of the outcome. At this time, prevailing authority dictates that in nonunion organizations, it is possible to speak only with the employee in an interview; however, over the years, the National Labor Relations Act has vacillated on the idea that Weingarten rights may apply to non-union situations (Donovon, 2016). This means that the employee could be entitled to have “representation” attend the session with him/her. “Representation” normally is a colleague or an association (not union) leader. (Some states, such as Virginia, have public school teacher associations instead of unions. These associations charge membership dues, but do not have collective bargaining authority.) From a practical perspective, if an employee asks to have a representative attend an interview, it would be wise to oblige the request by scheduling it at a mutually agreeable date, unless time is of the essence.
It is very important to obtain valid information about the situation; so, sometimes other data sources, including views of other workers, are required. Management needs to be sure to use as unbiased a data-collection method as possible. It needs to do its own due diligence and not assume that reported information is free of bias. For instance,
An employee who was also a member of the armed forces won when he demonstrated that, even though the supervisor who decided to fire him bore no antimilitary bias, those who supplied information used in his termination did. This theory—known as the “cat’s paw” theory—postulates that supervisors who are unwittingly manipulated into disciplining or firing a worker must do more than just rubber-stamp other supervisors’ findings (HR Specialist, 2011, p. 7).
Methodology is also an important factor in determining whether it is legal to ask an employee not to talk about the case. The “old school” recommended asking employees to keep the matter confidential; but, this could violate an employee’s right under the National Labor Relations Act. A final decision has not been reached due to ongoing appeals (NLRB.gov, n.d.).
For employees to perceive the process as fair, it may help to give the rationale for the decision that is made. Nonunion organizations, however, may not wish to establish in policy or practice the criteria of “just cause” for terminations which is adopted in most collective bargaining contracts. Even if the employer usually has a defendable reason for terminating an employee, it may want to maintain an employment-at-will standing. To do this, it needs to ensure that documents, such as the Employee Handbook, do not contradict the at-will intent.
When employees or co-workers believe the system is fair, several positive results may occur.
Procedurally fair treatment has been demonstrated to result in reduced stress and increased performance, job satisfaction, commitment to an organization, trust, and organizational citizenship behaviors (OCBs). OCBs are discretionary behaviors performed outside of one’s formal role that help other employees perform their jobs or that show support for and conscientiousness toward the organization. They account for 15 to 30 percent of business outcomes, and as much as 40 percent of the outcomes in customer-service settings (Cascio, 2013, p. 551).
It can also dissuade employees from taking legal action outside the internal system.
Grievance Process
When the disciplinary process results in an outcome that the employee does not believe is fair, the matter can move to the grievance system. Grievance systems can be used to question other types of decisions as well, such as promotions or pay issues. In nonunion organizations, the grievance structure and mechanisms can take several forms. There may be an open-door policy, a peer-review panel, an ombudsperson, or internal or external mediation (Cascio, 2013, p. 555). When the supervisor cannot resolve the issue, the employee may consult Human Resources or other officials in the organization, as designated in the grievance procedure.
Nonunion grievance systems usually do not give complete due process. Constitutional due-process rights include:
prior notice of prohibited conduct, timely procedures adhered to at each step of the procedure; notice of the charges or issues prior to a hearing; impartial judges or hearing officers; representation by counsel; opportunity to confront and to cross-examine adverse witnesses and evidence, as well as to present proof in one’ own defense; notice of decision; and protection from retaliation for using a complaint procedure in a legitimate manner (Cascio, 2013, p. 551)
In the working environment, union contracts may provide due process; but, in nonunion organizations, unless a government body, like the EEOC, is involved, the process is usually contained to the management hierarchy. No truly independent person is involved if the organization pays for the services. Even
nonunion arbitration of grievances might provide less due process to employees than unionized grievance arbitration if there are limitations on discovery (how much information the grievant can collect from the company), if the use of outside advocates such as attorneys is restricted, or if arbitrators favor management to increase their chances of being selected for future cases (Cascio, 2013, p. 557).
Currently, there is some debate as to whether requiring potential employees to agree to use arbitration as a conflict resolution method is legal (Gordon & Weber, 2014).
As you can see from the reading and this introduction, Employee Relations is an interesting, important, and dynamic aspect of HR. It interacts with other HR functions as well as other departments in the organization to protect, promote, and balance the goals of both the employer and the employee.
References
Cascio, W. (2013). Managing Human Resources: Productivity, Quality of Work Life, Profits (9th ed.). New York, NY: McGraw-Hill.
Dobbin, F. & Kalev, A. (2016). Why diversity programs fail. Harvard Business Review, 94(7-8), 52-61.
Gordon, A. J., & Weber, K. C. (2014). Forced Arbitration in the Workplace, 35 Berkeley J. Emp. & Lab. L. (2015). Retrieved on 8/18/2016 from http://scholarship.law.
berkeley.edu/bjell/vol35/iss1/1
HR Specialist (2011). Supreme Court: check boss bias before discipline: ruling in the 'cat's paw' case called big victory for U.S. HR Specialist: Employment Law 41(4), 1-2. Retrieved on 8/18/2016 from p.workersbi.galegroup.com.ezproxy.
umuc.edu/essentials/article/GALE|A332381564/c76369ac442a27e75f1351035bc70c54?u=umd_umuc
Lussier, R. N., & Hendon, J. R. (2016). Human Resources Management (2nd ed.). Washington, D.C.: Sage Publishing.
Miller, S. M. (2016). EEOC issues final rules on employer wellness programs. Retrieved on 8/16/2016 on 8/7 from https://www.shrm.org/resourcesandtools/hr-topics/benefits/paSHRM.org
NLRB.gov (April, 2011). Banner Estrella Medical Center Case 28-CA-023438. Retrieved on 8/18/16 from https://www.nlrb.gov/case/28-CA-023438
OSHA.gov (n.d.). OSH Act OSHA, Section 5(a)1654 Retrieved on 8/17/2017 from https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3359
SHRM (2007). The SHRM Learning System, Employee and Labor Relations. Alexandria, VA: Society of Human Resource Management.
SHRM (2016). EEOC Issues Final Rules on Employer Wellness Programs. Retrieved on 8/16/2016 on 8/4/2016 from https://www.shrm.org/esourcesandtools/hr-topics/benefits/pages/eeoc-wellness-final-rules.aspx
Tesch, F., & Maidment, H. (2009). Strategic organizational diversity: A model? In Maidment, F. H., (Ed.). Human Resources 12/13. (pp. 96-99). New York, NY: McGraw-Hill.
USDOJ, (2015, July). The Privacy Act of 1974. Retrieved on 8/162/2016 from https://www.justice.gov/opcl/privacy-act-1974.
Wein, D. (2015). Worksite wellness programs offer valuable benefits to both employers and employees. ERToday (Wiley), 41(4), 35-43.
What is USERRA? (2016). Retrieved on 8/16/2016 from http://www.esgr.mil/USERRA
/What-is-USERRA.aspx
York, K. M. (2010). Applied Human Resource Management: Strategic Issues and Experiential Exercises, Washington, D.C.: Sage.
