EMPLOYEE RELATIONS

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EMPLOYEE RELATIONS
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Overview

• Discipline Defined
• Employee Rights
• The Discipline Process
• Discipline in Unions versus Non-union
  Organizations
• The Grievance Procedure

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Discipline Defined

• Three possible definitions
• Treatment that punishes
• Orderly Behavior
• Training that molds, strengthens, or corrects
  undesirable conduct and develops self-control
• The third definition is the one to be used in the
  disciplinary process

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Employee Rights

• Rights that have evolved over the years through
  Federal and State legislation and court rulings
  to protect the employee in areas such as
  discrimination, safety and health, and wage and
  hour protection
• Types of employee rights
• Employment protection rights
• Employee privacy rights

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Employment Protection Rights

• Involve considerations regarding security of
  ones job
• Employment-at-will Employer can terminate
  employment of an employee for any reason at any
  time. Employee, likewise, can quit at any time.
• Wrongful discharge Civil action when employee
  believes they were fired for improper reasons.
• Is an exception to Employment-at-will

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Employment Protection Rights (Continued)

• Implied contract Situations where employment
  guarantees are implied through either oral or
  written promises
• Causes an exception to employment-atwill
• Constructive discharge Occurs when employee
  quits or resigns and subsequently charges that
  the employment conditions were made so
  intolerable as to force resignation
• Growing area of concern for employers

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Employment Protection Rights (Continued)

• Federal (and some state) laws restrict employers
  unilateral right to close their facilities
• Restrictions principally found in employer
  requirement of advanced notification of plant
  closing

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Employee Privacy Rights

• Largely involves individuals right to be left
  alone and free from unwanted intrusion into
  personal affairs
• Substance abuse and drug testing
• Private employers have right to require drug test
• Many states require probable cause
• Most extensively used with sensitive positions
• Applicant as opposed to employee

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Employee Privacy Rights (Continued)

• Employee searches and surveillance
• Generally require probable cause and prior
  notification
• Access to personnel files
• Confidentiality requirement
• Medical history separate from employment files
• Employee freedom of access

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Employee Privacy Rights (Continued)

• E-mail and Voice Mail Privacy
• Privilege of privacy not guaranteed
• Employee conduct outside the workplace
• Off-duty conduct generally not subject to
  managerial review or disciplinary action, unless
  misconduct has some relationship to successful
  operation of organization
• Genetic testing
• Few laws or agency guidelines at present
• Legislation currently in congress to severely
• restrict

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Reasons for Discipline or Discharge

• .

Theft Disloyalty to employer (includes competing
with employer, conflict of interest) Moonlighting
Negligence Damage to or loss of machinery or
materials Unsatisfactory performance Refusal to
accept job assignment Refusal to work
overtime Participation in prohibited
strike Misconduct during strike Slowdown Possessio
n or use of drugs Possession or use of
intoxicants Distribution of drugs Obscene or
immoral conduct Attachment or garnishment of
wages Gambling Abusing customers
Absenteeism Tardiness Loafing Absence from
work Leaving place of work (includes early
quitting) Sleeping on job Assault and fighting
among employees Horseplay Insubordination Sexual
harassment Racial slur Threat to or assault of
management representative Abusive language to
supervisor Profane or abusive language Falsifying
company records (including time records,
production records) Falsifying employment
application Dishonesty
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The Discipline Process

• Have established performance requirements and
  work rules
• Communicate rules and requirements to employees
• Evaluate employee performance (or non-performance
• If necessary, apply discipline

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The Discipline Process

• Use of the Hot-Stove approach to rule enforcement
  (administering discipline)
• Discipline should entail
• Warning
• Immediate Action
• Consistency
• Impersonality

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Hot-Stove Rule for Applying Discipline
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Steps in the Discipline Process

• Investigate the disciplinary problem
• Document employee misconduct
• Investigative interview
• Employee entitled to
• Due process
• Right of representation if found in union
  contract
• Discipline

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Approaches to Disciplinary Action

• Progressive Discipline
• Used most by organizations. Steps are
• Oral warning
• Written warning
• Suspension
• Termination
• Positive Discipline
• Approach based on concept that employee must
  assume responsibility for his/her actions
• Employee totally responsible for improvement

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Considerations in Disciplining or Discharging
Employees

• 1. Avoid hasty decisions.
• 2. Document all actions and enter the evidence in
  the personnel file.
• 3. Thoroughly and fully investigate the
  circumstances and facts of the alleged offense.
• a. Notify the employee of the nature of the
  offense.
• b. Obtain the employees version of the
  circumstances, reasons for the actions, and the
  names of any witnesses.
• c. If suspension is required until the
  investigation is completed, inform the employee
• (1) To return 24 to 72 hours later to receive the
  decision.
• (2) That there will be reinstatement with pay if
  the decision is in the employees favor.
• (3) Of the discipline to be imposed if it is not
  in the employees favor.
• d. Interview all witnesses to the alleged
  misconduct. Obtain signed statements if
  necessary.
• e. Check all alternative possible causes (e.g.,
  broken machinery).
• f. Decide whether the employee committed the
  alleged offense.

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Considerations in Disciplining or Discharging
Employees

• 4. Determine the appropriate discipline.
  Consider
• a. Personnel record length of service, past
  performance, past disciplinary record. Has
  corrective discipline ever been applied?
• b. Nature of the offense.
• c. Past disciplinary action for other employees
  in similar situations.
• d. Existing rules and disciplinary policies.
• e. Provisions in the labor contract if one
  exists.
• 5. Advise the employee of the nature of the
  offense, the results of the investigation, the
  discipline to be imposed, and the rationale
  behind the discipline.

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Discipline in Union versus Non-Union Workplace

• In Union Workplace
• Spelled out in collective bargaining agreement
• Agreed to step process followed
• Union has statutory duty of fair representation

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Discipline in Union versus Non-Union Workplace

• In Non-Union workplace
• Generally regarded as employment-at-will
• Employer process generally followed
• Employment-at-will has been changing courts are
  demanding due process

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Discipline Rules in Typical Labor Contract
Discipline First offensewritten warning Second
offenseone-day suspension Third offensetwo-day
suspension First offensewritten warning that
may result in suspension of up to three days
without pay Second offensetreated as an
intolerable offense First offensesubject to
discharge
Offense Minor Absence without notification as
per existing absentee and lateness
policy Horseplay Major Possession of,
drinking, smoking, or being under the influence
of, intoxicants or narcotics on company
property Sleeping on the job Gambling on
company property Intolerable Stealing company
or personal property Fighting on company property
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Grievance Procedures

• Also known as Alternate Dispute Resolution
  Procedures (ADR)
• In Union workplace, procedures spelled out in
  Collective Bargaining Agreement
• In Non-Union workplace, use of ADRs

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General Process Followed in a Union Grievance
Procedure

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Non-Union Grievance Procedures

• ADR procedures
• Step-review systems patterned after union
  grievance procedures
• Peer-review systems use of employer/employee
  committees. Act as jury
• Use of Hearing Officer
• Open-Door policy
• Ombudsman system mediation
• Arbitration binding or non-binding

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Questions