Employee & Labor Relations

Vocabulary flashcards covering core topics in employee and labor relations, including ILO standards, union relations, disciplinary actions, due process, retaliation, and dispute resolution techniques.

International Labor Standards

A consensus regarding employee rights and employer responsibilities that sets a recognized bar ethical employers strive to reach, even when not codified in local national laws.

International Labour Organization (ILO) Core Standards

A set of core labor principles covering workers' right to organize and bargain collectively, prohibition of forced labor, regulation of child labor, equal pay and benefits, prohibition of discrimination/promotion of equal opportunity, and occupational health and safety.

Employee Relationship Strategy

An ER strategy establishes how an organization manages employee relationships while aligning with:

1. Organizational Strategy: Supports long-term business goals.

2. Legal Requirements: Complies with employment laws and labor relations obligations.

3. Culture & Values: Defines the desired workplace culture and guiding principles.

4. Goals: Promotes communication, employee relations, and conflict resolution.

ER Compliance & Ethics Program

An effective compliance and ethics program includes:

1. Leadership Support: Board and senior management establish the "tone at the top."

2. Compliance Oversight: A chief compliance officer leads compliance efforts.

3. Risk Assessments: Identify legal and ethical risks.

4. Training & Communication: Keep employees informed of requirements.

5. Monitoring: Conduct audits, evaluate effectiveness, and make improvements.

Workplace Policies

Broad statements reflecting the employer's employee relations (ER) strategy that serve as the foundational basis for human resource management (HRM) practices.

Employee Handbooks

Organizational publications designed to communicate the employer's vision and values while remaining legally compliant with applicable employment laws.

Labor Relations

The manner in which organizations manage relationships with employees as a collective group rather than on an individual basis, frequently involving third parties such as unions or works councils.

Labor or Trade Union

A group of workers coordinating activities to achieve common goals in their relationship with an employer or group of employers, with elected representatives interacting with management.

Employer or Industry Associations

Organizations that serve as negotiation partners with labor unions when collective contracts are bargained at the industry or national level.

Industrial Actions

Collective or concerted employee actions (such as strikes, picketing, or boycotts) taken to protest working conditions or employer actions and designed to interfere with commercial operations. Concerns being wages, hours, or working conditions.

Sympathy Strike

Action taken in support of another union that is striking the employer. Contracts may include provisions prohibiting sympathy strikes.

Wildcat Strike

Work stoppages at union contract operations that have not been sanctioned by the union.

Secondary Action or Boycott

Attempt by a union to influence an employer by putting pressure on another employer—for example, a supplier.

Ex. Dairy farm workers boycotting dairy products by boycotting the local grocery store that carries its products

Work to Rule vs. Overtime Ban

Work to rule: Situation in which workers slow processes by performing tasks exactly to specifications or according to job or task descriptions.

Overtime Ban: Similar to work-to-rule. Employees refuse to work any overtime, adhering to the hours stipulated in the contract.

Lockout

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

Employer Unfair Labor Practices (ULPs)

Prohibited employer actions that include interfering with union rights, discriminating based on membership, refusing to bargain or share necessary information, failing to enforce contracts, or intervening in union operations.

Employee/Union Unfair Labor Practices (ULPs)

Prohibited union actions including conspiring to discriminate against workers, infringing on employee freedom of speech, ignoring member complaints, refusing good-faith bargaining, charging unreasonable fees, or directing prohibited actions.

Preparing for Strikes & Work Actions

HR works with management to minimize disruptions by:

1. Developing strike response and supply chain contingency plans.

2. Training managers on strike warning signs and unfair labor practices.

3. Preparing managers to cover essential duties.

4. Protecting nonstriking employees.

5. Arranging replacement workers where legally permitted.

6. Ensuring supervisors understand legal restrictions.

Disciplining Employees

• Produce persuasive evidence of employees culpability or negligence.

• Give employee fair opportunity to present his or her side

• Determine penalty appropriate for given offense

• impose discipline that is consistent with treatment others have received for similar infractions

• incorporate HR review of all material/serious disciplinary actions.

Due Process

A set of disciplinary principles requiring clear expectations, consistency, fact-based decisions, an opportunity for employee defense, the right to appeal, use of constructive discipline, and consideration of the individual.

Seven Tests of Due Process

1. Notice: Employees understand expectations and consequences.

2. Consistency: Discipline is predictable and applied fairly.

3. Evidence: Decisions are supported by facts.

4. Right to Defend: Employees can challenge evidence.

5. Right to Appeal: Employees can contest disciplinary decisions.

6. Constructive Discipline: Discipline aims to correct behavior.

7. Individual Consideration: Each employee's circumstances are considered.

Constructive Discipline (Progressive Discipline)

A form of corrective action implementing increasingly severe penalties, which may incorporate positive punishment (an added requirement) or negative punishment (removal of a valued stimulus).

Constructive Discipline Process

A stepped disciplinary sequence that typically advances through problem solving (open dialogue/verbal warning), a first formal warning, an optional second warning, a final written warning documenting understanding, and discharge.

Dispute Resolution Process

1. Informal Meeting: Employee meets with immediate manager to discuss concerns.

2. Formal Meeting: Unresolved disputes escalate to higher management or an internal panel.

3. Investigation: Gather facts, review evidence, and consider perspectives.

4. Decision: Communicate findings and resolution.

5. Escalation: If unresolved, refer to higher management or a neutral third party.

Whistleblowing

Safety laws specify that employees may not be disciplined for refusing to work under unsafe conditions or for reporting these conditions

May be seen as disloyalty meriting discharge in some cultures, but in some countries whistleblowers are protected against dismissal that is directly related to the whistleblowing activity. This should be recognized in any antiretaliation policy.

Retaliation

Unlawful discrimination or other adverse action taken against an employee as a result of an existing workplace conflict or filed complaint.

Conducting Investigations

1. Ensure confidentiality

2. Provide protection

3. Select investigator

4. create plan

5. develop interview questions

6. Conduct interviews

7. Make decision

8. Close investigation

9. Develop written summary of investigation results

Alternative Dispute Resolution (ADR) (Third-Party Resolution)

Uses an intermediary to create solutions and dispel conflict. This method can have varying degrees of neutrality and formality as well as complexity.

In some Asian cultures, an intermediary may be chosen who knows both parties well, can hear both sides, and can gain agreement on a solution, while in other cultures the intermediary is not familiar with either party.

Mediation

An alternative dispute resolution technique where an impartial third party assists both disputing sides in assessing their positions and reaching a mutual agreement.

Arbitration

An alternative dispute resolution method where disputing parties submit their conflict to an external third-party judge and agree to abide by the binding decision.

Single Designated Officer

A third-party resolution approach in which organizational management appoints a specific individual to investigate and resolve employee disputes.

Chosen Officer

A conflict resolution technique in which an employee selects their own arbitrator from a pre-designated group of qualified individuals.

Peer Review

A dispute resolution method utilizing a panel composed of fellow employees (and sometimes managers) to hear and resolve workplace grievances.

Ombudsperson

A neutral third party designated to investigate internal workplace complaints and mediate fair resolutions between the involved parties. This provides a greater sense of empowerment and control over the situation.

Open-Door Policy

A dispute resolution practice that provides employees direct access to any leader or manager across the chain of command to discuss concerns.

Grievance Procedure

A formal multi-level process to resolve employee contract complaints, moving from the immediate supervisor through next-level review and higher management, ending in third-party arbitration if unresolved.

4 Steps of the Grievance Process

1. Immediate Supervisor: Employee files grievance; supervisor investigates and attempts resolution with union representative.

2. Next Level: Unresolved grievance escalates to the next level of management.

3. Higher-Level Management: Further review and attempt at resolution. A member of the grievance committee or a representative from the union structure is involved.

4. Third-Party Determination: Unresolved grievances proceed to a neutral third party, such as an arbitrator.

Grievance Handling – Best Practices (Do's)

• Investigate thoroughly: Treat every grievance as potentially going to arbitration.

• Follow the contract: Identify violated provisions and meet deadlines.

• Gather evidence: Interview witnesses and review personnel and grievance records.

• Respect union rights: Follow representation requirements and treat union representatives as equals.

• Maintain privacy: Conduct meetings privately.

• Document everything: Keep detailed notes and inform management.

Grievance Handling – Common Mistakes (Don'ts)

• Don't bypass union representatives or violate the labor agreement.

• Don't delay remedies when management is wrong.

• Don't settle based solely on personal fairness; use the labor agreement.

• Don't bargain over issues outside the contract.

• Don't surrender management rights.

• Don't create informal contract changes or unintended precedents.

• Don't trade grievance settlements for withdrawals.

• Don't provide unnecessarily lengthy written responses.