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Human Resource Management

CHAPTER

13 Managing In A Unionized Environment

Contents

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At the end of this chapter, the students are expected to:

1. examine the concept and models of labor relations;


2. identify the legal and constitutional framework of labor relations;
3. evaluate the concept and strategies in collective bargaining;
4. explain the importance of bargaining power in the negotiation
process;
5. explain how collective bargaining agreement is being administered;
and
6. examine the salient points in handling grievances and ways to
discipline employees.

Learning Objectives Suggested Instructional Strategies


Think Pair Share
LO 1: examine the Form pairs of students who will individually think
concept and models of answers, then ask them to merge the ideas,
of labor relations which shall be presented to class.

LO 2: identify the legal


and constitutional Break-out Group
framework of labor (Refer to Experiential Learning Activity #1)
relations
Break-out Group
LO 3: evaluate the
(Refer to Experiential Learning Activity #1)
concept and
strategies in collective
Guided Reciprocal Peer Questioning
bargaining
(Refer to Experiential Learning Activity #2)
Advanced Reading Assignment – In
preparation for the discussion of the topic, ask
LO 4: explain the
the students to visit the website
importance of
http://www.wisegeek.com/what-is-bargaining-
bargaining power in
power.htm
the negotiation
process
Mind Mapping
(Refer to Experiential Learning Activity #3)
LO 5: explain how Rounds
collective bargaining Call as many students from the class to give as

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agreement is being many answers as possible.
administered
Advanced Reading Assignment – In
preparation for the discussion of the topic, ask
the students to visit the following websites:
 http://www.beyondintractability.org/essay/
grievance-procedures
LO 6: examine the
 http://www.dummies.com/how-
salient points in
to/content/how-to-develop-employee-
handling grievances
disciplinary-procedures.html
and ways to discipline
 http://www.shrm.org/templatestools/hrqa/p
employees
ages/shouldhrbeincludedinalldisciplinaryme
etings.aspx

Writing Assignment
(Refer to Experiential Learning Activity #4)
*All links accessed last March 6, 2014.

Learning Slide
Lesson
Objectives Presentation
The Concept and Models of Industrial
LO 1 Slides 2 and 3
Relations (Labor Relations)
Legal and Constitutional Framework
LO 2 Slides 4 and 5
of Labor Relations
LO 3 Strategies in Collective Bargaining Slides 6-9

LO 4 Bargaining Power Slide 10

LO 3, LO 4 Bargaining strategies and techniques Slide 11and 12

LO 5 CBA Administration Slide 15


Slide 16, Slides
LO 6 Grievance Procedure and Discipline 17-31, Slides 33-
37
The Concept and Models of Industrial
LO 1 Slides 2 and 3
Relations (Labor Relations)

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Ask the students to go to the following sites for related topics. Ask them
to write a synthesis or a reflection after reading the content of these
sites:

The Concept of Industrial Relations (Labor Relations)


http://accountlearning.blogspot.com/2013/03/concept-and-meaning-
of-labor-relations.html
http://smallbusiness.chron.com/concepts-industrial-relations-60077.html
http://practicehrm.blogspot.com/2012/02/concept-of-industrial-
relations.html

Models of Labor Relations


http://www.jstor.org/discover/10.2307/796404?uid=3738824&uid=2&uid=
4&sid=21103079780903

Legal and Constitutional Framework of Labor Relations


http://www.scribd.com/doc/16818141/Constitutional-Framework-of-
Industrial-Relation
http://xroads.virginia.edu/~ma98/pollklas/thesis/constitution.html

The Constitution, The Law, The ILO Conversation, Collective Bargaining


http://www.investopedia.com/terms/c/collective-bargaining.asp
http://www.ilo.org/global/standards/subjects-covered-by-international-
labour-standards/collective-bargaining/lang--en/index.htm
http://www.ilo.org/global/topics/freedom-of-association-and-the-right-
to-collective-bargaining/lang--en/index.htm

Strategies in Collective Bargaining


http://www.millercanfield.com/publications-articles-274.html
http://www.mackinac.org/8291

The Preparation Stage


http://www.brighthub.com/office/human-
resources/articles/107342.aspx

Bargaining Power
http://cafehayek.com/2013/10/a-note-on-bargaining-power.html
http://www.wisegeek.com/what-is-bargaining-power.htm
http://www.economicshelp.org/blog/glossary/bargaining-power/

Performance-Based Bargaining and Good Faith in Bargaining


http://definitions.uslegal.com/g/good-faith-bargaining/
http://strikefacts.com/analysis/what-is-good-faith-bargaining/

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CBA Administration
http://erd.dli.mt.gov/labor-standards/collective-bargaining.html
http://www.eurofound.europa.eu/eiro/1999/11/feature/gr9911155f.htm
http://erd.dli.mt.gov/labor-standards-bureau.html

Grievance Procedure
https://www.shrm.org/TemplatesTools/hrqa/Pages/AResolutionforMana
gementandEmployees.aspx
http://www.cep1133.com/grievance.html
http://nonprofitrisk.org/library/articles/employment01002000.shtml
http://www.beyondintractability.org/essay/grievance-procedures

Discipline, Modern Definition/Concepts of Discipline


http://www.nrtw.org/RDA.htm
http://managementofhumanresourcesms02.blogspot.com/2011/05/expl
ain-concept-of-discipline-in.html
http://www.upedu.org/process/kcncpt/kc_discipline.htm
http://www.citehr.com/40267-concept-discipline-working-
conditions.html

Consistency in Application
http://www.masconsulting.co.za/uploads/news/Consistency_in_the_ap
plication_of_discipline.pdf
http://www.retrenchmentassist.co.za/index.php/ra-newsletters/112-
consistency-in-discipline-a-procedural-requirement

Disciplinary Procedure
http://www.dummies.com/how-to/content/how-to-develop-employee-
disciplinary-procedures.html
http://www.esmalloffice.com/SBR_template.cfm?DocNumber=PL05_008
0.htm
http://www.labourguide.co.za/workplace-discipline/262-disciplinary-
procedures

Set the Standard of Performance


https://www.opm.gov/policy-data-oversight/performance-
management/performance-management-cycle/planning/developing-
performance-standards/
http://www.hunt.ca/ON_newsletters_en/A10_Setting_Performance_Stan
dards.pdf
http://www.responsedesign.com/store/10038.pdf

Set the Employee on the Path of Improvement


http://humanresources.about.com/od/careersuccess/qt/5-tips-to-
improve-your-career-development.htm
http://humanresources.about.com/od/glossaryc/g/coaching.htm

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http://www.writemypapers.org/examples-and-samples/is-performance-
related-pay-a-proven-path-to-improving-employee-performance-and-
job-satisfaction.html

Come to a Decision on a Fair Sanction for the Offense Committed


The Role of HR in Discipline
http://www.shrm.org/templatestools/hrqa/pages/shouldhrbeincludedin
alldisciplinarymeetings.aspx

Basic Steps to Follow


http://www.wikihow.com/Discipline-an-Employee
http://resources.chinahot.com/for-employers/labor-force-
management/steps-discipline-employees.html

Statutory Requirements and Advisable Steps, Preventive Suspension and


Pending Investigation
http://www.laborlaw.usc-law.org/2009/08/02/preventive-suspension-
during-termination-proceeding/
http://www.philstar.com/business/217762/placing-erring-employee-
under-preventive-suspension-violation-worker%C2%92s-right-due
http://ndvlaw.com/how-to-place-an-employee-under-preventive-
suspension-pending-investigation/
http://bataspinoy.wordpress.com/2011/05/18/the-power-to-impose-
preventive-suspension-pending-investigation-is-one-of-the-implied-or-
inherent-powers-of-mtrcb-the-preventive-suspension-can-validly-be-
meted-out-even-without-a-hearing/

The Ultimate Penalty-Dismissal


http://jobsearch.about.com/od/employmentlaw/g/dismissal-from-
employment.htm
http://www.howtolaw.co.nz/dismiss-an-employee-xidp392063.html
http://www.business.vic.gov.au/operating-a-business/employing-and-
managing-people/ending-employment/employee-dismissal
http://www.workplaceinfo.com.au/termination/unfair-dismissal/safety-
breach-dismissal-too-harsh-employee-reinstated

*All links accessed last March 6, 2014.

1. Break-out Group
Divide the class into small groups composed of 3-4 members and ask
to them prepare a synthesis on the topic. Assign a group moderator,
a secretary, and a rapporteur who shall report to the class the output
of the group.

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Option 1: Assign each group with different topics, if the coverage of
the subject matter is too long.
Option 2: All groups shall discuss and assess common questions or
expected outcomes.

2. Guided Reciprocal Peer Questioning


Ask each student to individually prepare two or three thought-
provoking questions on the content presented in the lecture.

Questions shall be discussed in small groups at the beginning of


class, and then the whole class shall discuss the questions that were
especially interesting or controversial in the group discussion.

Afterwards, ask the other groups to check outputs developed by


another group. Discuss the topics so students will be able to assess
correct answers to serve as their bases for checking other group’s
work.

3. Mind Mapping
Allow the students to create thought framework on the topic either
through inductive or deductive presentation.

Using a flow diagram, ask the students to present a mapping of


thoughts or reasons beginning from the inputs of information until it
connects the bits of information and reaches the end output which is
the intended conclusion or generalization.

4. Writing Assignment
Ask the students to write what they know about a topic before
conducting the lecture to help them subsequently connect new
ideas to what they already know.

Require the students to submit on the following meeting a summary


of not more than 100 words on the topic discussed by relating it to
recent or similar real-life situation.

I. True or False: Write T if the statement is true, otherwise, write F if


the statement is false.
____ 1. The very first phase in a collective bargaining is to align CBA with
company’s objectives.
____ 2. It is the union that usually submits proposals to management and
request for meeting.

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____ 3. Good labor relations drive the whole workforce motivated to
work hard for the organization.
____ 4. The concept of “Polarization” model of labor relations is a
complete opposite of the Perfect Model.
____ 5. Perfect model of labor relations show a total congruence of
employers and worker’s interests and goals.
____ 6. In collective bargaining, the union has a collective interest that
will benefit most of the employees.
____ 7. A grievance procedure is a preventive measure as it precludes
complaints from ripening into full-blown dispute.
____ 8. Labor relations is viewed as harmonious to both employer and
the labor even in the presence of a “company union”.
____ 9. A Code of Conduct is needed to regulate employees’ behavior
to instill a culture of order and discipline in the workplace.
____ 10. A grievance procedure is needed to resolve labor-
management conflicts over the interpretation and execution of the
contract.
____ 11. Labor relations refer to employer-employee relationship
covered specifically under a collective bargaining and industrial
relations laws.
____ 12. The Boulware negotiation approach when management strikes
an agreement with the union only when pressure has been felt by both
parties.
____ 13. An effective labor relations does not eliminate conflict, instead,
it provides institutional rules that resolve conflict in a way that minimizes
its costs.
____ 14. The hard-ball approach in negotiation is applied when
management is ready and willing to suffer a strike rather than giving in to
union demands.
____ 15. The Marxist or Radical perspective in labor relations presents
conflicting and congruent interests among management and labor in
common areas of the organization.

I. True or False: Write T if the statement is true; otherwise, write F if the


statement is false.
1. T
2. T
3. T
4. T
5. T
6. T
7. T
8. T

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9. T
10. T
11. T
12. F
13. T
14. T
15. F

1. Break-out Group
The instructor may use the following to assess the output of each
group (score. may vary).

Very
Excellent (4) satisfactory Satisfactory (2) Fair (1)
(3)
The The The synthesis
The synthesis
synthesis synthesis did not
Content complied with
complied complied comply with
30% the main parts
with all parts with most the main
of the
of the parts of the parts of the
assignment
assignment assignment assignment
Members of
the group Most Members of
Some
worked and members of the group
members of
contributed the group did not
the group
Collaboration consistently contributed contribute in
contributed
15% and equally positively to any positive
positively to
in a positive the group way to the
the group work
way to the work group work
group work
Presentation Presentation
Presentation is Presentation
is extremely is organized
somewhat lacks
well with
organized; organization;
organized , synthesis,
Organization ideas are not ideas are
synthesis, detail and
25% presented in limited and
detail, and coherence
sequence difficult to
coherence are very
follow
are superior good
Presentation
Presentation is Presentation
is engaging
Presentation straightforward is simple and
Presentation and
is clear and and at times little
(30%) insightful;
thoughtful clearly creativity is
with
presented used
thoughts

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and
supporting
details

2. Guided Reciprocal Peer Questioning (Total Points: 20)


Divide equally the expected maximum number of correct answers,
and assign points. For example, there are 5 expected correct
answers; if the group got all the expected correct answer, they will
automatically get 20 points. Meaning, every correct answer is given 4
points.

3. Mind Mapping (Total Points: 20)


Evaluate the output by assessing the overall flow of the idea
according to acceptable theory or principles or desired outcome.

Rating Guide:
0-5 points – Inputs and starting point/idea is correct
0-5 points – In-between points/ideas are correct
0-5 points – Line of thoughts are coherent to general idea
0-5 points – Expected output is correct

4. Writing Assignment
Assess the completeness, substance of inputs, and organization of
thoughts. Assume a perfect score of 100% and a deduction of 2
points for every incomplete content or irrelevant thought.

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