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Note for MANA 4330 with Professor Werner at UH study guide


Note for MANA 4330 with Professor Werner at UH study guide

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This 13 page Study Guide was uploaded by an elite notetaker on Friday February 6, 2015. The Study Guide belongs to a course at University of Houston taught by a professor in Fall. Since its upload, it has received 45 views.

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Date Created: 02/06/15
Exam 4 Chapter 12 Providing Benefits and Services I The Strategic Importance of Providing Employee Benefits and Services I Employee benefits and services generally defined as inkind noncash payments to employees for their membership or participation in the organization I Benefits used to describe payments for protection against health and accident related problems for income protection after retirement pensions and for time not spent working eg vacations holidays sick days and absences breaks washup and cleanup I Services a wide array of auxiliary conveniences and facilities provided to employees which generally make life more enjoyable 0 Increase Productivity 0 Contain Costs 0 Improve Retention I Flexible benefits plan provides all employees with a base package of benefits and services from a wide array of options I Targeted benefits plan provides different types and levels of benefits and services depending on an employee39s location and position in the organization 0 Support Business Strategies I Employee Benefits and Service Within an Integrated HRM System I Mandatory benefits and services benefits and services required by the federal and state governments I Voluntary benefits and services benefits and services that are offered by employers but not required by law 0 Other HR Activities 0 The External Environment I Labor Markets I Unions I Laws and Regulations 0 The Organizational Environment I Company Culture I The HR Triad I Mandatory Benefits and Services I Social Security Act of 1935 provides for retirement disability and unemployment insurance Social Security Insurance Unemployment Compensation Workers Compensation and Disability Family and Medical Leave I Family and Medical Leave Act of 1993 FMLA requires employers with 50 or more workers to grant an employee up to 12 weeks of unpaid leave annually for the birth or adoption of a child to care for a spouse or an immediate family member with a serious health condition or when unable to work because of a serious health condition III Provisions 0 Extending FLMA protections for unpaid leave of up to 26 weeks to family members caring for a military service member with a serious injury or illness incurred in the line ofduty OOOO MANA 4330 Page 1 0 Extending FM LA protections for unpaid leave of up to 12 weeks to military family members for quotqualifying exigenciesquot which include shortnotice deployment and postdeployment activities 0 Permitting employers to require that employees use the company39s customary leave request procedures for FMLA leave 0 Permitting employers to require that employees follow the company39s existing rules for use of paid time off when such leaves are combined with FM LA leave 39 Voluntary Benefits and Services Retirement Savings Plans and Pensions OO O O I Qualified plan covers a broad class of employees eg not just executives meets Internal Revenue Code requirements and consequently is qualified to receive favorable tax treatment I Nongualified plan does not adhere to the strict tax regulations covers only select groups of employees eg only senior management and does not receive favorable tax treatment Defined Benefits Plans Defined Contribution Plans I Noncontributory plan if only the employer contributes to the retirement account I Contributory plan when both the employee and the employer contribute to the retirement account I 401ks and 403bs I Employee Stock Ownership and Profit Sharing Plans Cash Balance Plans I Portable benefits benefits that employees can take with them when they leave the firm for a different employer Legal Considerations I ERISA III Employee Retirement Income Security Act of 1974 I ERISA designed to protect the interests of workers covered by private voluntary retirement plans by regulating the management of pension funds III Pension Benefit Guaranty Corporation IPBGC administers the required insurance program and guarantees the payment of basic retirement benefits to participants I Other Laws Related to Retirement Plans III Economic Recovery Tax Act of 1981 allows employees to make taxdeductible contributions to 1 an employersponsored pension profitsharing or savings account or 2 to an individual retirement account IRA 39 Voluntary Benefits and Services Health Care Benefits and Services 0 MedicalCare I Conventional Insurance Plans I Health Maintenance Organizations III Primary care physicians IPCPs gatekeepers of the employees39 health care I Preferred Provider Organizations I Point of Service Plans I Consumer Driven Plans III Health savings accounts IHSAs taxfree accounts funded by employees employers or both that set aside money to pay health care expenses 0 Wellness Programs 0 Employee Assistance Programs I Employee assistance programs IEAPs designed to assist employees with chronic personal problems that hinder theirjob performance and attendance MANA 4330 Page 2 I Voluntary Benefits and Services Paid Leave o Off the Job Paid Leave I Holidays and Vacations I Other Paid Leaves I Paid Time Off Plans III Paidtimeoff plans PTO combine vacation sick and personal days and sometimes holidays into one bank allowing employees to take a specific number of days off for any reason 0 On the Job Paid Leave Voluntary Benefits and Services WorkLife Benefits and Services 0 Flexible Work Arrangements 0 Child Care Services 0 Elder Care Services 0 Domestic Partner Benefits and Services Provide Voluntary Benefits and Services Other Benefits and Services 0 Developmental Benefits and Services 0 Personal Services 0 Business Travel and Relocation Assistance Administrative Issues 0 Determine the Benefits and Services Package 0 Determine the Level of Flexibility 0 Communication Current Issues 0 Containing the Escalating Cost of Health Care I Carveouts the use of specialized vendors for certain benefits such as prescription drug mental health and vision benefits 0 The Patient Protection and Affordable Care Act of 2010 I Patient protection and affordable care act of 2010 PPACA a comprehensive health care reform bill that mandates health insurance for individuals and reforms insurance practices III Provisions 0 The establishment of statebased health insurance exchanges that list the cost and coverage of private insurance plans to allow comparison shopping 0 New restrictions on consumerdriven plans including new ceilings on deductible levels increased penalties for nonqualified withdrawals from HSAs and changes in HAS expense qualifications 0 Financial help for organizations offering early retirees health coverage and for small firms offering wellness programs 0 For companies with more than 200 employers automatic enrollment of new employees into health care coverage 0 Employers with new plans must provide preventive services typically associated with wellness programs at full coverage and no deductibles 0 Wellness program participation can be rewarded with incentives including health care premium discounts and rebates Chapter 13 Promoting Safety Health and WellBeing in the Workplace I The Strategic Importance of Workplace Safety Health and WellBeing MANA 4330 Page 3 I Workplace safety health and wellbeing the physical physiological psychological intellectual spiritual and social conditions of a workforce that result from the work environment provided by the organization OOOO Enhance Productivity Contain Costs Attract and Retain Talent Support Business Strategies I Ergonomics considers changes in the job environment in conjunction with the physical and physiological capabilities and limitation of the employees I Promoting Safety Health and WellBeing Within an Integrated HRM System I Physiological and physical conditions occupational diseases and accidents eg actual loss of life or limb repetitive motion injuries back pain carpal tunnel syndrome cardiovascular diseases carious forms of cancer eg lung cancer and leukemia emphysema and arthritis I Psychological conditions encompass symptoms of poor mental health workplace stress and job burnout including apathy emotional exhaustion withdrawal confusion about roles and duties mistrust of others inattentiveness irritability and a tendency to become distraught over trifles o Other HR Activities I Job Analysis and Competency Modeling I Performance Management I Training and Developing I Benefits and Services I Unionization and Collective Bargaining o The Organizational Environment I Size I Technology El Industries with high number of fatalities 1 Agriculture forestry fishing and hunting 26 mil 2 Transportation and warehousing 121 mil 3 Construction 97 mil I Company Culture 0 The External Environment I Laws and Regulations El El Occupational Safety and Health Act of 1970 calls for safety and health inspections of organizations regardless of size reporting by employers and investigations of accidents and allegations of hazards Occupational Safety and Health Administration OSHA the federal agency responsible for establishing and enforcing occupational safety and health standards and for inspecting and issuing citations to organizations that violate these standards National Institute for Occupational Safety and Health NIOSH conducts research to reduce workrelated illnesses and injuries and promotes safe and healthy workplaces by developing interventions and recommendations for employers Willful dissent violations where OSHA believes that the violator knew of the rule and broke it anyway I Economic Globalization CI The WHO39s global strategy 0 Strengthen international and national policies 0 Develop practices for improving health at work MANA 4330 Page 4 Promote health at work by providing technical assistance and support Develop human resources for the field of occupational health Establish relevant and useful registration and data systems Raise public awareness 0 Strengthen research on occupational health I Country Culture I The HR Triad 0 Employees39 responsibilities specified by OSHA 1 Comply with OSHA standards rules and regulations 2 Comply with employers orders related to the Act 3 Use all safety and personal protective equipment provided by or as directed by OSHA or their employer I Workplace Safety Hazards o OccupationalAccidents I Working Conditions El Factors that affect workplace accidents 1 The nature of the work itself and the times for doing that work eg vehicle driving shift work working hours 2 The tools and technology used to do the job eg heavy machinery ladders personal computers 3 The availability of guns brought to work El Shift work to any arrangements for daily work hours that differ significantly from the standard daylight hours I Employee Characteristics El No stable set of personal characteristics always contributes to accidents Nevertheless certain psychological and physical characteristics seem to make some people more susceptible to accidents 0 Occupational Injuries I Workplace Violence I Workplace Hazards to Health and WellBeing 0 Occupational Illnesses o Hazards to Mental Health 0 Workplace Stressors I Organizational Change I Physical Environment I Poorly Designed Jobs El Job characteristics theory employees are more satisfied and motivated when theirjobs are meaningful create a feeling of responsibility and are designed to ensure that some feedback is available I Stress Prone Employees 0 Job Burn Out I Job burnout particular type of stress that seems to be experienced by people who work in health care education police work customer response centers and the airline industry I Emotional Exhaustion I Depersonalization I Low Personal Accomplishment I Performance Deterioration El Engaged workers those who have invested themselves into their work they have highenergy and effective connection with their work 0000 MANA 4330 Page 5 I Interventions to Improve Workplace Safety 0 Measuring and MonitoringSafety I Incidence Rate III Incidence rate a measure that takes into account the number of injuries and III incidence rate illnesses in a year number of injuries and illnesses x 200000 number of employee hours worked I Frequency Rate III Freguency rate a measure of the number of injuries and illnesses for every III frequency rate million hours worked number of injuries and illnesses x 1000000 hours number of employee hours worked I Severity Rate III Severity rate reflects the hours actually lost because of injury or illnesses I severity rate 1 Deaths 2 Permanent total disabilities 3 Permanent partial disabilities 4 Temporary total disabilities total hours charged x 1000000 hours number of employee hours worked 0 Accident Prevention I Work Environment Design I Safety Performance Management El Sound performance management applied to safety entails 0 Training employees in effective safety behaviors 0 Defining clear safety goals and measures 0 Appraising and providing feedback on safety performance 0 Linking safety performance to rewards and consequences I Improved Working Conditions I Health and Safety Committees I Alcohol and Drug Testing 0 Injury Prevention I Employers can help reduce repetitive motion injuries El E El El El Varying workers39 tasks particularly the motions used to accomplish them during the day Providing small 10to 30second breaks every 30 minutes Providing longer breaks from the video display terminals every 2 hours Allowing discretion in how employees work eg in their posture schedule pace work processes Minimizing the number of keystrokes whenever possible Providing opportunities to learn about their job performance what they contribute to projects and their value to the organization Educating employees on the value of ergonomics Reducing sources of environmental stress eg heat glare noises Helping workers discover the features and functions of their workspace that enable them to adjust their environment for safety and comfort 0 Violence Prevention I Common signs of violent employee El Verbal threats Individuals often talk about what they may do An employee might say quot Bad things are going to happen to soandsoquot or quotThat propane tank in the back could blow up easilyquot III Physical actions Troubled employees may try to intimidated others gain access MANA 4330 Page 6 CI to places where they don t belong or flash a concealed weapon in the workplace to test reactions Frustration Most cases of workplace violence don39t involve a panicked individual who perceives the world as falling apart A more likely candidate is an employee who has a frustrated sense of entitlement to a promotion for example Obsession An employee may hold a grudge against a coworker or supervisor which in some cases can stem a romantic interest I Interventions to Improve Workplace Health and WellBeing 0 Measuring and Monitoring Health and Well Being I Record Keeping of Workplace Chemicals I Monitoring Exposure to Hazardous Substances o Illness Prevention I Reducing Presen teeism El Presenteeism employees going to work even though they are sick I Genetic Screening 0 Stress Management I Cognitivebehavioral stress management training helps employees change their beliefs about their challenging situations I Relaxation stress management training used to increase employee39s awareness of their tension and learn techniques to increase calmness 0 Wellness Programs I Weight Loss I Smoking Cessation I HIVAIDS El Effective prevention programs have four components 1 Educating employees their families and the surrounding community about how to avoid HIV infection 2 Free and voluntary testing and counseling 3 Treatment for other sexually transmitted diseases that facilitate HIV transmission 4 Distribution of free condoms I Health Assessments Wellness Incentives El Incentives like health care insurance premium discounts can be given as long as 0 The reward does not exceed 20 percent of the cost of coverage The program is designed to promote health or prevent illness Eligible employees can qualify for the reward at least once a year The reward does not discriminate based on medical condition meaning the company must provide reasonable alternatives to employees who would have difficulty meeting the health goal 000 0 Employee Assistance Programs I Top five reasons employers offer EAPs to their employees 1 mew To enhance employee wellbeing To improve morale To reduce absenteeism To promote good employee relations To enjoy the benefits of their costeffectiveness 0 Assessing ntervention Effectiveness I Evaluate Revise MANA 4330 Page 7 I Current Issue 0 Privacy I Private Act of 1974 the first major statute to address issues of privacy directly and it gave individuals the right to verify information collected about them and used by federal agencies no private employers El Allowed individuals to 0 Determine which records pertaining to them are collected used and maintained 0 Review and amend such records 0 Prevent unspecified use of such records 0 Pursue a civil suit for damages against those who intentionally violate the rights specified in the act I Privacy rule of HIPAA prevents health care plans or providers from disclosing health information about individuals to other including their employer 0 Dealing with the Use of Medical Marijuana I Employers in those 15 states have two basic options 1 Treat it like any other illegal drug 2 Treat it like any other legal drug Chapter 14 Understanding Unionization and Collective Bargaining I The Strategic Importance of Unionization and Collective Bargaining I Unionization the effort by employees and outside agencies unions or associations to act as a single unit when dealing with management over issues relating to their work I Collective bargaining includes the negotiation of work conditions the interpretation and enforcement of the collective agreement and the resolution of conflicts arising from the agreement 0 Flexibility I Managers Decision Freedom El Justcause clauses in collective bargaining agreements detail the specific grounds for discipline or provide a general statement that discipline can only occur for proper and just reasons I Employee Voices El Employee Voices refers to the policies and programs that allow employees to express their opinions to management 0 Costs 0 Profitability I Unionization and Collective Bargaining Within An Integrated HRM System 0 Other HR Activities 0 The Organizational Environment I The External Environment 0 Unions I A Brief History of Unions I Decline in Membership I Local Unions El Business Representative a fulltime employee handling worker grievances and contract negotiations El Steward an employee elected by the work unit to act as the union representative at the workplace and respond to company actions against employees that may violate the labor agreement MANA 4330 Page 8 I National Unions 1 National Education Association NEA 32 million 2 Service Employees International Union SEIU 22 million 3 American Federation of State County and Municipal Employees AFSCME 16 million 4 International Brotherhood of Teamsters IBT 14 million 5 United Food and Commercial Workers UFCW 13 million I Federations of Unions III AFLCIO largest federations of national unions 0 Laws and Regulations I National Labor Relations Act of 1935 III NLRA Wagner Act specifies and bans five employer actions that are used to stop unionization 1 Interfering with restraining or coercing employees who exercise their right to organize Dominating or interfering with the formation or administration of a labor union Discriminating in any condition or term of employment to affect membership in a labor union Retaliating against employees for filing unfair labor practice charges Refusing to bargain collectively with a legally chosen representative of employees III National Labor Relations Board NLRB independent federal agency chartered with enforcing the Wagner Act I Labor Management Relations Act of 1947 III LM RA TaftHartley Act specifies and bans six unions actions as unfair labor practices 1 2 3 4 5 6 Restraining or coercing employees who exercise their right to refrain from labor union activities Conducting strikes and boycotts in certain situations Causing an employer to discriminate in any condition or term of employment to affect membership in a labor union Charging excessive initiation fees or dues Refusing to bargain in good faith with the employer Featherbedding requiring employers to pay employees for services not performed III Righttowork state employees cannot be required to join the union as a condition of employment in a company that is already organized III Federal Mediation and Conciliation Service FMCS independent federal agency established to preserve and promote labormanagement peace and cooperation I Labor Management Reporting and Disclosure Act of 1959 III LandrumGriffin Act has found major components 1 2 3 4 A bill of rights for union members Reporting requirements for unions Election procedures for union officers Safeguards to protect for union funds and assets I Title VII of the Civil Service Reform Act of 1978 0 Political Landscape I Card checking a procedure that grants a union recognition by a company when 50 percent of the employees have indicated they are in favor of the union by signing authorization cards 0 Labor Markets MANA 4330 Page 9 I The Extended HR Triad o The LandrumGriffin Act specifies a number of responsibilities for unions and their officers I Managing funds and property of the union responsibly I Bonding all officers who handle funds I Filing information and financial reports annually I Complying with numerous officer election regulations I Attraction of Unionization o Dissatisfaction I Psychological contract consists of an employee39s unspecified expectations about reasonable working conditions requirements of the work itself the level of effort that should be expended on the job and the nature of the authority the employer should have in directing the employee39s work 0 Lack of Power 0 Management Efforts 0 Union Instrumentality I Union instrumentality the value an employee feels a union would have after weighing the costs and benefits against the likelihood of a union39s being able to obtain those benefits I The Union Certification Process 0 Soliciting Employee Support I Establishing Contact between the Union and Employees El Union salting the practice of union organizers seeking employment in companies without disclosing their true backgrounds in order to establish a base for union organizing activities I Authorization Cards and Request for Elections 0 Determination of the Bargaining Unit I Bargaining unit the group of employees that will be represented by the union 0 Preelection Campaign 0 Election Certification and Decertification I Election and Certification El Certification election determines whether the union is recognized as the legal representative of the employees in the organization I Election and Decertification El Decertification elections determine whether a union is removed as the legal representative of the employees in the organization I The Collective Bargaining Process 0 Terms of a settlement depend on I The type of bargaining I How the collective bargaining agreement is negotiated I The issues being negotiated I The conflict resolution techniques used 0 Types of Bargaining I Distributive Bargaining El Distributive bargaining each party negotiates with the goal of achieving its own best possible outcome El Adversarial relationship between union and management the union39s role is to gain concessions from management during collective bargaining and to preserve those concessions through the grievance procedure I Integrative Bargaining El Integrative bargaining focuses on creative solutions that reconcile integrate MANA 4330 Page 10 the parties39 interests and yield joint benefits El Cooperative relationship requires that union and management solve problems share information and integrate outcomes I Concessionary Bargaining El Concessionary bargaining employers seek givebacks or concessions from the unions promisingjob security in return El Twotier wage systems in which a separate lowerpaying wage system is created for new workers I Continuous Bargaining El Continuous bargaining joint committees with representatives from both labor and management meet on a regular basis to explore issues and solve problems of common interest 0 Characteristics of continuous bargaining ltgt Frequent meetings during the life of the contract ltgt A focus on external events and problem areas rather than on internal problems ltgt Use of the skills of outside experts in decision making ltgt Use of problemsolving integrative approach I Intraorganizational Bargaining El ntraorganizational bargaining the representatives for labor and management confer with their respective constituents over changes in bargaining positions 0 Negotiating the Agreement I Negotiating Committees I The Negotiating Structure I Preparation of Bargaining El To prepare for union negotiations management needs to complete four tasks 1 Preparation of specific proposals for changes in contract language 2 Determination of the general size of the economic package that the company expects to offer during the negotiations 3 Preparation of statistical displays and supportive data that the company will use during negotiations 4 Preparation of a bargaining book for use by company negotiators that compiles information on the issues that will be discussed giving an analysis of the effect of each issue its use in other companies and other facts El Unions collect information on 0 Financial situation of the company and its ability to pay 0 Attitude of management toward various issues as reflected in the past negotiations or inferred from negotiations with similar companies 0 Attitudes and desires of employees I Factors Affecting Bargaining 0 Issues for Negotiation I Mandatory issues those that are employers and employee representatives unions are obligated to meet and discuss there are according to the act quotwages hours and other terms and conditions of employmentquot I Permissive issues those that are not specifically related to the nature of the job but still of concern to both parties I Prohibited issues concern illegal or outlawed activities that is issues that may not be discussed in collective bargaining sessions I Total Compensation I Benefits and Services I Hours of Employment MANA 4330 Page 11 Institutional Issues Administrative Issues 0 Conflicts and Their Resolution Strikes El M occurs when the union is unable to get management to agree to a demand it believes is critical and tells employees to refuse to work at the company El Employers will be expected to 1 Reinstate strikers in all of the positions that remain unfilled unless the employer has substantial business reasons for doing otherwise 2 Establish a preferential hiring list for displaced strikers to facilitate their recall as new openings occur Lockouts El Lockout occurs when management refuses to allow employees to work Slowdowns Primary Boycotts Corporate Campaigns Mediation Arbitration 39 Maintenance and Evaluation 0 ContractAdministration Grievance Procedure El Common sources 0 Outright violation of the agreement 0 Disagreement over facts 0 Dispute over the meaning of the agreement 0 Dispute over the method of applying the agreement 0 Argument over the fairness or reasonableness of actions El Common grievance procedure involves 1 An employee who feels that the labor contract has been violated usually contacts that union steward and together they discuss the problem with the supervisor If the problem is simple and straightforward it is often resolved at this level 2 If agreement cannot be reached at the supervisor level or if the employee is not satisfied the complaint can enter the second step of the grievance procedure Typically an HR representative of the company now seeks to resolve the grievance 3 If the grievance is sufficiently important or difficult to resolve it may be taken to the third step Although contracts vary they usually specify that toplevel management and union executives be involved at this stage These people have the authority to make the major decisions that may be required to resolve the grievance 4 If the grievance cannot be resolved at the third step an arbitrator will likely need to consider the case and reach a decision The arbitrator is a neutral mutually acceptable individual who may be appointed by the FMCS or some private agency The arbitrator holds a hearing reviews the evidence and then rules on the grievance The decision of the arbitrator is usually binding El Wildcat strike if a contract specifically forbids strikes during the tenure of the collective bargaining agreement a strike is not legal Grievance Issues El Common types of union grievance discipline and discharge however there are MANA 4330 Page 12 these issues 0 0 Absenteeism can be grounds for discharge and a grievance procedure may be used to determine whether the absenteeism in question is excessive nsubordination is either failure to do what the supervisor requests or the legal and if the employee is warned of the consequences discipline for refusal to respond is usually acceptable Seniority is typically used to determine who is laid off bumped from a job to make way for someone else or rehired ts calculation is of great concern to employees and may be a source of grievance Compensation for time way from work vacations holidays or sick leave is also a common source of grievances Holidays cause problems because special pay arrangement often exist for people working on those days Wage and work schedules may lead to grievances Disagreements often arise over the interpretation or application of the agreement relating to such issues as overtime pay pay for reporting and scheduling Exercise of such management rights as the right to introduce technological changes use subcontractors outsource or change jobs in other ways can lead to grievances Outsourcing offshoring and the hiring of replacement workers are increasingly becoming issues that result in grievances El Employees have the right to present their own grievances on an individual basis I Management Procedures I Union Procedures El Unfair representation is usually related to one of four types of union behavior 1 2 4 Improper motives the union cannot refuse to process a grievance because of the employee39s race or gender or because of the employee39s attitude Arbitrary conduct unions cannot dismiss a grievance without investigating its merits Gross negligence the union cannot recklessly disregard the employee39s interests Union conduct afterfiling the grievance the union must process the grievance to a reasonable conclusion 0 Evaluating Effectiveness I Evaluating Negotiations I Evaluating Conflict Resolution I Current Issues 0 Global Unions 0 The Power of Public Sector Unions MANA 4330 Page 13


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