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by: Dr. Eulah Legros


Dr. Eulah Legros
GPA 3.97


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Class Notes
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This 16 page Class Notes was uploaded by Dr. Eulah Legros on Monday October 19, 2015. The Class Notes belongs to BA 453 at Oregon State University taught by Staff in Fall. Since its upload, it has received 15 views. For similar materials see /class/224480/ba-453-oregon-state-university in Business Administration at Oregon State University.

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Date Created: 10/19/15
BASIC FEATURES OF THE US LABOR RELATIONS POLICYSYSTEM 1 LEGAL RECOGNITION Federal Law covers private sector labor relations 1 National Labor Relations Act 1935 2 Taft Hartley Amendment 1947 3 Landrum Griff39m Amendment 1959 Federal or State Law covers public sector labor relations 1 Civil Service Reform Act 1978 federal employees 2 State Laws cover state public sector labor relations State Right to Work Laws Brief History of American Labor Movement 2 UNIONIZATION Legal Right to Form amp Join Unions Exclusive Representation Unionization Process HPV39PP PL Organizing Effort by Employees andor Union NLRB conducts Election if 30 support Union De nition of Bargaining Unit jobs Election Campaign by Employer and Union 30 45days Representation Election by secret ballot If Union prevails then 12 mos to bargain contract If Employer prevails then must wait 12 mos before new effort Decerti cation if employees do longer want union rep Unfair Labor Practices TIPS Parameters for Free Speech 3 COLLECTIVE BARGAINING legislative process Statutory vs Contact Law A Private System of Employment Law Decentralized by Industry or Sector Mandatory Subjects for Bargaining Wages Hours amp Working Conditions Good Faith Bargaining Standard Negotiation Process Equot 5 9quot Two Types incorporated in same process 1 Economic Distributive 2 Non Economic Integrative Proposals by both Parties amp Search for Common Ground Incremental Agreements during process Each party has a set of desired outcomes expectations and tolerance limits overlap results in bargaining zone Final Offers resulting in Settlement or Impasse Contract Rati cation by Union Employees Vote to Accept or Reject Fact Finding andor Mediation FMCS Interest Arbitration Strikes amp Lockouts Hot Cargo amp Secondary Boycotts Government Role is Passive except in national crisis situations Subcontracting issues amp restrictions 4 LABOR CONTRACT ADMINISTRATION admin amp judicial process Employer has burden to implement terms of new labor contract Union Oversight during term of contract to insure compliance Dispute Resolution via Grievance Procedure 1 Contract Interpretation Burden of Proof rests with Union 2 Disciplinary For Cause Burden of Proof wEmployer 3 Multi Step Process Appeal to higher levels of Authority 4 Grievances vs Bargaining during term of contract Arbitration as nal step in Grievance Procedure Exceptions 1 Quid Pro Quo for No StrikeNo Lockout clause 2 Joint Selection of Arbitrator FMCS AAA other sources 3 Arbitrator s Decision is Final and Binding on parties Just Cause Standard for employment related actions toward employees Past Practice is controlling if Contract is silent on issue provided it is long standing well known and consistently applied Joint Employer Union Health Insurance Trusts amp Pension Trusts Compliance Audits no Government oversight 5 RECENT HISTORY OF US LABOR CONFLICT Perceptions vs Reality Impact of the Media Ugly Mixes Responsible amp Less Responsible Employersand Responsible amp Less Responsible Unions Less than1 of labor contract negotiations result in a Strike or Lockout Union Management Cooperation Efforts What works when amp how amp why 6 LOBBYING EFFORTS BY BOTH PARTIES Current Issues Extent of Political Impact 7 FUTURE OF US UNIONISM Factors in uencing unionism in future 1 shifts in socio economic status 2 health of economy 3 globalization 4 free trade 5 politics Factors in uencing employees to join unions Union Free Workplace Strategies by Employers Employee Handbooks vs Labor Contract Procedural Justice Union Organizing Strategies International Unionism Relation of BA 453 Human M to COB mission values and strategy Experiential Learning The design of the course entails a range of experiential exercise to apply HRM concepts and tools Further students are assigned to small groups for study and presentations and learn a full range of interpersonal skills which are applied and practiced in their groups Social Responsibility The concept of social responsibility is integrated into the entire course given the nature of HRM Such integration is facilitated by the study and critique of 1 employment and labor laws 2 applicant amp employee lights and fair treatment 3 responsible recruitment and screening practices 4 socially responsive employee bene ts and 5 labor and employee relations Students are encouraged to strive to improve the quality of work life in our society Partnering An entire class is devoted to an Employee amp Labor Relations forum in which members of the business community are invited to participate and students are encouraged to engage them with HRM issues Further students can conduct eld research in businesses preparing an analysis of speci c HRM practices and recommendations for improvement This course is required for Construction Engineering students and students with non Business majors often enroll in the class Technology Students use information technology in making class presentations and conducting research Sustainability Sustainability is included in the criteria for HRM decision making Moreover the concept of sustainability is applied to the human environment in the context of HRM Entrepreneurship Students learn how to integrate HRM concerns and sound high performance HRM practices into entrepreneurial ventures Innovation Issues of intellectual propelty are discussed in the context of HRM employment practices Methods of organizational development innovation intervention and change management are reviewed and subsequently applied in case analysis Ethics Ethical theory and considerations are integrated into the entire course beginning with the inclusion of ethical and fair treatment in the criteria for HRM decision making The application of these concepts in situational exercises and cases occurs during the entire course Moreover there is a class that is devoted to Ethics and Distributive amp Procedural Justice in Employee Relations Global Economy An entire class is devoted to global HRM in which students study differences in HRM philosophy and practices in primarily European and Asian countries Further a major case involving issues of international labor practices is also analyzed and discussed Students with global interests are also encouraged to conduct research in the HRM practices of a speci c country Some recent examples were Norway Ireland France New Zealand Korea and Japan Teamwork The course is designed to help students learn how to effectively function in small groups and promote teamwork Personally I make an effort to be engaged with other members of the faculty in sharing ideas and materials and I value and enjoy collegiality Excellence in Teaching The design of the HRM course and my teaching philosophy and style has been continuously critiqued via student and colleague feedback in an effort to improve learning Prepared by S Mayer OSUCOB 404 OCCUPATIONAL HEALTH amp SAFETY IN THE WORKPLACE At first glance safety in the workplace seems simple enough ie avoid the risk of an injury or accident However it is a managerial iceberg with considerable unseen complications and risks Clearly workplace safety is part of a manager s HRM responsibility The cost and liability of workplace injuries can be enormous for both employee who suffers the pain and inconvenience of injury and employer who bears the cost of workers compensation and worker replacement Presuming that safe work practices and conditions exist or ignoring clear indicators to the contrary can result in the assumption of tremendous risk exposure In the face of competing business priorities however it may only be afforded mere rhetoric or passing attention by managers The purpose of this material is to clearly present concepts and tools to facilitate effective occupational health and safety risk management Here are some fundamental concepts 1 Overriding Goal A safe and injuryfree workplace 2 Measures Frequency and severity of workplace injuries workdays or calendar days without an injury or lost time injury cost of claims 3 Causes of Injury Unsafe work conditions and practices unsafe employee behavior see Safety Pyramid 7 Levels of Analysis 7 below 4 Applicable Government Regulations OSHA and Workers Compensation Note that OSHA is a federal law 1970 although 26 states have opted to have their own OSHA programs Workers compensation is most often governed by state laws and workers compensation benefits vary widely across states 5 Regulatory Compliance Enforcement Methods OHSA inspections of the workplace State Audits of selfinsured administration of workers compensation claims see below 6 Primary Focus of OSHA A broad range of unsafe work conditionspractices 7 Primary Focus of Workers Compensation Protection of injured worker from income loss and medical expense resulting from the injury 8 Most Common Issue High level of OSHA compliance does not necessarily result in injury prevention because most workplace injuries are caused by unsafe behavior and practices not unsafe work conditions the latter is the primary focus of OSHA 9 Common Employer Interventions Proactive Loss Prevention and Loss Control Programs with primary focus on unsafe worker behaviorpractices and proactive claims management see below The potency and effectiveness of such programs are in uenced by a wide range of factors as described below Safetv Pvramid Levels of Analvsis and Intervention The following levels of analysis focus on the causes of occupational injuries and illnesses Conceptually think of a pyramid the construction of which is from the bottom up So the lowerlevel needs must be sufficiently addressed before higher levelneeds can be effectively addressed Ethical Balanced self interest Attitudinal Self responsibility amp efficacy Behavioral Work practices amp employee behavior Environmental Working conditions Cultural Management philosophy amp work norms Cultural Considerations To effectively manage occupational safety and health managers need to first examine and address cultural factors such as l The visible presence of Management Commitment and Support 2 The presence of inhibiting and or facilitating Workplace Norms and Mindsets see Characteristics of Work Cultures with High and Low Injury Rates below 3 The presence and promotion of highly safety goals and programs 4 The solicitation of Employee Input Feedback and 5 The prevailing underlying HRM Philosophy Environmental Considerations Once cultural factors have been examined and addressed managers need to examine work environmental factors such as l The presence of any unsafe work conditions and hazards refer to the OSHA general duty clause and related regulations 2 The presence of any ergonomic constraints due to work or facility design especially those contributing to repetitive motion or heavy lifting injuries 3 The presence of serious OSHA violations the most common OSHA violations are HAZCOM machine lockout machine guarding hearing conservation unsafe surfaces stairs and high exposure areas lack of personal protective equipment and evacuationemergency practices 4 The presence of OSHArequired recordkeeping and posting 5 The presence and effectiveness of an employee safety compliant procedure to promote the identification and correction of unsafe conditions hazards and practices in the workplace Note that employees can file such complaints directly with OSHA 6 The findings of OSHA Consultation by invitation or other independent audits in identifying workplace safety concerns and 7 The presence of OSHA citations and fines from inspections and the effectiveness of addressing any items identified or appeal if citations and fines are unreasonable Behavioral Considerations Once environmental factors have been adequately examined and addressed managers need to examine behavioral factors such as IllIIIIIIIIIIllIIIIIIIIIIllIIIIIIIIII llIIIIIIIIII llIIIIIIIIIIIIIIIIIIIII l The presence of unsafe work practices and behav1or among employeeS39 IIIIllIllIIIIIIIIIIllIIIIIIIIIIllIIIIIIllIIIIIIIIIIIIIIIIIIIIIIIIII Effective Loss Prevention programs generally have the following characteristics Highly visible promotion of workplace safety goals and programs to employees IIIEIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIllill 1 Primary focus is the prevention of injury by the reduction of unsafe work practices and behavior 2 Proactive identification and reduction of work environmental constraints of safe work behavior using a wide range of methods e g ergonomic job redesign hazard analysis job specific SOP safe operating practices training in proper body mechanics and prework stretching safety orientation for new and recently promoted employees etc 3 Proactive evaluation of human factors contributing to unsafe practices or injuries using a wide range of methods e g injury investigation and analysis direct observation of work by supervisors and third parties human capacity testing wellnessfitness programs exible work schedules or assignments to reduce fatigue peer in uence to promote prosafety attitudes etc 4 Highly visible measurement and communication of results including injury statistics 5 Highly visible and empowered Safety Committee with equal management and employee participation and 6 Recognition of success through a range of employee award not incentive programs Loss prevention is hard work requiring constant attention by managers If a manager is in a workplace with high occupational injuries and passive attitudes regarding safety the implementation of the foregoing elements of effective loss prevention programs may initially require a comprehensive evaluation of the WORK CULTURE itself to determine if it is supportive of change To facilitate such a manager can examine the characteristics of work cultures with high and low injury rates and compare them to their workplace Characteristics of Work Cultures with High and Low Injury Rates HIGH INJURY LOW INJURY Focus solely on Unsafe Work Conditions Focus primarily on Unsafe Behavior Serious ergonomic exposure Proactive ergonomic work redesign Attitude Injuries are inevitable Attitude Injuries are preventable Unclear work safety rules Well known understood safety policies Lack of job safety training Comprehensive training re safety Lack of safety accountability Employee is accountable for their safety someone else sjob everyone sjob 7 employee selfmanages Supervisor is a safety cop Supervisor is a safety advocate Lack of corrective action Urgent response capability Minimal OSHA compliance Proactive job hazard analysis MM Safety Committee Empowered Safety Committee No concern for fitnesshealth High concern amp wellness program HR Manager oversees effort No union support Dept Managers oversee effort Highly visible union support These characteristics are polarized for sake of illustration each organization s work culture can be mapped by indicating the degree to which they re ect each of these characteristics Moreover the same organization may have subcultures which vary widely in the type of safety adverse or supportive work environments Effective Loss Control programs have the following characteristics 1 HpW QP39HeP N When an injury occurs there is an immediate medical response first aid paramedics etc Constant communication with the injured employee Injury investigation including the resolution of factual disputes Return to Work programs to facilitate rehabilitation and recovery Timely filing of workers compensation claims Legally challenging any claims perceived as fraudulent Correction of any underlying conditions or practices causing the injury Comprehensive WC claims administration TPA if self insured Establishment of a relationship with a Occupational Health provider and When necessary injured workers are removed from workplace via Rehabilitation and Retraining programs to facilitate their continued gainful employment Human Resource Management BA 453553 Fall 2006 Employee Privacy Issues Debate November 30 2006 TIMELINE I Review Debate Format I Prepare for Debate individual 0 Conduct research 0 Write opinion paper due day of debate May be written individually or in groups of two I Prepare for Debate team 0 Determine team s topic in class Determine team s speakers two per team Prepare slides no more than 6 slides per team plus a team slide Background for PowerPoint slides will be posted on my web pa e g Send slides to sandyneubaumbusoregonstateedu by 1000 pm 112806 I Participate in debate class 113006 0 O O O DEBATE INFORMATION Key Issues 0 PRO Companies have a right to drug test their employees has a condition of employment or continued employment as long as they comply with Federal and State laws vs CON Drug testing is a violation of an employee s privacy Employers should mandate drug testing as a condition of hiring or continued hiring only when required by Federal or State laws 0 PRO Companies should be allowed to establish any employee monitoring programs within the workplace they deem suitable they comply with Federal and State laws vs CON Current monitoring programs used by employers are invasive and a violation of an employee s basic right to privacy Examples might include monitoring emails phone calls internet usage keystrokes and other forms of electronic monitoring 0 PRO Employees should be held accountable for behavior outside of work that may have a negative impact on an individual s ability to perform hisher activities at work or increase a company s liability CON The actions of employee outside of work should not be considered a work related issue and should have no bearing on work performance Examples might include smoking violating company dating policies blogs political or religious af liations and expressions of unpopular controversial viewpoints Debate Format 0 Two speaker per team rest of team will actively participate in debate 7 note speakers will remain standing and will hold key debate positions representing your team for the entire debate 0 Each team will have 6 minutes to present their position maximum of 6 slides plus a team slide 0 Include a Team slide in addition to the 6 with I name of team I issue and team position ie PRO Employee Drug Testing Debate Structure Facts Neutral unbiased facts on all issues Pro For Drug Testing Employee vs Pro For Monitoring Employees vs Inside the Workplace Pro For Monitoring of employees vs Outside ofthe Workplace Con Con Against Drug Testing Employee Against Monitoring Employees Inside the Workplace Against Monitoring of Employees Outside ofthe Workplace OPEN LECTURE HUMAN RESOURCE MANAGEMENT Facts or Fiction Cut to the bare reality 1 This is a Business School so the goal is to train people to run a business 2 In a free market competition is a good thing Alternative 3 What resources drive a business Capital Technology Natural Human 4 How is competitive advantage gained Leverage resources differences 5 What are the characteristics of a resource Limited supply depletion etc 6 What is HRM The various mechanisms to use people to run a business 7 Why use the term human resource instead of people or personnel 8 In what ways are humans a resource Look at the resource in HR a Cognitive intelligence can lead to invention innovation etc b Range of competencies knowledge experience skills c Capacity to work perform tasks d Capacity to sustain work over time personal health motivation e Emotional intelligence 9 How stable are human resources a Capable of growth or atrophy ability health motivation b Threats to depletion c Political stability social governance d Illusion of employment commitment 10 Look at the human in HR What does it mean to be human a live body living organism morbidity and mortality health and tness self awareness and insight intrapersonal dynamics environmental awareness and impact capable of thought wide range of intelligence capable of feeling deep range of emotionality social interaction amp function capable of actionbehavior capable of choice free will vs determinism capable of good and evil h rrqensbspup Note In our last session together we will explore our humanity in more depth Magic and Myths in Human Behavior 1 Pygmalion Effect Theory X amp Y amp Z 2 The People Productivity TradeoffScale GRID 3 We cannot escape our past we are who we became Garbage 4 Our personality is xed Our capacity for intelligence is limited 5 We cannot change our future we are locked in Self Talk 6 Artist and Artwork if people saw your portrait what would they say 7 Human motivation what drives it WHAT A MANAGER NEEDS TO KNOW ABOUT EMPLOYMENT DISCRIMINATION It is important for managers to be aware of and engage in legal employment practices Otherwise they could be at risk of discrimination The threshold question is Are employment laws an opportunity or nuisance If the latter perspective is adopted then the strategy is often one of insuring minimal compliance to avoid liability If the former perspective is adopted then the strategy is usually one of embracing the laws fully and seeking to create a fair and non discriminatory work environment There are a multitude of federal and state employment laws but the primary ones are Civil Rights Act 1964 amended 1991 Age Discrimination in Employment Act ADEA Pregnancy Discrimination Act amp state paternity leave laws Family Medical Leave Act FMLA American with Disabilities Act ADA Executive Orders requiring Af rmative Action Veteran Employment Rights laws Immigration laws State laws covering other protected classes or conditions Fair Labor Standards Act inc Equal Pay Act National Labor Relations Act Occupational Safety amp Health Act OSHA Response to a Complaint To best illustrate how a manager should respond it is imp01tant to understand the pitfalls which often lead to further litigation or regulatory agency intervention The most common pitfalls or mistakes by managers are 1 Ignoring the complaint assuming it will go away that any attention focused on it will likely cause more problems rather than fewer ones Simply not true Deal with any complaints immediately and assure the person making the complaint that that is your intent 2 Inadequate Discovery engaging in super cial fact fmding investigations to undercover suf cient facts to dismiss the complaint A thorough investigation is essential using a third paIty as necessary 3 Factual Disputes presuming that she said he said factual con icts are cannot be resolved thus suspending further efforts Note that our legal system has a mechanism to resolve factual disputes a jury Expand the investigation is resolve such factual disputes 5 Equot 0 gt 9 9 p t Honoring Con dentiality vs Acknowledging Notice often a complaint is expressed con dentially to avoid rocking the boat but managers have a duty to treat such complaints as legal notices and report such to upper management Blind Referral often a person with a complaint is referred to the HR Manager or upper management without follow up It is preferable to not make such referrals but to rep01t such complaints directly Inadequate Corrective Action when discovery reveals that the complaint is valid often action to address it is inadequate thus acerbating the matter Person engaging in discriminatory behavior need to be put on written notice that it will not be tolerated Lack of Follow up even if adequate corrective action appears to have been taken a failure to follow up with the person expressing the complaint to verify that the matter is indeed corrected HR Exclusion given the norms of the organization managers may be reluctant to report such complaints for fear of being viewed as inadequate managers Ignorance as a Defense managers may hear of issues or concerns via a third or simply block such feedback assuming that what they don t know can t huIt them Not a sound legal defense much less a healthy employee relations practice Lack of Prompt Response to an EEOC complaint or law suit when served some managers become paralyzed and delay response Not good There are deadlines for response and investigations take time Preventative Strategies Managers have a responsibility to create a healthy employee relations climate and communicate policies which facilitate such Some of the proactive preventative things managers can to do to minimize complaints and more importantly insure a work culture free of illegal employment practices are 1quot Equot M 5 Equot 0 Clear Policy adopt and communicate a zero tolerance policy and monitor its on going implementation Advocate amp promote it Continuous Training provide relevant training to all employees not just managers Value Diversity advocate the value of an ethically diverse work environment and encourage activities to promote social interaction Philosophy adopt a Theory Y approach in employee relations promoting fairness and equal treatment Complaint Procedure as paIt of the policy communicate the existence of a complaint procedure and encourage employees to use it preferably before considering legal action Integrity of Investigations insure that fact fmding is careful thorough and well documented 7 Corrective Action take effective action to address the concern so that it will not continue 8 Surveys amp Audits don t wait for complaints Rather periodically survey employee opinion and audit policy implementation 9 Deep Probe conduct random employee interviews to discover concerns which may not otherwise be expressed until they become major problems 10 Litigation Strategy make it known that the company will legally ght any fraudulent or manipulative complaints Time invested in preventative action is a sign of a progressive management philosophy and leadership


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