Legal Implicaiotn of human resource management Essay

A br early(a)wisehood is an system of workers, acting embodiedly, look toing to promote and protect its mutual interests through with(predicate) corporate dicker. However, before we potbelly examine the activities surrounding the collective bargaining process, it is outstanding to understand the laws that govern the labor- commission process, what marrows ar and how employees married coupleize. Although the current percentage of the workforce that is nonionic has declined steadily, there ar still many employees who feel that the workforce is ready for a positive response by employees to a modern military campaign in organizing.The main reasons for concretion organizing are higher wages and benefits, great job security, influence over work rules, compulsory membership and universe upset with management. Among various reasons why employees join a marriage, we see atomic number 53 parkland factor management, specially the first-line supervisory program. If employee s are upset with the way their supervisor handles problems, upset over how a coworker has been disciplines, and so on, they are equally to seek help from a conglutination. In fact, it is reasonable to believe that when employees vote to unionize, its often a vote against their adjacent supervisor rather than a vote in support of objet darticular union.CASE In the provided case, the employees are upset with company since employer rolled out its fancy to organize employees into teams, qualify job titles, work assignments and the pay structure. Beside that employees were told this is how it depart be. I am works as the top HR Manager and have to deal with this situation. beginning(a) of all I would learn some basic legal implications of union organizing. The legal framework for labor-management relationships has played a crucial role in its development. There are two important laws that have shaped ofttimes of the labor relations process.Wagner impress Also knows as the Natio nal repulse Relations portrayal of 1935, this act gave employees that right to form and join unions and to pursue in collective bargaining. The Wagner Act is cited a shifting the pendulum of power to advance unions for the first time in U. S labor history. This was achieved, in part, through the establishment of National Labor Relations Board (NLRB). The Wager Act provided the legal recognition of unions as legitimate interest groups in American society, but many employers opposed its purposes. Some employers, too, failed to live up to the requirements of its provisions.Thus, the habitual opinion that the balance of power had swung too far to labors side, and the public outcry stemming from post-World War II strikes, led to passage of the Taft-Hartley Act (Labor- focal point Relations Act) in 1947. The Taft-Hartley Act Amended the Wagner Act by addressing employers concerns in basis of specifying unfair union labor practices. reliableizing that unions and employers might no t bump off agreement and that work stoppages might occur, Taft-Hartley to a fault created the Federal Mediation and conciliation Service (FMCS) as an independent agency separate from the Department of Labor.FMCS is a government agency that assists Labor and management in settling disputes. The Wagner and Taft-Hartley Acts were the about important laws influencing labor-management relationships in the United States, but there are other laws that influence the labor organizing. Specifically, these are the Railway Labor Act the attain rum Griffin Act Executive Orders 10988 and 11491 the Racketeer Influenced and Corrupt Organizations Act of 1970 and the Civil Service Reform Act of 1978. The Civil Rights Act of 1964 (discussed in previous module) is as relevant to labor institutions as it is to management.Title cardinal of the act is focused on this subject. In the provided case, it seems like there is already union getting into shape. The labor laws do permit us as HR Manager to defend ourselves against the union campaign, but we must do it properly. I would follow the following guidelines of what to do and what not to do during the organizing drive. * If your employees deal for your opinion on unionization (as my supervisor is asking me this question), should respond in a natural manner.For example, I really have no station on the issue. Do what you think is best. * You can prohibit union-organizing activates in your work during work hours only if they interfere with work operation. This may apply to the organizations e-mail, too. * You can prohibit outside union organizers from distributing union training in the workplace. * Employees have the right to distribute union information to other employees during breaks and lunch periods. * dont question employees publicly or in private about union-organizing activities- for example, Are you planning to go to that union rally this spend? but if an employee freely tells you about the activities, you may lis ten.* Dont snitch on employees union activities, for example, by standing in the cafeteria to see who is distributing pro-union literature. * Dont make any threats or promises related to the possibility of unionization. For example, If this union effort succeeds, upper management is seriously thinking about resolution down this plant, but if its defeated, they may push through an immediate wage increase. * Dont discriminate against any employee who is involved in the unionization effort. Be on eh lookout for efforts by the union to pull employees to join its ranks.This activity by unions is an unfair labor practice. If you see this occurring, musical composition to your boss or to HR. Company might slow want to remove filing a complaint against the union with NLRB. Keeping all the above points checked, I will also keep in mind that union organizing drives may or may not be successful, but when they do achieve their finish to dumbfound the exclusive bargaining age, the next pure tone is to negotiate the hire or demands.Now, Ill get myself ready on with my first line supervisors, for the next expected step collective bargaining. This typically refers to the negotiation, administration, and interpretation of a written agreement between two parties that covers a specific period of time. This agreement, or prune, lays out in specific terms the conditions of employment that is, what is expected of employees and any limits to managements authority. Although collective bargaining is mostly used in public sectors, however it is also common in private sector.My employees are upset because of three months old alter based on my supervisors comments I assume that union has been certified I might come up with a new set of interpretation of this change between my management and employees. I will make sure that my management and the union must negotiate in good faith over these issues. I would follow the following collective bargaining process outline in order to resolve these issues Preparing to treat Once a union has been certified as the bargaining unit, both(prenominal) union and management begin the ongoing activity of preparing for negotiations.We can affect the preparation for negotiation as composed of three activities fact gathering, goal setting, and strategy development. Information is acquired from both internal and external sources. With all the ingathering of this background information in hand, and tentative goals established both union and management must put together the most difficult part of the bargaining preparation activities, a strategy for negotiations. This includes assessing the other sides power and specific tactics.Negotiating at the Bargaining Table Negotiation customarily begins with the union delivering to management a list of demands. By presenting many demands, the union creates significant room for trading in later stages of the negotiation it also disguises the unions real position, leaving management to determine which demands are adamantly sought, which are moderately sought, and which the union is prepared to quickly abandon. Real negotiations typically go on behind closed doors, each society tries to assess the relative priorities of the others demands, and each begins to combine proposals into workable packages.Next comes the attempt to make managements highest offer approximative the lowest demands that the union is willing to accept. Contract Administration Once a contract is agreed upon and ratified, it must be administered. Contract administration involves four stages (1) dissemination the agreements to all union members and mangers (2) implementing the contract (3) interpreting the contract and iniquity resolution and (4) monitoring activities during the contract period.Providing information to all concerned requires both parties to ensure that changes in contract language are spelled out. The stage of contract administration is ensuring that the agreement is imple mented. All communicated changes now take effect, and both sides are expected to comply with the contract terms. The most important element of contract administration relates to spelling out a procedure for handling contractual disputes. These contracts have provisions for resolving specific, formally initiated grievances by employees concerning dissatisfaction with job-related issues.As an HR Manager for a company with 1500 employees, who are instead upset with our management and are unionizing, I have tried to come up with a plan to resolve this issue. First of all, I gathered the legal information in this respect, I proposed some guidelines to avoid unionizing and last, I have discussed the plan in detail to resolve the issue in provided case. I would like to comment that although historically, the relationship between labor and management was built on conflict and the nterests of labor and management were seen as basically at odds-each treating the other as the opposition. But times have somewhat changes. Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower cost require employee involvement and commitment. Similarly, some labor unions have recognized that they can help their members more by cooperating with management rather than fighting them which is quite positive for both management and employees.