Under the National Labor Relations Board (NLRB), an employee has the right to:
- Form or attempt to form, a union among themselves
- Join a union whether it is recognized or not by the employer
- Assist a union in organizing his or her coworkers
- Engage in protected concerted activities, which are group activities that aim to modify wages or working conditions
Analyzing the case study, I can say that the organization has violated a number of NLRB’s provisions. In general, the provisions of the National Labor Relations Board forbid employers from committing unfair labor practices which interfere, restrain, or coerce employees in exercising their rights to organize, form, join or assist any labor organization for the purpose of collective bargaining, or engage in activities that seek to improve wages or working circumstances. The unfair labor practices that the company committed are as follows:
Due to the murder of a sales assistant while on duty, several employees contacted the union in order to represent all the employees. The company was quick to notify the union that there is an order that prohibits solicitation on company property. This act was followed by a series of acts that seemed to hinder the organization of a union in the said company.
1. The company also made use of benefits in order to discourage employees from supporting the union.
The company officials met with 200 sales assistants reminding them of the no solicitation policy. These assistants were paid for attending the meeting. During the meeting, the company officials were keen on convincing the employees that a union will do them no good and forming a union would be useless.
The employees voiced out their complaints about the company rules. The company was very quick in responding to these complaints. The next day, there were big changes regarding work. Sales assistants are now working a 40-hour workweek, the security of the stores was also improved. In addition, the company also directed its directors that no one would be required to work alone at night and that overtime must be paid.
The company also made changes in terms of the benefits that employees are entitled to. The company sent memo informing everyone in the organization regarding the additional improvements in life, major medical, and accident insurance plans in addition to death and family benefits. The disciplinary appeal system was also revised.
2. The company threatened to close a number of its stores should the employees pursue to establish a union that will represent them.
The union filed a representation petition with the NLRB in order to organize a union. The company president threatened to close the stores should the employees join the union.
These actions taken by the company are considered unfair labor practices as they seek to hinder or to prevent the employees to exercise their rights to join a union. The company made use of threats and benefits in order to discourage employees from joining the union. We can say that all these benefits and changes are deliberately timed in order to discourage employees from joining a union.
Evaluating Employee Relations
Employee relations is an HRM activity that covers communications, employee participation, conflict and grievance resolution, trade unions and collective bargaining. In evaluating the employee relations of the company, I must first determine the rules, regulations and government policies that is applicable to every area and measure if the organization is complying. In addition, the effectiveness of the procedures in areas such as grievance handling, performance evaluations and policy administration must be assessed.
The Ten Priority Employment Relation Areas are:
1. Recruitment and Selection – the recruitment and selection is an area that must be continuously reviewed in order to ensure that the company is complying with government regulations especially the EEO policies.
2. Human Resources Development – it is imperative that the human resources development activities of the organization comply with government regulations.
3. Job Description – the employees must understand the scope of their jobs in order to avoid legal complaints against the company.
4. Performance Management/Appraisal – the performance management ensures that the employees understand what is expected of them. The organization must develop a performance management system that is clear, timely and fair.
5. Employee Rewards, Compensation and Incentives – it is important to review the rewards, compensation and incentive packages of the company to avoid lawsuits and to make sure that they follow the government policies.
6. Employee Safety and Health – the company must continuously review its employee safety and health policies and ensure that they comply with government regulations.
7. Career Development – the career development process is an important area of employee relations as it helps the employee to progress in the organization.
8. Grievance Procedure – the grievance procedure is one of the vital areas that must be reviewed.
9. Management/Worker Relationships – the organization must maintain an effective employer-employee relationship.
10. Labor Relations – the employees must be actively involved in the decision-making process especially in issues regarding their work conditions.
Credit:ivythesis.typepad.com
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