BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations

Student Name

Capella University

BUS-FPX4046 Employee and Labor Relations

Prof. Name

Date

Introduction

The purpose of this paper is to explore the processes and key issues in conducting effectiveness and legally defensible workplace investigations, analyze HR best practices for administering the internal grievance procedure, compare alternative dispute resolution practices, and analyze labor laws relating to employee labor unions. There will also be an analysis of the ethical implications of unfair employer labor practices. The class scenario has the following questions: What is your next step after meeting with Les? How will you prepare for it? What would you do next? Why? How will you make the determination regarding the case? As an employee relations professional, which aspect of the case is most troubling to you? Why? Based on the information presented, including the evidence, what should be done? Why?

Key Issues

1) Les needs to be assured of confidentiality to the extent possible during the investigation. 2) Les needs to be afforded protection against any further harassment. He may voluntarily request a transfer, LOA, or to have his work schedule adjusted. 3) An investigator should be selected. This individual should be able to investigate objectively and be experienced in this type of investigation. They will need to have to pay attention to detail, be observant, discreet, and be able to communicate effectively. 4) Develop a plan. This plan will entail how evidence is gathered and involve how interviews are to be conducted. 5) Interview questions need to be created. The questions should encourage communication and be focused on the critical points. 6) Conduct interview with Karla and any possible witnesses. The investigator must be objective and interview without offering any opinions. Any observations from the interview should be recorded. Any follow-up questions are going to be important to build evidence. 7) A decision must be made. Once the evidence has been gathered, the investigator must recommend an action based on the policies of the organization. 8) The investigation should be closed. The decision of the investigator must be communicated to the accused as well as the complainant. The investigator needs to be sure that the complainant is comfortable returning to work. Steps should be taken to be sure this situation does not reoccur. These steps could include actions to correct the behavior, policy changes, or additional training. 9) Create a written summary with the results of the investigation. This report should include the actions taken during the investigation and any information that was collected. It should also cite the policies relevant to this case and state the conclusions and describe the employer actions.

A determination will strictly be based on the evidence that is found. In interviewing Karla, she admits that she had been mean and nasty to Les. But her rationale was to say that he deserved it. She thinks he made derogatory remarks about her but she can’t prove it (none of the three witnesses had said anything like this, but that Karla was harassing Les). The disturbing part of this is that the problem seems to be escalating and there is a higher chance of increased harm to Les. Karla is apologetic and feels bad that this interfered with work and asks to apologize to Les. Karla was given a warning about the harassment law and how the company views it. Karla was given a written warning stating that if there is another episode at work there will be automatic termination. Les will have further grounds to press charges. Karla is being moved to a different part of the company and the two individuals are now on separate shifts and should not see each other. Karla agreed to go to counseling and anger management for a period of two months and then she will go for a review to see if further counseling is needed or not.

The investigator must make a distinction between the facts in this dispute and any extraneous information. The facts would include such things as: Karla threw away the report, Karla was seen by 2 people posting the devil picture, and Karla admitted that she sent the text to Les that wasn’t very nice. Extraneous information would include Karla’s reasoning saying that Les deserved everything he gets for dumping her.

Best Practices

The definition of grievance is: a dissatisfaction or feelings of injustice in connection with an employee’s job situation which has been brought to the attention of management. The best practice for handling a grievance process is to use the grievance form. Once the form is filled out the supervisor has 5 days to respond to the grievance if that doesn’t satisfy the grievance issue it keeps getting escalated higher up within the company. If the union is involved then the union reps and the managers work to end the grievance and make sure that there is a solution to the problem in an effort to avoid possible litigation.

Potential causes of a grievance are as follows: economic reasons such as low pay, late bonuses, overtime pay adjustments, or late pay. It could also be to the working environment for instance, condition of the workplace, poor lighting, too hot or too cold, filthy conditions, defective tools or equipment, or unfair rules. It may be because of the lack of supervision, favoritism, biased by certain employees, or the attitude of the supervisor. It could also be other employees, a dispute between employees, feelings of victimization, humiliation, or ridicule.

The effects of grievance would be things like: low productivity, poor quality, increased waste, high absenteeism, increased accidents, and turnover. The effect on managers is a strained relationship with employees, increased supervision, increased disciplinary actions, and increased unrest.

Just because an employee dislikes their job, a manager, or a co-worker doesn’t mean that they have the right to file a grievance. A grievance must be a factual things such as poor working conditions or the items as listed above. The intent of the entire grievance process is to give the employees an outlet to try and make their workplace a better place, fair wages, safer place to work, and the ability to make their voice heard.

Compare Practices

The three most important things to be concerned about with ADR is confidentiality, fully resolving the conflict, and not letting the situation affect workplace productivity. To prevent retaliation from happening HR should avoid publicly discussing the grievance, never share information regarding the grievance to anyone other than the parties involved, and don’t isolate the employee.

The difference between types of ADR is third party review, arbitration, negotiation, peer review, mediation, private judging, final and binding arbitration, non-binding arbitration, and mediation/arbitration. The similarities are that the grievance is being heard, listened to, and deemed of its potential worthiness or not. The differences is that peer review is a panel of employees or managers that try to resolve the issue.

Third party review is a neutral third party that is hired to come in and look at the situation and try to resolve the issues. Private judging is where a company hires a retired judge to hear the dispute and try to resolve the issue. The private judge is binding. Arbitration is where the evidence is submitted to one or more impartial individuals that are experts in the field (of the problem) and they decide the outcome and their decision is binding. Mediation is where both parties meet with a mediator to try to get the issue resolved. The mediator is a neutral third party and is typically licensed, insure, and bonded. So when mediation fails arbitration can be used and then going to trial if necessary. Usually when employees are hired they sign an arbitration agreement so that if a dispute arises they will go through the arbitration process first. Therefore the arbitration, the private judge, and the final and binding arbitration and the decision is binding

(it can be appealed to the court but there has to be proof of bias with the arbitrator).

Labor Laws

Several of the basic laws came about because of unions. However this paper will address one these issues that the AFT and the SEIU agree with. In 2013 both the AFT and SEIU were lobbying lawmakers for a long-pending law outlawing discrimination against gays and lesbians on the job (called ENDA). This was to stop the sexual harassment of gay, lesbian, and Trans genders in the workplace. It just so happens that the president of both of these unions are lesbian and they are fighting for equality. As unions continue to gather strength by numbers they also gather a variety of alternative genders. ENDA is a key cause of gay, lesbian and transgender groups nationwide, including Pride@Work, the AFL-CIO’s gay-lesbianbisexual-transgender constituency group. It’s also a key cause of the two unions, whose presidents,

Mary Kay Henry (SEIU) and Randi Weingarten (AFT), are lesbian. The AFL-CIO’s other constituency groups previously pledged to work for ENDA’s passage. This is relevant in the world we work in today. Nobody can be or should be discriminated against because of their gender. However, I have to say this: It is wrong for a Transgender male to be utilizing the women’s bathroom when it is full of women. They can have their own GLBT bathroom. I have been in the women’s bathroom and a transgender male was in there trying to fix his wig while staring at all of the women in various stages of dress. This is outrageous and outlandish.

All of us that were in the restroom were uncomfortable with this situation and although no comments were made in front of this individual, when we got to our shopping carts the women were stating that they were just visually raped and charges needed to be filed. But who will listen and who really cares. As long as the precious few are protected the masses can get over it. I am absolutely appalled. If and when management has to deal with this in the workplace the LGBT group can have their own bathroom and the problem is solved. There is a much better alternative than just having the voices of these two unions address this issue. All of America needs to wake up and stand up for what is right in the masses. Unfortunately these unions force the employers to accept the GLBT gender groups to utilize whichever bathroom that they feel free to use. It is a sad day for us all and the unions should have only asked for their own private bathroom. What about my rights and my privacy. I’m sure most men would feel the same way if a woman was dressed as a man using the men’s bathroom. I don’t care what the law says in this regard it is not right, this is ethically and morally wrong. Changing clothes in the employee bathroom is a private thing and nobody should have to go through this.

Ethical Implications

Labor laws specify that it is illegal to discriminate against workers based on race, religion, gender, age, and etc. It is ethically wrong to discriminate against any of these groups. There are many other workers that are offered no such protection. For instance, as a manger I may discriminate against blondes, or short people, democrats, and cat lovers. It is just as unethical to discriminate against these groups regardless of the fact that it is completely legal. The fact is it is legal to discriminate against the above mentioned parties. My own supposition is that blondes are dumb or that cat lovers smell funny and are dirty. Still the fact remains, that it is ethically wrong to discriminate against these individuals. The NLRA affects work today by preventing an employer from interfering with employee’s right to organize or bargain collectively. The company cannot interfere with the formation of a labor union, discourage membership, and or discriminate against employees who testified under NRLA.

Conclusion

The purpose of this paper was to explore the processes and key issues in conducting effectiveness and legally defensible workplace investigations, analyze HR best practices for administering the internal grievance procedure, compare alternative dispute resolution practices, and analyze labor laws relating to employee labor unions. There was also an analysis of the ethical implications of unfair employer labor practices.

References

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BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations

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BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations