management
Page 498, Skill Builder 15.1
What Would You Do?
Three people applied to you for an opening as a lathe operator. One is totally unqualified. One is experienced, but has a poor attitude. The third lacks experience, but seems especially eager for the job; you think she would be a good worker if she had more experience, but you’re not sure. You have some rush work you need to get out. Which of the following courses would you choose?
1. If the eager applicant has good references, hire her for a probationary period. But keep looking for a more qualified person in case she doesn’t work out.
2. Pass up the three applicants. Keep looking.
3. Hire the experienced person, ignoring his attitude—you’ve got work to get out!
Question 1: Say what you would do and why you would choose that option.
Pages 499-500, Case 15.1
Question 2: What avenues are now open to Trent? What des this case say to you about the need for supervisors to act morally?
Previous
Next
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CHAPTER 15
SELECTING, APPRAISING, AND DISCIPLINING EMPLOYEES
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Explain who is responsible for selecting, appraising, and disciplining employees
Describe the steps in the employee selection procedure, including the proper orientation of new employees
Explain what employee performance appraisal is and who performs it
LEARNING OBJECTIVES
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Explain why training and developing employees is important
State why performance-appraisal interviews are difficult for both the employee and the supervisor
Define discipline and explain why it is necessary
Describe how discipline is imposed under due process
LEARNING OBJECTIVES
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Top managers
Set human resource objectives, establish policies, and do long-range planning and organizing
Middle managers
Control the operating procedures needed to achieve the objectives and carry out personnel policies
Supervisors
Interpret policies for employees
Carry out the organization’s wishes for selecting and training employees
Transmit workers’ interests to higher management
RESPONSIBILITY FOR SELECTING, APPRAISING, AND DISCIPLINING EMPLOYEES
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FLOWCHART OF A SUGGESTED SELECTION PROCEDURE
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Requisition – Procedures must conform to:
Equal Employment Opportunity Commission’s Uniform Guidelines on Employee Selection Procedures
Affirmative Action Program (AAP)
National and local laws and customs
REQUISITION, PRELIMINARY SCREENING, AND APPLICATION FORM
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Preliminary screening
Eliminates persons who do not meet the employer’s needs
Application form or résumé
Provides the information needed about the applicant’s potential performance
REQUISITION, PRELIMINARY SCREENING, AND APPLICATION FORM
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TOPICS TO AVOID WHEN INTERVIEWING APPLICANTS
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TYPES OF PREEMPLOYMENT TESTS
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Validity: High positive correlation between the applicant’s test scores and an objective measure of job performance
Reliability: Probability that test results won’t change if the test is given to the same person by different individuals
VALIDITY AND RELIABILITY OF TESTS
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Prepare questions to aid in judging the applicant
Provide the applicant with information about the company and the job
Determine whether to hold a structured or unstructured interview
PREEMPLOYMENT INTERVIEWING
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Structured interviews: Standardized and controlled with regard to pattern of questions, interpretation of replies, and factors considered in the hiring decision
Unstructured interviews – Pattern of questions asked, conditions under which they are asked, and the basis for evaluating results are determined by interviewer
PREEMPLOYMENT INTERVIEWING
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Provide information on a candidate’s performance on previous jobs
Help verify information on the application form and other records
Fair Credit Reporting Act and the Privacy Act place restrictions on the type of information an employer can verify
CHECKING REFERENCES AND RECORDS
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Preliminary selection by the supervisor
If there is only one applicant, he/she can be hired on a trial basis
If there are more than one qualified candidate, a review of the information collected will reveal the best choice
PRELIMINARY SELECTION BY THE SUPERVISOR AND FINAL SELECTION
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Final selection
Human resource officers ensure that all laws, regulations, and company policies are followed
Human resource officers determine the salary and employee benefits to be offered to the applicant
PRELIMINARY SELECTION BY THE SUPERVISOR AND FINAL SELECTION
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Physical examination
Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act place limitations on this process
Job offer
Offered in writing and contain the terms and conditions of employment
If it is rejected, an offer may be made to the next most qualified applicant
All applicants must be notified that someone else has been selected
PHYSICAL EXAMINATION AND JOB OFFER
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Orientation: Familiarizing a new employee with the company surroundings, policies, and job responsibilities
Training and development
Training: Process by which employees are educated to improve their capabilities, competencies, productivity and /or performance
ORIENTATION AND TRAINING AND DEVELOPMENT
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ARCS model – Motivationally centered approach to instruction and training
Attention (A), relevance (R), confidence (C), and satisfaction (S)
SMART goals – Specific, Measurable, Attainable, Rewarding, and Time defined
ORIENTATION AND TRAINING AND DEVELOPMENT
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Determines to what extent an employee performs a job the way it was intended
Also known as merit rating, efficiency rating, service rating, and employee evaluation
Purposes
Recognizes good performance
Identifies areas that need improvement
Validates selection techniques to meet EEOC/AAP requirements
Provides a basis for administrative actions
PERFORMANCE APPRAISAL
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EXHIBIT 15.3 – HOW PERFORMANCE APPRAISALS OPERATE
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APPRAISAL INTERVIEW
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EXHIBIT 15.4 – HINTS FOR THE APPRAISAL INTERVIEW
Source: From Mathis/Jackson. Human Resource Management, 12E, 318. © 2008 South-Western, a part of Cengage Learning, Inc. Reproduced by permissions. www.cengage.com/permissions
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Training that corrects and molds knowledge, attitudes, and behavior
Due process: Guarantees the individual accused of violating an established rule a hearing to determine the extent of guilt
For disciplinary action to be upheld:
The rules must be reasonable
The penalty must be related to the severity of the offense
The worker must be given a fair hearing
DISCIPLINE
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Establishing rules of conduct
Determining penalties
Progressive discipline: Uses a graduated scale of penalties
Graduated scale of penalties: Penalties become progressively more severe each time the violation is repeated
Intolerable offenses: Disciplinary problems of a drastic, dangerous, or illegal nature
Imposing the penalty only after a fair hearing
STEPS INVOLVED IN THE DISCIPLINARY DUE PROCESS
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Must instill a desire for self-discipline in employees
Factors to consider when applying discipline
Every job contains a certain margin for error
Being overly concerned with avoiding errors stifles initiative and encourages employees to postpone decisions or avoid making them altogether
A different way of doing something should not be mistaken for the wrong way of doing it
SUPERVISOR’S DISCIPLINARY ROLE
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Disciplinary layoff or suspension: Time off without pay
Discharge
Termination-at-will rule: Right of an employer to dismiss an employee for any reason
Carried out by top management, with the advice and consent of the human resources manager
APPLYING DISCIPLINE
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Performance appraisal or merit rating or efficiency
Rating or service rating or employee evaluation
Personality tests
Progressive discipline
Reliability
Structured interviews
IMPORTANT TERMS
Termination-at-will rule
Validity
Vocational interest tests
Work sampling or work preview
Achievement, proficiency, or skill tests
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Appraisal interview
Aptitude tests
Disciplinary layoff or suspension
Discipline
Due process
IMPORTANT TERMS
Graduated scale of penalties
Hot-stove rule
Intolerable offenses
Orientation
IQ tests
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CHAPTER 16
THE SUPERVISOR LABOR RELATIONS, AND LEGAL ISSUES
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Explain what is meant by labor relations
Trace the development of unions in the United States and explain why union membership is declining
Name and explain some of the basic laws governing labor relations
Describe union principles and objectives and discuss the methods used to achieve those objectives
LEARNING OBJECTIVES
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Name three things that a supervisor must know to live with the union agreement
State the laws providing equal employment opportunity for protected groups of employees
Name and explain the different forms of unlawful discrimination
Describe the most commonly provided employee benefits
LEARNING OBJECTIVES
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Relationship between an employer and unionized employees
Also known as union–management relations or industrial relations
Labor union: Organization of workers banded together to achieve economic goals
LABOR RELATIONS
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Early union activities
Craft unions: Workers in a specific skill, craft, or trade
Knights of Labor – Formed by several craft unions joining together
American Federation of Labor (AFL) – Had a great impact during World War I and World War II
DEVELOPMENT OF UNIONS IN THE UNITED STATES
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Period of rapid union growth
Industrial unions: Composed of all the workers in an industry
Broke away from the AFL to form the Congress of Industrial Organizations (CIO)
DEVELOPMENT OF UNIONS IN THE UNITED STATES
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Union membership has been steadily declining since 1955
Shift from manufacturing jobs to service work
Educated and technologically oriented service workers being less interested in union contracts
Pressure on U.S. firms to cut costs
Growing emphasis on part-time and temporary workers and telecommuting
Growth of small firms and traditional union issues being adopted as government regulation
DECLINE OF UNIONS IN THE UNITED STATES
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BASIC LAWS GOVERNING LABOR RELATIONS
Laws Coverage Basic Provisions Agencies
National Labor Relations Act (NLRA) as amended (Wagner Act) Nonmanagerial employees in nonagricultural private firms not covered by the Railway Labor Act
Postal employees Asserts the right of employees to form or join labor organizations, to bargain collectively, and to engage in other concerted activities such as strikes, picketing, and boycotts
Establishes unfair labor practices that employers cannot engage in National Labor Relations Board (NLRB)
Labor–Management Relations Act (LMRA) as amended (Taft-Hartley Act) Same as above Amended NLRA
Permits states to pass laws prohibiting compulsory union membership
Sets up methods to deal with strikes affecting national health and safety Federal Mediation and Conciliation Service
Labor–Management Reporting and Disclosure Act (Landrum-Griffin Act) Same as above Amended NLRA and LMRA
Guarantees individual rights of union members
Requires financial disclosures by unions U.S. Department of Labor
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Acts management must not commit against the workers and the union
Closed shop: Prospective employees must be members of the union before they can be employed
Union shop: All employees must join the union within a specified period after starting employment
UNFAIR PRACTICES
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Agency shop: All employees must pay union dues even if they choose not to join the union
Maintenance-of-membership clause: Employee must maintain union membership as a condition of employment
UNFAIR PRACTICES
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Right-to-work laws: Prohibits union shops in the state and protects employees’ rights to join or refuse to join a union without being fired
Employees’ bill of rights: Protects employees from possible abuse by unscrupulous managers and union leaders
RIGHT-TO-WORK LAWS AND EMPLOYEES’ BILL OF RIGHTS
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EXHIBIT 16.4 – RIGHTS OF EMPLOYEES
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EXHIBIT 16.5 – UNFAIR LABOR PRACTICES OF UNIONS
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EXHIBIT 16.6 – UNFAIR LABOR PRACTICES OF EMPLOYERS
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Enforces the basic labor laws
Hold an election to establish the bargaining agent for employees of a given firm
Investigate charges of unfair labor practices
Issue complaints against management or labor
Prosecute unfair labor practices and determine guilt
Assess fines and prison sentences
Ask federal courts to control activities of both management and labor by citing them for contempt
NATIONAL LABOR RELATIONS BOARD (NLRB)
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Principles
Strength through unity and equal pay for the same job
Employment practices based on seniority
Objectives
Higher pay and shorter hours of work on a daily, weekly, or annual basis
Improved working conditions, physical and psychological
Improved security, of the person and of the job
UNION PRINCIPLES AND OBJECTIVES
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METHODS OF ATTAINING OBJECTIVES
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Get 50% or more employees to sign authorization cards
Union authorization card: Authorizes a union to be an employee’s collective bargaining representative
Seek voluntary recognition from the employer
If unsuccessful, file a Petition for Election with the NLRB
NLRB notifies employer of election and sets a date
Employer can file objections to the petition
STEPS IN THE UNION ORGANIZING PROCESS
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Organizing campaign
Employer and the union try to persuade employees on how they should vote
Employers must maintain status quo and follow the T.I.P.S. rule – Do not Threaten, Interrogate, Promise or engage in Spying
STEPS IN THE UNION ORGANIZING PROCESS
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Election day – NLRB conducts the election
If union wins, it becomes the certified bargaining representative of the employees
If union does not win, a one year election bar prevents any union from seeking to represent the same group of workers for the next 12 months
STEPS IN THE UNION ORGANIZING PROCESS
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Appeals used by organizers
Job protection and interference running
Participation in management
Economic gains
Recognition and participation
Things to do before the union calls
Treat supervisors right, keep them well informed, and make them al part of the management team
ORGANIZING EMPLOYEES
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Ensure the wage–benefit package is up to date and competitive
Review jobs to see if they need to be upgraded
Ensure employee facilities are well-maintained
Maintain performance records and have programs for boosting performance, loyalty, and morale
Be firm but fair when imposing discipline
ORGANIZING EMPLOYEES
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Provide a grievance committee for worker complaints
Be alert for any complaints of abuse or favoritism
Establish clear lines for two-way communications
Have clear and well-communicated work rules
Ensure that policies and work rules are not anti-union
ORGANIZING EMPLOYEES
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Inform employees:
That signing a union authorization card does not mean they must vote for the union
Of the disadvantages of belonging to the union
That you prefer to deal with them directly
About any prior experience you had with unions
That a union cannot obtain more than what an employer is able to give
THINGS SUPERVISORS MAY DO WHEN A UNION TRIES TO ORGANIZE THEIR COMPANY
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How their wages and benefits compare with those in unionized or nonunionized concerns in the area
Of any misleading statements made by the organizer
Of any known undesirable elements active in the union
Reply to union attacks on company policies
THINGS SUPERVISORS MAY DO WHEN A UNION TRIES TO ORGANIZE THEIR COMPANY
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Treat union and nonunion employees alike
Administer discipline without regard to the union membership status of the concerned employee
Enforce plant rules impartially
Tell employees that:
They are free to join or not to join any organization
Their personal and job security will be determined by the economic prosperity of the company
THINGS SUPERVISORS MAY DO WHEN A UNION TRIES TO ORGANIZE THEIR COMPANY
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Exclusive bargaining agent: Has the exclusive right to deal with management on behalf of employees’ terms and conditions of employment
Certified union – Has the sole right and legal responsibility to represent all of the employees in their dealings with management
BECOMING RECOGNIZED AS THE EMPLOYEES’ EXCLUSIVE BARGAINING AGENT
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Collective bargaining: Conferring in good faith over the terms and conditions of employment
If no agreement is reached, an impasse occurs
Options to deal with an impasse
Mediator: Tries to bring the parties together to help them reach an agreement
Arbitrator: Makes a decision binding on both parties
Union can go on strike or management can stage a lockout
ENGAGING IN COLLECTIVE BARGAINING
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Strike: When employees withhold their services from an employer
Picketing: Walking back and forth outside the place of employment, carrying a sign
Lockout: Closing of a company’s premises to the employees and refusing to let them work
CONDUCTING A STRIKE OR LOCKOUT
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Prepared when an accord has been reached to bind the company, union, and workers to specific clauses in it
Covers the following areas
Union recognition, wages, and benefits
Vacation, holidays, working conditions, layoffs, and rehiring
Management prerogatives or rights
Hours of work and seniority, grievance and arbitration procedures
Renewal clause
COLLECTIVE BARGAINING AGREEMENT OR CONTRACT
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SUPERVISORS’ RIGHTS UNDER THE AGREEMENT
Decide what work is to be done and how, when, and where it will be done
Determine optimum number of workers to do the work safely and who will do each job
Instruct, supervise, and commend employees in their work performance
Require work performance and behavior to meet minimum standards
Recommend promotions and pay increases
Administer discipline
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Union steward: Union member elected by other members to represent their interests in relations with management
Seniority: Employee’s length of service in a company
Provides the basis for promotion and other benefits
Grievance procedure: Formal way of handling employees’ complaints
UNION STEWARD, ROLE OF SENIORITY, AND GRIEVANCE PROCEDURES
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EXHIBIT 16.11 – TYPICAL GRIEVANCE PROCEDURE IN A UNIONIZED ORGANIZATION
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LEGAL INFLUENCES ON EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
Laws Basic requirements
Section 1981 of Civil
Rights Act of 1866 Prohibits racial discrimination in employment
Title VII of Civil
Rights Act of 1964 Prohibits employment discrimination based on race, color, religion sex, or national origin
Requires employers to provide reasonable accommodation for sincerely-held religious beliefs
Executive Order
11246 of 1965, as
amended Prohibits employment discrimination based on race, sex, color, religion, or national origin
Requires contractors employing 50 or more workers to develop affirmative action plans (AAPs) when contracts exceed $50,000 a year
Age Discrimination
in Employment Act
of 1967, as amended Prohibits employment discrimination against persons over age 40
Vocational Rehabilitation
Act of 1973 Prohibits employment discrimination against qualified handicapped persons, requires reasonable accommodation, and development of AAPs
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LEGAL INFLUENCES ON EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
Laws Basic requirements
Vietnam Era Veterans’
Assistance Act of
1974 Requires contractors to develop AAPs to recruit and employ qualified disabled veterans and veterans of the Vietnam War
Pregnancy Discrimination
Act of 1978 Prohibits discrimination on the basis of pregnancy, child birth, and related medical conditions
Immigration Reform
and Control Act of
1986 Prohibits recruiting, hiring, or referring aliens who are not eligible to work in the United States
Prohibits employment discrimination based on national origin or citizenship
Americans with
Disabilities Act of
1990, as amended by
the Americans with
Disabilities Act
Amendments Act of
2008 Prohibits employment discrimination against qualified individuals with a disability and requires reasonable accommodation
Prohibits discrimination against those who have a history of disability, are perceived as disabled, or who are associated with a person with a disability
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LEGAL INFLUENCES ON EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
Laws Basic requirements
Civil Rights Act of
1991 Amends Title VII and the Americans with Disabilities Act to allow for punitive and compensatory damages in cases of intentional discrimination and more extensive use of jury trials
The Uniformed Services
Employment &
Reemployment
Rights Act of 1994 Prohibits employment discrimination because of an individual’s service in the U.S. armed forces
Requires reinstatement of employees returning from active military service to be restored to the position the employee would have attained had the employment relationship continued without disruption
Ledbetter Fair Pay
Act of 2009 Amends Title VII to virtually eliminate the statute of limitation for pay claims
A pay claim is viable if a tainted paycheck was issued during the charge filing period, regardless of when the discriminatory act occurred
Genetic Information
Non-discrimination
Act (GINA) Prohibits employers from using genetic information when making employment decisions
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Enforces EEO laws, and receives and investigates charges of discrimination
Issues orders to stop violations and may go to a U.S. District Court to enforce its decrees
Affirmative action programs (AAPs): Put the principle of equal employment opportunity into practice
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)
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Disparate treatment: Victim suffered an adverse employment action because of the victim’s race, color, religion, gender, national origin or other protected class
Disparate impact: Employer’s facially neutral employment policy or practices has a statistically significant adverse effect on a protected group
TYPES OF DISCRIMINATION
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Unwelcome sexual advances that create a hostile, offensive, or intimidating work setting
Consequences
Submission to the conduct is made a condition of employment
Submission to, or rejection of, the request is used in making employment decisions involving the employee
Intent is to interfere with the employee’s work performance or create a hostile work environment
SEXUAL HARASSMENT
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LEGALLY REQUIRED BENEFITS
16–*
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EXHIBIT 16.13 – SHOULD JOBS OF COMPARABLE WORTH RECEIVE COMPARABLE PAY?
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Fair Labor Standards Act (FLSA)
Requires at least the minimum wage for hours worked
Exempt employees: Are not covered by the provisions of the FLSA
GOVERNMENTAL FACTORS AFFECTING WAGE RATES
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The Davis-Bacon Act and the Walsh-Healey Act
Impact wage rates paid by private business that have certain types of contracts with the federal government
Actual rate of pay is set by the Secretary of Labor
Prevailing wage rate: Approximates the union wage scale for the area in the given type of work
GOVERNMENTAL FACTORS AFFECTING WAGE RATES
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Actual amount of compensation is determined by the relative strength of the union and the employer
Union-free employers offer wages and benefits similar to those required by collective bargaining agreements in the recruiting area
In order to remain competitive in the labor market
HOW COLLECTIVE BARGAINING AFFECTS WAGE RATES
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Seniority
Sexual harassment
Strike
Unfair labor practices
Union authorization card
Union shop
Union steward
IMPORTANT POINTS
Labor union
Lockout
Maintenance-of-membership clause
Mediator
Nonexempt employees
Picketing
Prevailing wage rate
Right-to-work laws
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Craft unions
Employee associations
Employees’ bill of rights
Exclusive bargaining agent
IMPORTANT POINTS
Affirmative action programs (aaps)
Agency shop
Agreement or contract
Arbitrator
Closed shop
Collective bargaining
Comparable worth or pay equity
©2015 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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IMPORTANT POINTS
Exempt employees
Experience rating
Grievance procedure
Industrial unions
Labor relations or union–management relations or industrial relations