Procedural Justice and Ethics in Employee Relations

1. Procedural Justice and Ethics in Employee Relations

2. Definitions • Employee relations • All practices that implement the philosophy and policy of an organization with respect to employment • Justice • Maintenance or administration of what is just, often by impartial adjustment of conflicting claims or assignment of merited awards or punishment

3. Definitions: Procedural Justice • The fairness of the procedures used to make decisions; should be • Consistent across persons and over time • Free from bias • Based on accurate information • Correctable • Based on prevailing moral and ethical standards

4. Legal proceedings providing individuals with rights such as Procedures adhered to Impartial judges Representation by counsel Opportunity to confront and cross-examine witnesses and evidence Ability to present proof in own defense Protection from retaliation These rights are provided by the constitution, but not by employers unless Collective bargaining agreement Legislative protections Procedures provided by employers Definitions: Due Process

5. Union Grievance Procedures • Expressed in writing • Unresolved grievances proceed to progressively higher and higher levels of management and union representation • Can culminate in voluntary, binding arbitration but most grievances are resolved before arbitration • Costing a grievance • One study found that cost was $590 per grievance • If goes to arbitration, cost to company or union may exceed $5000 each

6. Advantages to Grievance Procedures • Ensures that complaints of workers can be heard and resolved • Ensures due process and procedural justice for all parties • Very efficient and effective in resolving disputes

7. Grievances in Nonunion Companies • Since grievances work well, many nonunion companies use them • Tend to reduce lawsuits • Requirements for effectiveness • All employees must know about the procedure and how it operates • Employees must believe that no reprisals will be taken against them for using the process • Management must respond quickly and thoroughly to all grievances

8. Many managers avoid using discipline because Ignorance of the rules Fear of formal grievances Fear of losing employee friendship Failure to administer discipline appropriately can result in implied acceptance or approval of the offense Disciplines can be useful: Can alert marginal employee to improve low performance May signal other employees regarding appropriate standards If discipline is perceived as legitimate, may increase motivation, morale and performance Discipline

9. Progressive disciplines Oral warning Written warning Suspension Dismissal Discipline should be Immediate With warning Consistent Impersonal Documented Discipline

10. Employment at Will • Created when an employee agrees to work for an employer with no specification of how long the parties expect the agreement to last • Exceptions to employment at will include • Federal legislation limited termination based on protected class status • Public policy exception • Employee may not be fired because s/he refuses to commit an illegal act • Implied or explicit promises • Outrageous acts, including character defamation

11. Recruitment practices ensure no implicit or explicit contracts exist Applications should include a statement that describes the rights of at-will employees and employers Interviewers should not include phrases like "lifelong employment" Handbooks and manuals are considered contractual Performance appraisals should be done objectively To Avoid Unjust Dismissal Charges

12. Privacy and Ethical Issues • Privacy Act of 1974 provides individuals with privacy rights • Employers should periodically and systematically review record-keeping practices • Managers should • Articulate, communicate and implement fair practices and policies • Limit the amount of information collected • Provide access to employees

13. Safety & Health

14. Workers’ Compensation • Liability without fault principle • Employers contribute to fund to cover accidents • Premiums reflect the accident rate of the employer • Three types of benefits • Replacement of lost wages • Coverage of medical bills • Financial support for retraining

15. OSHA • Covers any business that affects interstate commerce • Every employer has obligation to provide working conditions "free from recognized hazards" and comply with all standards under OSHA • OSHA requires logs of each injury or illness

16. OSHA Enforcement • Inspection priorities: • Imminent danger to health and safety • Investigation of employee complaints • Random inspections • 1100 inspectors, 5 million workplaces • Fines mandatory in cases of severe violations • Organized employees use safe working conditions as walk-out issues

17. Health and Safety Programs • Accidents arise from • Unsafe working conditions • Unsafe work behaviors • Interaction of the two

18. Safety policy Loss control program Safety budget Safety records Management's personal concern and good example High-level safety officer Reward supervisors on safety performance Develop safety objectives to gauge performance Developing a Safety Program

19. Safety Committees • Composed of employees and management • Recommend and critique safety policies • Develop safety standards and ensure OSHA compliance • Provide safety training • Conduct safety inspections • Promote the theme of job safety • Feedback and incentives for safety results