Procedural Justice and Ethics in Employee Relations

Definitions

Employee relationsEmployee relations All practices that implement the philosophy and All practices that implement the philosophy and

policy of an organization with respect to policy of an organization with respect to employmentemployment

JusticeJustice Maintenance or administration of what is just, Maintenance or administration of what is just,

often by impartial adjustment of conflicting often by impartial adjustment of conflicting claims or assignment of merited awards or claims or assignment of merited awards or punishmentpunishment

Definitions: Procedural Justice

The fairness of the procedures used to make The fairness of the procedures used to make decisions; should be decisions; should be Consistent across persons and over timeConsistent across persons and over time Free from biasFree from bias Based on accurate informationBased on accurate information CorrectableCorrectable Based on prevailing moral and ethical standardsBased on prevailing moral and ethical standards

Definitions: Due Process

Legal proceedings Legal proceedings providing individuals with providing individuals with rights such asrights such as Procedures adhered to Procedures adhered to Impartial judgesImpartial judges Representation by counselRepresentation by counsel Opportunity to confront and Opportunity to confront and

cross-examine witnesses cross-examine witnesses and evidenceand evidence

Ability to present proof in Ability to present proof in own defenseown defense

Protection from retaliationProtection from retaliation

These rights are provided These rights are provided by the constitution, but not by the constitution, but not by employers unless by employers unless Collective bargaining Collective bargaining

agreementagreement Legislative protectionsLegislative protections Procedures provided by Procedures provided by

employersemployers

Union Grievance Procedures

Expressed in writingExpressed in writing Unresolved grievances proceed to progressively Unresolved grievances proceed to progressively

higher and higher levels of management and union higher and higher levels of management and union representationrepresentation

Can culminate in voluntary, binding arbitration Can culminate in voluntary, binding arbitration but most grievances are resolved before but most grievances are resolved before arbitrationarbitration

Costing a grievanceCosting a grievance One study found that cost was $590 per grievanceOne study found that cost was $590 per grievance If goes to arbitration, cost to company or union may If goes to arbitration, cost to company or union may

exceed $5000 eachexceed $5000 each

Advantages to Grievance Procedures Ensures that complaints of workers can be Ensures that complaints of workers can be

heard and resolvedheard and resolved Ensures due process and procedural justice Ensures due process and procedural justice

for all partiesfor all parties Very efficient and effective in resolving Very efficient and effective in resolving

disputesdisputes

Grievances in Nonunion Companies Since grievances work well, many nonunion Since grievances work well, many nonunion

companies use themcompanies use them Tend to reduce lawsuitsTend to reduce lawsuits Requirements for effectivenessRequirements for effectiveness

All employees must know about the procedure and how it All employees must know about the procedure and how it operatesoperates

Employees must believe that no reprisals will be taken Employees must believe that no reprisals will be taken against them for using the processagainst them for using the process

Management must respond quickly and thoroughly to all Management must respond quickly and thoroughly to all grievancesgrievances

Discipline

Many managers avoid Many managers avoid using discipline becauseusing discipline because Ignorance of the rulesIgnorance of the rules Fear of formal grievancesFear of formal grievances Fear of losing employee Fear of losing employee

friendshipfriendship Failure to administer Failure to administer

discipline appropriately discipline appropriately can result in implied can result in implied acceptance or approval of acceptance or approval of the offensethe offense

Disciplines can be useful:Disciplines can be useful: Can alert marginal Can alert marginal

employee to improve low employee to improve low performance performance

May signal other employees May signal other employees regarding appropriate regarding appropriate standardsstandards

If discipline is perceived as If discipline is perceived as legitimate, may increase legitimate, may increase motivation, morale and motivation, morale and performanceperformance

Discipline

Progressive disciplinesProgressive disciplines Oral warning Oral warning Written warningWritten warning SuspensionSuspension DismissalDismissal

Discipline should beDiscipline should be ImmediateImmediate With warningWith warning ConsistentConsistent ImpersonalImpersonal DocumentedDocumented

Employment at Will

Created when an employee agrees to work for an Created when an employee agrees to work for an employer with no specification of how long the employer with no specification of how long the parties expect the agreement to lastparties expect the agreement to last

Exceptions to employment at will includeExceptions to employment at will include Federal legislation limited termination based on Federal legislation limited termination based on

protected class statusprotected class status Public policy exceptionPublic policy exception

Employee may not be fired because s/he refuses to commit an Employee may not be fired because s/he refuses to commit an illegal actillegal act

Implied or explicit promisesImplied or explicit promises Outrageous acts, including character defamationOutrageous acts, including character defamation

To Avoid Unjust Dismissal Charges

Recruitment practices Recruitment practices ensure no implicit or ensure no implicit or explicit contracts existexplicit contracts exist

Applications should Applications should include a statement include a statement that describes the that describes the rights of at-will rights of at-will employees and employees and employersemployers

Interviewers should not Interviewers should not include phrases like include phrases like "lifelong employment""lifelong employment"

Handbooks and Handbooks and manuals are considered manuals are considered contractualcontractual

Performance appraisals Performance appraisals should be done should be done objectivelyobjectively

Privacy and Ethical Issues

Privacy Act of 1974 provides individuals with Privacy Act of 1974 provides individuals with privacy rights privacy rights

Employers should periodically and systematically Employers should periodically and systematically review record-keeping practicesreview record-keeping practices

Managers should Managers should Articulate, communicate and implement fair practices Articulate, communicate and implement fair practices

and policies and policies Limit the amount of information collected Limit the amount of information collected Provide access to employeesProvide access to employees

Safety & Health

Workers’ Compensation

Liability without fault principleLiability without fault principle Employers contribute to fund to cover Employers contribute to fund to cover

accidentsaccidents Premiums reflect the accident rate of the employerPremiums reflect the accident rate of the employer

Three types of benefitsThree types of benefits Replacement of lost wagesReplacement of lost wages Coverage of medical billsCoverage of medical bills Financial support for retrainingFinancial support for retraining

OSHA

Covers any business that affects interstate Covers any business that affects interstate commercecommerce

Every employer has obligation to provide Every employer has obligation to provide working conditions "free from recognized working conditions "free from recognized hazards" and comply with all standards hazards" and comply with all standards under OSHAunder OSHA

OSHA requires logs of each injury or OSHA requires logs of each injury or illnessillness

OSHA Enforcement

Inspection priorities:Inspection priorities: Imminent danger to health and safetyImminent danger to health and safety Investigation of employee complaintsInvestigation of employee complaints Random inspectionsRandom inspections

1100 inspectors, 5 million workplaces1100 inspectors, 5 million workplaces Fines mandatory in cases of severe violationsFines mandatory in cases of severe violations Organized employees use safe working conditions Organized employees use safe working conditions

as walk-out issuesas walk-out issues

Health and Safety Programs

Accidents arise from Accidents arise from Unsafe working conditionsUnsafe working conditions Unsafe work behaviorsUnsafe work behaviors Interaction of the twoInteraction of the two

Developing a Safety Program

Safety policySafety policy Loss control programLoss control program Safety budgetSafety budget Safety recordsSafety records Management's Management's

personal concern and personal concern and good examplegood example

High-level safety High-level safety officerofficer

Reward supervisors on Reward supervisors on safety performancesafety performance

Develop safety Develop safety objectives to gauge objectives to gauge performanceperformance

Safety Committees

Composed of employees and management Composed of employees and management Recommend and critique safety policiesRecommend and critique safety policies Develop safety standards and ensure OSHA Develop safety standards and ensure OSHA

compliance compliance Provide safety trainingProvide safety training Conduct safety inspectionsConduct safety inspections Promote the theme of job safetyPromote the theme of job safety Feedback and incentives for safety resultsFeedback and incentives for safety results