HUMAN RESOURCE MANAGEMENT 7
Ithas been said that "a company that deserves a union gets one,"suggesting that if proper leadership and motivation techniques areemployed and desirable policies devised, the workers will not want tounionize. Either agree or disagree with this philosophy. Support yourposition and explain what a company could do to create an environmentwhere workers will not want to unionize
Thecompany environment is an influential factor that determines whethertrade unions negatively or positively affect labor market. In manystates, labor unions are formed to fight for the welfare of workers,bargain for better wages, fight for better working conditions, andcreate incentives for the workers in different organizations toparticipate in empowerment programs (Holley,2012).If organizations meet the aforementioned elements then trade unionscan be willing and ready to work with them and will ultimately adhereto the regulation of the firm.
Ceterisparibus, if the union supply grows at a higher rate than theirdemand, it is expected that there will be an overabundance ofavailable employees. This can depress wage in line with the economicprinciple of demand and supply, and this can generate a criticalsituation for the union (Holley,2012).In this light, trade unions have to put measure to prevent theirmembers from crimpling business activities through strike and goslows because in most cases such moves do not yield any meaningfulresults. In this regard it is better to follow the rules laid abovebecause they would be of great help to both the union members and thecompanies.
Identifyand explain the major ways in which the government is an importantparticipant in the labor relations
Eventhough the government has an indirect impact on the labor relationsit is still an important player. Being the source of regulation andpolicies, the government exerts n unavoidable influence on thedevelopment and growth of labor relations. The legislation put inplace can either foster or crimple the establishment of theorganizations representing employers and employees (Trebilcock,2011).Laws also establish the minimum level of employee protection and setthe rules that guide labor relations. For example, rules can offerprotection for employee who abdicates their duties that is construedas precarious and harmful to the health.
Governmentshave profound influence on the way that labor relations work within agiven jurisdiction by developing a sound labor administrationplatform. In the event that a government ensures the labor laws areeffectively implemented collective bargaining can sprout from theplatform that such laws create (Trebilcock,2011). Nonetheless, if the government does not enact laws that create asound platform for dispute resolution and there is no machinery tohelp solve the conflict between employers and employees, the laborrelations are profoundly affected.
Thedegree to which the government commits resources to create a wellfunctioning dispute resolution platform has also a profound effect onthe path of the labor relations (Trebilcock,2011). The ability and easiness with which workers, employers and theirbodies can put into effect their legal right is as imperative as thelabor laws.sIn this light the decision by the state to establish afunctional administrative entity to solve labor disputes and redressemployment conundrums can be a clear expression of the seriousnesswith which a government accords labor issues (Trebilcock,2011).
Governmentsalso play direct role in the manner and mode in which labor relationare organized. In states where there is little regard for fundamentalhuman rights such as the right for association, government can bancreation of unions and interfere with their activities. In such anenvironment the government may seek to invalidate collectivebargaining contracts that are construed as an impediment to thefiscal and economic agenda (Trebilcock,2011).In developed nations, governments create a conducive environment forlabor relations by offering the required legislative scaffold. Insome cases government provide help to parties in disputes so thatthey can reach an amicable agreement. In many countries the state isa major employer and as such there is a direct involvement in laborrelation with the workers and their agents. Finally, the effects ofregional economic integration agreements on government agenda hasconsiderable influence on the operation of labor relations. Someregional trade agreements contain clauses that touch on the rights ofworkers that have tremendous effect on labor relations mechanisms ofthe member states (Trebilcock,2011).
Listand discuss some of the advantages and disadvantages in usingseniority as a factor to determine shift preference or overtimeassignments
Inwork places where the workforce has varying schedules, shifts, thosewith greater seniority are given priority in selecting the shift.Employees who have served in different capacities in the firm and forlonger may be given opportunity to chose the shift that is preferable(Holley,2012). This means that employee with greater seniority have a chance toplace their bids on assignments and shifts before other employees.Even though using seniority to determine shifts is important in somefirms and in private sector professions, unionized individuals andworkplaces. Nonetheless, to majority of forward thinking firms it canspark resistance and demotivate newly employed employees (Holley,2012). Seniority as determining factor in assignment allocation and shiftpreference may be contentious. On a positive note, it can be one wayto that management can use to layoffs, promotion and determiningsalary increment. Seniority informs many decisions relating tovacation time, preferred jobs, working hours, wages and other benefit(Holley,2012).
Somemeans of resolving negotiations impasses involve economic weapons(e.g. strikes and lockouts). There are other means of impasseresolution that do not involve the use of economic weapons (e.g. factfinding, mediation, med/arb/interest arb, etc.). Select two (2) non-economic means of impasse resolution, 1) explain how each onefunctions and 2) discuss the relative pros and cons of each.
Employerswho seek to address employment disputes through negotiations withtrade unions, and for a new collective bargaining contract will becoerced to use measures that do ot aggravate the situation but thatseek to gather solutions with as much disruption as possible.Normally, unions want companies (employers) to meet all the demandsand employers more often than not seeks to share the burden with theemployees (Hogler& Kriksciun, 2004).In this vein employers would find it imperative to consider numerousbargaining strategies to attain an amicable solution. In some casesthis may encompass enduring lockouts and strikes.
Beforechoosing a bargaining strategy, every company must establish itsobjectives whether it is paramount to get a favorableeconomic/non-economic terms or less confining agreements or both. Anemployer should determine whether the person bargaining on behalf ofthe company is the most suitable one (Hogler& Kriksciun, 2004).There are two main non –economic strategies which a company can useto fact finding and mediation.
Mediationis pegged on the premise that the participation of an impartial,well-informed third party into the discussion table can help theemployer and the unions reach an amicable and voluntary settlement.The mediator may be a professional in the public sector or a privatethird party and performs a multitude of functions formulated tofacilitate a harmonious resolution of dispute. Some of the keyfunctions of a mediator are categorized as substantive, proceduraland communicative (Hogler& Kriksciun, 2004).Substantive function is the most pivotal because it entails theacting as a catalyst to encourage parties to reach a settlement.Mediation may not yield expected results in events where the impasseemanates from an employer’s inability to remunerate employeesproperly and where the impasses happen in large jurisdictions. It ismore effective in solving impasses resulting from procedural elementsand the mediator helps parties achieve mutually beneficial settlement(Hogler& Kriksciun, 2004).
Fact-findingis based on the use of rational persuasion to help parties solve adispute amicably. It shares both the features of arbitration andmediation. The entity that serves as factfinder collects informationthrough a hearing process. Both parties are accorded an opportunityto introduce evidence and argue the merits their proposals (Hogler& Kriksciun, 2004).Thefact finder subsequently issues an advisory award where every impasseis redressed and supported by an apt rationale. In most cases theaward is usually reasonable and fair enough for creates a platformfor a voluntary settlement. The main disadvantage of this strategy isthat in the public sector it may not arouse sufficient interest andconcern to encourage the parties to reach a settlement (Hogler& Kriksciun, 2004).On a positive note it may be combined with mediation to thwart animpasses erects a significant risk to both parties. It serves as aviable intermediate strategy in the disputes resolution process.
Trebilcock,A. (2011). LaborRelations and Human Resources Management. Encyclopedia ofOccupational Health and Safety.Available at:http://www.ilo.org/iloenc/part-iii/labor-relations-and-human-resource-management/item/88-labor-relations-and-human-resources-management-an-overview
Labor,Wages & Unions, Analysis, Retrieved From:http://www.shmoop.com/labor-wages-unions/unions-decline.html
Holley,W. H., Jennings, K. M., & Wolters, R. S. (2012). Thelabor relations process.Mason, OH: South-Western Cengage Learning.
Hogler,R.L.and Kriksciun,C. (2004). Impasse Resolution in Public SectorCollective Negotiation: A Proposed Procedure.BerkeleyJournal of Employment & Labor Law, Vol.6 (4): 481-511.Availableat:http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1098&context=bjell