Eaps Service Providers Must Universally Release Information About Employees Concerning What?

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Fundamentals of Human Resource Management Tenth Edition
David A. DeCenzo Coastal Carolina University Conway, SC
Stephen P. Robbins San Diego State University San Diego, CA
Tenth Edition Contributor
Susan L. Verhulst Des Moines Area Community College Ankeny, IA
John Wiley & Sons, Inc.
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Associate Publisher Executive Editor Senior Editoral Assistant Marketing Manager Marketing Assistant Production Manager Senior Production Editor Freelance Development Editor Senior Designer Interior Design Senior Media Editor Senior Photo Editor Production Management Cover Design Cover Credit
George Hoffman Lise Johnson Sarah Vernon Amy Scholz Laura Finley Dorothy Sinclair Sandra Dumas Susan McLaughlin Kevin Murphy Laura Ierardi Allison Morris Hilary Newman mb editorial services David Levy ©Michael Eudenbach/Getty Images, Inc.
This book was set in 10/12 ITC Legacy Serif Book by Aptaracorp, Inc. and printed and bound by Courier/Kendallville. The cover was printed by Courier/Kendallville. This book is printed on acid free paper. ⬁ Copyright © 2010, 2007, 2005, 2002 John Wiley & Sons, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance Center, Inc. 222 Rosewood Drive, Danvers, MA 01923, website www.copyright.com. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030-5774, (201)748-6011, fax (201)748-6008, website http://www.wiley.com/go/permissions. To order books or for customer service please, call 1-800-CALL WILEY (225-5945). DeCenzo, David A, Robbins, Stephen P. Fundamentals of Human Resource Management—10th ed. ISBN-13
978-0470-16968-1
Printed in the United States of America 10 9 8 7 6 5 4 3 2 1
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Brief Contents PA RT 1
UNDERSTANDING HRM
Chapter 1
The Dynamic Environment of HRM 2
Chapter 2
Fundamentals of Strategic HRM 28
PART 2
THE LEGAL AND ETHICAL CONTEXT OF HRM
Chapter 3
Equal Employment Opportunity 56
Chapter 4
Employee Rights and Discipline 84
PART 3
STAFFING THE ORGANIZATION
Chapter 5
Human Resource Planning and Job Analysis 110
Chapter 6
Recruiting
Chapter 7
Foundations of Selection 154
PART 4
132
TRAINING AND DEVELOPMENT
Chapter 8
Socializing, Orienting, and Developing Employees 182
Chapter 9
Managing Careers
PART 5
208
MAINTAINING HIGH PERFORMANCE
Chapter 10
Establishing the Performance Management System 230
Chapter 11
Establishing Rewards and Pay Plans 260
Chapter 12
Employee Benefits 286
Chapter 13
Ensuring a Safe and Healthy Work Environment
PART 6 Chapter 14
312
LABOR–MANAGEMENT ENVIRONMENTS Understanding Labor Relations and Collective Bargaining 340 Endnotes 367 Glossary 389 Company Index 395 Subject Index 398 v
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Contents Employee Involvement 20
PART 1 UNDERSTANDING HRM
How Organizations Involve Employees 20 Employee Involvement Implications for HRM 20 Other HRM Challenges 21
Chapter 1 The Dynamic Environment of HRM 2
Recession 21 Off Shoring 21 Mergers 22
Learning Outcomes 2 Introduction
A Look at Ethics 22
4
Summary 23
Understanding Cultural Environments 4 The Changing World of Technology
5
Demonstrating Comprehension: Questions for Review 24
What Is a Knowledge Worker? 6
Key Terms 24
How Technology Affects HRM Practices 6
HRM Workshop
Recruiting 7 Employee Selection 7 Training and Development 7 Ethics and Employee Rights 7 Motivating Knowledge Workers 7 Paying Employees Market Value 8 Communications 8 Decentralized Work Sites 8 Skill Levels 8 A Legal Concern 8
ETHICAL ISSUES IN HRM: Invasion of Privacy? 9 WORKPLACE ISSUES: We Are Now Entering the Blogosphere 10 Workforce Diversity 10
25
Linking Concepts to Practice: Discussion Questions 25 Developing Diagnostic and Analytical Skills 25 Case 1: Work/Life Balance at Baxter 25 Working with a Team: Understanding Diversity Issues 25 Learning an HRM Skill: Guidelines for Acting Ethically 26 Enhancing Your Communication Skills 26
Chapter 2 Fundamentals of Strategic HRM 28 Learning Outcomes 28 Introduction
30
Why Is HRM Important to an Organization? 30
The Workforce Today 10 DID YOU KNOW?: Chief Diversity Officer 11 How Diversity Affects HRM 11 WORKPLACE ISSUES: Diversity Awareness 12 What Is a Work/Life Balance? 12 DID YOU KNOW?: Looking at the Future of HRM 13 DID YOU KNOW?: International Diversity 14 The Labor Supply 14
The Strategic Nature 32 The HRM Functions 33 Staffing Function 34 Training and Development Function 35 Motivation Function 36 Maintenance Function 37 How External Influences Affect HRM 38
Do We Have a Shortage of Skilled Labor? 14
The Dynamic Environment of HRM 38
Why Do Organizations Lay Off Employees during Shortages? 15
Laws and Regulation 38
How Do Organizations Balance Labor Supply? 15
Management Thought 39
Issues Contingent Workers Create for HRM 16 Continuous Improvement Programs 18
vi
DID YOU KNOW?: A Management Recap 31
Labor Unions 38 Structure of the HRM Department 40 Employment 40
Work Process Engineering 19
Training and Development 41
How HRM Can Support Improvement Programs 19
Compensation and Benefits 42
How HRM Assists in Work Process Engineering 19
Employee Relations 42
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Top Management Commitment 43 Effective Upward Communication 43 Determining What to Communicate 44 Allowing for Feedback 44 Information Sources 44
WORKPLACE ISSUES: HRM Certification 44 Is a Career in HRM for Me? 45 ETHICAL ISSUES IN HRM: Purposely Distorting Information 46 Does HRM Really Matter? 46 HR Trends and Opportunities 47 Outsourcing 47 Professional Employer Organization (PEO) 47 Shared Services 47 HRM in an Entrepreneurial Enterprise 48 HRM in a Global Environment 48 HR and Corporate Ethics
49
The Americans with Disabilities Act of 1990 62 The Civil Rights Act of 1991 63 The Family and Medical Leave Act of 1993 63 Uniformed Services Employment and Reemployment Rights Act of 1994 64 Relevant Executive Orders 64
Guarding Against Discrimination Practices 65 DID YOU KNOW?: Is a Problem Brewing? 66 Determining Potential Discriminatory Practices 66 The 4/5ths Rule 66 Restricted Policy 66 Geographical Comparisons 67 McDonnell-Douglas Test 67
Responding to an EEO Charge 67 Business Necessity 68 Bona Fide Occupational Qualifications 68 Seniority Systems 68
Selected Relevant Supreme Court Cases 69
Summary 50
Cases Concerning Discrimination 69
Demonstrating Comprehension: Questions for Review 51
Cases Concerning Reverse Discrimination 71 ETHICAL ISSUES IN HRM: English-Only Rules 72
Key Terms
Enforcing Equal Opportunity Employment 72
51
HRM Workshop
52
Linking Concepts to Practice: Discussion Questions 52 Developing Diagnostic and Analytical Skills 52 Case 2: Nine-to-Five No More 52 Working with a Team: Making a Layoff Decision 52 Learning an HRM Skill: HR Certification 53 Enhancing Your Communication Skills 54
The Role of the EEOC 72 Office of Federal Contract Compliance Program (OFCCP) 73 Current Issues in Employment Law 74 What Is Sexual Harassment? 74 Are Women Reaching the Top of Organizations? 75 DID YOU KNOW?: EEOC Reaches Out to Young Workers 76 HRM in a Global Environment 78 Summary 79
PART 2 THE LEGAL AND ETHICAL CONTEXT OF HRM
Demonstrating Comprehension: Questions for Review 80 Key Terms
80
HRM Workshop
81
Linking Concepts to Practice: Discussion Questions 81
Chapter 3 Equal Employment Opportunity 56 Learning Outcomes 56 Introduction 58 Laws Affecting Discriminatory Practices 58 The Importance of the Civil Rights Act of 1964 59
Developing Diagnostic and Analytical Skills 81 Case Application 3-A: Diversity Is the New Color This Year 81 Case Application 3-B: When Oversight Fails 81 Working with a Team: What's Your Perception? 82 Learning an HRM Skill: Investigating a Harassment Complaint 82 Enhancing Your Communication Skills 83
Affirmative Action Plans 59
DID YOU KNOW?: Suggestions for Recruiting Minorities and Women 60 Adverse Impact 61
Chapter 4 Employee Rights and Discipline 84
What Other Laws Affect Discrimination Practices? 61 Age Discrimination in Employment Act of 1967 62 The Pregnancy Discrimination Act of 1978 62
Learning Outcomes 84 Introduction
86
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Employee Rights Legislation and the HRM Implications 86 The Privacy Act of 1974 86
PART 3 STAFFING THE ORGANIZATION
The Fair Credit Reporting Act of 1974 87 The Drug-Free Workplace Act of 1988 87 The Polygraph Protection Act of 1988 88 The Worker Adjustment and Retraining Notification Act of 1988 88 Current Issues Regarding Employee Rights 90 Drug Testing 90 DID YOU KNOW?: Why Organizations Conduct Drug Tests 91
Chapter 5 Human Resource Planning and Job Analysis 110 Learning Outcomes 110 Introduction
112
An Organizational Framework 112
Honesty Tests 92
ETHICAL ISSUES IN HRM: Competitive Intelligence 114
Whistle-Blowing 92
Linking Organizational Strategy to Human Resource Planning 115
Employee Monitoring and Workplace Security 93 DID YOU KNOW?: By the Numbers 93 Workplace Romance 94 The Employment-at-Will Doctrine 95 Exceptions to the Doctrine 96 Contractual Relationship 96 Statutory Considerations 96 Public Policy Violation 96 Implied Employment Contract 96 Breech of Good Faith 97
Discipline and Employee Rights 97 What Is Discipline? 97 WORKPLACE ISSUES: Managers Should Be Prepared before Disciplining Employees 98 Factors to Consider When Disciplining 98 Disciplinary Guidelines 99 Disciplinary Actions 101 Written Verbal Warning 101 Written Warning 102 Suspension 102 Dismissal 103
Summary 104
Assessing Current Human Resources 115 Human Resource Information Systems 115 Succession Planning 116
Determining the Demand for Labor 117 Predicting the Future Labor Supply 117 Where Will We Find Workers? 118 Matching Labor Demand and Supply 118 Job Analysis 120 Job Analysis Methods 120 Observation Methods 120 Individual Interview Method 120 Group Interview Method 120 Structured Questionnaire Method 120 Technical Conference Method 120 Diary Method 121
Structured Job Analysis Techniques 121 O*NET and the Department of Labor 121 Position Analysis Questionnaire 122
Purpose of Job Analysis 123 Job Descriptions 123 Job Specifications 123 Job Evaluations 124
Demonstrating Comprehension: Questions for Review 105
The Multifaceted Nature of Job Analysis 124
Key Terms
Job Enrichment 125
106
HRM Workshop
107
Linking Concepts to Practice: Discussion Questions 107 Developing Diagnostic and Analytical Skills 107 Case Application 4-A: Casino Has No Sense of Humor Regarding "Dilbert" Comic 107 Case Application 4-B: Off-the-Job Behaviors 107 Working with a Team: Dealing in Gray Areas 108 Learning an HRM Skill: Guidelines for Counseling Employees 108 Enhancing Your Communication Skills 109
Job Design 125 Flexible Work Schedules 126 Job Design and Teams 127 Summary 127 Demonstrating Comprehension: Questions for Review 128 Key Terms
129
HRM Workshop
130
Linking Concepts to Practice: Discussion Questions 130 Developing Diagnostic and Analytical Skills 130 Case Application 5: Turnover and Morale Problems at TSA 130
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Working with a Team: Job Analysis Information 130 Learning an HRM Skill: Conducting the Job Analysis 131
Case Application 6-A: Policing Paradise: How the Honolulu Police Department Developed Its Brand 151
Enhancing Your Communication Skills 131
Case Application 6-B Priority Staffing 151 Working with a Team: A Question of Effective Recruiting 152
Chapter 6 Recruiting
Learning an HRM Skill: Writing a Job Advertisement 152
132
Enhancing Your Communication Skills 152
Learning Outcomes 132 Introduction
134
Recruiting Goals 134
Chapter 7 Foundations of Selection 154
Factors That Affect Recruiting Efforts 134 DID YOU KNOW?: Something for Everyone 135 Constraints on Recruiting Efforts 135 Organizational Image 135 Job Attractiveness 136 Internal Organizational Policies 136 Government Influence 136 Recruiting Costs 136
DID YOU KNOW?: Employment Branding 136 DIVERSITY ISSUES IN HRM: Job Advertisements and EEO 137 Recruiting Sources 137 The Internal Search 137 Employee Referrals and Recommendations 138 External Searches 139 Advertisements 139 Employment Agencies 140 Schools, Colleges, and Universities 142 Job Fairs 143 Professional Organizations 143 Unsolicited Applicants 143
Learning Outcomes 154 Introduction
156
The Selection Process 156 Initial Screening 156 Completing the Application Form 157 DIVERSITY ISSUES IN HRM: Interview Questions 158 Key Issues 159 Weighted Application Forms 159 Successful Applications 159
Preemployment Testing 160 Performance Simulation Tests 160 Work Sampling 160 Assessment Centers 160 Testing in a Global Arena 160
DID YOU KNOW?: Too Much Information 161 Comprehensive Interviews 161 Interview Effectiveness 162
Interview Issues 162 Interview Bias 162
Online Recruiting 143
DID YOU KNOW?: Steps for Effective Interviewing 162
Effective Recruiting 144
ETHICAL ISSUES IN HRM: The Stress Interview 163
Recruitment Alternatives 145 Temporary Help Services 145 Employee Leasing 145 Independent Contractors 145 Workplace Issues: "Best Practice" Ideas Applicable to Recruitment and Hiring 146
The Behavioral Interview 164
Realistic Job Previews 164 Conditional Job Offers 165 Background Investigation 165 Medical/Physical Examination 167
Recruiting: A Global Perspective 146
Job Offers 168
DID YOU KNOW?: Posting Online Résumés 147
The Comprehensive Approach 168
Your Own Job Search 147 Preparing Your Résumé 148 Some Final Remarks 149 Summary 149
150
HRM Workshop
Now It's Up to the Candidate 169 Selection for Self-Managed Teams
170
Key Elements for Successful Predictors 170
Demonstrating Comprehension: Questions for Review 150 Key Terms
WORKPLACE ISSUES: Avoiding Hiring Mistakes 169
151
Linking Concepts to Practice: Discussion Questions 151 Developing Diagnostic and Analytical Skills 151
Reliability 171 Validity 171 Content Validity 171 Construct Validity 172 Criterion-Related Validity 172
Validity Analysis 173
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Cut Scores and Their Impact on Hiring 173 Validity Generalization 175
Employee Development Methods 192
Selection from a Global Perspective 175 Final Thoughts: Excelling at the Interview 175 Summary 177 Demonstrating Comprehension: Questions for Review 177 Key Terms
178
HRM Workshop
Employee Development 191 Job Rotation 193 Assistant-To Positions 193 Committee Assignment 193 Lecture Courses and Seminars 193 Simulations 193 Adventure Training 194
DID YOU KNOW?: Training Expenditures 194 179
Organization Development 195
Linking Concepts to Practice: Discussion Questions 179 Developing Diagnostic and Analytical Skills 179 Case Application 7: Timing of the Job Offer 179 Working with a Team: Preparing for the Interview 179 Learning an HRM Skill: Creating Effective Interview Questions 180 Enhancing Your Communication Skills 180
Change Is a Popular Topic
195
The Calm Waters Metaphor 195 The White-Water Rapids Metaphor 196
ETHICAL ISSUES IN HRM: OD Intervention 197 OD Methods 197 Organization Development 197 OD Techniques 197
WORKPLACE ISSUES: Playing Coach 198
PART 4 TRAINING AND DEVELOPMENT
A Special OD Case: The Learning Organization 199 Evaluating Training and Development Effectiveness 199 Evaluating Training 199 Performance-Based Evaluation Measures 200
Chapter 8 Socializing, Orienting, and Developing Employees 182
Development 202
184
The Insider-Outsider Passage
International Training and Development Issues 201 Cross-Cultural Training 201
Learning Outcomes 182 Introduction
Post-Training Performance Method 200 Pre-Post-Training Performance Method 201 Pre-Post-Training Performance with Control Group Method 201
184
Socialization 184 Assumptions of Employee Socialization 184 Socialization Strongly Influences Employee Performance and Organizational Stability 184 Organizational Stability Also Increases through Socialization 185 New Members Suffer from Anxiety 185 Socialization Does Not Occur in a Vacuum 185 Individuals Adjust to New Situations in Remarkably Similar Ways 185
The Socialization Process 185 The Purpose of New-Employee Orientation 186 Learning the Organization's Culture 187 The CEO's Role in Orientation 187 HRM's Role in Orientation 188 It's All in Here: The Employee Handbook 188 Why Use an Employee Handbook? 188
Summary 203 Demonstrating Comprehension: Questions for Review 203 Key Terms
204
HRM Workshop
205
Linking Concepts to Practice: Discussion Questions 205 Developing Diagnostic and Analytical Skills 205 Case Application 8-A: The Underrated Checklist: Five Steps to Save Lives 205 Case Application 8-B: Delivering at UPS 205 Working with a Team: Orienting Employees 206 Learning an HRM Skill: Coaching Employees 206 Enhancing Your Communication Skills 207
Chapter 9 Managing Careers
208
Learning Outcomes 208
Employee Training 189
Introduction
DIVERSITY ISSUES IN HRM: Training and EEO 190
What Is a Career?
210 210
Determining Training Needs 190
Individual versus Organizational Perspective 211
Training Methods 191
Career Development versus Employee Development 211
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Career Development: Value for the Organization 211 Needed Talent Will Be Available 211 The Organization's Ability to Attract and Retain Talented Employees Improves 212 Minorities and Women Have Comparable Opportunities for Growth and Development 212 Reduced Employee Frustration 212 Enhanced Cultural Diversity 212 Organizational Goodwill 212
Career Development: Value for the Individual 212 Mentoring and Coaching 213 ETHICAL ISSUES IN HRM: Special Mentoring Programs for Women and Minorities 215 Traditional Career Stages 216 Exploration 216 Establishment 217 Mid-Career 218 Late Career 218 Decline (Late Stage) 218 DID YOU KNOW?: Where Are the Jobs? 219 Career Choices and Preferences 219 Holland Vocational Preferences 220 The Schein Anchors 221 The Myers-Briggs Typologies 221
WORKPLACE ISSUES: A Special Case of a Career: Entrepreneurship 222 Enhancing Your Career
223
Summary 224 Demonstrating Comprehension: Questions for Review 224 Key Terms
225
HRM Workshop
226
Linking Concepts to Practice: Discussion Questions 226 Developing Diagnostic and Analytical Skills 226 Case Application 9-A: A Fudge Career 226 Case Application 9-B: Funeral for My Career 226 Working with a Team: Career Insights 227 Learning an HRM Skill: Making a Career Choice 227 Enhancing Your Communication Skills 228
PART 5 MAINTAINING HIGH PERFORMANCE Chapter 10 Establishing the Performance Management System 230
Performance Management Systems 232 Purposes of a Performance Management System 232 ETHICAL ISSUES IN HRM: The Inaccurate Performance Appraisal 233 DID YOU KNOW?: Facts on Performance Evaluations 234 Difficulties in Performance Management Systems 234 Focus on the Individual 234 Focus on the Process 235
Performance Management and EEO 235 The Appraisal Process 236 Establish Performance Standards 236 Communicate Expectations 236 Measure Actual Performance 236 Compare Actual Performance with Standards 237 Discuss the Appraisal with the Employee 237 Initiate Corrective Action if Necessary 237 Appraisal Methods 237 Evaluating Absolute Standards 237 Critical Incident Appraisal 238 Checklist Appraisal 238 Graphic Rating Scale Appraisal 238 Forced-Choice Appraisal 239 Behaviorally Anchored Rating Scales 240
Relative Standards Methods 241 Group Order Ranking 241 Individual Ranking 241 Paired Comparison 241
WORKPLACE ISSUES: Forced Rankings—Are They Working? 242 Using Achieved Outcomes to Evaluate Employees 243 Common Elements in MBO Programs 243 Does MBO Work? 243
Factors That Can Distort Appraisals 244 Leniency Error 244 Halo Error 245 Similarity Error 245 Low Appraiser Motivation 245 Central Tendency 245 Inflationary Pressures 246 Inappropriate Substitutes for Performance 246 Attribution Theory 246 Creating More Effective Performance Management Systems 247 Use Behavior-Based Measures 248 Combine Absolute and Relative Standards 248 DID YOU KNOW?: The "Anywhere" Performance Appraisal 248 Provide Ongoing Feedback 249 Use Multiple Raters 249
Learning Outcomes 230
Use Peer Evaluations 249
Introduction
360-Degree Appraisals 250
232
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WORKPLACE ISSUES: Team Performance Appraisals 250 Rate Selectively 251 Train Appraisers 251 The Performance Appraisal Meeting 251 International Performance Appraisal 253 Who Performs the Evaluation? 253 Evaluation Formats 253 DID YOU KNOW?: Performance Metrics in China 254 Summary 254 Demonstrating Comprehension: Questions for Review 255 Key Terms
255
HRM Workshop
256
Linking Concepts to Practice: Discussion Questions 256 Developing Diagnostic and Analytical Skills 256 Case Application 10: Rank 'Em and Yank 'Em 256 Working with a Team: Behaviorally Anchored Rating Scales 256 Working with a Team: The 360-Degree Performance Appraisal 257 Learning an HRM Skill: Writing Appraisal Comments 257 Enhancing Your Communication Skills 258
Compensation Surveys 270 Wage Curves 270 The Wage Structure 271
External Factors 272 Geographic Differences 272 Labor Supply 272 Competition 272 Cost of Living 272 Collective Bargaining 273 Communicating with Employees 273
Special Cases of Compensation 273 Incentive Compensation Plans 273 Individual Incentives 273 Group Incentives 274 Organization-Wide Incentives 274
Paying for Performance 275 Team-Based Compensation 276 Executive Compensation Programs 277 Salaries of Top Managers 277 Supplemental Financial Compensation 277 ETHICAL ISSUES IN HRM: Are U.S. Executives Overpaid? 278 Supplemental Nonfinancial Compensation: Perquisites 279 International Compensation
Chapter 11 Establishing Rewards and Pay Plans 260
Base Pay 279 DID YOU KNOW?: Compensation in a Global Environment 280 Differentials 280
Learning Outcomes 260
Incentives 280
Introduction
Assistance Programs 280
262
Intrinsic versus Extrinsic Rewards 262 ETHICAL ISSUES IN HRM: Salary Negotiation and Discrimination 262
Summary 281 Demonstrating Comprehension: Questions for Review 281
Financial versus Nonfinancial Rewards 263
Key Terms
Performance-Based versus Membership-Based Rewards 263
HRM Workshop 283
Compensation Administration 264 Government Influence on Compensation Administration 265 Fair Labor Standards Act 265 The Civil Rights and Equal Pay Acts 265
DID YOU KNOW?: The Minimum Wage Debate 267
279
282
Linking Concepts to Practice: Discussion Questions 283 Developing Diagnostic and Analytical Skills 283 Case Application 11: Re-Thinking Compensation at First Merit Bank 283 Working with a Team: Understanding Incentive Plans 283 Learning an HRM Skill: Pay-for-Performance Goal Setting 284 Enhancing Your Communication Skills 284
Job Evaluation and the Pay Structure 267 Job Evaluation 267 Isolating Job Evaluation Criteria 268
Chapter 12 Employee Benefits 286
Job Evaluation Methods 268 Ordering Method 268 Classification Method 268 Point Method 269
Establishing the Pay Structure 270
Learning Outcomes 286 Introduction
288
Costs of Providing Employee Benefits 288 Contemporary Benefits Offerings 288
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Contents ETHICAL ISSUES IN HRM: Domestic Partner Benefits 290 Legally Required Benefits 290 Social Security 290 Unemployment Compensation 291 DID YOU KNOW?: Look out for the Silver Tsunami 291 Workers' Compensation 292
xiii HRM Workshop
309
Linking Concepts to Practice: Discussion Questions 309 Developing Diagnostic and Analytical Skills 309 Case Application 12: A Perky Way to Productivity 309 Working with a Team: Benefit Selections 309 Learning an HRM Skill: Calculating a Long-Term Disability Payment 310 Enhancing Your Communication Skills 311
Family and Medical Leave Act 293 Voluntary Benefits 293 Health Insurance 293 Traditional Health Insurance 295 Health Maintenance Organizations 295 Preferred Provider Organizations 295 Point-of Service Plan 295 Consumer-Driven Health Plans 296 Employer-Operated Coverage 296 Health Insurance Continuation 296 The HIPAA Requirement 297
Retirement Benefits 297 WORKPLACE ISSUES: Flying High No More: Airline Pensions Crash and Burn 298
Chapter 13 Ensuring a Safe and Healthy Work Environment 312 Learning Outcomes 312 Introduction 314 The Occupational Safety and Health Act 314 OSHA Inspection Priorities 314 OSHA Record-Keeping Requirements 316 OSHA Punitive Actions 317 OSHA: A Resource for Employers 320
Defined Benefit Plans 299
Areas of Emphasis 320
Defined Contribution Plans 299
Education and Training 320
Money Purchase Pension Plans 299 Profit-Sharing Plans 299 Individual Retirement Accounts 299 401(k)s 300
Paid Time Off 300 Vacation and Holiday Leave 301 DID YOU KNOW?: Benefits Around the Globe 301 Disability Insurance Programs 302
Assisting Employers in Developing a Safer Workplace 323 Management Commitment and Employee Involvement 323 Worksite Analysis 323 Hazard Prevention and Control 324
WORKPLACE ISSUES: OSHA's Top Ten Violations 324 Training for Employees, Supervisors and Managers 325
Contemporary Health and Safety Issues 325 Workplace Violence 325
ETHICAL ISSUES IN HRM: Making Sick Leave a Required Benefit? 302 Sick Leave 302 Short-Term Disability Plans 303 Long-Term Disability Plans 303
Indoor Air Quality 326 The Smoke-Free Environment 327 WORKPLACE ISSUES: Faith in the Slaughterhouse 327 Repetitive Stress Injuries 328
WORKPLACE ISSUES: Leaving It Up to You: Paid Time Off Leave (PTO) 303
Stress 328
Survivor Benefits 304
DID YOU KNOW?: Employees Wasting Time at Work 330
Common Causes of Stress 329
Group Term Life Insurance 304
Symptoms of Stress 331
Travel Insurance 304
Reducing Stress 331
Employee Services and Family-Friendly Benefits 304
A Special Case of Stress: Burnout 331
An Integrative Perspective on Employee Benefits 305
Causes and Symptoms of Burnout 331 Reducing Burnout 332
Flexible Spending Accounts 305 Modular Plans 306 Core-Plus Options Plans 306
Employee Assistance Programs 332 A Brief History of EAPs 332
Summary 307
EAPs Today 333
Demonstrating Comprehension: Questions for Review 308
Wellness Programs/Disease Management 333
Key Terms 308
ETHICAL ISSUES: Smokers and the Obese Need Not Apply 334
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International Safety and Health 334
WORKPLACE ISSUES: The Union Drive 351
International Health Issues 335
Objective and Scope of Collective Bargaining 351
International Safety Issues 336
Collective-Bargaining Participants 352
Summary 336
The Collective-Bargaining Process 352
Demonstrating Comprehension: Questions for Review 337 Key Terms
337
HRM Workshop
338
Preparing to Negotiate 352 Negotiating at the Bargaining Table 353 Contract Administration 353
Failure to Reach Agreement 354
Linking Concepts to Practice: Discussion Questions 338
Strikes versus Lockouts 355
Developing Diagnostic and Analytical Skills 338
Impasse-Resolution Techniques 355
Working with a Team: Health and Safety 338
ETHICAL ISSUES IN HRM: The Striker Replacement Dilemma 356
Learning an HRM Skill: Developing Safety Skills 339
Critical Issues for Unions Today
Case Application 13: Protection OSHA Style 338
Enhancing Your Communication Skills 339
356
Union Membership: Where Have the Members Gone? 357 WORKPLACE ISSUES: The Union Summer 358
PART 6 LABOR–MANAGEMENT ENVIRONMENTS
Labor-Management Cooperation 358 Public Sector Unionization 359 Unionizing the Nontraditional Employee 359 DID YOU KNOW?: Is There Addition by Subtraction? 360
Chapter 14 Understanding Labor Relations and Collective Bargaining 340
International Labor Relations 360
Learning Outcomes 340
Demonstrating Comprehension: Questions for Review 363
Introduction
342
Why Employees Join Unions 343 Higher Wages and Benefits 343
Differing Perspectives Toward Labor Relations 361 The European Community 362 Summary 362
Key Terms
363
HRM Workshop
364
Greater Job Security 343
Linking Concepts to Practice: Discussion Questions 364
Influence Over Work Rules 343
Developing Diagnostic and Analytical Skills 364
Compulsory Membership 343 Dissatisfaction with Management 345 Labor Legislation 346
Case Application 14: "Save Money. Live Better." Wal-Mart and Unions Interpret the Slogan Differently. 364 Working with a Team: Handling a Grievance 364
The Wagner Act 346
Learning an HRM Skill: Negotiation Skills 365
The Taft-Hartley Act 346
Enhancing Your Communication Skills 365
Other Laws Affecting Labor-Management Relations 347
Endnotes 367
DIVERSITY ISSUES IN HRM: Unions and EEO 348 The Railway Labor Act of 1926 348 Landrum-Griffin Act of 1959 348 Executive Orders 10988 and 11491 348 Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 349 Civil Service Reform Act of 1978 349
Unionizing Employees 349 Collective Bargaining 350
Glossary 389 Company Index 395 Subject Index 398
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Preface The sailing crew on the cover faces many of the same goals and challenges as any organization in our unpredictable business environment. Success and possibly survival depend on a well designed boat with a carefully selected and thoroughly trained crew that understands the strategy of the race. They must be able to quickly adjust the sails, rigging, and rudder to keep moving forward and somehow gain a competitive advantage. Some external factors such as the competition may be visible and predictable, but invisible factors such as the wind and waves may be unpredictable and require minor adjustments or a major change in strategy. When organizations face challenges such as an economy in recession, they depend on thoroughly trained professionals who react quickly to the changes in the environment and create strategies for success. Human Resource ManageLike a crew sailing an ocean race, success ment (HRM) is responsible for carefully selecting and training people with and possibly survival depends on a good the necessary skills to pursue the strategy effectively. Some external factors can be predicted; others, such as the collapse of large banks and crew that understands the strategy and can insurance companies, can seemingly come out of nowhere. The challenges adapt quickly to the unpredictable have been coming fast and furious recently as organizations struggle to environment. adjust strategy in the face of a tumbling stock market, widespread layoffs, bankruptcies of companies once considered to be icons in their industries, an increasingly global environment, changes brought by a new U.S. president, and technology that has made social networking a mainstream tool for business—just to name a few! Welcome to the tenth edition of Fundamentals of Human Resource Management. It is truly an exciting time to be studying Human Resource Management. We appreciate that you are taking time to read this preface to get a better understanding of the text and the resources for learning it includes.
About the Book Students taking an HRM class are very likely to be taking it as an elective class or a first class toward an HRM major. Both of these groups need a strong foundation book that provides the essential elements of HRM as well as a clear understanding of how HRM links with business strategy. It is becoming increasingly important for employees on every level of the organization to understand HRM elements such as recruitment, training, motivation, retention, safety, and the legal environment. These fundamentals will not create experts in HRM, yet for those who wish to become experts, this book will provide that strong foundation upon which additional coursework in HRM can be built. The objectives and content in this text have been created to be compatible with the content areas and curriculum templates developed and suggested by the Society of Human Resource Management (SHRM). The minimum HR content areas as identified by SHRM include: ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Compensation, benefits, and total rewards Employee and labor relations Employment law History of HR and its role HR and globalization HR and mergers and acquisitions HR and organizational strategy Human resource information systems (HRIS) Measuring HR outcomes and the bottom line Occupational health, safety, and security Performance appraisal and feedback xv
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Recruiting and selection Workforce planning and talent management
Content of the text has also been developed to provide a background in the functional areas identified by the HR Certification Institute (HRCI) for the exams for certification for Professional in Human Resources (PHR), Senior Professional in Human Resources (SPHR) and Global Professional in Human Resources (GPHR). Our goal has been to produce a text that addresses these critical foundations of HRM, yet provide the most current reference possible for the dynamic present and unpredictable future environment of HRM. All research has been updated and examples have been kept as current as possible considering the timeline necessary for publishing a textbook. Some examples will undoubtedly change quickly and unexpectedly. Please consider this an opportunity to research how and why these changes took place and their implications for HRM. Many sources for research and updates have been included in the chapter content and HRM Workshop learning activities.
Several Content Topics New in This Edition Ninety percent of the chapters have completely new opening vignettes to add interest and application of concepts as well as end-of-chapter case applications that challenge a student's understanding of the chapter's material. Updates and additions to research, current example, and assignments are too numerous to mention. New topics and other substantial additions to the text include: New to Chapter 1: International diversity; HRM challenges New to Chapter 2: In the name of strategy; Increased emphasis on link between HR and business strategy; HR careers; Outsourcing HR New to Chapter 3: Small business and the USERRA and VIBA; Recruiting diversity; English-only rules; EEOC and younger workers New to Chapter 4: Chapter title changed to "Employee Rights and Discipline"; Communication moved to Chapter Eight; Employee discipline; Employee dismissal; Company monitoring of employees; Workplace romance and fraternization policies New to Chapter 5: Department of Labor O*NET database and content model; Turnover at transportation; Communication skills activity New to Chapter 6: Employment branding New to Chapter 7: Acceptable and unacceptable interview questions; Facebook and LinkedIn; Effective interviewing; Creating effective interview questions activity New to Chapter 8: Employee handbook section moved from Chapter 4 New to Chapter 9: Career; Growing/declining jobs New to Chapter 10: Technology in the appraisal process; Creating a performance appraisal team activity; How to write effective appraisal comments New to Chapter 11: Salary negotiation and discrimination; Violations of Fair Labor Standards Act; Merit pay learning activity New to Chapter 12: Social Security and the "Silver Tsunami"; Reducing health-care costs for employers; Decline of defined benefit retirement plans; Paid time off (PTO) New to Chapter 13: OSHA assistance to employers; OSHA's top ten violations New to Chapter 14: Increased coverage and illustration of right-to-work laws; Wal-Mart and unions
Features to Encourage Learning Our experience has shown us that students are more likely to read a text when the reading is straightforward and conversational, the topics flow logically, and the authors make extensive use of examples to illustrate concepts. Students also remember and understand the concepts and practices most clearly when they are illustrated through
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examples, so we've used a wealth of examples to clarify ideas and build interest. The last year has provided unusual challenges to providing current examples. The financial crisis and recession that descended on the United States in the fall of 2008 saw the failure or bankruptcy of companies that were formerly considered to be well run and highly admired. Human Resource professionals worried about attracting enough qualified talent were suddenly faced with laying off thousands of workers, and possibly eliminating their own positions. The world has not stopped changing as this text goes into print. As you discover that the circumstances of a particular company have changed dramatically since the text was published, please consider it an opportunity to research and learn why the change occurred and the role HR has in the change. We have also tried to write this edition in a clear, concise, and conversational style. Students taking the class online may appreciate a text that is more conversational since they usually do not have regular face-to-face interaction with faculty or classmates. These factors guided us in developing this text as a highly effective learning tool. Let's take a look as some of the features of the text that facilitate learning:
Learning Outcomes Learning outcomes identify specifically what the reader should gain after reading the chapter. These outcomes are designed to focus students' attention on major topics within each chapter. Each outcome is a key learning component for our readers. Learning outcomes were carefully examined and updated for this tenth edition.
Chapter Summaries Just as outcomes tell the readers where they are going, chapter summaries remind readers where they have been. Each chapter of the book concludes with a concise summary directly linked to the learning outcomes identified at the beginning of each chapter.
Key Terms Throughout the chapter, key terms are highlighted where they first appear in the text and are defined in the margin as well as in the Glossary section in the back of the book. Key terms are also listed at the end of each chapter as a reminder of the major terms defined in the material just read.
Review and Discussion Questions Every chapter in this book contains a set of review and discussion questions. If students have read and understood the concepts of the chapter, they should be able to answer the review questions. These reading-for-comprehension questions are drawn directly from the chapter material. The discussion questions go beyond comprehension. They're designed to foster higher order thinking skills by requiring readers to apply, integrate, synthesize, or evaluate an HRM concept. The Linking Concepts to Practice discussion questions will allow students to demonstrate that they not only know the facts in the chapter, but they can also use those facts to deal with more complex issues. They also make great "lecture break" discussion questions for small or large groups.
HRM Workshop It's not enough to just know about Human Resource Management. Students entering HRM today need a variety of skills for career success. The HRM Workshop sections at the end of each chapter are designed to help students build analytical, diagnostic, teambuilding, investigative, presentation, communication, and writing skills. We address these skill areas in several ways. A section called "Developing Diagnostic and Analytical Skills"
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includes current case studies of real companies with questions designed to build critical thinking and decision-making skills along with diagnostic and analytical skills. "Working with a Team" includes thought-provoking scenarios for team discussions in class or team projects outside of class. A section called "Learning an HRM Skill" includes skill-building activities that concentrate on the personal competencies necessary for HRM career success as identified by the Society of Human Resource Management (SHRM). Finally, "Enhancing Your Communication Skills" includes activities that develop important research, writing, and presentation skills. Many of these activities include short research papers or class presentations using presentation software or short videos found online.
PowerPoint One piece of feedback we received from students was that many of their professors were using PowerPoint slides and students were spending considerable time copying the slides. They requested that we help them take better notes by including on our Web site copies of the slides a professor may use. Accordingly, we've provided these PowerPoint slides that accompany each chapter on the student companion site.
Supplemental Material This book is supported by a comprehensive learning package that helps instructors create a motivating environment and provides students with additional instruments for understanding and reviewing major concepts. The following resources can be found on the instructor and student companion sites at www.wiley.com/college/decenzo.
Instructor's Resource Guide This includes, for each chapter, a chapter overview, a description of additional features within the chapter, a chapter outline, additional lecture and activity suggestions, answers to class exercises, answers to case applications, and additional review and discussion questions.
PowerPoint A robust set of PowerPoint slides developed to help enhance your lectures are provided for each chapter. An image bank, containing all of the illustrations from the text, is also provided for inclusion in PowerPoint presentations. The slides have also been provided in handout form on the student companion site.
Test Bank This resource contains approximately eighty questions per chapter, including multiple choice, true/false, matching, and completion questions.
Computerized Test Bank This test bank, powered by Diploma, allows instructors to customize quizzes and exams for each chapter.
Video Package Students rarely follow current events in newspapers or from traditional evening news shows on television. Many depend upon online sources that may only include headlines or cable shows such as Comedy Central's The Daily Show. A DVD has been developed for this
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course that contains a selection of film clips that relate to various topics throughout the text. These can be used to introduce topics, provide group activities during class, or provide background for class discussion. A learning guide for the videos is available on the instructor companion Web site.
Student Web Quizzes Online quizzes, varying in level of difficulty, are designed to help students evaluate their individual chapter progress. Here, students will have the ability to test themselves with fifteen questions per chapter.
WileyPLUS This online course management system provides an integrated suite of teaching and learning resources, along with a complete online version of the text, in one easy-to-use Web site. WileyPLUS will help you create class presentations, create assignments, automate the assigning and grading of homework or quizzes, track student progress, and administer your course. It also includes pre- and post-lecture quizzes, flashcards of key terms, and more. For more information, go to www.wiley.com/college/wileyplus.
Acknowledgments Getting a finished book into a reader's hands requires the work of many people. The authors do their part by efficiently developing an outline, thoroughly researching topics, writing about the topics, and developing learning activities. We would like to recognize just a few of the people who contributed to this text. First are our reviewers. Authors cannot survive without good feedback from reviewers. Ours were outstanding, and we appreciate the feedback they gave us. We do recognize that the book before you is better because of the insight they provided. We'd like to recognize reviewers of this edition: Norman Foy, Mercy College; Cathy Daly, Cal State Sacramento; Barbara Blissert, Mills College; Teresa Palmer, Illinois State University; Eugene Garaventa, College of Staten Island; Carolyn Waits, Cincinnati State University; Joyce Guillory, Austin Community College; Diane Regal, Sullivan County Community College; Robert Perkins, Mercer University; Carol A. Spector, University of North Florida; and Kim Lukaszewski, SUNY, New Paltz. A book doesn't simply appear automatically on bookstore shelves. It gets there through the combined efforts of many people. For us, this is the outstanding publishing team at John Wiley & Sons, consisting of George Hoffman, Publisher; Lise Johnson, Acquisitions Editor; Susan McLaughlin, our very gifted and patient editor; Carissa Doshi Marker, Assistant Editor; Sarah Vernon, Senior Editorial Assistant; and Sandra Dumas, Senior Production Editor. Others deserving special mention for their contributions are Brenda Moorehead and RaeAnn Guns. Last, we want to acknowledge a few people individually. From Dave: To my wife, Terri, for all her support and love. And to my children— Mark, Meredith, Gabriella, and Natalie—thank you for all you do. You continue to be the "light of my life." From Steve:
To Laura for all that she brings to my life.
From Susan: To my husband John, my daughter Katie, and my Mom. Thanks for your love and endless support.
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Practice the Concepts
More Cases and Articles
http://www.wiley.com/college/decenzo COMPREHENSIVE COMPANION WEBSITE INCLUDING: ■
PowerPoint slides
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Crossword Puzzles
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Self Scoring quizzes
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Team Fun! Case applications
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Essential Website links for research and study
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Videos
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Test Bank
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Instructor's Guide
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Computerized Test Bank
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Video Teaching Notes
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Web Quizzes
BUSINESS EXTRA SELECT Do you use readings or cases in your Human Resource Management class? Business Extra Select (www.wiley.com/college/bxs) enables you to add copyright-cleared articles, cases, and readings from such leading business resources as INSEAD, Ivey, Harvard Business School Cases, Fortune, The Economist, The Wall Street Journal, and more. You can create your own custom CoursePack, combining these resources with content from DeCenzo and Robbins' Fundamentals of Human Resource Management, Tenth Edition, your own content (such as lecture notes), and any other third-party content. Or you can use or edit the ready-made CoursePack.
Uses Real Companies 7-Eleven Abercrombie & Fitch American Express Apple Computer AT&T Baxter International Best Buy Boeing CitiGroup Coca Cola Domino's Dow Chemical DuPont Ebay Federal Express
Ferrari Ford Motor Company Four Seasons Resorts General Electric General Motors Hewlett-Packard Honolulu Police Department IBM John Deere Johnson & Johnson K-mart Levi-Strauss Mars Company McDonald's
Motorola Nabisco Nike Oracle Otis Elevator Principal Financial Group Priority Staffing Proctor & Gamble Remington San Diego Zoological Society Sears Siemens Southwest Airlines Starbucks
Sun Microsystems Target The Home Depot Transportation Safety Administration Tropicana Unilever UPS Volvo Wal-Mart Whirlpool Corp. Winn-Dixie Stores, Inc. Xerox And much more!
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About the Authors DAVID A. DECENZO received his Ph.D. from West Virginia University. He is the president at Coastal Carolina University. His major teaching and research interests focused on the general areas of human resource management, management, and organizational behavior. He has published articles in such journals as Harvard Business Review, Business Horizons, Risk Management, Hospital Topics, and Performance and Instruction. Dr. DeCenzo has spent the past two-plus decades writing textbooks. His books include Supervision Today and Fundamentals of Management with Stephen Robbins; Human Relations with Beth Silhanek; Essentials of Labor Relations (1992) with Molly Bowers; and Employee Benefits (1990) with Stephen Holoviak. These books are used widely at colleges and universities in the United States, as well as schools throughout the world. Dr. DeCenzo also has industry experience as a corporate trainer, and has served as a consultant to a number of companies. He also serves on the Board of Directors of the AVX Corporation. STEPHEN P. ROBBINS received his Ph.D. from the University of Arizona. He previously worked for the Shell Oil Company and Reynolds Metals Company and has taught at the University of Nebraska at Omaha, Concordia University in Montreal, the University of Baltimore, Southern Illinois University at Edwardsville, and San Diego State University. Dr. Robbins's research interests have focused on conflict, power, and politics in organizations, behavioral decision making, and the development of effective interpersonal skills. His articles on these and other topics have appeared in such journals as Business Horizons, California Management Review, Business and Economic Perspectives, International Management, Management Review, Canadian Personnel and Industrial Relations, and Journal of Management Education. Dr. Robbins is a best-selling textbook author in the areas of management and organizational behavior. His books have sold in excess of three million copies and are currently used by students in more than a thousand U.S. colleges and universities, and have been translated into sixteen languages. Dr. Robbins also actively participates in masters' track competition. Since turning fifty in 1993, he has set numerous indoor and outdoor age-group world sprint records. He has won more than a dozen indoor and outdoor U.S. championships at 60 m, 100 m, 200 m, and 400 m, and won seven gold medals at World Masters Championships. In 2005, he was inducted into the Masters Track & Field Hall of Fame. Tenth Edition Contributor SUSAN L. VERHULST received her M.B.A. from Drake University. She is a Professor of Management at Des Moines Area Community College where she has received the "Distinguished Teaching Award." Susan teaches human resource management and management classes and has researched, developed, and taught online courses in management and human resource management. Her previous work with John Wiley & Sons includes developing "Lecture Launcher" DVDs and instructor's guides in the areas of management and organizational behavior. She is a member of the Society of Human Resource Management.
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To:
Our Readers
From:
Dave DeCenzo, Steve Robbins, and Susan Verhulst
Subject:
How to Get the Most Out of This Text
All authors of a textbook generally include a preface that describes why they wrote the book and what's unique about it, and then thank a lot of people for the role they played in getting the book completed. Well, we're no different. We just did that, too. But it has become crystal clear to us that two things are common about a book's preface. First, it's usually written for the professor, especially one who's considering selecting the book. Second, students usually don't read the preface. That's unfortunate because it often includes information that students would find useful. As authors, we do listen to our customers. And many of ours have told us that they'd enjoy some input from us. So we've written this memo. Our purpose is to provide you with our ideas about the book, how it was put together, and more important how you can use it to better understand the field of HRM and do better in this class! This book was written to provide you with the foundations of HRM. Whether you intend to work in HRM or not, most of these elements will affect you at some point in your career. How? Take, for example, the performance appraisal. Although you might not currently be in a position to evaluate another individual's work performance, if you are working, you're more than likely to have your performance appraised. For that matter, each time you take an exam in a class, your performance is being evaluated. Consequently, it's important for you to have an understanding of how it should work, and the potential problems that may exist. We begin Part 1 of this book with an emphasis on providing you with an overview of the ever-changing world of work and the effect it is having on HRM. With that as a foundation, we then proceed to introduce you to HRM, its approach, the link to organizational strategy, and the different roles HR plays. In Part 2, we turn our attention to the laws that affect HRM activities. Much of how HRM operates is guided by legislation and court decisions that prohibit practices that adversely affect certain groups of people. Without a good understanding of these laws, an organization's performance can suffer, and the organization can be vulnerable to costly lawsuits. Part 2 ends with a discussion of several areas focusing on employee rights. Parts 3 through 5 provide coverage of the fundamental activities that exist in HRM. Part 3 explores the staffing function, with discussions on employment recruiting and selection. Part 4 addresses means for socializing, training, and developing employees. Part 5 looks at how organizations encourage high performance by evaluating, paying, and rewarding its employees. Much of the discussion in Parts 2 through 5 reflects typical activities in an organization that is not unionized. When a union is present, however, many of these practices might need modification to comply with another set of laws. As such, we reserved the final chapter for dealing with labor-management relations. While we are confident that completing the 14 chapters contained in this book will provide the fundamentals of HRM, a text has to offer more. It should not only cover topics (we hope, in an interesting and lively way), it should also assist in the learning process. It should be written in such a way that you can understand it, it keeps your attention, and it provides you an opportunity for feedback. We think we've met each of these goals. Of course, only you can be the judge of our claim. But let's look at how we arrived at our conclusion. To be understandable and lively means that we need to communicate with you. We make every attempt in this text to have it sound as if we were in front of your class speaking with you. Writing style is important to us. We use examples whenever possible— real companies, so you can see that what we talk about is happening in the real world. xxii
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In the past, people using our books have indicated that our writing style does help hold their attention. But although good communication is critical, is only half of the equation. The ultimate tests for you are: Does the book help you do well on exams? Does it help prepare you for a job? We start every chapter with learning outcomes. We view these as the critical learning points. They present a logic flow from which the material will be presented. If you can explain what is proposed in each learning objective, you'll be on the right track to understanding the material. But memory sometimes fools us. We read the material, think we understand it, see how the summaries directly tie the learning outcomes together, then take the exam and receive a grade that is not reflective of what we knew we knew. We have given a lot of thought to that issue, and think we've come up with something that will help—putting a feedback test on www.wiley.com/college/decenzo, the Web site that supports our book! The typical textbook ends each chapter with a set of review questions. Sometimes, your tests look much like these types of questions. But exams also have a tendency to emphasize multiple-choice questions. So we've included sample test questions on our Web site (www.wiley.com/college/decenzo) to help you prepare for exams in this class. These questions are actual questions that we've used to test our students' understanding of the material. If you can correctly answer these questions, then you're one step closer to enhancing your understanding of HRM. Recognize, of course, that these are only a learning aid. They help you to learn but don't replace careful reading or intensive studying. And don't assume that getting a question right means you fully understand the concept covered. Why? Because any set of multiple-choice questions can only test a limited range of information. So don't let correct answers lull you into a sense of false security. If you miss a question or don't fully understand why you got the correct response, go back to the material in the chapter and reread the material. Learning, however, goes beyond just passing a test. It also means preparing yourself to perform successfully in tomorrow's organizations. You'll find that organizations today require their employees to work more closely together than at any time in the past. Call it teams, horizontal organizational structures, matrix management, or something similar, the fact remains that your success will depend on how well you work closely with others. To help model this group concept for you, we have included class exercises in this text. Each of these team experiential learning efforts is designed to highlight a particular topic in the text and give you an opportunity to work in groups to solve the issue at hand. One last thing before we close: What can you take out of this course and use in the future? Many business leaders have complained about how business schools train their graduates. Although business schools have made many positive accomplishments, one critical component appears lacking—practical skills. The skills you need to succeed in today's business environment are increasing. You must be able to communicate (both verbally and in a written format), think creatively, make good and timely decisions, plan effectively, and deal with people. In HRM, we have an opportunity to build our skills bank. As you go through this text, you'll find a dozen or more practical skills that you can use on your job. We hope you give them special attention, practice them often, and add them to your repertoire. We've also included suggestions for writing and presentation assignments that cover an important aspect of the chapter's material. Look at these as a learning tool, not as an assignment that you have to do. We think you'll find working on these will help prepare you for dealing with the kinds of writing requests you get on the job. Finally, if you'd like to tell us how we might improve the next edition of this book, we encourage you to write Dave DeCenzo at Coastal Carolina University, P.O. Box 261954, Conway, SC 29528; or email him at [email protected] To those of you who have done so in the previous editions, we appreciate you taking the time to write us. Thanks for helping us out.
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Thoroughly Covers HRM Concepts
Comprehensive Learning Package with current examples and a fresh perspective:
BRIEF TABLE OF CONTENTS CHAPTER LEARNING OUTCOMES give insight PART 1
UNDERSTANDING HRM
Chapter 1
The Dynamic Environment of HRM
Chapter 2
Fundamentals of Strategic HRM
PART 2
THE LEGAL AND ETHICAL CONTEXT OF HRM
into the important learning goals.
BOXED FEATURES: ■
DIVERSITY ISSUES IN HRM highlighting ways to promote diversity in organizations.
■
WORKPLACE ISSUES giving insight into opportunities and challenges of implementing HRM in the organization.
Chapter 3
Equal Employment Opportunity
Chapter 4
Employee Rights and Discipline
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ETHICAL ISSUES with actual and theoretical ethical dilemmas for discussion.
PART 3
STAFFING THE ORGANIZATION
■
DID YOU KNOW? Current examples and topics to help students apply HRM learning.
Chapter 5
Human Resource Planning and Job Analysis
Chapter 6
Recruiting
Chapter 7
Foundations of Selection
PART 4
TRAINING AND DEVELOPMENT
Chapter 8
Socializing, Orienting, and Developing Employees
Chapter 9
Managing Careers
PART 5
Apply the Concepts HRM WORKSHOP It's not enough to just know about Human Resource Management. Today's students want the skills to succeed in their organizations. The HRM Workshop at the end of each chapter is designed to help students build analytical, diagnostic, teambuilding, investigative, and writing skills. Each Workshop includes:
MAINTAINING HIGH PERFORMANCE ■
Chapter Summaries linked to the Learning Outcomes to reinforce learning.
■
Demonstrating Comprehension questions to apply HRM concepts.
Chapter 10
Establishing the Performance Management System
Chapter 11
Establishing Rewards and Pay Plans
Chapter 12
Employee Benefits
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Key Terms list to review important HRM terminology.
Chapter 13
Ensuring a Safe and Healthy Work Environment
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Linking Concepts to Practice Discussion Questions include thought provoking questions for more thorough application of HRM principles.
LABOR–MANAGEMENT ENVIRONMENTS
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Developing Diagnostic and Analytical Skills Cases with new and updated company examples for students to research.
Understanding Labor Relations and Collective Bargaining
■
Working With a Team activities to develop important teamwork skills using interesting research topics.
Endnotes
■
Learning an HRM Skill in-depth study of an HRM Skill from each chapter, developing essential skills identified by Society of Human Resource Management.
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Enhancing Communication Skills activities to develop writing and presentation skills using current HRM topics of high interest to students.
PART 6
Chapter 14
Glossary Company Index Subject Index
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Chapter 1 The Dynamic Environment of HRM Learning Outcomes After reading this chapter, you will be able to
1
Discuss how cultural environments affect human resource management (HRM) practices.
2 3 4 5 6
Describe how technology is changing HRM.
7 8 9 10
2
Identify significant changes that have occurred in workforce composition. Describe the HRM implications of a labor shortage. Describe how changing skill requirements affect HRM. Explain why organizational members focus on quality and continuous improvements. Describe work process engineering and its implications for HRM. Identify who makes up the contingent workforce and the HRM implications. Define employee involvement and list its critical components. Explain the importance of ethics in an organization.
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ow would you describe the perfect vacation spot? Would it include a posh, luxurious resort? Now imagine an exotic location and a hotel that offers every amenity you can imagine, including seaside massages, world-class golf, gourmet dining, and a staff trained to cater to your every need and then some. How about a place where you will rub shoulders with supermodels, royalty, heads of state, and billionaires? What if you could experience all this as an employee of the Four Seasons Resorts and Hotels where guests and employees in thirty-two countries get to live the dream every day? Travelers come to Four Seasons resorts to be pampered, and apparently the employees like the treatment too. The award-winning chain has been in Fortune magazine's "Best Companies to Work For" every year since the list started in 1998. Fortune also ranked Four Seasons second on their 2008 scorecard for workforce diversity, estimating that 66 percent of their employees belong to ethnic minorities.1 What's the secret to employee loyalty that results in an annual turnover of full-time employees that is half the industry average? Several reasons come into play including careful hiring, a culture that embraces diversity, promotion from within, and thorough training. One of the most unique secrets is the creative benefits tailored to employee development and satisfaction. Human resource professionals at the Four Seasons hire employees of all nationalities and value the applicant's attitude more than experience. Energy, enthusiasm, and aptitude are highly valued. The Four Seasons' philosophy
H
is that skills can be taught, but poor attitudes can't be changed. Growth at Four Seasons is truly a global opportunity with a thirty-one hotel worldwide expansion in progress, so mobility is seen as a big plus for any candidate who is interested in a managerial position. All new hires complete a threemonth training program that involves improvisation exercises to help anticipate guest behavior that can be a little quirky (some S.O.B.s—"Sons of Billionaires" have requested baths in Evian). The ethical credo at Four Seasons is the Golden Rule—and the culture is to treat the employees as you expect them to treat the customer. Since 2006, the Four Seasons hotels have offered a free on-site ESL program to employees seeking to improve their English. The human resource department is researching
interactive online language teaching programs to make the opportunity more widely available to employees. Supervisory development programs are also offered for employees who have shown management potential. Although the special employee treatment doesn't extend to lunch in the hotel dining room, it's pretty close. All employees, from the seamstresses, valets, and ski concierges to the general managers, eat together, free of charge, in the hotel cafeteria. While it may not have white linen tablecloths or a wine list, the food is outstanding and camaraderie develops strong bonds and loyalty. By offering a spacious dining room, staff showers, and locker rooms, Four Seasons incurs an increase in operating costs, but creates a comfortable and elegant environment for employees and guests alike.2
(Source: © Superstock)
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Chapter 1 The Dynamic Environment of HRM
Introduction Companies like the Four Seasons have recognized that forces in our business environment require them to recognize changes in the expectations of their employees as well as their customers. Human resource management (HRM) is a subset of the study of management that focuses on how to attract, hire, train, motivate, and maintain employees. Strong employees become a source of competitive advantage in a global environment facing change in complex ways at a rapid pace. As part of an organization, HRM must be prepared to deal with the effects of these changes. This means understanding the implications of globalization, technology changes, workforce diversity, labor shortages, changing skill requirements, continuous improvement initiatives, the contingent workforce, decentralized work sites, company mergers, offshore sourcing of goods and services, and employee involvement. Let's look at how these changes are affecting HRM goals and practices in organizations functioning in a global environment.
Understanding Cultural Environments globalization A process of interaction and integration among the people, companies, and governments of different nations, driven by international trade and investment, accelerated by information technology.
multinational corporations (MNCs) Corporations with significant operations in more than one country.
As part of the rapidly changing environment, organizational members face the globalization of business. Organizations are no longer constrained by national borders in producing goods and services. BMW, a German-owned firm, builds cars in South Carolina. Similarly, McDonald's sells hamburgers in China, and General Electric expects to receive 60 percent of its revenue growth from developing countries in the next ten years.3 Toyota makes cars in Kentucky. Mercedes sport utility vehicles are made in Alabama.4 Quintessentially American company John Deere makes farm equipment in Illinois to ship to Russia, makes equipment in China to ship to the Middle East, and its tractors made in Germany and India go to the United States. Tractors made in the United States are assembled with parts received from twelve countries and are shipped to over 110 countries.5 These examples illustrate the extent of globalization on manufacturing and labor. To be effective in this boundless world, organizational members and HRM professionals need to adapt to cultures, systems, and techniques different from their own. International businesses have been with us for a long time. For instance, Siemens, Remington, and Singer were selling their products in many countries in the nineteenth century. By the 1920s, some companies, including Fiat, Ford, Unilever, and Royal Dutch/Shell, had gone multinational. Not until the mid-1960s, however, did multinational corporations (MNCs) become commonplace. These corporations, which maintain significant operations in two or more countries simultaneously but are based in one home country, initiated the rapid growth in international trade. Today, companies such as Gillette, Wal-Mart, Coca-Cola, and AFLAC are among a growing number of U.S.-based firms that derive significant portions of their annual revenues from foreign operations.6 The rise of multinational and transnational corporations7 places new requirements on human resource managers. For example, human resource departments must ensure that employees with the appropriate mix of knowledge, skills, and cultural adaptability are available and ready to handle global assignments. All countries have different values, morals, customs, political and economic systems, and legal systems. Traditional approaches to studying international business have sought to advance each of these topic areas. However, a strong case can be made that traditional business approaches need to be understood within their social context. That is, organizational success can come from a variety of practices—each of which is derived from a different business environment. For example, status is perceived differently in different countries. In France, status is often the result of factors important to the organization, such as seniority and education. This emphasis is called ascribed status. In
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Countries That Value Individualism and Acquiring Things
Countries That Value Collectivism, Relationships, and Concern for Others
United States Great Britain Australia Canada Netherlands New Zealand
Japan Colombia Pakistan Singapore Venezuela Philippines
Exhibit 1-1 Cultural Values Countries differ greatly on the emphasis they place on the individual versus the collective. Organizations that plan to enter the global environment need to do their homework to understand the culture and workers.
the United States, status is more a function of what individuals have personally accomplished, also known as achieved status. Human resource managers need to understand societal issues, such as status, that might affect operations in another country. Countries also have different laws. For instance, in the United States laws guard against an employer taking action against an employee solely on the basis of an employee's age. Not all countries have similar laws. Organizations that view the global environment from any single perspective may be too narrow and potentially problematic. A more appropriate approach is to recognize the cultural dimensions of a country's environment. Although it is not our intent here to provide the scope of cultural issues needed for an employee to go to any country, we do want to recognize that some similarities do exist (see Exhibit 1-1). Research findings allow us to group countries according to such cultural variables as status differentiation, societal uncertainty, and assertiveness.8 These variables indicate a country's means of dealing with its people and how the people see themselves. For example, in an individualistic society such as the United States, people are primarily concerned with their own family. In a collective society (the opposite of an individualistic one) such as that in Japan, people care for all individuals who are part of their group. Thus, a strongly individualistic U.S. employee may not work well if sent to a Pacific Rim country where collectivism dominates. Accordingly, flexibility and adaptability are key components for employees going abroad. To make this a reality, human resource managers must have a thorough understanding of the culture of the areas around the globe to which they send employees. HRM must also develop mechanisms that will help multicultural individuals work together. As background, language, custom, or age differences become more prevalent, employee conflict is likely to increase. HRM must make every effort to acclimate different groups to each other, finding ways to build teams and thus reduce conflict. It's important to note that not all HRM theories and practices are universally applicable to managing human resources around the world. This is especially true in countries where work values differ considerably from those in the United States. Human resource managers must take cultural values into account when trying to understand the behavior of people from different countries as well as those in different countries. Where possible in this text, we'll look at how globalization affects HRM practices.
The Changing World of Technology Think about the technology you've used today. Did you use a cell phone or smart phone to check voicemail? Check driving directions on a GPS? Check your e-mail? Use a fiberoptic network for a fast Internet connection on a personal computer? Take a digital picture on a camera or phone? Maybe you're even taking this class online. It's hard to imagine daily life without these, but they are all on CNN's list of the top twenty-five innovations of the last twenty-five years.9 The Internet was the clear winner in CNN's reader poll of the most influential innovations of the last quarter century. The influence of the Internet on our lives, employers, the way we work, and the economy was on the mind of Thomas Friedman, a
Many organizations have explored expansion to other countries to find new markets and labor sources. McDonald's started expanding internationally in 1967. They now have over 30,000 restaurants in 118 countries. (Source: Uriel Sinai/Getty Images, Inc.)
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Pulitzer Prize-winning New York Times author, as he explored the foundations of globalization in his best-selling book, The World Is Flat. Friedman contends that there are three eras of globalization, the first driven by transportation, the second by communication, and the third by technology. The first is called Globalization 1.0 and extends from Columbus's 1492 discovery of the new world to 1800. During this time, countries tried to establish their place in the world by conquering or collaborating with other countries and territories. The emphasis was national identification and economic domination. During this era, the world shrank from a size large to a size medium. Globalization 2.0 began in 1800 and ended in 2000. Multinational companies emerged, seeking labor and markets for the goods of the industrial revolution. Expansion was fueled by lower costs and increased speed of transportation and communication, shrinking the world from a size medium to a size small. Globalization 3.0 arrived around 2000 as countries, companies, and individuals were able to compete on an almost level playing field, aided by cheap, instantaneous communication via fiber optics and the Internet. Fast, inexpensive transportation of people and goods aided this transition of power that further shrunk the world from a size small to a size tiny. Individuals are now empowered to compete globally regardless of country of origin. Friedman projects that world economies will be dominated by empowered individuals, creating a business environment that is more diverse and less dominated by organizations in Western countries. You've already experienced the impact of Globalization 3.0. A shift has taken place in geographic labor supply and demand. Just as the industrial revolution changed national economies by shifting jobs from craftsmen to mass manufacturing, Globalization 3.0 has shifted demand for manufacturing and services such as customer service to low-cost providers in Mexico, India, and China. Friedman points out that these forces can't be turned back and will only grow in their impact. Many organizations operating in this global enviKnowledge-work jobs are designed ronment, such as Four Seasons, recognize that this diverse world around the acquisition and application includes many different nationalities, languages, and cultures. HR proof information. fessionals at Four Seasons are prepared for the challenge in welcoming diversity and adapting training.10
What Is a Knowledge Worker?
knowledge workers Individuals whose jobs are designed around the acquisition and application of information.
Technology has been a good news/bad news proposition for workers. While technology has reduced the demand for manufacturing jobs through automation and increased competition with other countries, it has generated an increase in the demand for service producing and technology positions. Employment in information technology is expected to be among the fastest growing job sectors in the next decade, along with Internet publishing and wireless telecommunications.11 Peter Drucker, the late management scholar and consultant, held that the key to the productivity of knowledge workers depends on the ability to use computer technology to locate and use information for decision making.12 Knowledge workers include professionals such as registered nurses, accountants, teachers, lawyers, and engineers. It also includes technologists—people who work with their hands and with theoretical knowledge—commonly referred to as information technologists.13 Computer programmers, software designers, and systems analysts are examples of jobs in this category. Knowledge workers as a group currently make up about a third of the U.S. workforce—individuals in jobs designed around the acquisition and application of information.
How Technology Affects HRM Practices Technology has had a positive effect on internal operations for organizations, but it also has changed the way human resource managers work. HRM professionals have become the primary source of information in many organizations. Information can
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quickly and easily be communicated via company Web sites and intranets, e-mail, and messaging. Human Resource Information Systems (HRIS) allow HRM professionals to better facilitate human resource plans, make decisions faster, clearly define jobs, evaluate performance, and provide cost effective benefits that employees want. Technology helps to strengthen communications with both the external community and employees. How? Let's look at some specific examples. Recruiting Contacting a pool of qualified applicants is one of the most critical aspects of recruiting. Word of mouth, newspaper advertisements, and college visits are often supplemented or replaced altogether by job postings on the Internet. Posting jobs on company web sites, or through specific job-search web sites such as careerbuilder.com and Monster.com, help human resource managers reach a larger pool of potential job applicants and assist in determining if an applicant possesses some of the basic technology skills. Additionally, rather than ask for a paper copy of a résumé, many organizations are asking applicants to submit an electronic résumé—one that can be quickly scanned for "relevance" to the job in question. Employee Selection Hiring good people is particularly challenging in technologybased organizations because they require a unique brand of technical and professional skills. Employees must be smart and able to survive in the demanding cultures of today's dynamic organizations. In addition, many such "qualified" individuals are in short supply and may be offered a number of opportunities for employment. Once applicants have been identified, HRM must carefully screen final candidates to ensure they fit well into the organization's culture. Many Internet tools make background searches of applicants quick and easy. The realities of organizational life today may focus on an informal, team-spirited workplace, one in which intense pressure to complete projects quickly and on time is critical, and a 24/7 (24 hours a day, 7 days a week) work mentality dominates. HRM selection tools help to "select out" people who aren't team players, can't handle ambiguity and stress, or are a poor fit with company culture. As discussed in the chapter opener, Four Seasons recruits employees who convey a positive attitude, which to them is a better indicator of job success and fit with company culture than experience. Training and Development Technology is also dramatically changing how human resource managers orient, train, and develop employees and help them manage their careers. The Internet has provided HRM opportunities to deliver Web based training and development to employees on demand, whenever the employee has the time to concentrate on the material. Four Seasons has discovered the advantages of delivering language training and management development classes online. Teleconferencing technology allows employees to train and collaborate in groups regardless of their location. Organizations that rely heavily on technology find an increased need for training. Online training and teleconferencing also allow HR departments to deliver cost effective training that help stretch the HR budget. Ethics and Employee Rights Electronic surveillance of employees by employers is an issue that pits an organization's desire for control against an employee's right to privacy. The development of increasingly sophisticated surveillance software only adds to the ethical dilemma of how far an organization should go in monitoring the behavior of employees who work on computers (see Ethical Issues in HRM). Today, most businesses surveyed by the American Management Association indicate that they monitor employees.14 Motivating Knowledge Workers What are some of the unique challenges in motivating knowledge workers in organizations? Knowledge workers appear more susceptible to distractions that can undermine their work effort and reduce their productivity. Employers often believe they must monitor what employees are doing because employees are hired to work, not to surf the Web checking stock prices, placing bets at online casinos, or shopping for presents for family or friends. "Cyber Monday," or the Monday
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after Thanksgiving, as a day to do personal holiday shopping while at work may not be supported by recent sales figures, but recreational on-the-job Web surfing has been said to cost a billion dollars in wasted computer resources and billions more in lost work productivity annually. That's a significant cost to businesses in time and money. Paying Employees Market Value It's becoming more difficult today for organizations to find and retain technical and professional employees. Many companies have implemented an extensive list of attractive incentives and benefits rarely seen by nonmanagerial employees in typical organizations: for instance, signing bonuses, stock options, cars, free health club memberships, full-time on-site concierges, and cell phone bill subsidies. These incentives may benefit their recipients, but they have downsides. One is the perception of inequity if they are not offered to all employees. The other is the increasing problem created by offering stock options as a benefit to employees. While they look good when a firm is growing and the stock market is performing favorably on the company's future, stock options can reduce employee motivation when market conditions reduce the value of the stock.
Wireless Internet and smart phones like the BlackBerry or i-Phone help companies maximize productivity and effectiveness of workers regardless of their location. Mobile workers need access to the same applications and corporate data that they have in the office. (Source: NewsCom)
Communications The rules of communication are being rewritten as information technology creates more opportunities for communication. Employees today can communicate with any individual directly without going through channels. Instantly anytime, with anyone, anywhere. These open communication systems break down historical organizational communication pattern flows. They also redefine how meetings, negotiations, supervision, and water-cooler talk are conducted. For instance, virtual meetings allow people in geographically dispersed locations to meet regularly. Moreover, it's now easier for employees in Baltimore and Singapore to covertly share company gossip than for off-line employees who work two cubicles apart. Decentralized Work Sites For human resource managers, much of the challenge regarding decentralized work sites revolves around training managers how to establish and ensure appropriate work quality and on-time completion. Decentralized work sites remove traditional "face time," and managers' need to "control" the work must change. Instead, greater employee involvement will allow workers the discretion to make decisions that affect them. For instance, although a due date is established for the work assigned to employees, managers must recognize that off-site employees (or telecommuters) will work at their own pace. Instead of focusing work efforts over an eight-hour period, the individual may work two hours here, three hours at another time, and another three late at night. The emphasis, then, will be on the final product, not on the means by which it is accomplished. Working from home may also require HRM to rethink its compensation policy. Will it pay workers by the hour, on a salary basis, or by the job performed? More than likely, jobs such as claims processing that can be easily quantified and standardized will earn pay for actual work done. Skill Levels What are the skill implications of this vast spread of technology? For one, employees' job skill requirements will increase.15 Workers will need the ability to read and comprehend software and hardware manuals, technical journals, and detailed reports. Another implication is that technology tends to level the competitive playing field.16 It provides organizations, no matter their size or market power, with the ability to innovate, bring products to market rapidly, and respond to customer requests. Remember that Globalization 3.0 allows individuals to compete worldwide in purchasing or providing services. Many companies have found that services in technology, programming, radiology, and financial analysis can be provided by skilled employees in India as easily as an employee in the United States. A Legal Concern Organizations that use technology—especially the Internet and e-mail—must address the potential for harassment, bias, discrimination, and offensive sexual behavior abuses.17 Evidence is increasing that many employees fail to use the
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same constraints in electronic communications that they use in traditional work settings. As one individual noted, human resource managers "all know that they can't hang up a Penthouse calendar in the workplace. They all know that they can't make a racist or sexist joke in the workplace."18 But those same people may think it's acceptable to send racist and sexist jokes via e-mail or to download pornography at work. Consider what happened at Chevron, which settled a sexual harassment lawsuit for $2.2 million because offensive e-mails—such as "25 reasons why beer is better than women"—were readily circulated on the company's e-mail system. Organizations such as Citigroup and Morgan Stanley have also been taken to court by employees for racist e-mail proliferating on their e-mail systems.19 As one researcher pointed out, federal law views a company's e-mail no differently than if offensive materials were circulated on a company's letterhead.20 HRM policy must define inappropriate electronic communications, reserve the right to monitor employee Internet and e-mail usage, and specify disciplinary actions for violations.
ETHICAL ISSUES IN HRM B3_B
Invasion of Privacy? Technological advances have made the process of operating an organization much easier, but these advancements have also provided employers a means of sophisticated employee monitoring. Although most of this monitoring is designed to enhance worker productivity, it could, and has been, a source of concern over worker privacy. These advantages have also brought with them difficult questions regarding what managers have the right to know about employees and how far they can go in controlling employee behavior both on and off the job. What can your employer find out about you and your work? You might be surprised by the answers! Consider the following: ■
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The mayor of Colorado Springs, Colorado, reads the electronic mail messages that city council members send to each other from their homes. He defended his actions by saying he was making sure that their e-mails to each other were not being used to circumvent his state's "open meeting" law that requires most council business to be conducted publicly. The U.S. Internal Revenue Service's internal audit group monitors a computer log that shows employee access to taxpayers' accounts. This monitoring activity allows management to see what employees are doing on their computers. American Express has an elaborate system for monitoring telephone calls. Daily reports are provided to supervisors that detail the frequency and length of employee calls, as well as how quickly incoming calls are answered. Employers in several organizations require employees to wear badges at all times while on company premises. These badges contain a variety of data that allows employees to enter certain locations in the organization. Smart badges, too, can transmit where the employee is at all times!
Just how much control should a company have over the private lives of its employees? Where should an employer's rules
and controls end? Does the boss have the right to dictate what you do on your own free time and in your own home? Could, in essence, your boss keep you from riding a motorcycle, skydiving, smoking, drinking alcohol, or eating junk food? Again, the answers may surprise you. Employer involvement in employees' off-work lives has been going on for decades. For instance, in the early 1900s, Ford Motor Company sent social workers to employees' homes to determine whether their off-the-job habits and finances were deserving of year-end bonuses. Other firms made sure employees regularly attended church services. Today, many organizations, in their quest to control safety and health insurance costs, are once again delving into their employees' private lives. Although controlling employees' behaviors on and off the job may appear unjust or unfair, nothing in our legal system prevents employers from engaging in these practices. Rather, the law is based on the premise that if employees don't like the rules, they have the option of quitting. Recently, companies with policies that prohibit employees smoking off the job have been supported in the courts after firing employees that were found to be smoking. Managers typically defend their actions in terms of ensuring quality, productivity, and proper employee behavior. For instance, an IRS audit of its southeastern regional offices found that 166 employees took unauthorized peeks at the tax returns of friends, neighbors, and celebrities. When does an employer's need for information about employee performance cross over the line and interfere with a worker's right to privacy?21 Is any employer's action acceptable as long as employees are notified ahead of time that they will be monitored? What about the demarcation between monitoring work and nonwork behavior? When employees engage in workrelated activities at home during evenings and weekends, does management's prerogative to monitor employees remain in force? What's your opinion?
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We Are Now Entering the Blogosphere Technology continues to change the way many people communicate with one another. "Blog" is a term used for a Web Log that is open for public view. While it's often been associated with expressing political viewpoints, the tool has quickly swept across corporate America—and is showing itself as both a valuable tool as well as a potential means of disaster. Let's look at both sides. On the positive side, blogs enable companies to discuss ideas among organizational members and allow consumers a means of easy feedback. It's a quick and efficient means of advertising a company's products, as well as a way to provide softer, more believable public relations information. Blogs also offer opportunities for employees to discuss "good things" that are happening to them—personalizing the "faceless" company to readers. But not all blogs are advantageous. Disgruntled employees, dissatisfied customers, and the like can also use blogs to write about anything that they don't like. For example, consider an employee who doesn't like the organization's policies and practices. Rather than discuss his discontentment with someone in the organization, he vents his frustration on a blog he's created. In another example, as a prank an employee posts sexually explicit short stories on a blog for all to see. Are these permissible, given they were done when the employees were not at work? More than likely, they are.
Organizations should have a policy in place on the use of blogs. For example, an employee needs to understand that confidential company information is not to be placed in a blog. Even blogging about what one does on the job could provide competitive intelligence to another organization interested in finding out how a competitor designs a certain product. A recent study by Forrester Research found that 19 percent of companies surveyed had disciplined employees for communicating proprietary or confidential information online in violation of company policy, and 9 percent had fired employees for these infractions. Will blogging continue? Undoubtedly yes. Companies such as Coca-Cola, Kodak, and Marriott have created their own blogs with the goal of improving communication with employees and customers. It's simply another communications tool that organizations, and HRM, must be aware of and constantly monitor to ensure that the positive aspects of blogs are achieved. Source: Based on "Chief Blogging Officer Title Catching on With Corporations," Advertising Age (May 1, 2008); M. Scott, "Worker E-Mail and Blogging Use Seen as Growing Risk for Companies," Financial Week ( July 20, 2007); D. Kirkpatrick and D. Roth, "Why There's No Escaping the Blog," Fortune ( January 10, 2005), pp. 40–44; S. E. Needleman, "Blogging Becomes a Corporate Job: Digital Handshake?" Wall Street Journal (May 31, 2005), p. B-1; J. Segal, "Beware Bashing Bloggers," HR Magazine ( June 2005), pp. 165–171; and K. Wingfield, "Blogging for Business," Wall Street Journal ( July 20, 2005), p. A-1.
Workforce Diversity In the past, organizations took a "melting-pot" approach to diversity, assuming that people would somehow automatically assimilate into the existing culture. But today's managers have found that employees do not set aside their cultural values and lifestyle preferences when they come to work. The challenge, therefore, is to make organizations more accommodating to diverse groups of people by addressing different lifestyles, family needs, and work styles. The melting-pot assumption is being replaced by recognition and celebration of differences. Interestingly, those organizations who do celebrate differences are finding their profits to be higher.22 DID YOU KNOW?
The Workforce Today Much workforce change is attributed to the passage of U.S. federal legislation in the 1960s prohibiting employment discrimination, which will be discussed in detail in Chapter 3. Based on such laws, avenues began to open up for minority and female applicants. These two groups have since become the fastest growing segments in the workforce, and accommodating their needs has become a vital responsibility for managers. Furthermore, during this time, birth rates in the United States began to decline during the 1960s. The baby boom generation had already reached its apex in terms of employment opportunities, which meant that as hiring continued, the pool of baby boomers dwindled.
Organizations that celebrate worker diversity are finding that their profits are increasing.
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Chief Diversity Officer Deborah Dagit stands just four feet tall, but casts a large shadow over the history of acceptance of diversity and disabilities in the workplace. She played a key role in the passing of the Americans with Disabilities Act, has held diversity management positions with several tech companies, and is currently the chief diversity officer at pharmaceutical giant Merck & Co. She was born with osteogenesis imperfecta, or brittle bone disease, that is responsible for her short stature, sixty broken bones, and twenty-five operations. "I have a lot of hardware in my legs," states Dagit, but she has clearly never allowed the disease to hold her back. She demonstrates by example that disability accommodations are no different from flexible work arrange-
ments for single mothers, long-distance commuters, or members of other groups with individual needs. Dagit insists that people with disabilities must be considered when viewing other diversity groups, such as race, ethnicity, gender, and sexual orientation. She feels strongly that diversity must be integrated into the culture of the organization worldwide.
Source: Ann Pomeroy, "A Passion for Diversity," HR Magazine (March 2008), pp. 48–49.
Also, as globalization became more pronounced, increased numbers of Hispanic, Asian, and other immigrants came to the United States and sought employment. Projecting into the future is often an educated guess at best. Trying to predict the exact composition of our workforce diversity is no exception, even though we know it will be a heterogeneous mix of males and females, whites and people of color, homosexuals and straights, many ethnic and religious groups, the disabled, and the elderly. The now-aging baby boom population has had a significant impact on the workforce. Commonly referred to as the "graying of the workforce," more individuals are working past the traditional retirement age.23 Brought about by a need for greater income to sustain current living standards or a desire to remain active, more individuals over the age of fifty-five are expected to remain in the workforce, with more than 80 percent of the baby boom generation indicating that they expect to work past age sixty-five. Coupled with the fact that many employers actively recruit this age group for their experience and work ethic, we can expect our workforce to continue to age, with seventy- to eighty-year-old workers no longer uncommon. Increased participation of women and the elderly is not the only diversity issue reshaping the labor pool. Another is multiculturalism. As globalization has reduced barriers to immigration, the U.S. proportion of people of Hispanic, Asian, Pacific Island, and African origin has increased significantly over the past two decades. This trend will continue. Moreover, multiculturalism is not just a U.S. phenomenon. Countries such as Great Britain, Germany, and Canada are experiencing similar changes. Canada, for example, has large populations of recent immigrants from Hong Kong, Pakistan, Vietnam, and Middle Eastern countries. These newcomers are making Canada's population more diverse and its workforce more heterogeneous. Of course the problem of illegal immigration complicates the issue of worker diversity. HR professionals need to be diligent in understanding and enforcing immigration laws and worker documentation. We will discuss this further in Chapter 7, "Foundations of Selection."
How Diversity Affects HRM As organizations become more diverse, employers have been adapting their human resource practices to reflect those changes.25 Many organizations today, such as Bank of America and Merck Pharmaceuticals, have workforce diversity programs.
(Source: Courtesy Deborah Dagit, Merck & Co., Inc.)
workforce diversity The varied personal characteristics that make the workforce heterogeneous.
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Diversity Awareness The workforce is changing, and anyone insensitive to diversity issues had better stop and check his or her attitude at the door. Today, people of color, women, and immigrants account for nearly 85 percent of our labor force. People are a company's number one asset—not the computers, not the real estate—the people. To waste people is to waste assets, and that is not only bad business, it is the kind of thinking that today, in our competitive marketplace, will put a business out of business. Management must realize that legal requirements simply are not enough to meet the needs of our changing workforce, to improve our workplace culture and environment, or to fully utilize the skills of all employees, thereby increasing a company's competitiveness. To fully maximize the contributions of minorities, we must commit to voluntarily focusing on opportunities to foster mutual respect and understanding. This can be done by valuing our differences, which enrich our workplace, not only because it's the law, or because it's morally and ethically the right thing to do, or because it makes good business sense, but also because when we open our minds and hearts we feel better about ourselves. And decency is hard to put a price tag on. What can companies and organizations do to facilitate diversity? Here are a few suggestions:24
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Enlist leadership from all levels to accomplish diversity goals. Identify goals, barriers, obstacles, and solutions and develop a plan to meet goals and overcome obstacles. Develop awareness through training, books, videos, and articles. Use outside speakers and consultants, as well as internal resources, to determine how to motivate and maximize the skills of a diverse workforce. Establish internally sanctioned employee support systems, networks, or groups. Challenge each employee to question his or her beliefs, assumptions, and traditions, and assess how they impact their relationships and decisions. Modify existing policies or create diversity policies and communicate them to all current and future hires. Hold managers accountable and reward them for developing, mentoring, or providing awareness training. Build in accountability through surveys and audits to measure progress as diligently as you would increase production quotas or maintain zero loss-time accidents. Then communicate the results and repeat the process. Continuous improvement applies to diversity as well as production.
They tend to hire, promote, and retain minorities; encourage vendor diversity; and provide diversity training for employees.26 Some, like Coca-Cola, IBM, and FedEx, actually conduct cultural audits to ensure that diversity is pervasive in the organization (see Exhibit 1-2).27 Workforce diversity requires employers to be more sensitive to the differences that each group brings to the work setting. For instance, employers may have to shift their philosophy from treating everyone alike to recognizing individual differences and responding to those differences in ways that will ensure employee retention and greater productivity. They must recognize and deal with the different values, needs, interests, and expectations of employees.28 They must avoid any practice or action that can be interpreted as being sexist, racist, or offensive to any particular group and, of course, must not illegally discriminate against any employee. Employers also must find ways to assist employees in managing work/life issues.29
What Is a Work/Life Balance? Recruiting and hiring the best employees is a priority for all organizations, but it's only half of the equation for keeping fully staffed. Employers must retain employees
Exhibit 1-2 FedEx Corporation Diversity Mission Statement FedEx has created a mission statement that specifically addresses a commitment to diversity in the way the organization treats employees, customers, and suppliers.
Our diverse workforce, supplier base and supporting culture enable FedEx to better serve our customers and compete more effectively in the global marketplace. We value the contributions and perspectives of all employees regardless of race, gender, culture, religion, age, nationality, disability, or sexual orientation. We will strive in our workplace practices to deal with our employees, customers and suppliers in a fair and ethical manner. Source: www.fedex.com/us/supplier/diverse/
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Looking at the Future of HRM Libby Sartain's career has included working in the HR departments at Mary Kay Cosmetics, Southwest Airlines, the Society of Human Resource Management, and most recently as head of HR at Yahoo. She was recently interviewed by Workforce Management about the biggest challenges facing HR leaders: WM: What are the biggest challenges these days for HR leaders? LS: I think the talent marketplace in the last two or three years has changed so dramatically that almost everything we do in HR has got to change with it. The evolution of the Internet, social media, the global economy, the Gen Y generation coming of age as the baby boomer generation is leaving creates a situation where you can no longer just think that you can have an opening, and recruit for the opening and get an employee. The company used to be in the driver's seat: "Here's the job I have. Here's how much I want to pay you to do this work. Come to work for me under my terms as the employer."
I think those days are fading. I think it will evolve almost to the point that you have a marketplace like eBay where someone will put themselves out to bid: "Here I am. Here's what I'm willing to do for how much money I'm willing to make. And here's my hours and my location and what I can do for you." It's going to be that person in the driver's seat. And that person may be a Gen Y person or a baby boomer looking for a little more flexibility in their lifestyle. I think employers are going to have to learn how to have this individual work arrangement with each employee in certain aspects of the talent. I'm not saying that's going to be the case for retail jobs or volume hiring positions. But it's going to be the case for some of your top talent or some of your core talent in certain industries. It's beginning to happen. The Silicon Valley is probably where we see a lot of it. But it's going to sweep the country.
Source: Workforce Management, May 19, 2008, p. 1, 18–21.
who increasingly demand flexibility. Research shows that over half of working mothers prefer part-time work as a way to fulfill their family responsibilities and contribute to family income. Many Gen Xers (born 1965–1980) and Gen Yers (born 1982–early 2000s), while passionate about their careers, won't sacrifice family and leisure for their career.30 This becomes a difficult balance for employers to maintain as the lines between employee work and personal lives blur in the face of a demanding competitive environment. First, the creation of global organizations means their world never sleeps. At any time and on any day, for instance, thousands of Citigroup's 300,000 employees are working somewhere. The need to consult with colleagues or customers eight or ten time zones away means that many employees of global firms are "on-call" twenty-four hours a day. Second, communication technology allows employees to work at home, in their cars, or even on the beach at the Four Seasons resort in Bali. Many people in technical and professional jobs can work any time and from any place.31 Third, organizations are asking employees to put in longer hours. It's not unusual for employees to work more than forty-five hours a week, and some work much more than fifty. Finally, fewer families have only a single breadwinner. Today's married employee is typically part of a dual-career couple. This makes it increasingly difficult for married employees to find the time to fulfill commitments to home, spouse, children, parents, and friends. Employees increasingly recognize that work is squeezing out their personal lives, and they're not happy about it. For example, an employee's relationship with her manager used to be the number one reason for leaving an organization; now the reason most cited is lack of employer work schedule flexibility.32 In addition, the next generation of employees is likely to have similar concerns.33 A majority of college and university students say that attaining a balance between personal life and work is a primary career goal. They want "a life" as well as a job! Organizations that fail to help their people achieve work/life balance will find it increasingly hard to attract and retain the most capable and motivated employees.34
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DID YOU KNOW?
International Diversity As women and minority groups struggle to break through the glass ceiling into the executive ranks of U.S. businesses, it's interesting to compare how women in other countries are progressing. A recent
Philippines Brazil Thailand
50 42 39
Hong Kong Russia Malaysia
35 34 23
Source: SJ Grant Thornton Research, www.gt.com.my/IBR2007-WomanInBusiness.htm (2008) and Douglas Bakshaian, "International Survey
survey found that women in the Philippines are world leaders, holding 50 percent of senior management positions. How are U.S. women doing? Check the chart below:
United States France Mexico
23 21 20
Canada India Global Average
19 14 22
Shows Philippines Tops in Women Managers," Voice of America, www.voa.com (October 17, 2007).
The Labor Supply Is skilled labor abundant in the United States? Or do we have a shortage of skilled labor? The simple answer to both of these questions is yes. Of course, simple answers neither adequately address the issue nor begin to describe how both situations (a shortage and a surplus) can exist simultaneously. Let's look at both arguments.
Do We Have a Shortage of Skilled Labor? Responses to cyclical labor trends are difficult to predict. The world economy in the late 1990s, for instance, was generally quite robust and labor markets were tight. Most employers scrambled for skilled workers to fill vacancies. Then, in 2001 and again in 2008, most developed countries suffered an economic recession. Layoffs were widespread and the supply of skilled workers swelled. Demographic trends, conversely, are much more predictable. We'll discuss the problem using U.S. statistics, but this shortage of skilled labor is also likely to prevail in most of Europe as well, with its graying population and declining birthrate. The labor shortage in some skill areas is a function of two factors: birthrates and labor participation rates. From the late 1960s through the late 1980s, American employbaby boomers ers benefited from the large number of baby boomers (born 1946–1965) entering the Individuals born between 1946 and workforce. Some boomers have already retired. The Bureau of Labor Statistics predicts 1965. that by 2014, nearly 2.4 million jobs will go unfilled.35 This shortage will encompass most industries, including health care, government, construction, engineering, finance, energy, and information technology. Despite continued increases in immigration, workforce entrants from foreign countries will do little to correct the supply shortage. Moreover, repercussions from the terrorist attacks of September 11, 2001, in the United States have reduced immigration, further compounding the skilled labor shortage. In addition, the tightening labor market is forcing organizations to rely on immigration as a source for new talent in specific fields such as technical and highly scientific positions. A recent survey by the Society of Human Resource Management (SHRM) discovered that 25 percent of U.S. and 35 percent of Canadian companies that recruit foreign nationals do so because of their inability to attract local workers with necessary skills.36 In times of labor shortage, good wages and benefits aren't always enough to hire and retain skilled employees. Human resource managers need sophisticated recruitment and retention strategies and need to understand By 2014, nearly 2.4 million jobs will be human behavior.37 In tight labor markets, managers who don't underunfilled in the United States. stand human behavior and fail to treat their employees properly, risk having no one to manage.
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Why Do Organizations Lay Off Employees During Shortages? At one time in corporate America, organizations followed a relatively simple "rule": In good times you hire employees; in bad times, you fire them.38 That rule no longer holds true, at least for most of the world's largest companies. Throughout the past decade, most Fortune 500 companies have made significant cuts in their overall staff. Thousands of employees have been cut by organizations such as IBM, AT&T, Boeing, and Sears. This downsizing phenomenon is not going on just in the United States. Jobs continue to be eliminated in almost all industrialized nations.39 Why this trend of downsizing? Organizations are attempting to increase their flexibility in order to better respond to change. Quality-emphasis programs are creating flatter structures and redesigning work to increase efficiency. The result is a need for fewer employees. Are we implying that big companies are disappearing? Absolutely not! But they are changing how they operate. Big isn't necessarily inefficient. Companies such as PepsiCo and Home Depot manage to blend large size with agility by dividing their organization into smaller, more flexible units. Downsizing as a strategy is here to stay. It is part of a larger goal of balancing staff to meet changing needs. When organizations become overstaffed, they will likely cut jobs. At the same time, they are likely to increase staff if doing so adds value to the organization. A better term for this organizational action, then, might be rightsizing. Rightsizing involves linking staffing levels to organizational goals.40 Rightsizing promotes greater use of outside firms for providing necessary products and services—called outsourcing— in an effort to remain flexible and responsive to the ever-changing work environment.
How Do Organizations Balance Labor Supply? Thousands of organizations have decided they can save money and increase their flexibility by converting many jobs into temporary or part-time positions, giving rise to what is commonly referred to as the contingent workforce (see Exhibit 1-3).41 Today, Part-Time Employees
Part-time employees are those who work fewer than 40 hours a week. Generally, part-timers are afforded few, if any, employee benefits. Part-time employees are generally a good source of workers for organizations to supplement their staff during peak hours. For example, the bank staff that expects its heaviest clientele between 10 A.M. and 2 P.M. may bring in part-time tellers for those four hours. Part-time employees may also be a function of job sharing, where two employees split one full-time job.
Temporary Employees
Temporary employees, such as part-timers, are generally employed during peak production periods. Temporary workers also act as fill-ins when some employees are off work for an extended time. For example, a secretarial position may be filled using a "temp" while the secretary is off work during his twelve-week unpaid leave of absence for the birth of his daughter. Temporary workers create a fixed cost to an employer for labor "used" during a specified period.
Contract Workers
Contract workers, subcontractors, and consultants (who may be referred to as freelancers) are contracted by organizations to work on specific projects. These workers, typically highly skilled, perform certain duties. Often their fee is set in the contract and paid when the organization receives particular deliverables. Contract workers are used because their labor cost is fixed and they incur none of the costs associated with a full-time employee population. Additionally, some contract arrangements may exist because the contractor can provide virtually the same good or service in a more efficient manner.
downsizing An activity in an organization aimed at creating greater efficiency by eliminating certain jobs.
rightsizing Linking employee needs to organizational strategy. outsourcing Sending work "outside" the organization to be done by individuals not employed full time with the organization.
contingent workforce The part-time, temporary, and contract workers used by organizations to fill peak staffing needs or perform work not done by core employees.
Exhibit 1-3 The Contingent Workforce Contingent workers have become an important resource as HR struggles to balance the supply of workers available, yet maintain cost control. Part-time, temporary, and contract workers are valuable to many organizations.
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Exhibit 1-4 Are Layoffs Justified? The cast of characters in Scott Adam's Dilbert comic strip frequently mirror the concerns and frustrations of workers everywhere.
(Source: DILBERT: © Scott Adams/Dist. by United Features Syndicate, Inc.)
temporary workers can be found in secretarial, nursing, accounting, assembly-line, legal, dentistry, computer programming, engineering, marketing, education, publishing, and even senior management positions. Why the organizational emphasis on contingent employees? Organizations facing a rapidly changing environment must be ready to quickly adjust their workforce. Having too many permanent, full-time employees limits management's ability to react.42 For example, an organization that faces significantly decreased revenues during an economic downturn may have to cut staff. Deciding whom to lay off and how layoffs will effect productivity and the organization is extremely complex in organizations with a large permanent workforce (see Exhibit 1-4). On the other hand, organizations that rely heavily on contingent workers have greater flexibility because workers can be easily added or taken off projects as needed. In addition, staffing shortages, opportunities to capitalize on new markets, obtaining someone who possesses a special skill for a particular project, and the like all point to a need for the organization to swiftly adjust its staffing level.43
Issues Contingent Workers Create for HRM
core employees An organization's full-time employee population.
Temporary workers and the flexibility they foster present special challenges for human resource managers. Each contingent worker may need to be treated differently in terms of practices and policies. Human resource managers must also make sure that contingent workers do not perceive themselves as second-class workers. Because they often do not receive many of the amenities—such as training, health, and paid-leave benefits—that full-time core employees do (see Exhibit 1-5), contingent workers may tend to view their work as not critically important. Accordingly, they may be less loyal, less committed to the organization, or less motivated on the job than are permanent workers. That tendency may be especially relevant to individuals forced to join the temporary workforce. Today's human resource managers must recognize their responsibility to motivate their entire workforce—full-time and temporary employees—and to build their commitment to doing good work! Additionally, when an organization makes its strategic decision to employ a sizable portion of its workforce from the contingency ranks, other HRM issues come to the forefront. These include having these "virtual" employees available when needed, providing scheduling options that meet their needs, and making decisions about whether benefits will be offered to the contingent workforce. No organization can make the transition to a contingent workforce without sufficient planning. As such, when these strategic decisions are made, HRM must be an active partner in the discussions. After all, it is HRM's responsibility to locate these temporary workers and bring them into the organization. Just as HRM has played an integral role in recruiting full-time employees, so too will it play a major part in securing needed just-intime talent. As temporary workers are brought in, HRM will also have the responsibility of quickly adapting them to the organization. Although orientation for full-time employees
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is more detailed, the contingent workforce, nonetheless, must be made aware of the organization's personality. Along this line, too, some training may be required. Even a network analyst brought in to work on a specific intranet problem must quickly be brought up to speed on the organization's unique system. HRM must also give some thought to how it will effectively attract quality temporaries. As this becomes more prominent in business, there will be significant competition for the "good" talent. Accordingly, HRM must reexamine its compensation philosophy. If temps are employed solely as a cost-cutting measure, the pay and benefits offered to contingent workers might differ from those offered to other workers hired part-time as a result of restructuring and work process engineering. HRM, then, must discover specifically what these employees want. Is it flexibility in scheduling, autonomy, or the control over one's career destiny that such situations afford that attracts them? Or has bad luck forced them into this situation? Finally, HRM must be prepared to deal with potential conflicts between core and contingent workers. The core employees may become envious of the higher pay rates and flexibility in scheduling that the contingent workers receive. The core employees'
One issue that arises in hiring contingent workers revolves around the definition of an employee. This distinction is important because it has federal income, Social Security, and Medicare tax implications for the organization. Although the debate continues as to what precisely an employee is versus an independent contractor, the IRS guidelines below generally focus on three major categories—behavioral control, financial control, and the relationships of the parties. Remember, these are only guidelines, not "absolutes" from the IRS. Facts that provide evidence of the degree of control and independence fall into three categories: Behavioral
Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial
Are the business aspects of the worker's job controlled by the payer? (These include things such as how the worker is paid, whether expenses are reimbursed, who provides tools/ supplies, etc.)
Type of Relationship
Are there written contracts or employee-type benefits (i.e., pension plan, insurance, vacation pay, etc.)? Will the relationship continue, and is the work performed a key aspect of the business?
Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no magic or set number of factors that makes the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors that are relevant in one situation may not be relevant in another. So, is the person an employee or independent contractor? Independent Contractor The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result. Employee Under common-law rules, anyone who performs services for you is your employee if you can control what will be done and how it will be done. This is so even when you give the employee freedom of action. What matters is that you have the right to control the details of how the services are performed. Source: Internal Revenue Service, "Independent Contractor or Employee." www.irs.gov (November 2008).
Exhibit 1-5 Employee vs. Independent Contractor The difference between employees and independent contractors is an important yet frequently difficult distinction to make. The Internal Revenue Service (IRS) published guidelines for employers.
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salaries include benefits, or "in-kind" pay, but they may forget to factor in benefits when comparing their pay to that of contingent workers. For example, paying a training consultant $4,000 for presenting a two-day skills-training program might cause some conflict with core HRM trainers, although the HRM trainer may not have the time or resources to develop such a program. If the consultant offers twenty of these two-day programs over the year, earning $80,000 in consulting fees, a $50,000-a-year company trainer might take offense. Consequently, HRM must ensure that its communication programs anticipate some of these potential conflicts and address them before they become detrimental to the organization—or worse, provide an incentive for core employees to leave.
Continuous Improvement Programs
The late W. Edwards Deming, a statistician from Wyoming, has been credited with helping Japanese industries make a significant turnaround following World War II primarily by using statistical methods to improve quality. He also recognized a need for extensive employee training, teamwork, and strong supplier relationships. (Source: © AP/Wide World Photos)
quality management Organizational commitment to continuous process of improvement that expands the definition of customer to include everyone involved in the organization.
Exhibit 1-6 Components of Continuous Improvement These components of the continuous improvement process help employers determine what factors to consider when facing change.
A quality revolution continues in both the private and the public sectors. The generic terms that describe this revolution are quality management or continuous improvement. The revolution was inspired by a small group of quality experts—individuals such as Joseph Juran and the late W. Edwards Deming.44 For our discussion, we'll focus our attention primarily on Deming's work. An American who found few managers in the United States interested in his ideas, Deming went to Japan in 1950 and began advising many top Japanese managers on ways to improve their production effectiveness. Central to his management methods was the use of statistics to analyze variability in production processes. A well-managed organization, according to Deming, was one in which statistical control reduced variability and resulted in uniform quality and predictable quantity of output. Deming developed a fourteen-point program for transforming organizations.45 Today, Deming's original program has been expanded into a philosophy of management driven by customer needs and expectations46 (see Exhibit 1-6). Quality management expands the term customer beyond the traditional definition to include everyone involved with the organization—either internally or externally—encompassing employees and suppliers as well as the people who buy the organization's products or services. The objective is to create an organization committed to continuous improvement or, as the Japanese call it, kaizen47—one that leads to achieving an effective and lean workplace.48
1. Intense focus on the customer. The customer includes not only outsiders who buy the organization's products or services but also internal customers (such as shipping or accounts payable personnel) who interact with and serve others in the organization. 2. Concern for continuous improvement. Continuous improvement is a commitment to never being satisfied. "Very good" is not good enough. Quality can always be improved. 3. Improvement in the quality of everything the organization does. Continuous improvement uses a broad definition of quality. It relates not only to the final product but also to how the organization handles deliveries, how rapidly it responds to complaints, how politely the phones are answered, and the like.
continuous improvement Organizational commitment to constantly improving quality of products or services. kaizen The Japanese term for an organization's commitment to continuous improvement.
4. Accurate measurement. Continuous improvement uses statistical techniques to measure every critical variable in the organization's operations. These are compared against standards, or benchmarks, to identify problems, trace them to their roots, and eliminate their causes. 5. Empowerment of employees. Continuous improvement involves the people on the line in the improvement process. Teams are widely used in continuous improvement programs as empowerment vehicles for finding and solving problems.
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Work Process Engineering Although continuous improvement methods are useful innovations in many organizations, they generally focus on incremental change. Such action—a constant and permanent search to make things better—is intuitively appealing. Many organizations, however, operate in an environment of rapid and dynamic change. Consider the changes faced by the automotive industry as consumer preferences changed quickly from SUVs to hybrids when fuel prices skyrocketed in 2008 and the financial crisis emerged, or the airline industry as it tried to recover from the 9/11 terrorist attacks and increased security requirements only to be hit hard by those same fuel prices and financial crisis that sent the auto industry reeling. Incremental change simply won't do. As the elements around an organization quickly change, a continuous improvement process may actually keep them behind the times. Work process engineering goes beyond incremental change and requires an organization to face the possibility that what the organization may really need is radical or quantum change.49 Work process engineering is more radical than continuous improvement. It usually entails rethinking or redesigning processes used to accomplish organizational goals with the objective of dramatic improvements in efficiency and competitiveness. These actions will ultimately require many changes that will involve human resource professionals.
work process engineering Radical, quantum change in an organization.
How HRM Can Support Improvement Programs HRM plays an important role in implementing continuous improvement programs. Whenever an organization embarks on any improvement effort, it introduces change into the organization. As such, organization development efforts dominate. Specifically, HRM must prepare individuals for the change. This requires clear and extensive communication of why the change will occur, what is expected, and its effects on employees. Improvement efforts may change work patterns, operations, and even reporting relationships. Because change and fear are often associated, employees may create barriers to change. HRM must be ready to help affected employees overcome their resistance. Looking for better ways of working often results in new ways of HRM must be ready to help affected doing things. Consequently, HRM must be prepared to train employees employees overcome barriers to change. in these new processes and help them attain new skill levels that may be associated with improved operations.
How HRM Assists in Work Process Engineering If we accept the premise that work process engineering will change how we do business, it stands to reason that our employees will be directly affected. As such, the gains that work process engineering offers will not occur unless we address the people issues. First of all, work process engineering may involve changes that leave employees, at least the survivors, confused and angry. Although a preferred method of "change" would involve employees throughout the process, we need to recognize that work process engineering may leave some employees frustrated and unsure of what to expect. As change is implemented, some may lose jobs, survivors may need retraining, and stress levels may be magnified. Accordingly, HRM must have mechanisms in place to give employees appropriate answers and direction for what to expect, as well as assistance in dealing with conflicts that may permeate the organization. Although the emotional aspect is difficult to resolve, work process engineering will generate benefits of improved efficiency and competitiveness only if HRM trains its employee population. Whether it's a new process, a technology enhancement, working in teams, or adding decision-making authority, employees will need to learn new skills. Consequently, HRM must be ready to offer the skills training necessary in the "new" organization. Even the best process will fail if employees lack the requisite skills to perform as the process task dictates.
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Furthermore, as many components of the organization are redefined, so too will be many HRM activities that affect employees. For example, if redesigned work practices change employee compensation packages (for example, bonus/incentive pay), employees need to know. Likewise, they must understand performance standards and how employees will be evaluated.
Employee Involvement Whenever significant changes occur in an organization, subsequent changes in work methods must also occur. With respect to work process engineering and continuous improvements, many companies today require their employees to do more, faster, and better, with less. Involving employees means different things to different organizations and people, but by and large for today's workers to be successful, a few necessary employee involvement concepts appear to be accepted. These are delegation, participative management, work teams, goal setting, and employer training—the empowering of employees. Tom Brady's success on the football field was interrupted by a serious knee injury early in the 2008 season, but the New England Patriots managed to achieve a winning season without their famed quarterback. Winning doesn't depend solely on the talents of superstars like Brady. The strength of successful teams requires the efforts of many individuals— coaches, specialized position players, and a field general (the quarterback) who becomes one of the team's biggest cheerleaders. (Source: Nick Laham/Getty Images, Inc.)
How Organizations Involve Employees
Succeeding when facing multiple tasks, often on a number of projects, requires more employees at all levels to delegate some activities and responsibilities to other organizational members. This means that employees need certain amounts of authority to make decisions that directly affect their work. Even though delegation was once perceived as something that managers did with lower levels of employees, today delegation is required at all levels of the organization—in essence it is peer delegation, or using influence without authority. In addition to taking on more responsibilities, employees are expected to make decisions without the benefit of tried-and-true past decisions. Because all employees become part of the process, the need is greater for them to contribute to the decisionmaking process. In most organizations, the days of autocratic management are over. To facilitate customer demands and fulfill corporate expectations, today's employees must be more involved. Group decision making gives employees Tomorrow's organizations will have an more input into the processes and greater access to needed information. even greater emphasis on teams. Such actions are also consistent with work environments that require increased creativity and innovation. Work teams are also an effective way to increase employee involvement. The bureaucratic structure of yesterday—where clear lines of authority existed and the chain of command was paramount—is not appropriate for many of today's companies. Workers from different specializations in an organization work together to successfully complete complex projects. As such, traditional work areas have given way to more team effort, building and capitalizing on the various skills and backgrounds that each member brings to the team. Consider, for example, what kind of group it takes to put together a symphony. One musician could not possibly play all the various instruments at one time. To blend the music of the orchestra, symphonies have string sections, brass instruments, percussion, and the like. At times, however, a musician may cross over these boundaries, such as the trombonist who also plays the piano. These work teams are driven by the tasks at hand. Involving employees allows them to focus on the job goals. With greater freedom, employees are in a better position to develop the means to achieve the desired ends. In the case of a symphony, the result is a harmonious concert.
Employee Involvement Implications for HRM We have addressed some components of employee involvement; for an organization, however, addressing them is not enough. Useful employee involvement requires demonstrated leadership as well as supportive management. Additionally, employees
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need training, and that's where HRM can make a valuable contribution. Employees expected to delegate, to have decisions made within a group, to work in teams, or to set goals cannot do so unless they know and understand what they are supposed to do. Empowering employees requires extensive training in all aspects of the job. Workers may need to understand new job design processes. They may need training in interpersonal skills to make participative management and work teams function properly. In the future, we can anticipate much more involvement from HRM in all parts of the organization.
Other HRM Challenges The challenges to HRM are in the headlines every day. Issues like recessions, offshoring, mergers, bankruptcies, layoffs, workplace violence, and unemployment lead the broadcast, print, and online news and enter our daily conversation. As you study human resource management, make a point of following current events as they affect employment. These issues will continue to evolve and HRM will need to find ways to manage the changes as they affect employees. We will examine a few here, but you will find many more if you stay informed of current events.
Recession As the financial crisis that started in 2008 continues to unfold, HR professionals are confronted with the challenges that accompany a recession. Certainly, layoffs top the list of difficult HR tasks, but they are not the only ones. Morale suffers as employees that survive layoffs feel fear and resentment. Retraining becomes necessary as retained workers assume increased responsibilities. Benefits may need to change to save money, and key employees may be difficult to retain as they begin to look for employment with a firm they consider to be more stable. It's not all bad news for HR in a recession, however. Higher unemployment makes it possible to attract and hire better qualified people when openings do occur.
Offshoring The pictures and headlines are compelling and heartbreaking. Families that have worked the line at a manufacturer for generations stand next to a shuttered factory and wonder what they will do next. Maytag closed its 100-year-old Newton, Iowa, factory recently, leaving 700 workers unemployed in this small town. The North American Free Trade Agreement (NAFTA) certainly played a role in the closure as Maytag had already moved much manufacturing to Mexico before its sale to Whirlpool, but many will admit that the problems weren't that simple. Economists estimate that no more than 3 percent of all mass layoffs are due to offshoring, or the process of moving jobs to another country for economic reasons. Instead, many manufacturing jobs are lost to more efficient production methods such as robotics and computerized tooling.50 Manufacturing jobs are not the only ones to be sent overseas. Many employers see offshoring as a necessity in order to compete in a global economy and find necessary skills, lower labor costs, and reduced costs of distribution. Some employers estimate that as much as 15–20 percent of their jobs will eventually be sent overseas, but this does not necessarily mean that the United States will see a reduction in overall employment. A quarter of employers who have sent jobs overseas were able to create a greater number of better paying jobs here in the United States. Jobs frequently offshored include services that can be delivered electronically such as an overseas radiologist reading X-rays e-mailed in the middle of the night or an accountant in India doing work to help a busy C.P.A. firm in the United States during tax season. Other types of jobs that
offshoring The process of moving jobs out of one country and in to another country.
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are seeing offshore growth include computer programmers, software developers, systems analysts, and . . . get ready . . . human resources.51
merger Joining ownership of two organizations. acquisition The transfer of ownership and control of one organization to another.
Mergers Banking, telecommunications, and airlines have all seen increases in mergers and acquisitions and many of us have had to get used to our banks or wireless carriers changing names in recent years. The recent financial crisis has necessitated mergers between such financial giants as Bank of America's merger with Merrill Lynch and Wells Fargo's purchase of Wachovia. If you or someone you know was affected by a merger or acquisition, you've probably experienced first hand the uncertainty, change, loss of jobs, and differences in culture that are almost inevitable when companies combine. The number of mergers in recent years has steadily increased worldwide52 and presents new challenges to HR professionals. Mergers are a common way for businesses to enter new or global markets, acquire new technology, or gain a financial advantage by achieving economies of scale. Many mergers, possibly as many as three out of four, fail to achieve their objectives for financial or strategic gain. Many of the reasons for those failures can be traced to the lack of attention to the human resource function in the merger process. For example, when Hewlett Packard merged with Compaq, customers were lost as employees became more focused on keeping their jobs rather than serving their customers.53 HR professionals can assist employees in the merger process by providing a well planned communication strategy. Employees want honest, current information that includes the goals of the merger, anticipated benefits, and a preliminary timeline for the planned changes. Multiple methods of communication are necessary including meetings, Internet updates, newsletters, and question and answer sessions.
A Look at Ethics ethics A set of rules or principles that defines right and wrong conduct.
Ethics commonly refers to a set of rules or principles that define right and wrong conduct.54 Right or wrong behavior, though, may be difficult to determine. Most recognize that something illegal is also unethical, but what about the questionable "legal" areas such as the trips and bonuses authorized by AIG following their taxpayer bailout? Human resource literature has been filled with organizational practices at companies such as WorldCom, Enron, and Tyco. What executives at these companies did may be questionable, or even illegal, but the larger issue is the implications that such actions have created. For many, these corporate scandals have created a lack of trust of management.55 People are questioning how such unethical actions could have gone unnoticed if proper controls were in place in the organization. Moreover, the public is now examining the unethical cultures pervasive in these organizations. In the wake of the ethical failures that had a huge economic impact on employees and investors alike, Congress passed the Sarbanes-Oxley Act of 2002, also called SOX. Several provisions of the act require compliance monitoring that are left to HR professionals in many organizations. The intent of the law was to add accountability to the actions and transactions of people in organizations in order to discourage or detect ethical misconduct. Recent research indicates that despite the new SOX regulations, when misconduct does occur, employees are no more likely to report violations of company ethical standards than they were before the law was enacted.56 Understanding ethics may be difficult, depending on your view of the topic (see Learning an HRM Skill—Guidelines for Acting Ethically, p. 26). People who lack a strong moral sense, however, are much less likely to do wrong if they feel constrained by rules, policies, job descriptions, or strong cultural norms that discourage such behaviors. For example, someone in your class has stolen the final exam and is selling a copy for $50. You need to do well on this exam or risk failing the course. You expect that
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Summary
some classmates have already bought copies, and that could affect any possibility of the exam being curved by the professor. Do you buy a copy because you fear that without it you'll be disadvantaged, do you refuse to buy a copy and try your best, or do you report your discovery to your instructor? The example of the final exam illustrates how ambiguity about what is ethical can be a problem for managers. Codes of ethics are an increasingly popular tool for attempting to reduce that ambiguity.57 A code of ethics is a formal document that states an organization's primary values and the ethical rules it expects managers and operative employees to follow. Ideally, these codes should be specific enough to guide organizational personnel in what they are supposed to do, yet loose enough to allow for freedom of judgment. Although SOX may not have drastically changed employee behavior yet, most agree that a company with a pervasive culture of ethical behavior will benefit. Companies that have strong ethical cultures with ethical education programs see a 75 percent decrease in all unethical behavior.58 In isolation, ethics codes are unlikely to be much more than window dressing; Enron had a code of ethics statement. Their effectiveness depends heavily on whether management supports them, ingrains them into the corporate culture, and how individuals who break the codes are treated.59 If all managers, including those in HRM, consider ethics codes important, regularly reaffirm their content, follow the rules themselves, and publicly reprimand rule breakers, then such codes can supply a strong foundation for an effective corporate ethics program.60
Summary (This summary relates to the Learning Outcomes identified on page 2.) After having read this chapter you can 1. Discuss how cultural environments affect HRM practices. Globalization is creating a situation where HRM must search for mobile and skilled employees who can succeed at their jobs in a foreign land. These employees must, therefore, understand the host country's language, culture, and customs. 2. Describe how technology is changing HRM. Technology is having a major impact on HRM. It's giving all employees instant access to information and changing the skill requirements of employees. Technological changes have required HRM to address or change its practices when it deals with such activities as recruiting and selecting employees, motivating and paying individuals, training and developing employees, and in legal and ethical matters. 3. Identify significant changes in workforce composition. The workforce composition has changed considerably over the past thirty-five years. Once characterized as having a dominant number of white males, the workforce of the new millennium is comprised of a mixture of women, minorities, immigrants, and white males. 4. Describe the HRM implications of a labor shortage. It is estimated that there will be a shortage of skilled labor in the United States over the next ten to fifteen years. The primary reasons for this shortage are birthrates and labor participation rates. For HRM, the labor shortage means that human resource managers will need sophisticated recruitment and retention strategies and have a better understanding of human behavior. 5. Describe how changing skill requirements affect HRM. Changing skill requirements means HRM has to provide extensive employee training. This training can be in the form of remedial help for those who have skill deficiencies or specialized training dealing with technology changes. 6. Explain why organizational members focus on quality and continuous improvements. Organizational members focus on quality and continuous improvements for these reasons: today's educated consumers demand it, and quality improvements have become strategic initiatives in the organization. HRM is
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code of ethics A formal document that states an organization's primary values and the ethical rules it expects organizational members to follow.
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7.
8.
9.
10.
instrumental in quality initiatives by preparing employees to deal with the change and training them in new techniques. Describe work process engineering and its implications for HRM. Continuous incremental improvements focus on enhancing the quality of a current work process. Work process engineering focuses on major or radical change in the organization. Identify who makes up the contingent workforce and its HRM implications. The contingent workforce includes part-time, temporary, consultant, and contract workers who provide as-needed services to organizations. The HRM implications of a contingent workforce include attracting and retaining skilled contingent workers, adjusting to their special needs, and managing any conflict that may arise between core and contingent workers. Define employee involvement and list its critical components. Employee involvement can be best defined as giving each worker more control over his or her job. To do this requires delegation, participative management, developing work teams, goal setting, and employee training. If handled properly, involving employees should lead to developing more productive employees who are more loyal and committed to the organization. Explain the importance of ethics in an organization. Ethics refers to rules or principles that define right or wrong conduct. Given organizational practices of the early 2000s, ethics has become a focal point of proper organizational citizenship.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. How has the global village contributed to the need for diversity awareness in our organizations? 2. Describe the workforce shifts in types of jobs during the past hundred years. What implications have these shifts created for today's human resource managers? 3. Which groups will comprise the greatest influx into the U.S. workforce over the next ten years? How will these groups affect HRM? 4. How can human resource managers help employees deal with work/life issues? 5. What is a knowledge worker? What HRM changes can be expected in dealing with knowledge workers with respect to recruiting, selection, motivation, and work/life issues? 6. Explain the increased popularity of continuous improvements and work process engineering in the past twenty years. 7. What is the purpose of a continuous improvement program? What role does HRM play in assisting continuing improvements? 8. What are the necessary ingredients for a successful empowerment program? 9. What are ethics and why are they important for organizations?
Key Terms acquisition baby boomers code of ethics contingent workforce continuous improvement
core employees downsizing ethics globalization kaizen knowledge workers
merger multinational corporations (MNCs) offshoring outsourcing
quality management rightsizing workforce diversity work process engineering
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Developing Diagnostic and Analytical Skills
HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. How can HRM ensure that it is properly preparing the organization for dealing with globalization? 2. "Workforce diversity is nothing new. We need only look back to the early 1900s when thousands of immigrants came to the United States, understand how we handled them, and then implement similar practices again." Do you agree or disagree with the statement? Explain.
3. What can HRM do to help ensure the highest ethics in an organization? 4. Discuss the implications of hiring contingent workers from both the organizational and contingent worker perspective. 5. Training organizational members how to be coaches and how to empower employees will be a major HRM activity in the next decade. Do you agree or disagree with this statement? Explain.
Developing Diagnostic and Analytical Skills Case Application 1: WORK/LIFE BALANCE AT BAXTER Baxter International may not be a household name, but if you've ever been in a hospital, you've probably seen their products. The company produces medical products that are used in IV (intravenous solutions), anesthesia, dialysis, and many blood disorders along with medical devices, biotechnology products61 and specialty pharmaceuticals. Employees at Baxter are justifiably proud of the lifesaving products they produce, but also take pride in the emphasis that Baxter takes in their ability to balance their careers and family responsibilities. Work/life balance is part of the culture at Baxter. Managers and employees share responsibility in managing the daily demands of a career and family and are provided with a guidebook that encourages discussion and problem-solving strategies for work/life conflicts. They recognize that alternate work arrangements can be a way to meet employees' needs for balance and flexibility, and that the employee should examine his/her own personal characteristics when considering a change in schedule. The company Web site includes a guide for determining if alternative work arrangements would be a good fit for the employee's personality and career. Options like part-time work, job-sharing, compressed work week, and telecommuting are analyzed. If the employee feels that an alternative work arrangement is appropriate, Baxter provides an online proposal kit for the employee to request a more flexible schedule. Baxter has acquired several companies from other countries in recent years and is in the process of spreading family-friendly benefits such as alternative work arrangements, dependent care, counseling resources, adoption assistance, back-up/emergency child care, and lactation rooms to their non-United States subsidiaries. The commitment to balance seems to permeate the culture all the way to the top. Harry Jansen Kraemer, a former C.E.O., attempted to balance his career and family by not accepting work-related calls
Working with a Team
after 6:00 P.M. He once refused to cancel a family camping trip after being informed that a Baxter product was implicated in several recent patient deaths. He admonished his staff to "do the right thing"62 in his absence. Is this work/life balance at Baxter beneficial? That answer depends on how one defines beneficial. In spite of two major product failures since 2001, they have grown steadily to 45,000 employees in 200 facilities worldwide. Revenues, profits, and stock prices have all shown steady growth. Based on these performance measures, you could say that the emphasis on balance has been successful. In addition, by allowing employees to request alternative and flexible work arrangements such as job-sharing, compressed workweeks, and telecommuting, Baxter has been able to attract and retain top-notch employees, who in turn have generated greater productivity for the company.63 Questions: 1. What role, if any, does work/life balance play in the success of an organization? Explain. 2. How does diversity in an organization affect the organization's work/life balance? What ethical considerations exist that may drive the organization to be more work/life balanced? 3. How can organizations develop a culture that supports work/ life balance? 4. What role does human resources play in making sure work/ life practices are effective? 5. Take a look at the Baxter Web site "Careers" section (www. baxter.com). What does Baxter do that seems to support the goal of work/life balance?
UNDERSTANDING DIVERSITY ISSUES
Workforce diversity has become a major issue for managers. Although similarities are common among individuals, obvious differences do exist. A means of identifying some of those differences
is getting to know individuals from diverse groups. For this exercise, you will need to speak with a student at your school that is from a different country. If you don't know any, the office of your
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college responsible for coordinating international students can give you a list of names. Interview at least three people to ask such questions as: 1. What country do you come from? 2. What is your first language? 3. Describe your country's culture in terms of form of government, emphasis on individuals versus groups, roles of women in the workforce, benefits provided to employees, and how employees are treated.
Learning an HRM Skill
4. What were the greatest difficulties in adapting to this new culture? 5. What advice would you give me if I had an HRM position in your country? In groups of three to five class members, discuss your findings. Are there similarities in what each of you found? If so, what are they? Are there major differences? Describe them. What implications for managing in the global village has this exercise generated for you and your group?
GUIDELINES FOR ACTING ETHICALLY
About the skill: Making ethical choices can be difficult for human resource managers. Obeying the law is mandatory, but acting ethically goes beyond mere compliance with the law. It means acting responsibly in those "gray" areas where right and wrong are not defined. What can you do to enhance your abilities in acting ethically? We offer some guidelines. 1. Know your organization's policy on ethics. Company policies on ethics, if they exist, describe what the organization perceives as ethical behavior and what it expects you to do. This policy will help you clarify what is permissible and what discretion you will have. This becomes your code of ethics to follow. 2. Understand the ethics policy. Just having the policy in your hand does not guarantee that it will achieve what it is intended to. You need to fully understand it. Behaving ethically is rarely a cut-and-dried process, but the policy can act as a guide by which you will act in the organization. Even if no policy exists, you can take several steps before you deal with a difficult situation. 3. Think before you act. Ask yourself, "Why am I going to do what I'm about to do? What led up to the problem? What is my true intention in taking this action? Is my reason valid, or are ulterior motives behind it—such as demonstrating organizational loyalty? Will my action injure someone? Would I dis-
close to my boss or my family what I'm going to do?" Remember, it's your behavior and your actions. Make sure that you are not doing something that will jeopardize your role as a manager, your organization, or your reputation. 4. Ask yourself what-if questions when you think about why you are going to do something. The following questions may help you shape your actions. "What if I make the wrong decision? What will happen to me? To my job?" "What if my actions were described, in detail, on the local TV news or in the newspaper? Would it bother or embarrass me or those around me?" "What if I get caught doing something unethical? Am I prepared to deal with the consequences?" 5. Seek opinions from others. If you must do something major about which you are uncertain, ask for advice from other managers. Maybe they have been in a similar situation and can give you the benefit of their experience. Or maybe they can just listen and act as a sounding board for you. 6. Do what you truly believe is right. You have a conscience, and you are responsible for your behavior. Whatever you do, if you truly believe it was the right action to take, then what others say or what the "Monday-morning quarterbacks" say is immaterial. Be true to your own internal ethical standards. Ask yourself: "Can I live with what I've done?"
Enhancing Your Communication Skills 1. Visit a human resource management department (or you may want to visit a company's Web site). Research information on this organization in terms of human resource activities. For instance, if the organization has a job posting Web site, visit it and critique its usefulness to you. 2. Provide a two- to three-page write-up on a technology-based organization (for example, Amazon.com, Dell, Varsitybooks .com) and the effect of technology on the human resource aspects of the business. Emphasize the way the business has
had to change its HRM practices to accommodate technology changes, and the benefits that have accrued or that are anticipated. 3. Develop a report on the pros and cons of the work/life conflict. Prepare your report from either an organization's or a person's perspective. (Note: This would make a good debate if one person takes the organization's perspective and another person takes the individual's perspective).
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1 2 3 4 5 6
Explain what we mean by strategic human resource management.
7 8
List the components and goals of the motivation and maintenance functions.
9
Explain how human resource management practices differ in small businesses and in international settings.
Describe the importance of human resource management. Identify the primary external influences affecting human resource management. Characterize how management practices affect human resource management. Discuss the effect of labor unions on human resource management. Outline the components and the goals of the staffing, training, and development functions of human resource management.
Outline the major activities in the employment, training and development, compensation and benefits, and employee relations departments of human resource management.
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hen the housing market entered a slump in early 2008, it took home improvement stores down with it. Home Depot responded to a drop in sales by laying off hundreds of workers. The cuts didn't stop there. In April of 2008, Home Depot's human resource department made the shocking revelation that it was cutting itself in half, laying off as much as 50 percent of the HR staff.1 The objective was to streamline HR processes and use the extra money to fortify the retail sales staff, something Home Depot calls "putting aprons on the floor," referring to the orange aprons worn by sales associates. Why would HR offer to "take one for the team" by cutting staff by nearly 1,200 people? The answer lies in how it aligned its strategy with Home Depot's organizational strategy. A little history helps put things in perspective. Home Depot founders Arthur Blank and Bernie Marcus were advocates of an upside-down pyramid sort of company structure. Customers were at the top, followed by store employees, and then by management who were encouraged to make their own decisions and focus on the customer and employees. HR strategy complimented the company strategy with recognition for sales performance and a compensation plan that included bonuses for top sales and stock benefits. In 2001, Robert Nardelli became CEO and turned Home Depot into a traditional "topdown" structure with top managers firmly in charge. His prior experience at General Electric (GE) had taught him strict controls and measurement metrics. Cost cutting led to strong profits and sales, but customer satisfac-
W
tion ratings were dismal and associate morale was low. HR's role turned to assistance with developing better controls and more efficient systems. Nardelli left in 2006 with a controversial severance package worth millions. Current Chairman Frank Blake is in the process of turning the pyramid back upside-down with focus on customers and store associates. He announced an initiative called "aprons on the floor" with the goal of increasing the quantity and quality of store associates. He also asked senior management to arrive at cost cutting strategies to raise the money necessary for the additional associates. HR stepped up with a proposal to reduce staff by taking HR professionals out of the individual stores and combining the HR functions into
district teams2 that would oversee six to ten stores. These teams would consist of a district HR manager and three HR generalists with responsibility for staffing, development, associate relations, and performance management.3 This is similar to the service centers that companies like Target and WalMart use for their HR functions. Did HR at Home Depot hurt their role as partners in organizational strategy by cutting their staff ? Probably not. Most of the positions eliminated were in the stores where strategy is administered, not set. HR demonstrated their commitment to company strategy by "taking one for the team" and making the necessary sacrifices to gain more store associates. Will they weather the storm? Will they need more cuts? Stay tuned.
(Source: © Steve Hasel/St. Petersburg Times/Zuma)
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Introduction When you consider for a moment how HR at Home Depot reflects organizational strategy, it is important to note that achieving organizational goals cannot be done without human resources. What is Google without its employees? A lot of buildings, expensive equipment, and some impressive bank balances. Similarly, if you removed the employees from such varied organizations as the PhiladelPeople, not buildings, make a company phia Phillies, Microsoft, Hallmark, Sprint, or the American Red Cross, successful. what would you have left? Not much. People—not buildings, equipment, or brand names—make a company. This point is one that many of us take for granted. When you think about the millions of organizations that provide us with goods and services, any one or more of which will probably employ you during your lifetime, how often do you explicitly consider that these organizations depend on people to make them operate? Only under unusual circumstances, such as when you are put on hold for too long on a company's toll-free customer-service line or when a major corporation is sued for a discriminatory HRM practice, do you recognize the important role that employees play in making organizations work. But how did these people come to be employees in their organizations? How were they selected? Why do they come to work on a regular basis? How do they know what to do on their jobs? How does management know if the employees are performing adequately? And if they are not, what can be done about it? Will today's employees be adequately prepared for the technologically advanced work the organization will require of them in the years ahead? What happens in an organization if a union is present? These are some of the many questions whose answers lie at the foundations of HRM. But, as we saw in Chapter 1, answers to these questions are affected by elements outside any organization's control. Make no mistake, globalization is changing the strategic nature of organizations, including HRM. For example, consider the shifting of jobs worldwide. Given the technology available for customer service, in what country the phone is answered makes no difference to the customer. Realistically, it's always 9-to-5 somewhere in the world. Routing customer service calls to different countries in different time zones can enable a company to provide 24/7 service without having to pay premium wages for work after "normal work hours." Remember "Globalization 3.0" from Chapter 1 and the book The World Is Flat? We will discuss various elements as a set of activities to be accomplished by individuals, whether actual members or service providers for an organization. Regardless of the doer, certain actions must take place—actions that serve as the fundamentals of HRM. Yet the field of HRM cannot exist in isolation. Rather, it's part of the larger field of management.
Why Is HRM Important to an Organization? Like many other companies, Starbucks recently announced store closings and layoffs yet they remain on Fortune Magazine's list of "Most Admired Companies." Why? The answer is simple—it's the people. From day one, Starbucks employees know exactly what's expected of them and how vital they are to the success of the business. As Starbucks says, it puts people before products. (Source: Marc Asnin/Redux Pictures)
Prior to the mid-1960s, personnel departments in organizations were often perceived as the "health and happiness" crews.4 Their primary job activities involved planning company picnics, scheduling vacations, enrolling workers for health-care coverage, and planning retirement parties. Federal and state laws have placed many new requirements on employers concerning hiring and employment practices. Jobs have also changed. They have become more technical and require employees with greater skills. Furthermore, job boundaries are becoming blurred. In the past, a worker performed a job in a specific department, working on particular job tasks with others who did similar jobs. Today's workers are just as
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DID YOU KNOW?
A Management Recap HRM does not exist in isolation. Rather, it is a subset of the field of management. For those who desire a quick review of management, please read on. Management is the process of efficiently achieving the objectives of the organization with and through people. To achieve its objective, management typically requires the coordination of several vital components that we call functions. The primary functions of management that are required are: Planning: establishing goals Organizing: determining what activities need to be completed to accomplish those goals Leading: ensuring that the right people are on the job with appropriate skills, and motivating them to levels of high productivity Controlling: monitoring activities to ensure that goals are met When these four functions operate in a coordinated fashion, we can say that the organization is heading in the correct direction toward achieving its objectives. Common to any effort to achieve objectives are three elements: goals, limited resources, and people. In any discussion of management, one must recognize the importance of setting goals. Goals are necessary because activities undertaken in an organization must be directed toward some end. For instance, your goal in taking this class is to build a foundation of understanding HRM and, obviously, to pass the
class. There is considerable truth in the observation, "If you don't know where you are going, any road will take you there." The established goals may not be explicit, but where there are no goals, there is no need for managers. Limited resources are a fact of organizational life. Economic resources, by definition, are scarce; therefore, the manager is responsible for their allocation. This requires not only that managers be effective in achieving the established goals, but that they be efficient in doing so. Managers, then, are concerned with the attainment of goals, which makes them effective, and with the best allocation of scarce resources, which makes them efficient. The need for two or more people is the third and last requisite for management. It is with and through people that managers perform their work. Daniel Defoe's legendary Robinson Crusoe could not become a manager until Friday arrived. In summary, managers are those who work with and through people, allocating resources in the effort to achieve goals. They perform their tasks through four critical activities— planning, organizing, leading, and controlling. Source: For a comprehensive overview of management, see Stephen P. Robbins and David A. DeCenzo, Fundamentals of Management, 6th ed. (Upper Saddle River, NJ: Prentice Hall, 2008), Ch. 1. It is also worth noting that changes in the world of work reveal that these work functions may no longer be just the responsibility of managers but part of every worker's job responsibility.
likely, however, to find themselves working on project teams with various people from across the organization. Others may do the majority of their work at home and rarely see any of their coworkers. And, of course, global competition has increased the importance of improving workforce productivity and looking globally for the best-qualified workers. Thus, organizations need HRM specialists trained in psychology, sociology, organization and work design, and law. Federal legislation requires organizations to hire the best-qualified candidate without regard to race, age, religion, color, sex, disability, or national origin—and someone must ensure that this is done. Employees need to be trained to function effectively within the organization—and again, someone must oversee this as well as the continuing personal development of each employee. Someone must ensure that these employees maintain their productive affiliation with the organization. The work environment must be structured to encourage worker retention while simultaneously attracting new applicants. Of course, the "someones" we refer to, those primarily responsible for carrying out these activities, are human resource professionals. Today, professionals in human resources are important elements in the success of any organization. Their jobs require a new level of sophistication. Not surprisingly, their status in some organizations has also been elevated. Even the name has changed. Although the terms personnel and human resource management are frequently used interchangeably, it is important to note that the two connote quite different aspects of the job. The human resource department head, once a single individual heading the
management The process of efficiently completing activities with and through people. planning A management function focusing on setting organizational goals and objectives. organizing A management function that deals with determining what jobs are to be done, by whom, where decisions are to be made, and how to group employees. leading Management function concerned with directing the work of others. controlling Management function concerned with monitoring activities to ensure goals are met.
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personnel function, today may be a senior vice president sitting on executive boards and participating in the development of the overall organizational strategy.
The Strategic Nature
Exhibit 2-1 Strategic HR Aligns with Organizational Strategy Different organizational strategies call for tailor-made HR strategies. Staffing, training and development, motivation and maintenance all must emphasize factors that support the strategy.
Many companies today recognize the importance of people in meeting their goals. HRM must therefore balance two primary responsibilities: assisting the organization in its strategic direction and representing and advocating for the organization's employees. Clearly, HRM has a significant role in today's organizations.5 HRM must be forward thinking. HRM must not simply react to what "management" states. Rather, HRM must take the lead in assisting management with the "people" component of the organization. Moreover, an organization's employees can assist in gaining and maintaining a competitive advantage. Attracting and keeping such employees requires HRM policies and practices that they desire. Being a strategic partner also involves supporting the business strategy. This means working with line management in analyzing organizational designs, the culture, and performance systems, and recommending and implementing changes where necessary. Exhibit 2-1 describes how HR responds to four different strategic approaches.
Strategy Type
What It Looks Like
Implications for HR
Cost differentiation Provide great value and low cost.
Emphasize acquiring low-cost materials, streamlining processes, reducing waste, maximizing efficiencies (e.g., Wal-Mart, Hyundai).
Structure jobs and departments to maximize cross training, knowledge sharing. Design compensation programs to reward efficiency, cost savings. Select employees with versatile skill sets.
Product differentiation Deliver product/service that is similar to competitors but incorporates a feature(s) that differentiates it.
Emphasize creativity and innovation. Consumers faced with multiple choices; identify those features that make the product/service stand out (e.g., Webkinz, Aveda).
Design compensation systems to reward creativity, innovation. Educate employees about product/ service differentiating features. Create marketing campaign to promote special product features.
Customer Intimacy Strong personal relationship between provider of product/service and customer.
Customer/Market Focus Unique target market characteristics.
Emphasize relationship between consumers and point person. Personalized service differentiates the product/service from competitors (e.g., local hair salon, Nordstrom).
Recruit and select job candidates with strong customer service and customer relations skills to help fortify the provider/consumer relationship.
Emphasize the needs of a specific target market, such as generational or lifestyle (e.g., Abercrombie & Fitch).
Use strong market research to drive recruitment and selection so employees have a strong understanding of the target market.
Focus reward strategies on customer attraction, satisfaction and retention.
Emphasize versatility and adaptability as products and services are subject to rapid change.6
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The HRM Functions
Just as the organizational strategy helps functional areas such as marketing, finance, production, and operations align practices and tactical plans with organizational goals,7 HR professionals must align HR practices and plans with the overall organizational strategy. HR can help the organization select an appropriate structure to fit the needs of the strategy. Some questions to be answered are: How centralized or decentralized are the authority relationships? How narrow or wide is the span of control? Once the structure is selected, jobs need to be designed so that employees understand the relevance of their positions to the organizational strategy and the necessary knowledge, skills, and abilities (KSAs) to achieve success. Thought also needs to be given to the amount of autonomy, skill variety, and work pace the position needs. Hiring and recruitment policies must be examined to make sure that the proper sources are being contacted and people with the right skills are being selected. Performance management also needs to support the organizational structure. HR needs to decide what the relevant job standards are and how to evaluate performance. Compensation needs to reward progress toward organizational goals. In short, strategic human resource management creates a clear connection between the goals of the organization and the activities of the people who work there. All employees should see the link between their daily tasks and achievement of a purpose or goal. The HR functions of staffing, training, and development are important to supporting organization strategy through human capital related areas such as building, developing, and maintaining a productive and talented workforce. 8 Research has shown that companies that link strategy with human resources show increased profitability and shareholder value. Not only that, but the higher the emphasis on practices that value human capital, the more profitable they seem to be. Superior HR practices, including hiring the right people to support company strategy, seem to support productivity and profitability.9
The HRM Functions HRM is the part of the organization concerned with the "people" dimension. HRM can be viewed in one of two ways. First, HRM is a staff or support function in the organization. Its role is to provide assistance in HRM matters to line employees, or those directly involved in producing the organization's goods and services. Second, HRM is a function of every manager's job. Whether or not one works in a formal HRM department, the fact remains that to effectively manage employees, all managers must handle the activities we'll describe in this book. That's important to keep in mind! Every organization is comprised of people. Acquiring their services, developing their skills, motivating them to high levels of performance, and ensuring that they maintain their commitment to the organization are essential to achieving organizational objectives. This is true regardless of the type of organization—government, business, education, health, recreation, or social action. Hiring and keeping good people is critical to the success of every organization. To look at HRM more specifically, we propose that it consists of four basic functions: (1) staffing, (2) training and development, (3) motivation, and (4) maintenance. In less academic terms, we might say that HRM is made up of four activities: (1) hiring people, (2) preparing them, (3) stimulating them, and (4) keeping them. Even the smallest entrepreneurial organization with one or two employees must recognize responsibility for all four HR functions. In organizations that are too small for a formal human resource management department, these functions will be the responsibility of each line manager. Line managers will always have many of these responsibilities whether a formal human resources department exists or not. HR departments are generally responsible for assisting the line manager in these activities. Organizational strategy, structure, or culture may dictate that such activities, although supportive of line management, will be more effective if handled in a more centralized
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strategic human resource management Aligning HR policies and decisions with the organizational strategy and mission.
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Exhibit 2-2 External influences
Human Resource Management: Primary Activities
Staffing
bo
r un ions
Glo bal iza tio n
• Strategic human resource planning • Recruiting • Selection
La
Human resource management (HRM) goals are accomplished through the functions of staffing, training and development, motivation and maintenance. External factors influencing the process are labor relations, management practices, government legislation, and globalization.
HRM Goals
• Orientation • Employee training • Employee development • Career development
relations)
• Safety and health • Communications • Employee relations
( la b o r
Training and Development
Maintenance
m
is l
a ti
c ti
ra
tp
en
rn
eg
m
ve tl
ce
• Motivation theories and job design • Performance appraisals • Rewards and compensation • Employee benefits
Go en
s
Motivation
M
an
ag
e
on
fashion in the human resource department. For ease of clarity, we'll discuss the following functions as if they are the responsibility of an HRM department. When one attempts to piece together an approach for HRM, many variations and themes may exist.10 However, when we begin to focus on HRM activities as subsets of the four functions, a clearer picture arises (see Exhibit 2-2). Let's take a closer look at each component.
staffing function Activities in HRM concerned with seeking and hiring qualified employees.
Staffing Function Although recruiting is frequently perceived as the initial step in the staffing function, it has prerequisites. Specifically, before the first job candidate is sought, the HR specialist must embark on employment planning. This area alone has probably fostered the most change in human resource departments during the past thirty years. Organizations must have a well-defined reason for needing individuals who possess specific skills, knowledge, and abilities directly linked to specific jobs. No longer does the HR manager exist in total darkness, or for that matter, in a reactive mode. Not until the organization's mission and strategy have been fully developed can human resource managers begin to determine human resource needs.11 Specifically, when an organization plans strategically, it determines its goals and objectives for a given period of time. These goals and objectives often lead to structural changes in the organization, requiring changes in job requirements and reporting relationships. These new or revised structures will require HR professionals to direct recruiting efforts to find individuals with skills matching the organizational strategy. For example, an organization seeking a cost differentiation strategy may need to seek
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employees who are flexible and have a variety of skills in addition to their specific job description. It is these jobs that HRM must be prepared to fill.12 Many organizations are choosing to assist recruiting efforts by developing and promoting an employment "branding" strategy much the same way that consumer products have a distinct brand image. The image needs to fit the organizational strategy, mission, and values. Google, for instance, has promoted an employment brand that promotes their culture of creativity and innovation plus employee perks like free food, games, and lots of social interaction.13 Branding assists candidates in selecting an employer that they perceive to be a good fit with their values, personality, and work ethic. Branding also allows candidates who do not feel that they would be a good fit with the organization to decide not to pursue employment. Google engineers energize by playing As an organization's jobs are analyzed, specific skills, knowledge, and abilities are "Guitar Hero" at work. (Source: Kate identified that the job applicant must possess to succeed. This aspect cannot be under14 Lacey/ The New York Times/Redux Pictures) stated, for herein lies much of the responsibility and success of HRM. Through the job analysis process, HRM identifies the essential qualifications for a particular job and includes them in the job description. This accomplishes two objectives. First, prospective employees can see a clear connection between the job and the mission or strategy of the company. Second, it assures that the candidate is selected according to objective criteria and not politics or personal bias, hopefully reducing the chance that illegal discrimination may influence hiring. Additionally, almost all activities involved in HRM revolve around an accurate description of the job. One cannot successfully recruit without knowledge of the critical skills required, nor can one appropriately set performance standards and pay rates or invoke disciplinary procedures fairly without this understanding. Once these critical competencies have been identified, the recruiting process begins. Armed with information from employment planning, HR can begin to focus on prospective candidates. When involved in recruiting, HR specialists should attempt to achieve two goals: to obtain an adequate pool of applicants, thereby giving line managers more choices; and simultaneously provide enough information about the job to head off unqualified applicants. Recruiting then becomes an activity designed to locate potentially good applicants, conditioned by the recruiting effort's constraints, the job market, and the need to reach members of underrepresented groups such as minorities and women. Once applications have come in, it is time to begin the selection phase. Selection, too, has a dual focus. It attempts to thin out the large set of applications that arrived during the recruiting phase and to select an applicant who will be successful on the job. To achieve this goal, many companies use a variety of The goal of recruiting is to give enough steps to assess the applicants. The candidate who successfully completes information about the job to attract a large all steps is typically offered the job, but that is only half of the equation. HRM must also ensure that the best prospect accepts a job offer. Accordnumber of qualified applicants and simulingly, HRM must communicate a variety of information to the applicant, taneously discourage the unqualified from such as the organization culture, what is expected of employees, and any applying. other information that is pertinent to the candidate's decision-making process. The completed selection process ends the staffing function. The goals, then, of the staffing function are to locate competent employees and bring them into the organization. When this goal has been reached, HRM focuses its attention on the employee's training and development.
Training and Development Function Whenever HRM embarks on the hiring process, it attempts to search for and secure the "best" possible candidate. And while HRM professionals pride themselves on being able to determine those who are qualified versus those who are not, the fact remains that few, if any, new employees can truly come into an organization and immediately become fully functioning, 100 percent performers. First, employees need to adapt to
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training and development function Activities in HRM concerned with assisting employees to develop up-todate skills, knowledge, and abilities.
motivation function Activities in HRM concerned with helping employees exert at high energy levels.
Exhibit 2-3 Training and Development Activities Training and development activities are a continuing process beginning with the first day on the job, building skills for high performance and high morale.
their new surroundings. Socialization is a means of bringing about this adaptation. While it may begin informally in the late stages of the hiring process, the thrust of socialization continues for many months after the individual begins working. During this time, the focus is on orienting the new employee to the rules, regulations, and goals and culture of the organization, department, and work unit. Then, as the employee becomes more comfortable with his or her surroundings, more intense training begins. Employees often take months to adjust to their new organizations and positions. Although the job description may seem straightforward, employees need to learn the culture of the organization, how information is communicated, and how their position fits the organization structure and strategy. HRM plays an important role in assimilating employees so they can become fully productive. To accomplish this, HRM typically embarks on four areas in the training and development phase: employee training, employee development, organization development, and career development. It is important to note that employee and career development is more employee centered, whereas employee training is designed to promote competency in the new job. Organization development, on the other hand, focuses on organizational changes. While each area has a unique focus, all four are critical to the success of the training and development phase. We have summarized these four in Exhibit 2-3. The training and development function tends to be a continuous process. The goal of training and development is to have competent, adapted employees who possess the up-to-date skills, knowledge, and abilities needed to perform their current jobs more successfully. If that is attained, HRM turns its attention to finding ways to motivate these individuals to exert high energy levels.
Motivation Function The motivation function is one of the most important yet probably the least understood aspects of the HRM process. Human behavior is complex, and trying to figure out what motivates various employees has long been a concern of behavioral scientists. However, research has given us some important insights into employee motivation.
Employee Training
Employee training is designed to assist employees in acquiring better skills for their current job. The focus of employee training is on current job-skill requirements.
Employee Development
Employee development is designed to help the organization ensure that it has the necessary talent internally for meeting future human resource needs. The focus of employee development is on a future position within the organization for which the employee requires additional competencies.
Career Development
Career development programs are designed to assist employees in advancing their work lives. The focus of career development is to provide the necessary information and assessment in helping employees realize their career goals. However, career development is the responsibility of the individual, not the organization.
Organization Development
Organization development deals with facilitating systemwide changes in the organization. The focus of organization development is to change the attitudes and values of employees according to new organizational strategic directions.
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First of all, one must begin to think of motivation as a multifaceted process—one with individual, managerial, and organizational implications. Motivation is not just what the employee exhibits, but a collection of environmental issues surrounding the job.15 It has been proposed that one's performance in an organization is a function of two factors: ability and willingness to do the job.16 Thus, from a performance perspective, employees need the appropriate skills and abilities to adequately do the job. This should be ensured in the first two phases of HRM by correctly defining the requirements of the job, matching applicants to those requirements, and training the new employee in how to do the job.17 But another concern is the job design itself. If jobs are poorly designed, inadequately laid out, improperly described, or there does not seem to be a connection to the goals or the organization, employees will perform below their capabilities. Consequently, HRM must ask if the latest technology has been provided to permit maximum work efficiency. Is the office setting appropriate (properly lit and adequately ventilated, for example) for the job? Are the necessary tools readily available for employee use? For example, imagine an employee who spends considerable time each day developing product designs. This employee, however, is struggling with outdated design software or a computer that is unable to accommodate the necessary sophisticated design software. Compared to another employee who does have access to such technology, the first individual is going to be less productive. Indeed, office technology and industrial engineering techniques must be incorporated into the job design. Without such planning, the best intentions of organizational members to motivate employees may be lost or significantly reduced. Many organizations today recognize that motivating employees also requires a level of respect between management and the workers. This respect can be seen as involving employees in decisions that affect them, listening to employees, and implementing their suggestions where appropriate. The next step in the motivation process is to set performance standards for each employee. While no easy task, managers must be sure that the performance evaluation system is designed to provide feedback to employees regarding their past performance, while simultaneously addressing any performance weaknesses the employee may have. A link should be established between employee compensation and performance: the compensation and benefit activity in the organization should be adapted to and coordinated with a pay-for-performance plan.18 Throughout the activities required in the motivation function, the efforts all focus on one primary goal: to have highly productive, competent, and adapted employees, with up-to-date skills, knowledge, and abilities. Once that is achieved, it is time to turn the HRM focus to the maintenance function.
Maintenance Function The last phase of the HRM process is called the maintenance function. As the name implies, this phase puts into place activities that will help retain productive employees. When one considers how employee job loyalty has declined in the past decade, it's not difficult to see the importance of maintaining employee commitment.19 To do so requires some basic common sense and some creativity. HRM must ensure a safe and healthy working environment; caring for employees' well-being has a major effect on their commitment. HRM must also realize that any problem an employee faces in his or her personal life will ultimately be brought into the workplace. This calls for employee assistance programs that help individuals deal with stressful life situations such as substance abuse, child care, elder care, depression, and relationship problems. These programs provide many benefits to the organization while helping the affected employee. In addition to protecting employees' welfare, HRM must operate appropriate communications programs in the organization. Such programs help employees know what is occurring around them and provide a place to vent frustrations. Employee relations programs should ensure that employees are kept well informed—through such
maintenance function Activities in HRM concerned with maintaining employees' commitment and loyalty to the organization.
communications programs HRM programs designed to provide information to employees.
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things as the company's e-mail, voicemail, Web site, bulletin boards, town hall meetings, and videoconferencing—and foster an environment where employee voices are heard.20 Time and effort expended in this phase help HRM achieve its ultimate goal of retaining highly productive, competent, and adapted employees, with up-to-date skills, knowledge, and abilities, who are willing to maintain their commitment and loyalty to the company. This process is difficult to implement and maintain, but the rewards should be such that the effort placed in such endeavors is warranted.
How External Influences Affect HRM The four HRM activities are highly affected by what occurs outside the organization. It is important to recognize these environmental influences, because any activity undertaken in each of the HRM processes is directly or indirectly affected by these external elements. For example, when a company downsizes its workforce in response to a downturn in the economy (sometimes referred to as rightsizing), does it lay off workers by seniority? Does the layoff affect an inordinate number of minority employees? Although any attempt to identify specific external influences may prove insufficient, we can categorize them into four general areas: the dynamic environment, laws and regulation, labor unions, and current management practice.
The Dynamic Environment of HRM It has been stated that the only constant during our lifetimes is change. We must therefore prepare ourselves for events that have a significant effect on our lives. HRM is no different. Many events help shape this field. Some of the more obvious include globalization, technology, workforce diversity, changing skill requirements, continuous improvement, decentralized work sites, teams, employee involvement, and ethics.
Laws and Regulation Today, employees who want to take several weeks of unpaid leave to be with their newborn children and return to their jobs without any loss of seniority have an easier time making it a reality. Although some employers may think such leaves negatively affect work flow, government legislation has given employees the right to take this leave. Laws supporting this and other employer actions are important to the HRM process. Listed in Exhibit 2-4 are laws that have had a tremendous effect on HRM in organizations. We'll explore this critical area in depth in Chapter 3.
labor union Acts on behalf of its members to secure wages, hours, and other terms and conditions of employment.
Labor Unions Labor unions were founded and exist today to assist workers in dealing with the management of an organization. As the certified third-party representative, the union acts on behalf of its members to secure wages, hours, and other terms and conditions of employment. Another critical aspect of unions is that they promote and foster what is called a grievance procedure, or a specified process for resolving differences between workers and management. In many instances, this process alone constrains management from making unilateral decisions. For instance, a current HRM issue is the debate over employers' ability to terminate employees whenever they want. When a union is present and HRM practices are spelled out in a negotiated agreement, employers cannot fire for unjustified reasons. Because of the complexities involved in operating with unionization and the special laws that pertain to it, we will defer that discussion until Chapter 14, when we will explore the unique world of labor relations and collective bargaining.
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Exhibit 2-4
Year Enacted
Legislation
Focus of Legislation
1866 1931 1935 1938 1947 1959 1963 1964
Civil Rights Act Davis-Bacon Act Wagner Act Fair Labor Standards Act Taft-Hartley Act Landrum-Griffin Act Equal Pay Act Civil Rights Act
1967
Age Discrimination in Employment Act Occupational Safety and Health Act Privacy Act
prohibits discrimination based on race requires paying prevailing wage rates legitimized unions requires premium pay rates for overtime balanced union power requires financial disclosure for unions requires equal pay for equal jobs prohibits discrimination based on race, color, religion, sex, or national origin adds age to protected group status
1970 1974 1974 1976 1978 1986 1986 1988 1989 1990 1991
1993
Employee Retirement Income and Security Act Health Maintenance Organization Act Mandatory Retirement Act Immigration Reform and Control Act Consolidated Omnibus Budget Reconciliation Act Employment Polygraph Protection Act Plant Closing Bill Americans with Disabilities Act Civil Rights Act
1994
Family and Medical Leave Act Uniformed Services Employment and Reemployment Rights Act
2002
Sarbanes-Oxley Act
Relevant Laws Affecting HRM Practices Many laws protect the rights of employees in the workplace. These laws protect employee rights to union representation, fair wages, family medical leave and freedom from discrimination due to conditions that are not related to job performance.
protects workers from workplace hazards permits employees to review personnel files protects employee retirement funds requires alternative health insurance coverage raises mandatory retirement age from 65 to 70; uncapped in 1986 requires verification of citizenship or legal status in the United States provides for benefit continuation when laid off prohibits use of polygraphs in most HRM practices requires employers to give advance notice to affected employees prohibits discrimination against those with disabilities overturns several Supreme Court cases concerning discrimination in an effort to strengthen federal civil rights laws and to clarify some provisions of the 1964 act permits employees to take unpaid leave for family matters protects the civilian employment of non-full time military service members in the United States called to active duty establishes requirements for proper financial recordkeeping for public companies as well as penalties for noncompliance
Management Thought The last area of external influence is current management thought. Since the inception of the first personnel departments, management practices have played a major role in promoting today's HRM operations. Much of the emphasis has come from some of the early and highly regarded management theorists. Four individuals are regarded as
management thought Early theories of management that promoted today's HRM operations.
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What effect does the informal work group have on these workers' productivity? According to the Hawthorne studies, a significant amount. In fact, this classic research, which paved the way to the human relations movement, showed management that group standards and employee sentiments were the most important determinants of employee productivity—even more so than pay! (Source: SUPERSTOCK)
scientific management A set of principles designed to enhance worker productivity. Hawthorne studies A series of studies that provided new insights into group behavior and motivation.
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the forerunners of HRM support: Frederick Taylor, Hugo Munsterberg, Mary Parker Follet, and Elton Mayo. Frederick Taylor, often regarded as the father of scientific management, developed a set of principles to enhance worker productivity. By systematically studying each job and detailing methods to attain higher productivity levels, Taylor's work offered the first sense of today's human resource practices. For instance, Taylor advocated that workers needed appropriate job training and should be screened according to their ability to do the job (a forerunner of skill-based hiring). Hugo Munsterberg and his associates suggested improved methods of employment testing, training, performance evaluations, and job efficiency. Mary Parker Follet, a social philosopher, advocated people-oriented organizations. Her writings focused on groups, as opposed to individuals, in the organization. Thus, Follet's theory was a forerunner of today's teamwork concept and group cohesiveness. But probably the biggest advancement in HRM came from the works of Elton Mayo and his famous Hawthorne studies. The Hawthorne studies, so named because they were conducted at the Hawthorne Plant of Western Electric just outside of Chicago, ran for nearly a decade beginning in the late 1920s. They gave rise to what today is called the human relations movement. The researchers found that informal work groups had a significant effect on worker performance. Group standards and sentiments were more important determinants of a worker's output than the wage incentive plan. Results of the Hawthorne studies justified many of the paternalistic programs that human resource managers have instituted in their organizations. The advent of employee benefit offerings, safe and healthy working conditions, and the concern of every manager for human relations stem directly from the work of Mayo and his associates at Hawthorne.21 In today's organizations, we can see the influence of management practice affecting HRM in a variety of ways. Motivation techniques cited in management literature, as well as W. Edwards Deming's influence on continuous improvement programs to enhance productivity, have made their way into HRM activities. Writers such as Tom Peters and Peter Drucker emphasize giving employees a say in what affects their work, teams, and work process engineering. Implementing these will ultimately require the assistance of HRM professionals.
Structure of the HR Department Responsibility for the four HRM functions of staffing, training and development, motivation, and maintenance can be distributed many different ways in organizations. Company size, strategy, and structure will play a role in who handles the HRM functions. The proper fit can be very individual to the organization, so describing all of the possible structures would be difficult in this textbook. Realize, too, that more than half of all HR departments also offer administrative services to the organization. These might include operating the company's credit union, making child-care arrangements, providing security, or operating in-house medical or food services.22 Yet in spite of the different configurations, the typical nonunion HRM department usually includes four distinct areas: (1) employment, (2) training and development, (3) compensation/benefits, and (4) employee relations. Usually reporting to a vice president of human resources, managers in these four areas have specific responsibilities. Exhibit 2-5 is a simplified organizational representation of HRM areas, with some typical job titles and a sampling of what these job incumbents earn.23
Employment The main thrust of the employment function is to promote staffing activities. Working in conjunction with position control specialists (in compensation, in benefits, or in a
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Exhibit 2-5 Selected HR Salaries HR salaries vary widely depending on the position and size of the organization. Other factors such as region or the type of industry also affect salaries.
2008 Median Total Cash Compensation for Select HR Positions by Organization Staff Size Employment and Recruiting Representative
Employee Benefits Administrator
Human Resources Generalist
Compensation and Benefits Manager
Human Resources Manager
$56,000
$51,100
$60,800
$96,700
$91,600
5,000–19,999 employees
54,600
49,100
58,900
100,200
88,500
500–4,999 employees
55,400
51,000
58,300
97,900
88,000
Less than 500 employees
54,400
51,700
55,500
94,600
73,700
20,000 or more employees
Organization staff size with the highest median total cash compensation. Organization staff size with the lowest median total cash compensation. Source: Society for Human Resource Management, John Dooney and Evern Esen, "HR Salaries Weaken with the Economy," HR Magazine (November 2008).
comptroller's office), the employment department embarks on the process of recruiting new employees.24 This means correctly advertising the job to attract those with appropriate knowledge and abilities. Entry level positions in companies with large HR departments frequently involve representing the company at job fairs and college campuses. Other positions include employment specialists who sort through résumés or applications (whether manually or electronically), and reject applicants who do not meet the job's requirements. The remaining applications and résumés are then typically forwarded to the line managers for review. The line manager may then instruct the employment specialist to interview the selected candidates. In many cases, this initial interview is another step in the hiring process. Understanding what the line manager desires in an employee, the employment specialist begins to further filter down the list of prospective candidates. During this phase, candidates who appear to "fit" the line area's need typically are scheduled to meet with the line manager for another interview. The recruiting and selection processes will be covered in detail in Chapters 6 and 7. It is important to note that the employment specialist's role is not to make the hiring decision but to coordinate the effort with line management. Once the line manager has selected a candidate, the employment specialist usually makes the job offer and handles the routine paperwork associated with hiring an employee.
Training and Development The training and development section of an organization is often responsible for helping employees maximize their potential. Their focus is to enhance employees' personal qualities that lead to greater organizational productivity. More important, training and development members are often better known as the organization's internal change agents. These change agents, or organizational development specialists, help organization members cope with change in many forms. Some examples of challenges in the dynamic environment that could trigger strategic changes in an organization are: a change in government regulation; mergers; economic factors such as the price of oil or gas; or a change in strategy by a major competitor. A change in the organization's strategy or structure can result in layoffs, new job assignments, team involvement, or a change in culture that would require new orientations for organizational members.
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There may also be changes in procedures or policies where employees must be informed and taught to deal with such occurrences. For instance, a growing concern of companies has been to implement policies to address an ethical violation. Employees must understand what constitutes an ethics violation. Training and education often is the best form of prevention. Training and development may also include career development activities and employee counseling to help people make better choices about their careers and to achieve their desired goals.
Compensation and Benefits One employee benefit organizations have been providing is the on-site health club. Companies have found that giving employees a place to reduce their stress and enhance their overall well-being helps attract and retain employees. (Source: © Kevin Wolf/AP/World Wide Photos)
compensation and benefits HRM function concerned with paying employees and administering the benefits package.
employee relations function Activities in HRM concerned with effective communications among organizational members.
Work in compensation and benefits25 is often described as dealing with the most objective areas of a subjective field. As the name implies, compensation and benefits is concerned with paying employees and administering their benefits package. These tasks are by no means easy ones. First of all, job salaries are not paid on a whim; rather, dollar values assigned to positions often come from elaborate investigations and analyses. These investigations run the gamut of simple, logical job rankings (that is, the position of company president should pay more than the position of maintenance engineer) to extensive analyses. Once these analyses are finished, job ratings are statistically compared to determine the job's relative worth to the company. External factors such as market conditions and limited supply of potential workers may affect the overall range of job worth. Organizational strategy may also dictate that the compensation system reward an important organizational goal such as efficiency, creativity, or customer service focus.26 Further analysis ensures internal equity in the compensation system. This means that as job rates are set, they are determined on such dimensions as skill, job responsibility, effort, and accountability—not by personal characteristics that may be suspect under employment law. On the benefits side of the equation, much change has occurred over the past decade. As benefit offerings to employees have become significantly more costly, the benefits administrator (who may also have the title of risk manager) has the responsibility of piecing together a benefits package that meets employee needs and is costeffective to the organization. As such, much effort is expended searching for lower-cost products, like health or workers' compensation insurance, while concurrently maintaining or improving quality. Additionally, various new products are often reviewed, such as flexible benefits programs and utilization reviews, to help in benefit cost containment. But benefits should not be viewed solely from a cost-containment perspective. Benefits are of a strategic nature in that they help attract and retain high-quality employees.27 The benefits administrator also serves as the resource information officer to employees regarding their benefits. This information may be provided through a variety of methods, including a company's intranet. Activities include helping employees prepare for their retirement, looking for various payout options, keeping abreast of recent tax law changes, or helping executives with their perquisites.28 The benefits administrator has a great deal of responsibility, but is also highly visible in the organization.
Employee Relations The final phase in our scheme of HRM operations is the employee relations function. Employee relations (ER) has several major responsibilities. Before we go further, however, we must differentiate between employee relations and labor relations. The two are structurally similar, but labor relations involve dealing with labor unions. As such, because other laws apply, some employee relations techniques may not be applicable. For instance, in a unionized setting, a specific grievance procedure might be detailed in the labor-management contract, and might involve the union, management, and the
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employee filing the grievance. In a nonunion environment, a similar procedure might exist or the grievance might be handled one-on-one. These may be subtle differences, but labor relations require a different set of competencies and understanding. In the nonunion setting, we see employee relations specialists performing many tasks. As mentioned earlier, one of their key responsibilities is to ensure that open communications permeate the organization.29 This entails fostering an environment where employees talk directly to supervisors and settle any differences that may arise. If needed, employee relations representatives intervene to assist in achieving a fair and equitable solution. ER specialists are also intermediaries in helping employees understand the rules. Their primary goal is to ensure that policies and procedures are enforced properly, and to permit a wronged employee a forum to obtain relief. As part of this role, too, comes the disciplinary process. These representatives see that appropriate disciplinary sanctions are used consistently throughout the organization. What is the purpose of HRM communications? HRM communications programs are designed to keep employees informed of what is happening in the organization and knowledgeable of the policies and procedures affecting them. Whereas public relations departments keep the public informed of what an organization does, HRM communications focus on the internal constituents—the employees. Communication programs help increase employee loyalty and commitment by building into the corporate culture a systematic means of free-flowing, timely, and accurate information by which employees better perceive that the organization values them.30 Such a system builds trust and openness among organizational members that helps withstand even the sharing of "bad news." Building effective HRM communications programs involves a few fundamental elements. These include top management commitment, effective upward communication, determining what is to be communicated, allowing for feedback, and information sources. Let's look at each of these. Top Management Commitment Before any organization can develop and implement an internal organizational communications program, it must have the backing, support, and "blessing" of the CEO. Employees must see any activity designed to facilitate work environments as being endorsed by the company's top management. These programs then receive priority and are viewed as significant components of the corporate culture. Just as it is critical for employees to see top management supporting communications, so, too, they must see communications operating effectively at all levels. Effective communications does not just imply that top management sends information down throughout the company. It also implies that information flows upward as well and also laterally to other areas in the organization.31 Effective Upward Communication The upward flow of communication is particularly noteworthy because often the employees, the ones closest to the work, may have vital information that top management should know. For instance, let's take a situation that occurs in HRM. We've recognized the ever-changing nature of this field. Legislation at any level—federal, state, or local—may add new HRM requirements for the organization. Unless top management is made aware of the implications of these requirements, severe repercussions could occur. Thus, that information must filter up in the company. A similar point could easily be made for any part of an organization. And in keeping with the spirit of employee empowerment,32 as employees are more involved in making decisions that affect them, that information must be communicated up the ladder. Furthermore, it's important for top management to monitor the pulse of the organization regarding how employees view working for the company. Whether that information is obtained from walking around the premises, through formal employee suggestions, or through employee satisfaction/morale surveys, such information is crucial. In fact, on the latter point, advances in technology have allowed some employee satisfaction measures to be captured in almost real time at significantly reduced
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WORKPLACE ISSUES
HRM Certification Many colleges and universities are helping prepare HRM professionals by offering concentrations and majors in the discipline in addition to an accreditation process for HRM professionals. The Society for Human Resource Management (SHRM) offers opportunities for individuals to gain a competitive advantage in the field. This is accomplished by achieving a level of proficiency predetermined by the Human Resource Certification Institute (HRCI) as necessary for successful handling of human resource management affairs. The American Society of Training and Development (ASTD) also offers certification for those wanting to specialize in Training and
Development (see Learning an HRM Skill at the end of this chapter). HRCI offers four certification areas for HR professionals:35 PHR® SPHR® GPHR® PHR-CA/SPHR-CA®
Professional in Human Resources Senior Professional in Human Resources Global Professional in HumanResources PHR with state certification in California and SPHR with state certification in California
costs.33 At IBM, for instance, such surveys are online, making them easier for the employees to use, more expedient in their analysis, and more timely for company use. Determining What to Communicate At the extreme, if every piece of information that exists in our organizations were communicated, no work would ever get done; people would be spending their entire days on information overload. Employees, while wanting to be informed, generally are not concerned with every piece of information, such as who just retired, or was promoted, or what community group was given a donation yesterday. Rather, employees need pertinent information—addressing what employees should know to do their jobs. This typically includes where the business is going (strategic goals), current sales/service/production outcomes, new product or service lines, and human resource policy changes. One means of determining what to communicate is through a "what-if, so-what" test. When deciding the priority of the information to be shared, HR managers should ask themselves What if this information is not shared? (See Ethical Issues in HRM.) Will employees be able to do their jobs as well as if it were shared? Will they be disadvantaged in some way by not knowing? If employees will not be affected one way or the other, then that may not be a priority item. Next, the so-what test: Will employees care about the information? Or will they see it as an overload of meaningless information? If the latter is the case, then that, too, is not priority information. That's not to say this information may never be exchanged; it only means that it's not important for employees to get the information immediately. Allowing for Feedback HR managers cannot assume that their communication efforts are achieving their goals. Consequently, the HR department must develop both a means of assessing the flow of information and methods for fostering employee feedback. How that information is generated may differ from organization to organization. For some, it may be a casual word-of-mouth assessment. Others may use employee surveys to capture data, or provide a suggestion box for comments, or institute a formalized and systematic communications audit program. Irrespective of how that information is gathered, employees must be involved. Otherwise, not only will measurement of communications program effectiveness be difficult, but it may also give the perception that employee commitment is unnecessary. Information Sources HRM communications should serve as a conduit in promoting effective communications throughout the organization. Although HRM plays an important role in bringing this to fruition, they are neither the only nor the main source of information. For that, we turn to employees' immediate supervisors. If successful programs can be linked to the immediate supervisor, then HRM must ensure that these individuals are trained in how to communicate properly. Even a health
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insurance premium change, if implemented, would likely result in questions for a supervisor. Thus, HRM must make every effort to empower these supervisors with accurate data to deal with the "frontline" questions.34 In addition to the communications role, the employee relations department is responsible for additional assignments. Typically in such a department, recruiting, employment, and turnover statistics are collected, tabulated, and written up in the company's affirmative action plan documentation. This material is updated frequently and made available to employees on request. Another part of department responsibility is to ensure safe and healthy work sites. This may range from casual work inspections to operating nursing stations and coordinating employee-assistance programs. The responsibilities vary, but the premise is the same—to focus on those aspects that help make an employee committed and loyal to the organization through fair and equitable treatment, and responding to employee feedback. Last, there is the festive side of employee relations. This department is typically responsible for company outings, company athletic teams, and recreational and recognition programs. Whatever they do under this domain, the goal is to offer programs that benefit the workers and their families and make them feel part of a community.
Is a Career in HR for Me? Maybe you've considered a career in Human Resource Management. That's a good decision, considering that the Bureau of Labor Statistics estimates that the need for HR professionals will grow faster than most career areas through 2017.36 Positions include: ■ ■ ■ ■
Assistant: provides support to other HR professionals Generalist: provides service to an organization in all four of the HR functions Specialist: typically concerned with only one of the four functions Executive: reports directly to the organization's top management with responsibility for all HR functions and linking HR with organizational strategy
As in most business careers, HR professionals can expect to work their way up. An HR professional will frequently start as a generalist with many opportunities for employee contact including recruiting, hiring, training, evaluating, communication, administering benefits, disciplining, and yes, possibly even firing employees. HR professionals know that much employee contact can be awkward HRM is a function of every manager's job, and difficult, but proper training and skills can help.37 Some of the skills not just those who work in human that can pave your way to success in HR include strong interpersonal communication skills, drive and ambition, critical thinking skills, and a good resources. background of business knowledge outside of HR.38 Exhibit 2-6 illustrates key factors that HR professionals find important to career success. Exhibit 2-6
What Does It Take To Get To The Top?
Advancing in Your HR Career
Key factors HR professionals said were very important in moving into or advancing in their careers Interpersonal communication Drive/ambition Reputation in the organization Strategic/critical thinking skills HR work experience Leadership skills Business acumen HR generalist experience Human Resource Certification Institute certification
80% 61 56 53 51 51 30 30 30
Source: Kathy Gurchiek, "Survey: Key Skills Advance HR Career," HR Magazine, (April 2008).
Factors that influence HR career success include important personal characteristics such as communication skills and ambition as well as experience.
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ETHICAL ISSUES IN HRM B3_B
Purposely Distorting Information The idea of withholding information is an issue for all HRM managers. Read the following two scenarios and think about what ethical dilemmas those in HRM might face relating to the intentional distortion of information. Scenario 1 At the president's monthly executive staff meeting, you were informed of the past quarter's revenue figures. Moreover, you also were informed that the organization is going to more than double its quarterly expected numbers, and the value of your company's stock will likely surge. Your organization has a bonus plan that shares profits with employees. But this profit sharing is based solely on management's discretion and follows no systematic formula. If word gets out that profits are outstanding, employees might expect larger bonuses. The executive committee wants to share about half of the windfall with employees, reinvest most of the rest into capital equipment, and save some for less favorable times. Your staff and several employees from a cross-section of departments are meeting with you tomorrow to begin the process of making profit-sharing decisions for the year. What do you tell them?
Scenario 2 An employee asks you about a rumor she's heard that some HR activities may be outsourced to a company in Des Moines, Iowa. You know the rumor to be true, but you'd rather not let the information out just yet. You're fearful that it could hurt departmental morale and lead to premature resignations. What do you say to your employee? These two scenarios illustrate dilemmas that HRM managers may face relating to evading the truth, distorting facts, or lying to others. And here's something else that makes the situation even more problematic: it might not always be in a manager's best interest or that of his or her unit to provide full and complete information. Keeping communications fuzzy can cut down on questions, permit faster decision making, minimize objections, reduce opposition, make it easier to deny one's earlier statements, preserve the freedom to change one's mind, permit one to say "no" diplomatically, help avoid confrontation and anxiety, and provide other benefits that work to the advantage of the individual. Is it unethical to purposely distort communications to get a favorable outcome? What about "little white lies" that don't really hurt anybody? Are these ethical? What guidelines could you suggest for those in HRM who want guidance in deciding whether distorting information is ethical or unethical?
Does HRM Really Matter? Is an organization better off with a properly functioning HRM department? Of course, most of us would say yes, but today's business environment requires any business function to justify its existence by its contribution to the bottom line. Fortunately, much research, including the Watson Wyatt's Human Capital Index (HCI), emphatically states that a fully functioning HR department makes a significant financial contribution.39 The HCI continuing study of North American and European companies indicates that good-quality HRM services improved both the financial well-being of an organization and shareholder value. The companies studied by Watson Wyatt indicated that over a five-year period quality HRM "provided a 59 percent total return to shareholders . . . as compared to 11 percent return for companies with weaker HR practices."40 In other words, organizations that spend the money to have quality HR programs perform better than those who don't. Accordingly, there is no chicken-and-egg syndrome here. It's not that HR practices are improved when financially viable, but rather by investing in HR up front, improved financial return followed. Practices that go into superior HR services include rewarding productive work, creating a flexible, work-friendly environment, properly recruiting and retaining quality workers, and effective communications. Many of the practices sometimes viewed as the latest HRM "fad," such as 360-degree appraisals, were not inherently problematic. Rather, they were implemented without a clear reason for implementation and without a link to the organization's strategic mission. As such, they lost their true potential benefits. What does the HCI study tell us about HRM? Simply put, offer quality services to employees—but only after you confirm a direct linkage of those services to the overall strategy of the organization!
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HR Trends and Opportunities
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HR Trends and Opportunities Although we have presented four generic areas of HRM, we must recognize the changing nature of HRM in today's organizations. As organizations change structures and strategy in response to changes in the dynamic environment, HR is a partner in developing structures that fit strategy. This often means that the structure of the HR department must also change. Let's take a look at some of the ways HRM has responded.
Outsourcing HRM is not immune to the trend of outsourcing noncore business operations with the goal of saving money. In some organizations, top management has made a decision to outsource some, if not all, of the work HRM professionals once handled.41 Human resource outsourcing (HRO) organizations have seen dramatic growth with contracts increasing from $4.3 billion in 2006 to $7.4 billion in 2009.42 Some predictions expect that figure to double by 2014.43 A recent survey found that 53 percent of all companies outsource some portion of their HR functions.44 Outsourcing may be as simple as hiring a contractor to take responsibility for one HR function such as benefit and pension administration. It's also possible to contract with: a private staffing agency to perform the recruiting and selection activities, several consulting firms to provide training programs, and yet another financial organization to handle the majority of a company's benefits administration. American Airlines recently outsourced nearly all HR functions including recruitment, staffing, training, and development to IBM in partnership with Mercer, a company that will handle administration of all benefits. American Airlines is hoping to receive improved employee access to and information about benefits and substantial cost savings from this $217 million, seven-year contract.45 Other large companies that provide HR services include Accenture and ADP. It is our contention that when much of HRM is outsourced, managers and employees still need to understand the basic HRM issues and activities. So, whether the activities we describe in this book fall to you or to another company employee, or to someone external to your organization, you need some familiarity with these fundamental HRM practices.
Professional Employer Organization (PEO) A professional employer organization is a company that assumes all HR functions of a client company by hiring all of its employees and leasing them back to the company. This is also called employee leasing. The PEO gains economies of scale by negotiating for benefits for the employees of several organizations. This can be a very cost efficient way for a small- to medium-sized organization to provide benefits equal to those of larger organizations. The company pays the PEO a percentage of the gross wages. PEOs will account for most of the increase in money spent for HRM outsourcing.46 Much of the attractiveness of using a PEO to a small- or medium-size business comes from the ability to attract stronger candidates with the benefits they could not have afforded without the bargaining power of the PEO. Another advantage is having the expertise of the PEO to handle confusing government regulation requirements.
outsourcing Contracting with a company to handle one or more HR functions.
professional employer organization Assumes all HR functions of a client company by hiring all of its employees and leasing them back to the company.
Shared Services Outsourcing isn't the best option for every company. Another way to make HR functions more cost-efficient and responsive to the organizational strategy is to create shared services centers. The shared services centers are useful to organizations that may have several divisions or locations that could consolidate some HR functions such as payroll into one central location while retaining other functions such as training in
shared services Sharing HRM activities among geographically dispersed divisions.
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HR generalist Position responsible for all or a large number of HR functions in an organization.
the divisional business unit.47 If business units or divisions are separated geographically,48 an HRM professional called a generalist may be assigned to these units to handle all the HRM operations in the business unit or outlying location. Large organizations that are geographically dispersed are finding it more costeffective to share their HRM services among the divisions.49 For example, in the chapter opener, Home Depot found efficiencies and cost savings by taking HR positions out of individual stores and creating district teams that service up to ten stores. At Ford, shared HRM services enabled the company to cut its workforce from 14,000 to approximately 3,000 employees, supporting more than 300,000 Ford employees worldwide. And at General Electric, shared services enabled the company to reduce its HR staff by 75 percent and provide more cost-effective, high-quality HR services.50 This creates the need for HRM specialists in the shared services centers. Each location is staffed by a few generalists who handle routine local matters such as recruiting, policy implementation, grievances, and employee training. Specialized services such as organization development and compensation and benefits are handled by a centralized staff. Each location, then, shares these services offered by the centralized unit and uses only what is necessary for the division. As such, each location receives as-needed specialized care without the cost of full-time staff.
HRM in an Entrepreneurial Enterprise The discussion about the four departments of HRM refers to situations with resources sufficient for functional expertise to exist. However, such is not always the case. Take, for instance, the entrepreneurial enterprise and the small business operation. In these organizations, the owner-manager often is responsible for and may perform these activities. In other situations, small-business human resource departments are staffed with one HR professional and possibly a full-time secretary. Accordingly, such individuals are forced, by design, to be HRM generalists. Irrespective of the unit's size, the same activities are required in small businesses, but on a smaller scale. These small-business HRM managers must properly perform the four HRM functions and achieve the same goals that a larger department achieves. The main difference is that they are doing the work themselves without the benefit of a specialized staff. There may be a tendency to use outside consultants to assist in or perform all HRM activities. For instance, in a small company, some benefits such as health insurance may be prohibitively expensive and benefit administration may be beyond the capability of the small business person. In that case, a PEO may be able to provide more cost effective insurance benefits and benefit administration. HRM in a small business requires that individuals keep current in the field and associated legal issues. For example, the Family and Medical Leave Act of 1993 is applicable to those organizations that have fifty or more employees. Accordingly, the small business may be exempt from some laws affecting employment practices. Being aware of this information can save the small business time and money.
HRM in a Global Environment As a business grows from regional to national to international in size, the HRM function must take on a new and broader perspective.51 As a national company expands overseas, first with a sales operation, then to production facilities and fully expanded operations or to international joint ventures or possibly a merger, the human resource function must adapt to a changing and far more complex environment.52 All basic functions of domestic HRM become more complex when the organization's employees are located around the world, and additional HRM activities often are
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necessary that would be considered invasions of employee privacy in domestic operations. This is necessary partially because of the increased vulnerability and risk of terrorism that American executives sometimes experience abroad. When a corporation sends its American employees overseas, that corporation takes on responsibilities that add to the basic HRM functions. For example, the staffing and training and development functions take on greater emphasis.53 Not only are organizations concerned about selecting the best employee for the job, they must also be aware of the entire family's needs. Why? Many individuals who take international assignments fail because their spouse or family can't adjust to the new environment. Furthermore, the relocation and orientation process before departure may take months of foreign language training and should involve not just the employee but the employee's entire family. Details must be provided for such as work visas, travel, safety, household moving arrangements, taxes, and family issues such as the children's schooling, medical care, and housing.54 Administrative services for expatriate employees also must be available once they are placed in their overseas posts. All these additional functions make international HRM a very costly undertaking.
HR and Corporate Ethics We'll close this chapter by revisiting the topic of ethics. This time we're not defining ethics but rather discussing HRM's role in ensuring that ethics exist in an organization. One of the primary changes related to corporate management scandals in the early years of the new millennium was legislation signed into law in July 2002 by President George W. Bush.55 That legislation, called the Sarbanes-Oxley Act (SOX), establishes procedures for public companies regarding how they handle and report their financial picture. The legislation also established penalties for noncompliance. For example, SOX requires the following:56 ■ ■ ■ ■
Top management (the CEO and CFO [chief financial officer]) must personally certify the organization's financial reports. The organization must have in place procedures and guidelines for audit committees. CEOs and CFOs must reimburse the organization for bonuses and stock options when required by restatement of corporate profits. Personal loans or lines of credit for executives are now prohibited.
The noncompliance penalty of SOX is catching executives' attention. Failure to comply with the stipulated requirements—such as falsely stating corporate financials— can result in the executive being fined up to $1 million and imprisoned for up to ten years.57 Moreover, if the executive's action is determined to be willful, both the fine and the jail time can be doubled. What does any of this have to do with HRM? Although Sarbanes-Oxley does not specifically identify HRM activities in the law, it does address items generally under HRM responsibility. For example, the act provides protection for employees who report executive wrongdoing (whistle blowing). HRM must create that environment where employees can come forward with their allegations without fear of reprisal from the employer. This critical employee relations aspect is not limited solely to whistle blowing under SOX, but the act does require that companies have mechanisms in place where the complaint can be received and investigated. As a result, many companies are creating "organizational ombuds," HR professionals who will offer confidential help for employees and "handle potentially unethical or illegal behavior" in the organization.58 In some organizations, this job is called the corporate ethicist. HRM also has other responsibilities. As keepers of corporate policies and employee documents, HRM must make sure that employees know about corporate ethics policies and train employees and supervisors on how to act ethically in organizations. Given the
Running a multinational corporation takes a lot of energy and planning. Companies such as Costco need to ensure that their HRM practices are proper in whatever part of the world they operate. Here, Costco in Mexico needs to ensure that its policies and practices comply with the laws, social mores, and cultural aspects of the Mexican people. (Source: Larah Martone/Bloomberg News/Landov)
Sarbanes-Oxley Act Establishes procedures for public companies regarding how they handle and report their finances.
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added responsibility that Sarbanes-Oxley places on CEOs and CFOs, HR must, when involved in hiring for either of these positions, provide the needed leadership to ensure that the individual hired understands the compliance issues. The bottom line is that corporate greed and unethical behavior must be stopped. Employees and other stakeholders demand it. Although regulations signed into law attempt to legislate "proper" behavior, legislation alone cannot work. HRM must work with senior executives to establish the moral fabric of the organization, ensuring that it becomes part of the standard operating procedures of the enterprise.59
Summary (This summary relates to the Learning Outcomes identified on page 28.) After having read this chapter you can 1. Explain what is meant by the term human resource management. HRM is comprised of the staffing, development, motivation, and maintenance functions. Each of these functions, however, is affected by external influences. 2. Describe the importance of human resource management. HRM is responsible for the people dimension of the organization. It is responsible for hiring competent people, training them, helping them perform at high levels, and providing mechanisms to ensure that these employees maintain their productive affiliation with the organization. 3. Identify the primary external environmental influences affecting human resource management. External environmental influences are factors that affect HRM functions. They include the dynamic environment of HRM, government legislation, labor unions, and management thought. 4. Characterize how management practices affect human resource management. Management practices affect HRM in various ways. As new ideas or practices develop in the field, they typically have HRM implications. Accordingly, once these practices are implemented, they require support from HRM to operate successfully. 5. Discuss the effect of labor unions on human resource management. Labor unions affect HRM practices in a variety of ways. If a union exists, HRM takes on a different focus—one of labor relations as opposed to employee relations. Additionally, what occurs in the unionized sector frequently affects the activities in nonunion organizations. 6. Outline the components and goals of the staffing, training, and development functions. The components of the staffing function include strategic human resource planning, recruiting, and selection. The goal of the staffing function is to locate and secure competent employees. The training and development function includes orientation, employee training, employee development, organization development, and career development. The goal of the development function is to adapt competent workers to the organization and help them obtain up-to-date skills, knowledge, and abilities for their job responsibilities. 7. List the components and goals of the motivation and maintenance functions of human resource management. The components of the motivation function include motivation theories, appropriate job design, reward and incentive systems, compensation, and benefits. The goal of the motivation function is to provide competent, adapted employees who have up-to-date skills, knowledge, and abilities with an environment that encourages them to exert high energy levels. The components of the maintenance function include safety and health issues and employee communications. The goal of the maintenance function is to help competent, adapted employees with up-to-date skills, knowledge, and abilities and exerting high energy levels maintain their commitment and loyalty to the organization.
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Key Terms
8. Outline the major activities in the employment, training and development, compensation and benefits, and employee relations departments of human resource management. The departments of employment, training and development, compensation and benefits, and employee relations support the components of the staffing, training and development, motivation, and maintenance functions, respectively. 9. Explain how human resource management practices differ in small businesses and in an international setting. In large HRM operations, individuals perform functions according to their specialization. Small-business HRM practitioners may instead be the only individuals in the operation and thus must operate as HRM generalists. In an international setting, HRM functions become more complex and typically require additional activities associated with staffing and training and development.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. 2. 3. 4. 5. 6. 7. 8.
Contrast management, personnel, and HRM. Explain the purpose of HRM in an organization. What activities are involved in the staffing function of HRM? Explain the goals of the training and development function of HRM. Describe the primary goals of the motivation function of HRM. In what ways can HRM meet its goals of the maintenance function? What role does HRM play in the strategic direction of an organization? How does HRM affect all managers?
Key Terms communications programs compensation and benefits controlling employee relations function Hawthorne studies
HR generalist labor union leading maintenance function management management thought motivation function
organizing outsourcing planning professional employer organization Sarbanes-Oxley Act scientific management
shared services staffing function strategic human resource management training and development function
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HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. "Motivation is the primary responsibility of line managers. HRM's role in motivating organizational employees is limited to providing programs that equip line managers with means of motivating their employees." Do you agree or disagree with the statement? Explain your position. 2. You have been offered two positions in HRM. One is a generalist position in a smaller business, and one is a recruiting position in a large corporation. Which of the two jobs do you believe will give you more involvement in a variety of HRM activities? Defend your answer.
3. "Globalization had led us to the realization that workers are interchangeable between countries so long as language issues are resolved." Do you agree or disagree with this statement? Explain your position. 4. "Employers only need to provide employees with enough information so they can effectively and efficiently get their jobs done. Beyond that, employees don't have a need to know." Do you agree or disagree with the statement? Defend your answer.
Developing Diagnostic and Analytical Skills Case Application 2: NINE-TO-FIVE NO MORE Talk with nearly any HR manager in a company of considerable size, and they will tell you one thing. To make HR function smoothly, employees need to know what the policies are and how they are to be followed. For without such policies there can only be chaos; out of that chaos can come serious organizational problems. Well, somebody apparently forgot to tell Greg Strakosch, CEO of TechTarget, a Needham, Massachusetts–based interactive media company, that policies need to be written and strictly followed.60 Strakosch leads an organization of more than 400 employees in the high-tech media field. These employees are located in three primary locations—Needham, San Francisco, and New York. What makes TechTarget so unique is that employees are permitted to come and go as they please. TechTarget's management has implemented no attendance policies, nor offers employees sick leave benefits. Rather, as a general rule, the company believes in hiring the best employees in the market, and then giving them the freedom and autonomy to do their jobs. Simply stated, this means leaving them alone. Thus, if someone works better from 4 P.M. until midnight, so be it. But they must remain available to others should they need to be contacted—availability by e-mail, cell phone, and the like. Yet if they need time off during the day to attend a child's school event or some other personal issue, they take it. No questions asked—ever. But don't assume that this "freedom" is risk-free. It carries with it significant responsibilities. Employees at TechTarget are given
Working with a Team
quarterly goals that they must meet. While it's true how and when employees complete this work is up to them, failure to meet targets is not acceptable. Should that happen, the employee is terminated. Does TechTarget's "autonomy" work? For the most part, the answer is yes. While employees have the freedom to work when they want to, employees in the company report they often spend more than fifty hours per week on job-related activities. But they do so in a way that's convenient to them—which is translating into success for the business. TechTarget was named one of the "Best Places to Work" by the Boston Business Journal in 2008. And during its ten years of operation, company revenues have steadily risen, even through the period from 2000–2003 when most tech companies fared quite poorly. Revenues in 2008 were up over 20 percent from the previous year. TechTarget has also started an international division. Maybe there's something to be said about giving employees their freedom! Questions: 1. What is your reaction to this "no attendance" plan implemented at TechTarget? Do you believe it's too simplistic? Defend your position. 2. Do you believe that such an employee policy as described in the case can succeed in other companies? Why or why not? 3. What special HRM conditions must exist for such a plan to work? Explain. How do you believe these conditions relate to employee motivation?
MAKING A LAYOFF DECISION
Every manager, at some point in his or her career, is likely to face the difficult task of managing the laying off of employees. Assume that you are the human resource director of a 720-member technology company. You have been notified by top management that you must permanently reduce your staff by two individuals. Below are some data about your five employees.
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Shawana Johnson African American female, age 36. Shawana has been employed with your company for five years, all in HRM. Her evaluations over the past three years have been outstanding, above average, and outstanding. Shawana has an MBA from a top-25 business school. She has been on shortterm disability the past few weeks because of the birth of her
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second child and is expected to return to work in twenty weeks. Greg Oates White male, age 49. Greg has been with you for four months and has 11 years of experience in the company in systems management. He has a degree in computer science and master's degrees in accounting information systems. He's also a CPA. Greg's evaluations over the past three years in the systems department have been average, but he did save the company $150,000 on a suggestion he made to use electronic time sheets. Carlos Rodriquez Hispanic male, age 31. Carlos has been with the company almost four years. His evaluations over the past three years in your department have been outstanding. He is committed to getting the job done and devotes whatever it takes. He has also shown initiative by taking job assignments that no one else wanted. Carlos has been instrumental in starting up your benefits administration intranet for employees. Cathy Williams White female, age 35. Cathy has been with your company seven years. Four years ago, Cathy was in an automobile accident while traveling on business to a customer's location. As a result of the accident, she was disabled and is wheelchairbound. Rumor has it that she is about to receive several million dollars from the insurance company of the driver who hit her.
Learning an HRM Skill
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Her performance the past two years has been above average. She has a bachelor's degree in human resource management and a master's degree in human development. Cathy specializes in training, career, and organization development activities. Rodney Smith African American male, age 43. Rodney just completed his joint MBA and law program and recently passed the bar exam. He has been with your department four years. His evaluations have been good to above average. Five years ago, Rodney won a lawsuit against your company for discriminating against him in a promotion to a supervisory position. Rumor has it that now, with his new degree, Rodney is actively pursuing another job outside the company.
Given these five brief descriptions, make a recommendation to your boss in which two employees will be laid off. Discuss any other options you might suggest to meet the requirement of downsizing by two employees without resorting to layoffs. Discuss what you will do to (1) assist the two individuals who have been let go and (2) assist the remaining three employees. Then, in a group of three to five students, seek consensus on the questions posed above. Be prepared to defend your actions.
HR CERTIFICATION
What skills and competencies lead to successful HRM performance? Although it is extremely difficult to pinpoint exactly what competencies will serve you best when dealing with the uncertainties of human behavior, we can turn to the certifying body in HRM for answers. Specifically, the Human Resources Certification Institute (HRCI) suggests that certified HR practitioners must have exposure to and an understanding in six specific areas of the field.61 These include strategic management, workforce planning and employment, human resource development, compensation and benefits, employee and labor relations, and occupational health, safety, and security. Let's briefly look at each of the testing areas for the Professional in Human Resources (PHR) and Senior Professional in Human Resources (SPHR) certifications, and relate these specifically to the part of this book where they are addressed. Strategic Management As a subset of management, HRM practitioners must understand legal and regulatory processes, organizational strategy, the strategic planning process, environmental analyses, aligning HR policies and practices with organizational strategy as well as how HRM contributes to the overall success of the organization. Specific references in this text: Chapters 1, 2, 3, 4, and 5. Workplace Planning and Employment HRM practitioners require an understanding of why and how jobs are filled and the various methods of recruiting candidates. Emphasis in this area is on understanding various staffing means and making good decisions about job candidates that use valid and reliable measures and are within the legal parameters. Interviewing technique is also a major component of this knowledge area. This section also covers voluntary and involuntary dismissal of employees. Specific references in this text: Chapters 3, 4, 6, and 7. Human Resource Development To be successful in an organization, employees must be trained and developed in the latest technologies and skills relevant to their current and future
jobs. This means an understanding of adult learning methodologies, relating training efforts to organizational goals, and evaluating the effort via performance appraisals. Specific references in this text: Chapters 8, 9 and 10. Total Rewards One of the chief reasons people work is to fulfill needs. One major need—compensation and benefits—is probably the most expensive with respect to the employment relationship. The HRM practitioner must understand the intricacies involved in establishing a cost-effective compensation and benefits package that supports the organization's strategic goals. Specific references in this text: Chapters 11 and 12. Employee and Labor Relations Working with employees requires an understanding of what makes employees function. A positive culture needs to be developed and maintained that supports the company strategy. Employees need to be kept informed and have a way to raise suggestions or complaints. When the case involves unionized workers, the HRM/labor relations practitioner must understand the various laws that affect the labormanagement work relationship. Specific references in this text: Chapters 1, 2 and 14. Risk Management Occupational health, safety, and security support employees' needs to feel safe in the workplace. This means freedom from physical and emotional harm, including workplace violence. Mechanisms must be in place to provide a safe work environment for employees. Programs must permit employees to seek assistance for those things affecting their work and personal lives. Specific references in this text: Chapters 1 and 13. If you intend to specialize in HRM and may be interested in taking the certification examination, we invite you to visit the Society of Human Resource Management's Web site at www.shrm.org, and the Web site for the Human Resource Certification Institute at www.hrci.org, or the American Society of Training and Development at www.astd.org. You can access information about certification, exams, sign up for a testing date, or even take the exam online.
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Enhancing Your Communication Skills 1. Visit an HRM department, either on or off campus. During your meeting, ask an HRM representative what he or she does on the job. Focus specifically on the person's job title and key job responsibilities and why he or she is in HRM. After your appointment, provide a three- to five-page summary of the interview, highlighting how the information will help you better understand HRM practices. 2. Discuss how you believe the Hawthorne studies have influenced HRM. Find three examples of HRM applications that can be linked to these studies. What benefits have these applications provided to the organization?
3. Go to the Society of Human Resource Management's Web site at www.shrm.org. Research the services they provide to their membership and the different options for student membership. Find a contact for the SHRM chapter closest to you and ask if you can attend a meeting as a guest. Report your findings back to the class. 4. Go to the Web site for the Human Resource Certification Institute at www.hrci.org or ASTD's Web site at www.astd.org. Research the types of certifications they offer and the process one must follow to prepare for the human resource certification exams. What are the benefits to those who achieve certification?
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Chapter 3 Equal Employment Opportunity Learning Outcomes After reading this chapter, you will be able to
1 2 3 4 5 6 7 8 9 10 11
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Identify the groups protected under the Civil Rights Act of 1964, Title VII. Discuss the importance of the Equal Employment Opportunities Act of 1972. Describe affirmative action plans. Define the terms adverse impact, adverse treatment, and protected group members. Identify the important components of the Americans with Disabilities Act of 1990. Explain the coverage of the Family and Medical Leave Act of 1993. Discuss how a business can protect itself from discrimination charges. Specify the HRM importance of Griggs v. Duke Power. Define what constitutes sexual harassment in today's organizations. Discuss the term glass ceiling. Identify legal issues faced when managing HR in a global environment.
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our small business supported employees who joined the National Guard. You participated in the community send-off when they were deployed. You displayed yellow ribbons while they were gone, helped their families when they were wounded, and celebrated when they came home. What are your obligations now that they've returned? Do you have to hire them back when they return? About 17 percent of returning veterans have some service-related disability, 20 percent of those are quite serious.1 What if they can't do their old jobs? You're just a small business with limited resources. Is help available for them? Is help available for you? Large companies may have experts that handle questions regarding veterans in the workplace, but often the small employer is left wondering what to do. Everyone wants to treat returning veterans fairly and should know the state and federal regulations regarding their employment. Anyone who has been absent from work because of service in the military is protected by the Uniformed Services Employment and Reemployment Rights Act (USERRA) and by the Veterans Benefits Improvement Act (VBIA). Veterans deployed less than 180 days must notify employers within two weeks of their return from the service that they intend to resume work. Those deployed over 181 days must notify employers within 90 days. In most situations, employers must re-employ the veteran within an additional two weeks.2 The Americans with Disabilities Act (ADA) provides additional protection for those veterans whose injuries
Y
require some type of accommodation in the workplace. The employer may be required to make reasonable accommodations, just as they would for any other qualified person with a disability. This may require modifying offices and restrooms, or acquiring adaptive equipment such as lifts or voice recognition software. Veterans with post-traumatic stress disorder may need to modify work schedules and take time for visits with health care professionals. Help is available for both the employer and veteran when a disability requires adjustment in the workplace. The U.S. Department of Veterans Affairs provides employer assistance including paying part of the cost of retraining a disabled veteran, tax credits for hiring veterans, and deductions for the cost of making the workplace accessible.3
Many employers find that veterans have learned valuable skills in the military that are helpful to civilian employers too. Take the case of Michael Polius, a veteran of the Marine Corps who was responsible for the health and safety of twenty-six Marines in Iraq. Michael was severely wounded when his truck passed over an improvised explosive device (IED). After recovering from twenty-seven surgeries and the loss of a leg, he was looking forward to reentering the workforce. Michael found a position as a safety engineer with Halmar International, a general contractor that felt the job was a perfect fit with Michael's military experience. "It makes me feel good inside to get up every morning, take care of myself and my fiancée, pay my bills and not sit around asking myself, 'why me?'" says Polius.4
(Source: Jeff Hatchins/Getty Images, Inc.)
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Introduction If you were to do a little research on the companies that have been sued for discrimination in the last couple of years, you would find a surprisingly long list that includes: WalMart, Costco, Target, Walgreens, UPS, FedEx, Marriott, Disney, Abercrombie & Fitch, Microsoft, Apple, Google, Best Buy, Home Depot, and even the Equal Employment Opportunity Commission (EEOC). These organizations all claim to value diversity in race, gender, national origin, disability, religion, and sexual orientation, so what went wrong? In the last chapter, we briefly introduced the concept of government legislation as it affects employment practices. In this chapter, we will explore this critical influence to provide an understanding of how this legislation affects employees in the workplace and what HR professionals need to know. Almost every U.S. organization, both public and private, must abide by the guidelines established in the 1964 Civil Rights Act, its subsequent amendment (1972), and other federal laws governing employment practices, including the Uniformed Services Employment and Reemployment Rights Act (USERRA) mentioned in our opening case. The importance of such legislation cannot be overstated, as these laws permeate all organizational HRM functions. Keep in mind that although our discussion will be limited to federal employment legislation, state or municipal laws may go beyond what the federal government requires. For example, although the Civil Rights Act does not include sexual orientation as one of the protected classes, nearly half the states, plus over 180 cities and counties protect employees from workplace discrimination based on sexual orientation.5 Approximately sixteen countries around the globe also have laws that protect gays, lesbians, and bisexuals from employment discrimination.6 It's also important to note that many companies have voluntarily implemented policies to protect employees on the basis of sexual orientation. These include 94 percent of Fortune 500 companies, including most of the companies listed above.
Laws Affecting Discriminatory Practices The beginning of equal employment opportunity is usually attributed to passage of the 1964 Civil Rights Act. Even though the activities we will explore in this chapter are rooted in this 1964 act, equal employment's beginning actually goes back more Civil Rights Act of 1866 than a hundred years. For instance, Section 1981 of Title 42 of the U.S. Code, Federal law that prohibited discrimireferred to as the Civil Rights Act of 1866, coupled with the Fourteenth Amendnation based on race. ment to the Constitution (1868), prohibited discrimination on the basis of race, sex, and national origin. Although these earlier actions have been overshadowed by the 1964 act, they've gained prominence in years past as being the laws that white male workers could use to support claims of reverse discrimination. In such cases, white males used the Civil Rights Act of 1866 and the Fourteenth Amendment to support their argument that minorities received special treatment in employment decisions that placed white males at a disadvantage. Under the Civil Rights Act of 1866, employees could sue for racial discrimination.7 As a result of this act, individuals could also seek punitive and compensatory damages under Section 1981, in addition to the awarding of back pay.8 However, in 1989, a Supreme Court ruling limited Section 1981 use in discrimination suits in that the law does not cover racial discrimination after a person has been hired.9 We'll look more at reverse discrimination in our discussion of relevant Supreme Court decisions. No single piece of legislation has had a greater Although earlier attempts were rudimentary in promoting fair employeffect on reducing employment discriminament practices among workers, not until the 1960s was earnest emphasis tion than the Civil Rights Act of 1964. placed on achieving such a goal. Let's turn our attention, then, to the landmark piece of employment legislation, the Civil Rights Act of 1964.
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The Importance of the Civil Rights Act of 1964 No single piece of legislation in the 1960s had a greater effect on reducing employment discrimination than the Civil Rights Act of 1964. It was divided into parts called titles—each title dealing with a particular facet of discrimination. On college campuses, you may have heard about Title IX issues, usually in the context of what a university spends on both men's and women's sports programs. For HRM purposes, however, Title VII is especially relevant. Title VII prohibits discrimination in hiring, promotion, dismissal, benefits, compensation, or any other terms, conditions, or privileges of employment based on race, religion, color, gender, or national origin. Title VII also prohibits retaliation against an individual who files a charge of discrimination, participates in an investigation, or opposes any unlawful practice. Most organizations, both public and private, are bound by the law. The law, however, specifies compliance based on the number of employees in the organization. Any organization with fifteen or more employees is covered. This minimum number of employees serves as a means of protecting, or removing from the law, small, family-owned businesses.10 The practice of purposefully discriminating against certain groups significantly decreased after the passing of the Civil Rights Act, but employment practices such as testing applicants before hiring them appeared to create the same effect. In an attempt to clarify this procedure, several cases were argued before the Supreme Court. The outcomes of these cases indicated that any action that had the effect of keeping certain groups of people out of particular jobs was illegal, unless the company could show why the practice was required. The implication of these decisions, for example, was that a company could not hire a maintenance employee using an aptitude test and a high-school diploma requirement unless those criteria could be shown to be directly relevant to the job. In one of these cases, Griggs v. Duke Power Company (1971), the company was unable to show job relatedness. Griggs, an applicant for a maintenance job, demonstrated that the power company's tests and degree requirements were unrelated to performance of the job in question. The decision in the Griggs case, though, did not mean that specific selection criteria couldn't be used. For instance, in the case of Washington v. Davis (1967),11 the Supreme Court upheld the use of aptitude tests. In this case, Davis applied for a position as a metropolitan Washington, D.C., police officer. The police force required all applicants to pass a comprehensive aptitude test. The Supreme Court held that the test measured necessary competencies required to be successful as a police officer. Even though we began to better understand what Congress meant in the writing of Title VII, some way to enforce the new law was necessary. By 1972, after realizing that the Civil Rights Act left much to interpretation, Congress passed an amendment to the act called the Equal Employment Opportunity Act (EEOA). This act provided a series of amendments to Title VII.12 Probably the greatest consequence of the EEOA was the granting of enforcement powers to the Equal Employment Opportunity Commission (EEOC). The EEOC could effectively prohibit all forms of employment discrimination based on race, religion, color, sex, or national origin. The EEOC could file civil suits against organizations if unable to secure an acceptable resolution of discrimination charges within 120 days. (Individuals may also file suit themselves if the EEOC declines to sue.) In addition, the EEOC also expanded Title VII coverage to include employees of state and local governments, employees of educational institutions, and employees of labor organizations—as we mentioned earlier, those with fifteen or more employees or members. Title VII, as it exists today, stipulates that organizations must do more than just discontinue discriminatory practices, they must actively recruit and give preference to minority group members in employment decisions. This action is commonly referred to as affirmative action. Affirmative Action Plans Affirmative action programs are instituted by an organization to correct past injustices in an employment process. Executive Order 11246 was established with the premise that as a matter of public policy and decency, minorities
Civil Rights Act of 1964 Outlawed racial segregation and discrimination in employment, public facilities, and education. Title VII The most prominent piece of legislation regarding HRM, it states the illegality of discriminating against individuals based on race, religion, color, sex, or national origin.
Griggs v. Duke Power Company Landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job.
Equal Employment Opportunity Act (EEOA) Granted enforcement powers to the Equal Employment Opportunity Commission. Equal Employment Opportunity Commission (EEOC) The arm of the federal government empowered to handle discrimination in employment cases.
affirmative action A practice in organizations that goes beyond discontinuance of discriminatory practices to include actively seeking, hiring, and promoting minority group members and women.
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Does this employee need a high school diploma to do his job? According to the Griggs v. Duke Power case, if the organization cannot show how having a high school diploma relates directly to successful performance on the job, then a high school diploma cannot be required. To do so could be discriminatory. (Source: Karl Goodnough/Bloomberg News/Landov)
adverse (disparate) impact A consequence of an employment practice that results in a greater rejection rate for a minority group than for the majority group in the occupation.
should be hired to correct past prejudice that kept them out. It was understood that many discriminatory practices were so well established that "Legal and social coercion [were] necessary to bring about the change."13 What do these reasons imply about affirmative action programs? Affirmative action means that an organization must take certain steps to show that it is not discriminating. For example, the organization must analyze the demographics of its current workforce. Similarly, the organization must analyze the composition of the community from which it recruits. If the workforce resembles the community for all job classifications, then the organization may be demonstrating that its affirmative action program is working. If, however, there are differences, affirmative action also implies that the organization will establish goals and timetables for correcting the imbalance and have specific plans for recruiting and retaining protected group members. If it does not, it can lose the right to contract with the government for goods and services. Coordinating an EEO program creates certain issues. First of all, the company must know what the job requires in terms of skills, knowledge, and abilities. Candidates are then evaluated on how well they meet the essential elements of the job. Candidates who meet these criteria are deemed qualified, meaning that they should be successful performers of the job. EEO laws do not require organizations to hire unqualified workers. They must actively search for qualified minorities by recruiting from places like predominantly African American or women's colleges but need not necessarily hire these individuals under this process. However, as a result of affirmative action programs, an organization should be able to show significant improvements in hiring and promoting women and minorities or justify why external factors prohibited them from achieving their affirmative action goals. Affirmative action programs have always been met with criticism and lawsuits.15 Much of the criticism has focused on the realization that affirmative action bases employment decisions on group membership rather than individual performance. Giving certain groups of individuals (by race, sex, age) preference tugs at the heart of fair employment. As the argument goes, if it was wrong fifty years ago to give white males preference for employment, why is it right today to give other individuals preference simply because they possess certain traits? Despite some movement in a few states to eliminate affirmative action plans, and debate in the U.S. Congress, affirmative action plans still exist. And it appears that they will be around for some time.16 So far, our discussion has addressed the practices designed to ensure equal employment opportunity for all individuals. But how do we know if equal employment programs are not operating properly? The answer to that question may lie in the concept of adverse (disparate) impact. Adverse Impact Adverse impact can be described as any employment consequence that discriminates against employees who are members of a protected group. Protected status categories include race, color, religion, national origin, citizenship status, gender, age (40 and above), pregnancy-related medical conditions, disability, and military status.
DID YOU KNOW?
Suggestions for Recruiting Minorities and Women: ■
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Ask employees who are in an underrepresented group to help recruit. Participate in job fairs at colleges, universities, places of worship, social clubs, and communitybased organizations where minorities are likely to be in attendance.
■
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Advertise in community bulletins for clubs, sororities, fraternities, and places of worship where minorities are in a majority. Place job ads on television, radio, and Web sites and in newspapers and magazines that target a particular demographic.14
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For an example of an adverse impact, we can look at the height and weight requirements police departments around the country had many years ago. The height requirement was frequently 5⬘10⬙ or greater. As such, many women and certain nationalities were unable to become police officers. Since women and some minority groups tend to be shorter, this height requirement significantly reduced job opportunities for them. The concept of adverse impact, then, results from a seemingly neutral, even unintentional consequence of an employment practice.17 Another issue differs from adverse impact but follows a similar logic. This is called adverse (disparate) treatment. Adverse treatment occurs when a member of a protected group receives less favorable outcomes in an employment decision than a nonprotected group member. For example, if a protected group member is more often evaluated as performing poorly or receives fewer organizational rewards, adverse treatment may have occurred. The Civil Rights Act of 1964 led the way to change how HRM would function. As the years progressed, other amendments and legislation were passed that extended equal employment opportunity practices to diverse groups. Let's take a look at the more critical of these laws summarized in Exhibit 3-1.
What Other Laws Affect Discrimination Practices? In addition to the Civil Rights Act of 1964, other laws and presidential orders equally affect HRM practices. Specifically, we'll address the Age Discrimination in Employment Act of 1967 (amended in 1978 and 1986), the Pregnancy Discrimination Act of 1978, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993, and Executive Orders 11246, 11375, and 11478. Age Discrimination in Employment Act of 1967 The Age Discrimination in Employment Act (ADEA) of 1967 prohibited the widespread practice of requiring workers to retire at age 65.18 It gave protected-group status to individuals between the ages of 40 and 65. Since 1967, this act has been amended twice—once in 1978, to raise
adverse (disparate) treatment An employment situation where protected group members receive treatment different from other employees in matters such as performance evaluations and promotions. Age Discrimination in Employment Act (ADEA) This act prohibits arbitrary age discrimination, particularly among those over age 40.
Exhibit 3-1 Summary of Primary Federal Laws Affecting Discrimination Title VII of the Civil Rights Act of 1964 began a series of laws and executive orders that have attempted to eliminate discrimination in the workplace. Many of these laws prevent employers from making jobrelated decisions on hiring, promotion, and pay on factors that are not related to the employee's ability to do the job such as race, religion, gender, or disability.
Civil Rights Act of 1964
Title VII prohibits employment discrimination in hiring, compensation, and terms, conditions, or privileges of employment based on race, religion, color, sex, or national origin.
Executive Order (E.O.) 11246
Prohibits discrimination on the basis of race, religion, color, and national origin, by federal agencies as well as those working under federal contracts.
Executive Order 11375
Added sex-based discrimination to E.O. 11246.
Age Discrimination in Employment Act of 1967
Protects employees 40–65 years of age from discrimination. Later amended to age 70 (1978), then amended (1986) to eliminate the upper age limit altogether.
Executive Order 11478
Amends part of E.O. 11246: states practices in the federal government must be based on merit; also prohibits discrimination based on political affiliation, marital status, or physical handicap.
Equal Employment Opportunity Act of 1972
Granted the enforcement powers for the EEOC.
Age Discrimination in Employment Act of 1978
Increased mandatory retirement age from 65 to 70. Later amended (1986) to eliminate upper age limit.
Pregnancy Discrimination Act of 1978
Affords EEO protection to pregnant workers and requires pregnancy to be treated like any other disability.
Americans with Disabilities Act of 1990
Prohibits discrimination against an essentially qualified individual, and requires enterprises to reasonably accommodate individuals.
Civil Rights Act of 1991
Nullified selected Supreme Court decisions. Reinstates burden of proof by employer. Allows for punitive and compensatory damages through jury trials.
Family and Medical Leave Act of 1993
Permits employees in organizations of fifty or more workers to take up to twelve weeks of unpaid leave for family or medical reasons each year.
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Pregnancy Discrimination Act of 1978 Law prohibiting discrimination based on pregnancy.
Americans with Disabilities Act of 1990 (ADA) Extends EEO coverage to include most forms of disability, requires employers to make reasonable accommodations, and eliminates post–job-offer medical exams.
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the mandatory retirement age to 70, and again in 1986, to remove the upper age limit altogether. As a result, anyone over age 39 is covered by the ADEA. Organizations with twenty or more employees, state and local governments, employment agencies, and labor organizations are covered by the ADEA.19 Of course, there are and have been exceptions to this law. For instance, employees such as commercial pilots may be required to leave their current positions because of strict job requirements. Pilots may not captain a commercial airplane on reaching the age of sixty-five. This was increased from age sixty in 2007 for several reasons including recognition that people are much healthier at sixty-five now than when the rule was written in 1950. The FAA also responded to a shortage of qualified pilots and foreign airlines with higher age limits.20 In applying the ADEA to the workplace, a four-pronged test is typically used to determine if age discrimination has occurred. This test involves proving that one is "a member of a protected group, that adverse employment action was taken, the individual was replaced by a [younger] worker, and the individual was qualified for the job." 21 For example, assume that in an organization's attempt to cut salary costs, it lays off senior employees. Yet instead of leaving the jobs unfilled, the organization hires recent college graduates who are paid significantly less. This action may be risky and may lead to a charge of discrimination. Should the organization be found guilty of age discrimination, punitive damages up to double the compensatory amount may be awarded by the courts. As a final note to the ADEA, it's important to recognize that age discrimination cases may extend beyond employment issues. One area of concern involves pension benefits for older workers. In 1990, the ADEA was amended by the Older Workers Benefit Protection Act to prohibit organizations from excluding employee benefits for older workers. However, the law does permit benefit reduction based on age so long as the cost of benefits paid by the organization is the same for older as it is for younger employees.22 We'll look at employee benefits in greater detail in Chapter 12. The Pregnancy Discrimination Act of 1978 The Pregnancy Discrimination Act of 1978 (supplemented by various state laws) prohibits discrimination based on pregnancy. Under the law, companies may not terminate a female employee for being pregnant, refuse to make a positive employment decision based on pregnancy, or deny insurance coverage to the woman. The law also requires organizations to offer the employee a reasonable period of time off from work. Although no specific time frames are given, the pregnancy leave is typically six to ten weeks. At the end of this leave, the worker is entitled to return to work. If the exact job she left is unavailable, a similar one must be provided. It is interesting to note that this law is highly contingent on other benefits the company offers. Should the organization not offer health or disability-related benefits such as sick leave to its employees, it is exempt from this law. However, any type of health or disability insurance offered, no matter how much or how little, requires compliance. For instance, if a company offers a benefit covering 40 percent of the costs associated with any short-term disability, then it must include pregnancy in that coverage. The Americans with Disabilities Act of 1990 The Americans with Disabilities Act of 1990 (ADA) extends employment protection to most forms of disability status. The ADA prohibits discrimination on the basis of disability in employment in state and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have an association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment, or a person who is perceived by others as having such impairment. The ADA does not specifically name all of the impairments that are covered, but they are clarified as employees and employers challenge the act in the courts.23 In addition to substantial impairments such as mobility and communication problems, the act has been determined to protect people with HIV/AIDS and intellectual disabilities. On September 25, 2008, President George W. Bush signed into law the the ADA Amendments
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Act of 2008 (ADAAA). It is intended to give broader protections for disabled workers and "turn back the clock" on court rulings that Congress deemed too restrictive. The ADAAA includes a list of impairments to major life activities. It's important, however, to recognize that ADA doesn't protect all forms of disability. For example, some psychiatric disabilities (like pyromania and kleptomania) may disqualify an individual from employment. And while some mental illness advocates have raised concerns, the EEOC and some courts have held that the employer is not accountable in these special cases.24 Correctable conditions such as poor eyesight or high blood pressure are not included.25 Obesity is an employment as well as a health concern in the American workplace. The Centers for Disease Control estimates that nearly 64 percent of Americans are overweight. Although obesity is not covered under the ADA, workers who are morbidly obese with a Body Mass Index (BMI) of forty or above have successfully claimed that their obesity prevents them from performing one or more essential life functions. Although workers with a BMI under forty are not protected, the state of Michigan and the District of Columbia have enacted laws to specifically protect workers from discrimination based on size or appearance.26 Companies are also required to make reasonable accommodations to provide a qualified individual access to the job.27 Technology may be required so that an individual can do his or her job. For example, suppose a worker is legally blind. If special "reading" equipment is available and could assist this individual in doing the job, then the company must provide it if that accommodation does not present an undue hardship.28 The ADA extends its coverage to private companies and all public service organizations. As a final note on this act, it's important to mention that contagious diseases, including HIV and AIDS, are considered conditions of being disabled. In advancing the decision in the 1987 Supreme Court case of Aline v. Nassau County, the ADA views contagious diseases as any other medical disability. With respect to AIDS, exceptions can be implemented, but most of these are rare. In restaurants, for example, the individual may simply be assigned other duties, rather than terminated. Under this law, you must treat the AIDS worker in the same way you would treat a worker suffering from cancer, and all job actions must be based on job requirements. The Civil Rights Act of 1991 The Civil Rights Act of 1991 was one of the most hotly debated civil rights laws since the 1964 act. The impetus for this legislation stemmed from Supreme Court decisions in the late 1980s that diminished the effect of the Griggs decision. Proponents of the 1964 legislation quickly banded together in an attempt to issue new legislation aimed at restoring the provisions lost in these Supreme Court rulings. The Civil Rights Act of 1991: ■ ■ ■ ■
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reasonable accommodations Changes to the workplace that allow qualified workers with disabilities to perform their jobs. Civil Rights Act of 1991 Employment discrimination law that nullified selected Supreme Court decisions. Reinstated burden of proof by the employer, and allowed for punitive and compensatory damage through jury trials. The Family and Medical Leave Act of 1993 (FMLA) Provides employees in most organizations the opportunity to take up to twelve weeks of unpaid leave for family matters.
prohibits discrimination on the basis of race and prohibits racial harassment on the job returns the burden of proof that discrimination did not occur back to the employer reinforces the illegality of employers who make hiring, firing, or promoting decisions on the basis of race, ethnicity, sex, or religion permits women and religious minorities to seek punitive damages in intentional discriminatory claims
Additionally, this act also included the Glass Ceiling Act—establishing the Glass Ceiling Commission, whose purpose is to study a variety of management practices in organizations. What impact did this legislation have on employers? The issue dealing with punitive damages may prove to be the most drastic change. For the first time, individuals claiming to have been intentionally discriminated against may sue for damages. The amount of these compensatory and punitive charges, however, is prorated based on number of employees in the organization.29 The Family and Medical Leave Act of 1993 The Family and Medical Leave Act of 1993 (FMLA) provides employees in organizations employing fifty or more workers
Years ago, a person in a wheelchair may have had difficulty obtaining employment. However, with the passage of the Americans with Disabilities Act of 1990, employees such as this cannot be discriminated against simply because of the disability. Disabled employees have therefore become productive members of today's organizations. (Source: Masterfile)
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Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) Clarifies and strengthens the rights of veterans to return to their jobs in the private sector when they return from military service.
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within a seventy-five-mile radius of the organization the opportunity to take up to twelve weeks of unpaid leave in a twelve-month period for family matters (such as childbirth or adoption, their own illness, or to care for a sick family member).30 To be eligible for these benefits, an employee must have worked for an employer for a total of twelve months (not necessarily consecutively) and must have worked for the organization at least 1,250 hours in the past twelve months. These employees are generally guaranteed their current job, or one equal to it, on their return. If, however, an organization can show that it will suffer significant economic damage by having a "key" employee out on FMLA leave, the organization may deny the leave.31 A key employee is generally a salaried employee among the top 10 percent of wage earners in the organization. The organization, however, must notify an employee who requests the leave that he or she is considered a "key" employee and that although the employee may have an opportunity to return to the same job, the organization cannot guarantee it. During this period of unpaid leave, employees retain their employer-offered health insurance coverage (see Exhibit 3-2). Nearly 80 percent of all U.S. workers are covered under FMLA. In 2008, these FMLA benefits were extended to include family of members of the military who are on active duty. Employees who need leave to be a caregiver for a wounded service member are also included. Several states already had laws that were similar to the new FMLA rules.32 HR professionals agree that the FMLA has noble intent, but it has created difficulties for some organizations. These include staffing problems as well as the administrative complexity in processing FMLA matters.33 Another difficulty is defining how serious a health condition must be for an employee to qualify for leave. The condition must be serious enough to require at least a three-day absence from work and include two doctor's visits. Some employees have successfully claimed that seemingly minor illnesses like colds or flu qualify if the doctor visits are followed by extended treatment with antibiotics.34 Other situations that cause staffing problems and paperwork for HR professionals are employees who take leave in very small increments of time (some as small as six minutes) and employees who notify employers of their intent to use FMLA up to two business days after the leave has been taken.35 Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was enacted to clarify and strengthen the rights of veterans who served in the reserves or national guard. Veterans have the right to return to their jobs in the private sector when they return from military service, and are entitled to the same seniority, status, and pay they would have attained had they remained on the job. They may also retain their employee insurance benefits while on military service, although they may be required to pay for the premiums. The USERRA also prohibits employers from discriminating or retaliating against a job applicant or employee based on prior military service. The process for filing a complaint against employers who do not comply with the act is also spelled out. In 2004, the Veterans' Benefits Improvement Act (VBIA) clarified the health insurance rights of veterans and required that employers display the USERRA poster along with other information notifying employees of their rights.36 Relevant Executive Orders In 1965, President Lyndon Johnson issued Executive Order 11246, which prohibited discrimination on the basis of race, religion, color, or national origin by federal agencies as well as by contractors and subcontractors who worked under federal contracts. This was followed by Executive Order 11375, which added sex-based discrimination to the above criteria. In 1969, President Richard Nixon issued Executive Order 11478 to supersede part of Executive Order 11246. It stated that employment practices in the federal government must be based on merit and must prohibit discrimination based on race, color, religion, sex, national origin, political affiliation, marital status, or physical disability. These orders cover all organizations with contracts of $10,000 or more with the federal government. Additionally, those organizations with fifty or more employees and/or $50,000 in federal grants must have a written active affirmative action program. The Office of Federal Contract Compliance Program (OFCCP) administers the order's
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Exhibit 3-2 provisions and provides technical assistance. We'll return to the OFCCP shortly when we discuss the enforcement aspects of equal employment opportunities.
Guarding Against Discrimination Practices The number of laws and regulations make it critical for HRM to implement nondiscriminatory practices. Although it is hoped that senior management has established an organizational culture that encourages equal employment opportunity, discrimination does happen. Recall from our earlier discussion that employment discrimination may stem from a decision based on factors other than those relevant to the job. Should that occur
Family and Medical Act Poster The U.S. Department of Labor provides employers with posters such as this one that inform employees of their rights. The Department of Labor Web site has posters available for free download at www.dol.gov. They also offer assistance in determining which posters a business may be required to display. (Source: U.S. Department of Labor)
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DID YOU KNOW?
Is a Problem Brewing? Often, HR managers react to an event or, in the case of a discrimination charge, a legal matter. Although they often have policies in place on how to handle such events, a more fundamental question arises. That is, are there signs that something is brewing? The answer is often yes—if one is paying attention to what's happening in the organization. For instance, one might expect a problem ahead if: ■
■
large numbers of employees (often individuals who share something in common—a personal characteristic, the same supervisor, etc.) ask for their personnel files significant increases are witnessed in the use of the company's complaint procedure
■ ■
a union campaign has just failed employees are using blogs to bash the organization
Though each of the above items might not always indicate a legal action is forthcoming, it should tell HR that there is a potential problem and they need to look into it. Being a bit proactive—investigating things before they reach a fever pitch— is often the best defense one may have. Source: J. Harmon, "Identifying and Preventing Class Actions," Workforce Management (August 2004), available online at www.workforce.com/section/ 03/article/23/81/53.html; and M. T. Johnson, "The Car Wreck You Can Stop," Workforce Management (December 2003), pp. 18–20.
frequently, the organization may face charges that it discriminates against some members of a protected group (see Did You Know?). Determining what constitutes discrimination, however, typically requires more than one individual being adversely affected.
Determining Potential Discriminatory Practices To determine if discrimination possibly occurred, one of four tests can be used: the 4/5ths rule, restricted policies, geographic comparisons, and the McDonnell-Douglas Test. Remember, however, that each of these tests is simply an indicator that risky practices may have occurred. It is up to a judicial body to make the final determination. 4/5ths rule A rough indicator of discrimination, this rule requires that the number of minority members a company hires must equal at least 80 percent of the majority members in the population hired.
The 4/5ths Rule One of the first measures of determining potentially discriminatory practices is called the 4/5ths rule. Issued by the EEOC in its Uniform Guidelines on Employee Selection Procedures, the 4/5ths rule helps assess whether an adverse impact has occurred. Of course, the 4/5ths rule is not a definition of discrimination. It is, however, a quick analysis to help assess HR practices in an organization. Moreover, in applying the 4/5ths rule, the Supreme Court ruled in Connecticut v. Teal (1984) that decisions in each step of the selection process must conform to the 4/5ths rule.37 To see how the 4/5ths rule works, suppose we have two pools of applicants for jobs as management information systems analysts. Our applicants' backgrounds reflect the following: forty applicants are classified in the majority and fifteen applicants are classified as members of minority populations.38 After the testing and interview process, we hire twenty-two majority and eight minority members. Is the organization in compliance? Exhibit 3-3 provides the analysis. In this case, we find that the company is in compliance; that is, the ratio of minority to majority members is 80 percent or greater (the 4/5ths rule). Accordingly, even though fewer minority members were hired, no apparent discrimination has occurred. Exhibit 3-3 also shows the analysis of an organization not in compliance. Remember, whenever the 4/5ths rule is violated, it indicates only that discrimination may have occurred. Many factors can enter in the picture. Should the analysis show that the percentage is less than 80 percent, more elaborate statistical testing must confirm or deny adverse impact. For instance, if Company A finds a way to keep most minority group members from applying in the first place, it need hire only a few of them to meet its 4/5ths measure. Conversely, if Company B actively seeks numerous minority group applicants and hires more than Company A, it still may not meet the 4/5ths rule. Restricted Policy A restricted policy infraction occurs whenever an enterprise's HRM activities exclude a class of individuals. For instance, assume a company is restructuring
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In Compliance Majority Group (Maj) ⴝ 40 Applicants Item
Number
Percent
Passed test 30 75% Passed interview 22 73% Hired 22 100% Analysis 22/40 55% ⫽ Ratio of minority/majority 53%/55% ⫽ 96%
Minority Group (Min) ⴝ 15 Applicants Item
Number
Percent
%Min/%Maj
Passed test Passed interview Hired Analysis
11 8 8 8/15
73% 72% 100% 53%
73%/75% ⫽ 97% 72%/73% ⫽ 98% 100%/100% ⫽ 100%
⫽
Not in Compliance Majority Group (Maj) ⴝ 40 Applicants Item
Number
Percent
Passed test 30 75% Passed interview 22 86% Hired 26 100% Analysis 26/40 65% ⫽ Ratio of minority/majority 26%/65% ⫽ 40%
Minority Group (Min) ⴝ 15 Applicants Item
Number
Percent
%Min/%Maj
Passed test Passed interview Hired Analysis
11 4 4 4/15
73% 36% 100% 26%
73%/75% ⫽ 97% 36%/86% ⫽ 41% 100%/100% ⫽ 100%
⫽
Exhibit 3-3 and laying off an excessive number of employees over age forty. Simultaneously, however, the company is recruiting for selected positions on college campuses only. Because of economic difficulties, this company wants to keep salaries low by hiring people just entering the workforce. Those over age thirty-nine who were making higher salaries are not given the opportunity to even apply for these new jobs. These actions may indicate a restricted policy. That is, through its hiring practice (intentional or not), a class of individuals (in this case, those protected by age discrimination legislation) has been excluded from consideration. Geographical Comparisons A third means of supporting discriminatory claims is through the use of a geographic comparison. In this instance, the characteristics of the potential qualified pool of applicants in an organization's hiring market are compared to the characteristics of its employees. If the organization has a proper mix of individuals at all levels in the organization that reflects its recruiting market, then the company is in compliance. Additionally, that compliance may assist in fostering diversity in the organization. The key factor here is the qualified pool according to varying geographic areas. McDonnell-Douglas Test Named for the McDonnell-Douglas Corp. v. Green 1973 Supreme Court case,39 this test provides a means of establishing a solid case.40 Four components must exist:41 1. 2. 3. 4.
The individual is a member of a protected group. The individual applied for a job for which he or she was qualified. The individual was rejected. The enterprise, after rejecting this applicant, continued to seek other applicants with similar qualifications.
If these four conditions are met, an allegation of discrimination is supported. It is up to the company to refute the evidence by providing a reason for such action. Should that explanation be acceptable to an investigating body, the protected group member must then prove that the company's reason is inappropriate. If any of the preceding four tests are met, the company might find itself having to defend its practices. In the next section, we'll explain how an enterprise can do that.
Responding to an EEO Charge If HRM practices have adverse impact in an organization, the employer has a few remedies for dealing with valid allegations. First, the employer should discontinue the practice.
Applying the 4/5ths Rule Although all the numbers may look intimidating, the concept of the 4/5ths Rule is pretty simple. If the percentage of minority employees hired is 80% or more of the number of non-minorities hired, the company is in compliance the rule. If the percentage is under 80%, it indicates the company may have discriminated against minority applicants, and further research is indicated.
McDonnell-Douglas Corp. v. Green Supreme Court case that led to a four-part test used to determine if discrimination has occurred.
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Only after careful study should the practice, or a modified version, be reinstated. However, even if enough evidence for a charge exists, an employer may choose to defend its practices. Generally, three defenses can be used when confronted with an allegation. These are: job relatedness or business necessity; bona fide occupational qualifications; and seniority systems.
bona fide occupational qualification (BFOQ) Job requirements that are "reasonably necessary to meet the normal operations of that business or enterprise."
Why does the Age Discrimination in Employment Act permit certain exceptions, like requiring commercial airlines pilots to retire on reaching their sixty-fifth birthday? The rationale focuses on the potential for a pilot's skills to lessen after age sixty-five. That, coupled with concern for air safety of traveling passengers, has resulted in an exception to the law. (Source: ©Digital Vision/Getty Images, Inc.)
seniority systems Decisions such as promotions, pay, and layoffs are made on the basis of an employee's seniority or length of service.
Business Necessity An organization has the right to operate in a safe and efficient manner. This includes business necessities without which organizational survival could be threatened. A major portion of business necessity involves job-relatedness factors, or having the right to expect employees to perform successfully. Employees are expected to possess the skills, knowledge, and abilities required to perform the essential elements of the job. Job-relatedness criteria are substantiated through the validation process. Bona Fide Occupational Qualifications The second defense against discriminatory charges is a bona fide occupational qualification (BFOQ). Under Title VII, a BFOQ was permitted where such requirements were "reasonably necessary to meet the normal operation of that business or enterprise." As originally worded, BFOQs could be used only to support sex discrimination. Today, BFOQ coverage is extended to other categories. BFOQs cannot, however, be used in cases of race or color. It is important to note that while BFOQs are "legal" exceptions to Title VII, they are narrowly defined. Simply using a BFOQ as the response to a charge of discrimination is not enough; it must be directly related to the job. Let's look at some examples. Employers have tried to argue that gender is a requirement to be a firefighter, police officer, or flight attendant for reasons such as physical strength or public perception. The courts, however, did not hold the same view. As a result, it is now common to see both sexes in nearly any career. Using gender as a job criterion is difficult to prove. However, under certain circumstances gender as a BFOQ has been supported. In some jobs such as prison guards, washroom attendants, and health care, gender may be used as a determining factor to "protect the privacy interests of patients, clients, or customers."42 A religious BFOQ may have similar results. Religion may be used as a differentiating factor in ordaining a church minister, but a faculty member doesn't have to be Catholic to teach at a Jesuit college. Under rare circumstances, an organization may refuse to hire individuals whose religious observances fall on days that the enterprise normally operates if the organization demonstrates that it cannot reasonably accommodate these religious observances.43 It's becoming harder to demonstrate an inability to make a reasonable accommodation.44 For example, pizza delivery establishments cannot refuse to hire, or terminate, an employee who has facial hair required by religious belief. HRM managers must understand that some "traditional" policies may have to change to reflect religious diversity in the workforce. For instance, a policy that prohibits employees who have customer contact from having beards may be a violation of the Civil Rights Act. Accordingly, the company may have to change its policy to accommodate religious traditions.45 In terms of national origin, BFOQs have become rare. However, if an organization can show that a foreign accent or the inability to communicate effectively "materially interferes with the individual's ability to perform" the job, then nationality can be used as a BFOQ.46 Our last area of BFOQ is age. Because of subsequent amendments to the Age Discrimination in Employment Act, age BFOQs are hard to support. As we mentioned in our discussion of age discrimination, it can sometimes be used as a determining factor. However, aside from pilots and a select few key management executives in an organization, age as a BFOQ is limited. Seniority Systems Finally, the organization's bona fide seniority system can serve as a defense against discrimination charges. So long as employment decisions such as layoffs stem from a well-established and consistently applied seniority system, decisions that may adversely affect protected group members may be permissible. However, an
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organization using seniority as a defense must be able to demonstrate the "appropriateness" of its system. Although means are available for organizations to defend themselves, the best approach revolves around job-relatedness. BFOQ and seniority defenses are often subject to great scrutiny and, at times, are limited in their use.
Selected Relevant Supreme Court Cases In addition to the laws affecting discriminatory practices, HRM practitioners must be aware of decisions rendered by the Supreme Court. Many of these cases help further define HRM practices or indicate permissible activities. Although it is impossible to discuss every applicable Supreme Court case, we have chosen a few of the more critical ones for what they have meant to the field.
Cases Concerning Discrimination Let's return to one of the most important legal rulings affecting selection procedures. In the 1960s, Duke Power had a policy of requiring everyone to pass two different aptitude tests and have a high school diploma in order to work in any position other than a department called the labor department. The labor department was the lowest paying department at Duke Power and was almost exclusively staffed with African American employees. Willie Griggs filed a class action lawsuit on behalf of other African American employees, claiming that the requirement to pass the tests and have a high school diploma unfairly discriminated against African American employees who tended not to have the same education as other applicants. In the 1971 Griggs v. Duke Power Company decision, the U.S. Supreme Court adopted the interpretive guidelines set out under Title VII: tests must fairly measure the knowledge and skills required in a job in order not to discriminate unfairly against minorities. This action single-handedly made invalid any employment test or diploma requirement that disqualified African Americans at a substantially higher rate than whites (even unintentionally) if this differentiation could not be proved job related. Such action was said to create an adverse (disparate) impact.47 The Griggs decision had even wider implications. It made illegal most intelligence and conceptual tests used in hiring without direct empirical evidence that the tests employed were valid. This crucial decision placed the burden of proof on the employer, who must provide adequate support that any test used did not discriminate on the basis of non–job-related characteristics. For example, if an employer requires all applicants to take an IQ test, and test results factor in the hiring decision, the employer must prove that individuals with higher scores will outperform on the job those individuals with lower scores. Nothing in the Court's decision, however, precludes the use of testing or measuring procedures. What it did was to place the burden of proof on management to demonstrate, if challenged, that the tests used provided a reasonable measure of job performance. Although companies began a process of validating these tests, requiring all job applicants to take them raised further questions. In 1975, the Supreme Court decision in the case of Albemarle Paper Company v. Moody clarified the methodological requirements for using and validating tests in selection.48 In the case, four African American employees challenged their employer's use of tests for selecting candidates from the unskilled labor pool for promotion into skilled jobs. The Court endorsed the EEOC guidelines by noting that Albemarle's selection methodology was defective because: ■
The tests had not been used solely for jobs on which they had previously been validated.
Albemarle Paper Company v. Moody Supreme Court case that clarified the methodological requirements for using and validating tests in selection.
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Exhibit 3-4 Summary of Selected Supreme Court Cases Affecting EEO These Supreme Court cases have helped clarify the intent of equal employment laws.
Case
Ruling
Griggs v. Duke Power (1971)
Tests must fairly measure the knowledge or skills required for a job; also validity of tests.
Albemarle Paper Company v. Moody (1975)
Clarified requirements for using and validating tests in selection.
Washington v. Davis (1976)
Job-related tests are permissible for screening applicants.
Connecticut v. Teal (1984)
Requires all steps in a selection process to meet the 4/5ths rule.
Firefighters Local 1784 v. Stotts (1984)
Layoffs are permitted by seniority despite effects it may have on minority employees.
Wyant v. Jackson Board of Education (1986)
Layoffs of white workers to establish racial or ethnic balances are illegal; however, reaffirmed the use of affirmative action plans to correct racial imbalance.
United States v. Paradise (1986)
Quotas may be used to correct significant racial discrimination practices.
Sheetmetal Workers Local 24 v. EEOC (1987)
Racial preference could be used in layoff decisions only for those who had been subjected to previous race discrimination.
Johnson v. Santa Clara County Transportation Agency (1987)
Reaffirmed the use of preferential treatment based on gender to overcome problems in existing affirmative action plans.
■ ■ ■
Wards Cove Packing Company v. Atonio A notable Supreme Court case that had the effect of potentially undermining two decades of gains made in equal employment opportunities.
The tests were not validated for upper-level jobs alone but were also used for entry-level jobs. Subjective supervisory ratings were used for validating the tests, but the ratings had not been done with care. The tests had been validated on a group of job-experienced white workers, whereas the tests were given to young, inexperienced, and often nonwhite candidates.
In addition to these two landmark cases, other Supreme Court rulings have affected HRM practices. We have identified some of the more important ones and their results in Exhibit 3-4. During the late 1980s, however, we began to see a significant change in the Supreme Court's perception of EEO. One of the most notable cases during this period was Wards Cove Packing Company v. Atonio (1989).49 Wards Cove operates two salmon canneries in Alaska. The issue in this case stemmed from different hiring practices for two types of jobs. Noncannery jobs viewed as unskilled positions were predominately filled by nonwhites (Filipinos and native Alaskans). On the other hand, cannery jobs, seen as skilled administrative/engineering positions, were held by a predominately white group. Based on the ruling handed down in Griggs v. Duke Power, an adverse (disparate) impact could be shown by the use of statistics (the 4/5ths rule). However, in the decision, the Court ruled that statistics alone could not support evidence of discrimination. Consequently, the burden of proof shifted from the employer to the individual employee. The Wards Cove decision had the effect of potentially undermining two decades of gains made in equal employment opportunities. This case could have struck a significant blow to affirmative action. Despite that potential, businesses appeared unwilling to significantly deviate from the affirmative action plans developed over the years. Of course, it's now a moot point, as the Civil Rights Bill of 1991 nullified many of these Supreme Court rulings.
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Cases Concerning Reverse Discrimination Affirmative action programs are necessary to ensure continued employment possibilities for minorities and women. Programs to foster the careers of these two groups have grown over the decades. But while this voluntary action may have been needed to correct past abuses, what about the white male—who at some point will become a minority in the workforce? Some white males believe that affirmative action plans work reverse discrimination against them, leading to charges of reverse discrimination. Two specific cases of A claim made by white males that reverse discrimination have been noteworthy: Bakke and Weber. minority candidates are given preferenIn 1978, the Supreme Court handed down its decision in the case of Bakke v. The tial treatment in employment decisions. Regents of the University of California at Davis Medical School.50 Allen Bakke applied to the Davis Medical School for one of one hundred first-year seats. At that time, U.C. Davis had a self-imposed quota system to promote its affirmative action plan: that is, of the one hundred first-year seats, sixteen were set aside for minority applicants. Bakke's charge stemmed from those sixteen reserved seats. His credentials were not as good as those gaining access to the first eighty-four seats, but were better than those of minorities targeted for the reserved seats. The issue that finally reached the Supreme Court was could an institution impose its own quota to correct past imbalances between whites and minorities? The Supreme Court ruled that the school could not set aside those seats, for doing so resulted in "favoring one race over another." Consequently, Bakke was permitted to enter Davis Medical School. The Supreme Court's decision in the case of the United Steelworkers of America v. Weber (1979) appeared to have important implications for organizational training and development practices and for the larger issue of reverse discrimination.51 In 1974, Kaiser Aluminum and the United Steelworkers Union set up a temporary training program for higher-paying skilled trade jobs, such as electrician and repairer, at a Kaiser plant in Louisiana. Brian Weber, a white employee at the plant who was not selected for the training program, sued on the grounds that he had been illegally discriminated against. He argued that African Americans with less seniority were selected over him to attend the training due solely to their race. The question facing the Court was whether it is fair to discriminate against whites to help African Americans who have been longtime victims of discrimination. The justices said that Kaiser could choose to give special job preference to African Americans without fear of being harassed by reverse discrimination suits brought by other Failure to document decisions on business employees. The ruling was an endorsement of voluntary affirmative necessity may lead to serious challenges. action efforts—goals and timetables for bringing an organization's minority and female workforce up to the percentages they represent in the available labor pool. Despite the press coverage that both cases received, many questions remained unanswered. Just how far was a company permitted to go regarding preferential treatment? In subsequent cases, more information became available. In 1984, the Supreme Court ruled in Firefighters Local 1784 v. Stotts52 that when facing a layoff situation, affirmative action may not take precedence over a seniority system: that is, the last in (often minorities) may be the first to go. This decision was further reinforced in Wyant v. Jackson Board of Education (1986),53 when the Supreme Court ruled that a collective bargaining agreement giving preferential treatment to preserve minority jobs in the event of a layoff was illegal. On the contrary, in Johnson v. Santa Clara County Transportation (1987) the Supreme Court did permit affirmative action goals to correct worker imbalances as long as the rights of nonminorities were protected. This ruling had the effect of potentially reducing reverse discrimination claims. The implications of these cases may be somewhat confusing. The conclusion one needs to draw from these is that any HRM practice may be challenged by anyone. HRM must be able to defend its practices, if necessary, and explain the basis and the parameters on which the decisions were made. Failure to document or to base the decisions on business necessities may lead to serious challenges to the action taken.
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ETHICAL ISSUES IN HRM B3_B
English-Only Rules Central Station Casino in Colorado instituted an "English-Only" policy for their housekeeping department after a non-Spanish-speaking employee thought that other employees were talking about her in Spanish. The policy was defended as necessary for safety reasons. To enforce the policy, managers and non-Hispanic employees would shout "English, English!" at Hispanic employees when they encountered them in the halls of the hotel. Because of the embarrassment and distress this caused, the Hispanic employees filed a complaint with the Equal Employment Opportunity Commission.54 Can an organization require its employees to speak only English on the job? The answer is a definite "maybe." At issue here are several items. On one hand, employers have identified
When managers who speak only English try to communicate with an increasingly ethnically diverse workforce, challenges arise. English-only rules are a controversial solution. (Source: T. Ozonas/Masterfile)
the need to have a common language spoken at the work site. Employers must be able to communicate effectively with all employees, especially when safety or productive efficiency matters are at stake.55 This, they claim, is a business necessity. Consequently, if it is a valid job requirement, the practice could be permitted. Furthermore, an employer's desire to have one language may stem from the fact that some workers may use bilingual capabilities to harass and insult other workers in a language they could not understand. With today's ever-increasing concern about protecting employees, especially women, from hostile environments, English-only rules serve as one means of reasonable care. A counterpoint to this English-only rule firmly rests with the workforce diversity issue. Workers in today's organizations come from all nationalities and speak different languages. More than 30 million workers in the United States speak a language other than English. What about these individuals' desire to speak their language, communicate effectively with their peers, and maintain their cultural heritage? To them, Englishonly rules are discriminatory in terms of national origin in that they create an adverse impact for non–English-speaking individuals.56 The EEOC settled the Central Station Casino complaint with a settlement of $1.5 million awarded to the Hispanic employees. Central Station Casino also was directed to inform all employees that there was no English-only policy and provide training to ensure that discrimination does not occur. Should employers be permitted to require that only English be spoken in the workplace? Would it make a difference if it were a family-owned Chinese restaurant? What if it is necessary for successful performance or to prevent a safety or health hazard? Should the Supreme Court view this as a discriminatory practice, or render a decision that would create a single, nationwide standard on English-only? What do you think about this issue?
Enforcing Equal Opportunity Employment Two U.S. government agencies are primarily responsible for enforcing equal employment opportunity laws. They are the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP).
The Role of the EEOC Any charge leveled against an enterprise regarding discrimination based on race, religion, color, sex, national origin, age, qualified disabilities, or wage disparity due to gender falls under the jurisdiction of the EEOC.57 That is, the EEOC is the enforcement arm for Title VII of the 1964 Civil Rights Act, the Equal Pay Act,58 the Age Discrimination in Employment Act, the Vocational Rehabilitation Act of 1973, the Americans with Disabilities Act,59 and the Civil Rights Act of 1991. The EEOC requires that charges
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typically be filed within 180 days of an alleged incident,60 and that these charges be written and sworn under oath. Once the charges have been filed, the EEOC may progress (if necessary) through a five-step process:61 1. The EEOC will notify the organization of the charge within ten days of its filing and then begin to investigate the charge to determine if the complaint is valid. The company may simply settle the case here, and the process stops. 2. The EEOC will notify the organization in writing of its findings within 120 days. If the charge is unfounded, the EEOC's process stops, the individual is notified of the outcome and informed that he or she may still file charges against the company in civil court (called a right-to-sue notice). The individual has ninety days on receipt of the right-to-sue notice to file his or her suit. 3. If there is justification to the charge, the EEOC will attempt to correct the problem through informal meetings with the employer. Again, the company, recognizing that discrimination may have occurred, may settle the case at this point. 4. If the informal process is unsuccessful, the EEOC will begin a formal settlement meeting between the individual and the organization (called a mediation meeting). The emphasis here is on reaching a voluntary agreement between the parties. 5. Should Step 3 fail, the EEOC may file charges in court. It's important to note that while acting as the enforcement arm of Title VII, the EEOC has the power to investigate claims, but it has no power to The EEOC prioritizes its cases to spend force organizations to cooperate. more time on those that have the greatest The EEOC is staffed by five presidentially appointed commissioners and staff counsels. It is generally well known that the EEOC is quite significance. understaffed in its attempt to handle more than 84,000 cases each year.62 And as a result, thousands of cases have been backlogged.63 Consequently, the EEOC began prioritizing cases in the mid-1990s, attempting to spend more time on cases that initially appear to have merit. Furthermore, its enforcement plans are prioritized, with cases where "alleged systematic discrimination has broad impact on an industry, profession, company, or geographic location" receiving the highest priority.64 Under these new EEOC directions, it's more important than ever for HRM to investigate the complaints internally, communicate openly with the EEOC regarding the priority level of the complaint, and evaluate selecting and testing methods to ensure validity. The relief that the EEOC tries to achieve for an individual is regulated by Title VII. If the allegation is substantiated, the EEOC attempts to make the individual whole. That is, under the law, the EEOC attempts to obtain lost wages or back pay, job reinstatement, and other rightfully due employment factors (for example, seniority or benefits). The individual may also recover attorney fees. However, if the discrimination was intentional, other damages may be awarded. Under no circumstances may the enterprise retaliate against an individual filing charges—whether or not the person remains employed by the organization. The EEOC monitors that no further adverse action against that individual occurs.
Office of Federal Contract Compliance Program (OFCCP) In support of Executive Order 11246, the OFCCP enforces the provisions of this order (as amended), as well as Section 503 of the Vocational Rehabilitation Act of 1973 and the Vietnam Veterans Readjustment Act of 1974.65 Provisions of the OFCCP apply to any organization, including universities that have federal contracts or act as a subcontractors on a federal project. The OFCCP operates within the U.S. Department of Labor. Similar to the EEOC, the OFCCP investigates allegations of discriminatory practices and follows a similar process in determining and rectifying wrongful actions. One notable difference is that the OFCCP has the power to cancel
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an enterprise's contract with the federal government if the organization fails to comply with EEO laws.66
Current Issues in Employment Law EEO today continues to address two important issues affecting female employees. These are harassment in the workplace—primarily sexual in nature—and the glass-ceiling initiative. Let's take a closer look at both of these.
sexual harassment Anything of a sexual nature that creates a condition of employment, an employment consequence, or a hostile or offensive environment.
What Is Sexual Harassment? Sexual harassment is a serious issue in both public- and private-sector organizations. More than 13,000 complaints are filed with the EEOC each year; 15 percent of these are filed by males.67 The good news is that the total number of complaints filed with the EEOC has dropped 20 percent in the last ten years.68 Settlements in some of these cases incurred substantial litigation costs to the companies. It is possibly the single biggest financial risk facing companies today, and results in a more than 30 percent decrease in a company's stock price.69 At Mitsubishi, for example, the company paid out more than $34 million to 300 women for the rampant sexual harassment to which they were exposed.70 But it's more than just jury awards. Sexual harassment results in millions lost in absenteeism, low productivity, and turnover.71 Sexual harassment, furthermore, is not just a U.S. phenomenon. It's a global issue. For instance, sexual harassment charges have been filed against employers in such countries as Japan, Australia, the Netherlands, Belgium, New Zealand, Sweden, Ireland, and Mexico.72 Discussions of sexual harassment cases often focus on the large court awards, but employers have other concerns. Sexual harassment creates an unpleasant work environment for organization members and undermines their ability to perform their job. But just what is sexual harassment? Sexual harassment can be regarded as any unwanted activity of a sexual nature that affects an individual's employment. It can occur between members of the opposite or of the same sex, between organization employees or employees and nonemployees.73 Much of the problem associated with sexual harassment is determining what constitutes this illegal behavior.74 In 1993, the EEOC cited three situations in which sexual harassment can occur. These are instances where verbal or physical conduct toward an individual: 1. creates an intimidating, offensive, or hostile environment 2. unreasonably interferes with an individual's work 3. adversely affects an employee's employment opportunities
quid pro quo harassment Some type of sexual behavior is expected as a condition of employment. hostile environment harassment Offensive and unreasonable situations in the workplace that interfere with the ability to work.
Two types of sexual harassment have been established. When some type of sexual behavior is expected as a condition of employment, it is called quid pro quo harassment. When a working environment is offensive and unreasonably interferes with an employee's ability to work, it is called hostile environment harassment. For many organizations, the offensive or hostile environment issue is a little harder to understand.75 Just what constitutes such an environment? The Supreme Court recognized in Meritor Savings Bank v. Vinson that Title VII of the Civil Rights Act could be used for hostile environment claims.76 This case stemmed from a situation in which Ms. Vinson initially refused the sexual advances of her boss. However, out of fear of reprisal, she ultimately conceded. According to court records, it did not stop there. Vinson's boss continued to hassle Vinson, subjecting her to severe hostility, which affected her job.77 In addition to supporting hostile environment claims, the Meritor case along with Faragher v. City of Boca Raton also identified employer liability, that is, in sexual harassment cases, an organization can be held liable for sexual harassment actions by its managers, employees, and even customers.78 Although the Meritor case has implications for organizations, how do organizational members determine if something is offensive? For instance, does sexually explicit
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language in the office create a hostile environment? How about off-color jokes? Pictures of women totally undressed? The answer is: It could! It depends on the people in the organization and the environment in which they work. The point here is that we all must be attuned to what makes fellow employees uncomfortable—and if we don't know, we should ask. Organizational success in the new millennium will in part reflect how sensitive each employee is toward others in the company. DuPont corporate culture and diversity programs, for example, are designed to eliminate sexual harassment through awareness and respect for all individuals.79 This means understanding one another and, most important, respecting others' rights. Similar programs exist at FedEx, General Mills, and Levi-Strauss. If sexual harassment carries potential costs to the organization, what can a company do to protect itself ?80 (See Learning an HRM Skill, p. 82.) The courts ask two things: did the organization know about, or should it have known about the alleged behavior; and what did management do to stop it?81 The judgments and awards against organizations today indicate even greater need for management to educate all employees on sexual harassment matters and have mechanisms available to monitor employees. Furthermore, "victims" no longer have to prove that their psychological well-being is seriously affected. The Supreme Court ruled in 1993 in the case of Harris v. Forklift Systems, Inc., that victims need not suffer substantial mental distress to merit a jury award. Furthermore, in June 1998, the Supreme Court ruled that sexual harassment may have occurred even if the employee had not experienced any "negative" job repercussions. In this case, Kimberly Ellerth, a marketing assistant at Burlington Industries, filed harassment charges against her boss because he "touched her, suggested she wear shorter skirts, and told her during a business trip that he could make her job 'very hard or very easy.'" When Ellerth refused, the harasser never "punished" her. In fact, Kimberly even received a promotion during the time the harassment was ongoing. The Supreme Court's decision in this case indicates that "harassment is defined by the ugly behavior of the manager, not by what happened to the worker subsequently." 82 Remember that the rights of the alleged harasser must be considered too. This means that no action should be taken against someone until a thorough investigation has been conducted. Furthermore, the results of the investigation should be reviewed by an independent and objective individual before any action against the alleged harasser is taken. Even then, the harasser should have an opportunity to respond to the allegation and a disciplinary hearing if desired. Additionally, an avenue for appeal should also exist for the alleged harasser, heard by someone in a higher level of management who is not associated with the case.
Are Women Reaching the Top of Organizations? In decades past, many jobs were formally viewed as being male- or female-oriented. For example, positions such as a librarian, nurse, and elementary schoolteacher were considered typical jobs for women; by contrast, police officers, truck drivers, and top management positions were regarded as the domain of men. Historically, this attitude resulted in the traditional female-oriented jobs paying significantly less than the maleoriented positions. This differentiation led to concerns over gender-based pay systems, commonly referred to as the comparable worth issue. For instance, a nurse may be judged to have a comparable job to that of a police officer. Both must be trained, both are licensed to practice, both work under stressful conditions, and both must exhibit high levels of effort. But they are not typically paid the same; male-dominated jobs have traditionally been paid more than female-oriented jobs. Under comparable worth, estimates of the importance of each job are used in determining and equating pay structures. The 1963 Equal Pay Act requires that workers doing essentially the same work must initially be paid the same wage (later wage differences may exist due to performance, seniority, merit systems, and the like). The act, however, is not directly applicable to comparable worth. Comparable worth proponents want to
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Is what you see in the picture sexual harassment? Perhaps. If the employee believes her supervisor's action interferes with her work and she has asked for the offensive behavior to stop and it hasn't, then she may be experiencing sexual harassment. Actions like this may be part of the reason why more than 20 percent of all working women have reported instances of sexual harassment at work. (Source: Bruce Ayers/Stone/Getty Images, Inc.)
Lilly Ledbetter sued her employer, Goodyear Tire & Rubber after discovering that she was being paid less than male co-workers with similar jobs. The Supreme Court ruled in 2007 that she needed to file the discrimination claim within 180 days of the discriminatory pay decision. The Lilly Ledbetter Fair Pay Act was passed in 2009, allowing claims to be filed within 180 days of each paycheck that is discriminatory. The photo shows Ledbetter with President Obama as he signs the act into law.
comparable worth Equal pay for jobs similar in skills, responsibility, working conditions, and effort.
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DID YOU KNOW?
EEOC Reaches Out to Young Workers Remember your first job? The one where you received your first real pay that wasn't from Mom and Dad? If you're like most young workers, there's a lot you probably didn't know about the world of work at that point. Many young workers are shy about even asking how much they make per hour and find out only when they receive that first check.
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(Source: Courtesy U.S. Equal Opportunity Employment Commission)
Unfortunately youth and inexperience make young workers easy targets for sexual harassment and employment discrimination. Consider these situations: ■
A 16-year-old girl working at a Burger King franchise tried to complain when her 35-year-old manager made suggestive comments, rubbed up against her and tried to kiss her. The manager became mad when she complained, fired her, rehired her and continued the harassment. When the girl couldn't find a number to report the manager to the franchise owner, her mother went to the restaurant and
discussed the situation with a shift supervisor. The manager became angry and the girl was fired again. The courts found that the franchise owner made it difficult for the girl to find a number to report the abuse and found in favor of the girl.83 Three girls including two 17-year-old high school students employed at a Jiffy Lube franchise complained that supervisors and co-workers made lewd gestures and sexually explicit comments. The franchise was ordered to pay $300,000 to the three employees.84 Two young men were told that Wal-Mart had no positions available for them because they were deaf. Five years after complaining to the EEOC, the young men were each awarded $66,250 in back pay, positions at the store, seniority from the time they originally applied and a sign language interpreter for orientation, training, and meetings. Wal-Mart was also ordered to pay legal fees and make many modifications to their hiring and training processes to accommodate people with disabilities.85
"Teens are particularly vulnerable because they are new to the workplace, they are impressionable and are more likely than not to be at the bottom rung," says Jocelyn Samuels, vice president for education and employment with the National Women's Law Center. "They feel less authorized to complain and they may not know that procedures are available to them."86 The EEOC has taken up the cause of young workers' rights with a Web site called "Youth At Work" at http://youth.eeoc.gov. The site includes information on employee rights using real cases and interactive self-quizzes. The EEOC is also reaching out to young workers with "Youth At Work" outreach events, partnerships and linking with MTV at www.mtv.com. Their intent is to educate a new generation of workers about their rights and responsibilities as they approach their first job.
take the Equal Pay Act one step further. Under such an arrangement, factors present in each job, for example, skills, responsibilities, working conditions, and effort, are evaluated. A pay structure is based solely on the presence of such factors on the job. The result is that dissimilar jobs equivalent in terms of skills, knowledge, and abilities are paid similarly. The point of the comparable worth issue revolves around the economic worth of jobs to employers. If jobs are similar, even though they involve different occupations, why shouldn't they be paid the same? The concern here is one of pay disparities: women still earn less than men. While the disparity is lessening, the fact remains that despite significant progress in affirmative action for women, many may have reached a plateau in their organization. That is, laws may prohibit organizations from keeping qualified women out of high-paying positions, but a "glass ceiling" appears to be holding them down. This is at the very heart of the largest class action lawsuit ever allowed by federal courts. Dukes v. Wal-Mart represents more than two million women who have worked at any of the employer's 4,000 stores in the United States since 1998. This case alleges that Wal-Mart discouraged the promotion of women into managerial positions. It also claims that women have been paid less than men across all job categories. The lawsuit seeks changes in Wal-Mart's procedures of promoting and paying women, plus more than $1 billion in back pay and damages. The suit is likely to take years to work through
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the court system and will have a broad impact on the way Wal-Mart and other employers look at compensation and promotion of women and minorities.87 The glass ceiling description reflects why women and minorities aren't more widely represented at the top of today's organizations. The glass ceiling is not, however, synonymous with classic discrimination. Rather, according to the Glass Ceiling Commission, it indicates "institutional and psychological practices, and the limited advancement and mobility of men and women of diverse racial and ethnic backgrounds."88 It appears that despite significant gains by minorities and women in entry to organizations, women hold less than 16 percent of senior management positions in the United States.89 Women in other parts of the world fare a little better. The percentage of women in senior managerial positions worldwide grew from 19 percent to 20 percent between 2004 to 2008. Women in the Philippines hold 50 percent of senior managerial positions followed by Brazil with 42 percent and Thailand with 39 percent. In Japan, only 7 percent of top management positions are held by women.90 To begin to correct this invisible barrier, the OFCCP is expanding its audit compliance reviews. In these reviews, the auditors look to see if government contractors do indeed have training and development programs operating to provide career growth to the affected groups. Should these be lacking, the OFCCP may take legal action to ensure compliance. For example, an audit of the Coca-Cola Company revealed several violations. Consequently, Coca-Cola, while admitting no wrongdoing, made several internal changes to improve the career opportunities of both women and minorities.91 Beyond those organizations covered under the OFCCP, others are implementing policies and changing their organizations' cultures to enhance opportunities for women and minorities.92
glass ceiling The invisible barrier that blocks females and minorities from ascending into upper levels of an organization.
WORKPLACE ISSUES
If It's Offensive . . . Sexually explicit language. Obscene jokes. Suggestive remarks. Inappropriate touching. Sharing a questionable e-mail or photo. Some employees would find some or all behaviors on that list offensive. The fact that some people are offended by some or all of the above can place those actions squarely under the heading of "sexual harassment." Although offering or demanding sexual favors in return for rewards in the workplace clearly qualifies as sexual harassment or sex discrimination, a harder-to-recognize kind of harassment is defined by the EEOC. Such conduct "has the purpose or effect of unreasonably interfering with another employee's job performance or creating an intimidating, hostile or offensive work environment." Title VII of the 1964 Civil Rights Act prohibits sexual harassment. Any behavior that may be perceived as harassment is prohibited. Suppose someone is told that keeping his or her job or receiving a raise or plum assignment depends on submitting to sexual advances or granting sexual favors; that's sexual harassment, pure and simple. If it happens to you, report it immediately—to the ethics hotline, to your supervisor, or to another supervisor. The reverse situation—offering sexual favors for a job, an assignment, or a raise—can also be sexual harassment. When an employee gains job advantages in exchange for sex, it's discrimination against other employees, and that's illegal conduct as well. Everyone loses. A hostile work environment is one where sexual conduct between coworkers is offensive to either one of them or to an
observer, and that may include the actions listed above. Sexual harassment can have negative effects on employees and on the company. It can lead to reduced productivity. An employee trapped in work areas where sexual harassment is tolerated is under stress and becomes less productive. Customers may gain an unfavorable impression of the company's professionalism if they see harassment being tolerated. Supervisors or coworkers can report sexual harassment they observe, resulting in an investigation and discipline of those involved. Knowing what is and what is not acceptable and being sensitive to others' feelings is extremely important. But what if you believe you are being harassed? A word to the offender might be enough. That person may be unaware of your sensitivity to the behavior. If that doesn't work, report the behavior to your supervisor or another manager, to labor or employee relations, or to the president of the company if you have to. Education and training play an important role in cultivating an environment free of harassment.93 Managers throughout many companies have received training in identifying and eliminating sexual harassment problems. Additional training in larger organizations is usually offered by human resources. Some people may fear that their complaints will be ignored or that reporting an incident will become a negative in their work record. Neither is the case. Companies should take all complaints of sexual harassment seriously and investigate each thoroughly and discreetly.94 Both sides are considered, and disciplinary action is often taken against proven violators, as well as those who make false accusations.
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HRM in a Global Environment Does HRM face the same laws globally? In other words, are the laws discussed here the same throughout the world? The simple answer to that question is unequivocally no. Unfortunately, there are not enough pages in this text to adequately cover the laws affecting HRM in any given country. What we can do, however, is to highlight some of the differences and suggest that you need to know the laws and regulations that apply in your locale. To illustrate how laws and regulations shape HRM practices, we can highlight some primary legislation that influences HRM practices in China, Canada, Mexico, Australia, and Germany. Manufacturing wages in China reportedly average sixty-four cents an hour and Chinese laws protect workers with vary by region. However, that figure is based on a forty-hour week, which isn't very comminimum wages, 40 hour work weeks, mon. In fact, sixty to a hundred-hour weeks are much more common, bringing down safety regulations, and restrictions on the average closer to an estimated 42 cents an hour. Companies such as Wal-Mart audit layoffs. Factories routinely get around factories they do business with to make sure they are in compliance with labor laws, but these restrictions by keeping two sets of have found that falsification of payroll records is widespread. Chinese factories attempt books that hide actual workweeks up to to appear to be in compliance with required conditions by keeping two sets of books one hundred hours. (Source: Lou and thus hiding true production figures. Linwel/Alamy) This creates a challenge for factories that comply with forty-hour workweeks and safety regulations. Skilled workers are so eager to get longer hours that they frequently leave for factories that disregard the laws and give them more hours. A common complaint is that factories struggle to meet the low prices demanded by their foreign partners and are forced to skirt labor laws just to stay in business. China is sensitive to criticism and has enacted laws meant to protect laborers. The new Chinese Labor Contracts Law requires employers to offer contracts to all workers and restricts conditions for layoffs and dismissals. Canadian laws pertaining to HRM practices closely parallel U.S. laws. The Canadian Human Rights Act provides federal legislation that prohibits discrimination on the basis of race, religion, age, marital status, sex, physical or mental disability, or national origin throughout the country. Canada's HRM environment, however, differs somewhat from that in the United States; more lawmaking is done at the provincial level in Canada. For example, discrimination on the basis of language is prohibited nowhere in Canada except Quebec. In Mexico, employees are more likely to be unionized than they are in the United States. Labor matters are governed by the Mexican Federal Labor Law. One law regarding hiring states that an employer has twenty-eight days to evaluate a new employee's work performance. After that period, the employee is granted job security, and termination is quite difficult and expensive. Infractions of the Mexican Federal Labor Law are subject to severe penalties, including criminal action. This means that high fines and even jail sentences can be imposed on employers who fail to pay, for example, the minimum wage. Australia's discrimination laws were not enacted until the 1980s. The laws that exist, however, generally apply to discrimination and affirmative action for women. Yet gender opportunities for women in Australia appear to lag behind those in the United States. In Australia, a significant proportion of the workforce is unionized. The higher percentage of unionized workers has placed increased importance on industrial relations specialists in Australia and reduced the control of line managers over workplace labor issues. In 1997, Australia overhauled its industrial labor relations laws with the objective of increasing productivity and reducing union power. The Workplace Relations Bill gives employers greater The goal of representative participation is flexibility to negotiate directly with employees on pay, hours, and bento redistribute power within an organizaefits. It also simplifies regulation of labor–management relations. tion, putting labor on a more equal footing Our final country, Germany, is similar to most Western European countries when it comes to HRM practices. Legislation requires companies with the interests of management and to practice representative participation. The goal of representative particistockholders. pation is to redistribute power within the organization, putting labor on a more equal footing with the interests of management and stockholders.
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Summary
The two most common forms that representative participation takes are work councils and board representatives. Work councils link employees with management. They are groups of nominated or elected employees who must be consulted when management makes decisions involving personnel. Board representatives are employees who sit on a company's board of directors and represent the interests of the firm's employees.
Summary (This summary relates to the Learning Outcomes identified on page 56.) After having read this chapter you can now 1. Identify the groups protected under the Civil Rights Act of 1964, Title VII. The Equal Employment Opportunity Act of 1972 is an important amendment to the Civil Rights Act of 1964, as it granted the EEOC enforcement powers to police the provisions of the act. The Civil Rights Act of 1964, Title VII, gives individuals protection on the basis of race, color, religion, sex, and national origin. In addition to those protected under the 1964 act, amendments to the act, as well as subsequent legislation, give protection to the disabled, veterans, and individuals over age forty. In addition, state laws may supplement this list and include categories such as marital status. 2. Discuss the importance of the Equal Employment Opportunity Act of 1972. The Equal Employment Opportunity Act of 1972 is an important amendment to the Civil Rights Act of 1964 as it granted the EEOC enforcement powers to police the provisions of the act. 3. Describe affirmative action plans. Affirmative action plans are good-faith efforts by organizations to actively recruit and hire protected group members and show measurable results. Such plans are voluntary actions by an organization. 4. Define what is meant by the terms adverse impact, adverse treatment, and protected group members. An adverse impact is any consequence of employment that results in a disparate rate of selection, promotion, or termination of protected group members. Adverse treatment occurs when members of a protected group receive different treatment than other employees. A protected group member is any individual who is afforded protection under discrimination laws. 5. Identify the important components of the Americans with Disabilities Act of 1990. The Americans with Disabilities Act of 1990 provides employment protection for individuals who have qualified disabilities. The act also requires organizations to make reasonable accommodations to provide qualified individuals access to the job. 6. Explain the coverage of the Family and Medical Leave Act of 1993. The Family and Medical Leave Act grants up to twelve weeks of unpaid leave for family or medical matters. 7. Discuss how a business can protect itself from discrimination charges. A business can protect itself from discrimination charges first by having HRM practices that do not adversely affect protected groups, through supported claims of job relatedness, bona fide occupational qualifications, or a valid seniority system. 8. Specify the HRM importance of the Griggs v. Duke Power case. Griggs v. Duke Power was one of the most important Supreme Court rulings that pertain to EEO. Based on this case, items used to screen applicants had to be related to the job. Additionally, post–Griggs, the burden was on the employer to prove discrimination did not occur. 9. Define what constitutes sexual harassment in today's organizations. Sexual harassment is a serious problem existing in today's enterprises. Sexual harassment is defined as any verbal or physical conduct toward an individual that (1) creates an intimidating, offensive, or hostile environment; (2) unreasonably interferes with an individual's work; or (3) adversely affects an employee's employment opportunities.
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10. Discuss what is meant by the term glass ceiling. The glass ceiling is an invisible barrier existing in today's organizations that keeps minorities and women from ascending to higher employment levels in the workplace. 11. Identify legal issues faced when managing HR in a global environment. International employment law differs widely, reflecting government and culture. Laws and wages in China are enforced loosely and deceptive practices are widespread. Canadian laws are quite similar to U.S. laws. Mexican and Australian employees are likely to be unionized, and German employees are given more representation in company decisions than most countries.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
What is the Civil Rights Act of 1964 and whom does it protect? What are the implications of the Griggs v. Duke Power case for HRM? What is an adverse impact? How does it differ from adverse treatment? What is meant by reasonable accommodation as it pertains to the Americans with Disabilities Act of 1990? What is "business necessity" as it applies to equal employment opportunity? What job protection is offered to veterans? In what ways do employment laws differ in a global environment? Identify and explain how organizations can use BFOQs or seniority systems to defend charges of discrimination. What is sexual harassment? Identify and describe the three elements that may constitute sexual harassment. What are the arguments for a glass ceiling existing in today's organizations?
Key Terms adverse (disparate) impact adverse (disparate) treatment affirmative action Age Discrimination in Employment Act (ADEA) Albemarle Paper Company v. Moody Americans with Disabilities Act of 1990 bona fide occupational qualification (BFOQ)
Civil Rights Act of 1866 Civil Rights Act of 1964 Civil Rights Act of 1991 comparable worth Equal Employment Opportunity Act (EEOA) Equal Employment Opportunity Commission (EEOC) Family and Medical Leave Act of 1993 4/5ths rule
glass ceiling Griggs v. Duke Power Company hostile environment harassment McDonnellDouglas Corp. v. Green Pregnancy Discrimination Act of 1978 quid pro quo harassment reasonable accommodations reverse discrimination seniority systems
sexual harassment Title VII Uniformed Services Employment and Reemployment Rights Act of 1994 Wards Cove Packing Company v. Atonio
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Developing Diagnostic and Analytical Skills
HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. "Affirmative action does not work. When you're hired under an affirmative action program, you're automatically labeled as such and are rarely recognized for the value that you can bring to an organization." Do you agree or disagree with the statement? Defend your position. 2. Given that the white male is becoming a "minority" in the workplace, they should be afforded affirmative action protection. Do you agree or disagree with this? Explain your rationale.
3. "If all organizations would hire based solely on the ability to do the job, there would be no need for equal employment opportunity laws." Do you agree or disagree? Defend your position. 4. "Sexual harassment occurs between two people only. The company should not be held liable for the actions of a few wayward supervisors." Do you agree or disagree with this statement? Explain.
Developing Diagnostic and Analytical Skills Case Application 3-A: DIVERSITY IS THE NEW COLOR THIS YEAR Carla Grubb was hired at Abercrombie & Fitch for what she believed was a job on the sales floor. Instead, she found herself dusting, cleaning windows, and vacuuming the store. "I was always doing cleaning— they said I was a good window washer," said Ms. Grubb who happens to be black. "I should have received the same treatment as everyone else. It made me feel bad. No one should be judged by the color of their skin."95 The EEOC agreed with Grubb and filed suit against Abercrombie & Fitch for recruiting employees based on an image the company wanted to project and staffing their stores with sales people who were overwhelmingly white and athletic, just like their advertising and in-store photos. Minority applicants found themselves hired only to do low visibility and back-of-the-store jobs like stocking and cleaning up, often after retail hours. The company was also found to have refused to hire minority students with impressive work and school records. The percentage of minority managers at Abercrombie stores was far below industry averages.
Abercrombie settled the suit to the tune of $50 million.96 They didn't admit any guilt, but did agree to do a better job of hiring and promoting minorities and depicting more minorities in their advertisements and catalogs. Questions: 1. Suggest several ways that Abercrombie & Fitch can increase their number of minority employees to an appropriate level. 2. Can employers maintain a certain "look" or "image" to their retail sales force and not violate EEOC regulations? Explain with examples. 3. Take a look at the Abercrombie & Fitch Web site (www. abercrombie.com) or visit an Abercrombie & Fitch store. What evidence do you see that they are making progress toward their diversity goals? 4. Are there other employers that you would suggest could make a better effort at diversity? Can their lack of diversity be justified with Bona Fide Occupational Qualifications (BFOQ)?
Case Application 3-B: WHEN OVERSIGHT FAILS What's in a job? For most workers, jobs entail specific and routine work activities. These work activities generally take place on the employer's premise where many different people come together to achieve certain goals. There should be, however, one common element to all work activities—whatever occurs in the office should be related to organizational efforts. Every once in a while, though, this concept evades some employers. When it does, it may be a costly lesson for the organization. Consider the lesson learned at Federal Express regarding an incident that happened in FedEx's Middletown, Pennsylvania, facility.97 Marion Shaub worked for FedEx at its Middletown facility. At the time of her employment, Shaub was the only female tractortrailer driver who worked for FedEx in this facility. Although being the only female in this often male-dominated job initially brought about some gentle kidding, the jokes and actions by fellow employees gradually turned ugly. Shaub was often subjected
to anti-female comments and questioned as to why she wanted to work a man's job. Shaub tried to ignore the comments directed toward her, but they became more pronounced and mean-spirited. Although she was attempting to do her job to the best of her abilities, the comments got nastier. She eventually saw them as threats against her. And that's where, in Shaub's mind, the line had been crossed. Shaub reported to her supervisor that the "guys" were creating a threatening work environment for her. She had hoped that her male supervisor would speak to fellow employees and have such abuse stopped. But it didn't work out that way. Instead, after filing her complaint, Shaub was subjected to even more abuse, this time including the sabotage of the brakes of her truck. Moreover, as a general rule, when a package is over a certain weight, two FedEx employees are expected to handle the carton. When Shaub had such a package, she found that no one would help her.
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To Shaub's dismay, FedEx officials in the Middletown facility did nothing to stop the harassment. Her complaints and requests for help fell on deaf ears. Finally, in desperation, she filed a suit against FedEx for sex discrimination and retaliation. Under federal discrimination laws, it's the employer's responsibility to ensure that the workplace is safe and free from any form of discrimination. Regardless of employees' background, gender, age, and the like, individuals are not to be treated differently. But when discrimination occurs and management does little or nothing about it, the organization can be held liable. For FedEx, Shaub's experiences proved a painful lesson. After conducting an investigation and finding her accusations to be factual, the EEOC awarded Shaub more than $3 million. This included
Working with a Team
Questions: 1. Where do you believe HR failed Marion Shaub in this case? Explain. 2. What do you believe FedEx must do differently to ensure that such an event does not occur again? 3. What effect on (a) corporate image and (b) attracting female employees to the organization do you believe this case has had on FedEx? Describe.
WHAT'S YOUR PERCEPTION?
Could these situations demonstrate sexual harassment or prohibitive behaviors? Answer true or false to each question. Make whatever assumptions you need to make to form your opinion. Form into groups of three or four students and discuss each of your responses. Where differences exist, come to some consensus on the situation. Suggested responses are in the Endnotes section in the back of this book.98 1. A female supervisor frequently praises the work of a highly competent male employee. 2. A male employee prominently posts a centerfold from a female pornographic magazine. 3. A female employee voluntarily accepts a date with her male supervisor. 4. A male employee is given favored work assignments in exchange for arranging dates for his boss. 5. Male employees put rubber snakes, spiders, and mice in the lunch box of a female co-worker because she screams when she is surprised by them. Male co-workers do not receive the same kind of teasing.
Learning an HRM Skill
monies for her lost wages, for the pain and suffering she endured, and $2.5 million in punitive damages as punishment because FedEx didn't protect her civil rights as an employee.
6. A client pressures a female salesperson for dates and sexual favors in exchange for a large purchase. 7. A female requests that her male assistant stay in her hotel room to save on expenses while out of town at a conference and holds acceptance as a job condition for continued employment. 8. A male has asked two female co-workers to stop embarrassing him by telling jokes of a sexual nature and sharing their sexual fantasies, but they continue, telling him a "real man wouldn't be embarrassed." 9. Although he has shared with his co-worker that rubbing his shoulders and arms, calling him "Babe" in front of his co-workers, and pinching him is offensive, she continues to touch him in a way that makes him feel uncomfortable. 10. Al tells Marge an offensive joke, but when Marge says "Al, I don't appreciate your nasty jokes," Al responds, "I'm sorry, Marge, you're right, I shouldn't have told that one at work."
INVESTIGATING A HARASSMENT COMPLAINT
About the skill: Harassment, sexual or otherwise, is a major issue for today's organizations. Given the rulings at all court levels, organizations can and should limit their liability. Below are nine recommended steps. 1. Issue a sexual harassment policy describing what constitutes harassment and what is inappropriate behavior. Just stating that harassment is unacceptable at your organization is not enough. This policy must identify specific unacceptable behaviors. The more explicit these identifications, the less chance of misinterpretation later on. 2. Institute a procedure (or link to an existing one) to investigate harassment charges. Employees, as well as the courts, need to understand what avenue is available for an employee to levy a complaint. This, too, should be clearly stated in the policy and widely disseminated to employees. 3. Inform all employees of the sexual harassment policy. Educate employees (via training) about the policy and how it will be enforced. Don't assume that the policy will convey the information simply because it is a policy. It must be effectively
communicated to all employees. Some training may be required to help in this understanding. 4. Train management personnel in how to deal with harassment charges and in what responsibility they have to the individual and the organization. Poor supervisory practices in this area can expose the company to tremendous liability. Managers must be trained in how to recognize signs of harassment and where to go to help the victim. Because of the magnitude of the issue, a manager's performance evaluation should reinforce this competency. 5. Investigate all harassment charges immediately. All means all— even those that you suspect are invalid. You must give each charge of harassment your attention and investigate it by searching for clues, witnesses, and so on. Investigating the charge is also consistent with our societal view of justice. Remember, the alleged harasser also has rights. These, too, must be protected by giving the individual the opportunity to respond. You may also have an objective party review the data before implementing your decision.
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Enhancing Your Communication Skills 6. Take corrective action as necessary. Discipline the harassers and "make whole" the harassed individual. If the charge can be substantiated, you must take corrective action, up to dismissing the harasser(s). If the punishment does not fit the crime, you may be reinforcing or condoning the behavior. The harassed individual should also be given whatever was taken away. For example, if the sexual behavior led to an individual's resignation, making the person whole would mean reinstatement, with full back pay and benefits. 7. Continue to follow up on the matter to ensure that no further harassment occurs or that retaliation does not occur. One concern individuals have in coming forward with sexual harassment charges is the possibility of retaliation against them—especially if the harasser has been disciplined. Continue to observe what affects these individuals through follow-up conversations with them.
83 8. Periodically review turnover records to determine if a potential problem may be arising. This may be EEO audits, exit interviews, and the like. A wealth of information at your disposal may offer indications of problems. For example, if only minorities are resigning in a particular department, that may indicate that a serious problem exists. Pay attention to your regular reports and search for trends that may be indicated. 9. Don't forget to privately recognize individuals who bring these matters forward. Without their courageous effort, the organization might have been faced with tremendous liability. These individuals took a risk in coming forward. You should show your appreciation for that risk. Besides, if others know that such risk is worthwhile, they may feel more comfortable in coming to you when any type of problem exists.
Enhancing Your Communication Skills 1. Several Supreme Court cases relating to sexual harassment were decided in the early 2000s. Visit the Supreme Court's Web site (www.supremecourtus.gov) and research these cases. Then provide a three- to five-page write-up regarding the implications these cases had for same-sex harassment, responsibilities of management in sexual harassment matters, and the determination of harassment even when an implied threat is not carried out. 2. Contact your local EEO office (may be called Human Rights Commission or Fair Employment Practice Agencies). Deter-
mine what equal employment opportunity laws exist in your state that go beyond those required under federal law. Provide a two- to three-page write-up of your findings. 3. Visit your college's EEO/Affirmative Action officer. Find out what specific EEO requirements on your campus affect students, faculty, and staff in matters such as recruiting, promotion, sexual harassment, and so on. Provide a two- to three-page write-up of your findings.
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Chapter 4 Employee Rights and Discipline Learning Outcomes After reading this chapter, you will be able to
1
Explain the intent of the Privacy Act of 1974, the Drug-Free Workplace Act of 1988, and the Polygraph Protection Act of 1988 and their effects on HRM.
2
Describe the provisions of the Worker Adjustment and Retraining Notification Act of 1988.
3 4 5 6
Identify the pros and cons of employee drug testing.
7
Define discipline and the contingency factors that determine the severity of discipline.
8 9
Describe the general guidelines for administering discipline.
10
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Discuss the benefits of using honesty tests in hiring. Explain legal and ethical issues involved in monitoring employees. Discuss the implications of the employment-at-will doctrine and identify the five exceptions to it.
Explain the elements of the Hot Stove Rule and their application to discipline in the workplace. Identify important procedures to follow when firing an employee.
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ow many times have you called a customer service number and heard "this call may be recorded for quality assurance"? Have you ever wondered if those conversations really are recorded? What if the conversation was not business related, could the organization listen in on that call too? How far can a manager or business owner go when monitoring the behavior of employees? Can they listen to employee phone conversations? Under what circumstances? What if the manager suspected an employee was spreading rumors, saying something uncomplimentary about the manager, or disclosing confidential information to a competitor? Does that make a difference? A few years ago, Wayne Cady was fired from his position of vice president of sales at IMC Mortgage when the president of the company, Harry Struck, overheard Cady use "salty language" to describe him to a colleague during a phone call. Following the conversation, Struck gave Cady an extremely poor performance evaluation and required him to meet several specific performance conditions or be fired. Cady was unable to meet those qualifications and was fired two months later. Cady felt the firing was wrong, and sued Struck. During trial testimony, Struck admitted that the phone system allowed him to secretly listen to employee conversations and he had listened to several of Cady's. Other employees then related that they suspected Struck of listening to their personal conversations. One employee explained that after discussing a personal matter on the phone with someone outside the company, Struck
H
was able to repeat some of the conversation verbatim.1 The court held that although Struck had some right to monitor employee conversations, he went too far in listening to conversations that were not related to the business. Two fundamental requirements must be met for employers to legally listen in on employee phone conversations. The monitoring must be done as part of the ordinary course of the business, and management must notify the parties or obtain their consent.2 This means that an employer can listen to a conversation only long enough to determine if it is personal or related to business.3 If personal, the employer must stop listening. If business related, the employer may listen and possibly use the conversation in a disciplinary action. For example, suppose an employer hears his employee offering
to divulge privileged product information to a competitor. The safest thing for employers to do is to notify all employees that the workplace doesn't provide much privacy. Phone conversations, e-mail, voicemail, Internet use, and even employee movement throughout the place of business are all pretty much fair game. The employee handbook would be a great place for that notification. Employers may also ask new employees to sign a statement that they understand the monitoring policy. Some states have additional laws about the privacy of phone conversations, but employees should understand that the best way to protect private conversations is to use their own cell phones when they're on break. Now that you know how much you can monitor, will you do it? How much? Your answer may be recorded for quality assurance . . .
(Source: iStockphoto)
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Introduction Employee rights such as privacy have become one of the more important issues for human resource management. Individuals are guaranteed certain rights based on amendments to the U.S. Constitution. For instance, the Fourth Amendment prohibits illegal searches and seizures by the government or its agents. However, this does not exclude those outside the government, such as businesses, from such an activity. Are employers all-powerful in this arena? No! In fact, in more situations— such as terminating an employee or maintaining health files on employees for insurance purposes—such organizational practices may be more constrained. Consequently, various laws and Supreme Court rulings continue to establish guidelines for employers dealing with employee privacy and other matters. Let's turn to these laws.
Employee Rights Legislation and the HRM Implications Over the past few decades, federal laws have given specific protection to employees. These laws include the Privacy Act of 1974, the Drug-Free Workplace Act of 1988, the Employee Polygraph Protection Act of 1988, and the Worker Adjustment and Retraining Notification Act of 1988. Let's briefly explore each of these.
The Privacy Act of 1974
Privacy Act of 1974 Requires federal government agencies to make information in an individual's personnel file available to him or her.
When an organization begins the hiring process, it typically establishes a personnel file for that person. The file is maintained throughout a person's employment. Any pertinent information, such as the completed application, letters of recommendation, performance evaluations, or disciplinary warnings, is kept in the file. Originally, the contents of these files often were known only to those who had access to them—usually managers and HRM personnel. The Privacy Act of 1974 sought to change that imbalance of information. This act, applicable only to federal government agencies, requires that an employee's personnel file be open for inspection.4 This means that employees are permitted to review their files periodically to ensure that the information contained within is accurate. The Privacy Act also gives these federal employees the right to review letters of recommendation written on their behalf. Even though this act applies solely to federal workers, it provided impetus for state legislatures to pass similar laws governing employees of state- and private-sector enterprises. This legislation is often more comprehensive and includes protection regarding how employers disseminate information on past and current employees. For HRM, a key question is how employees should be given access to their files. Although the information contained within rightfully may be open for inspection, certain restrictions must be addressed. First, any information the employee has waived his or her right to review must be kept separate. For instance, job applicants often waive their right to see letters of recommendation written for them with the intent that the person writing the letter will be more objective. When that happens, human resources is not obligated to make that information available to the employee. Second, an employee can't simply demand to immediately see his or her file; there is typically a twenty-four-hour turnaround time. Consequently, organizations frequently establish special review procedures. For example, whether the employee can review the file alone or only in the presence of an HRM representative is up to
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each organization. In either case, personnel files generally are not permitted to leave the HRM area. And although an individual may take notes about the file's contents, copying the file often is not permitted. The increasing use of computers in HRM has complicated the issue of file reviews. Because much of this information is now stored in computerized employee data systems, access has been further constrained. Although human resource information systems are on secure computer systems, appropriate access to this information should not be any different from a paper file; employees still have a right to see the information about themselves, regardless of where it is kept. Gaining entry into computerized information, however, can be a more time-consuming process. Many times, such access requires certain security clearances to special screens—clearance not available to everyone. However, as techCredit report information used in nology continues to improve, HRM will be better able to implement employment decisions must be job relevant. procedures to give employees access, while simultaneously protecting the integrity of the system.
The Fair Credit Reporting Act of 1971 Companies are also being held accountable to the Fair Credit Reporting Act of 1971, an extension to the Privacy Act. In many organizations, the employment process includes a credit check on the applicant. The purpose of such checks is to obtain information about the individual's "character, general reputation," and various other personal characteristics. Typically, companies can obtain this information by two approaches. The first is through a credit reporting agency, similar to the process in a loan application. In this instance, the employer is required to notify the individual that a credit report is being obtained. However, if an applicant is rejected based on information in the report, the individual must be provided a copy of the credit report, as well as a means for appealing the accuracy of the findings. The second type of credit report is obtained through a third-party investigation. Under this arrangement, not only is the individual's credit checked, but people known to the applicant are interviewed regarding the applicant's lifestyle, spending habits, and character. For an organization to use this type of approach, the applicant must be informed of the process in writing and, as with the credit report, must be notified of the report's details if the information is used to negatively affect an employment decision. Keep in mind, however, that how the information is used must be job relevant. If, for example, an organization denies employment to an individual who once filed for bankruptcy, and this information has no bearing on the individual's ability to do the job, the organization may be opening itself up to a challenge in the courts.
The Drug-Free Workplace Act of 1988 The Drug-Free Workplace Act of 1988 was passed to help keep the problem of substance abuse from entering the workplace. Under the act, government agencies, federal contractors, and those receiving federal funds ($25,000 or more) are required to actively pursue a drug-free environment. In addition, the act requires employees who hold certain jobs in companies regulated by the Department of Transportation (DOT) and the Nuclear Regulatory Commission to be subjected to drug tests. For example, long-haul truck drivers, regulated by the DOT, are required to take drug tests. Other stipulations address organizations covered under this act. For example, the enterprise must establish its drug-free work environment policy and disseminate it to its employees. This policy must spell out employee expectations in terms of being substance free and infraction penalties. In addition, the organization must provide substance-abuse awareness programs to its employees.
Fair Credit Reporting Act of 1971 Requires an employer to notify job candidates of its intent to check into their credit.
Drug-Free Workplace Act of 1988 Requires specific government-related groups to ensure that their workplace is drug free.
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No doubt this act has created difficulties for organizations. To comply with the act, they must obtain information about their employees. The whole issue of drug testing in today's companies is a major one, and we'll come back to its applications later in this chapter.
The Polygraph Protection Act of 1988
Can an organization use a polygraph in its HRM activities? Generally speaking, no. However, under certain circumstances (such as assisting in resolving an employee theft when a chief suspect has been identified) and for certain jobs (such as those involving security), they can and do. (Source: Tek Image/Photo Researchers, Inc.)
Polygraph Protection Act of 1988 Prohibits the use of lie detectors in screening all job applicants.
As a criminal investigation analyst applicant for the Federal Bureau of Investigation (FBI), you are asked to submit to a polygraph test as a condition of employment. Unsure of what will transpire, you agree to be tested. During the examination, you are asked if you have ever used the drug Ecstasy. You respond that you never have, but the polygraph records that you are not telling the truth. Because suspicion of illegal substance use is grounds for disqualification from the job, you are removed from consideration. Can this organization use the polygraph information against you? If the job involves security operations, it can! The Polygraph Protection Act of 1988 prohibits employers in the private sector from using polygraph tests (often referred to as lie-detector tests) in all employment decisions.5 Based on the law, companies may no longer use these tests to screen all job applicants.6 The act was passed because polygraphs were used inappropriately. In general, polygraph tests have been found to have little job-related value, which makes their effectiveness questionable.7 However, the Employee Polygraph Protection Act did not eliminate their use in organizations altogether. The law permits their use, for example, when theft occurs in the organization, but this process is regulated, too. The polygraph cannot be used in a "witch hunt." For example, the Employee Polygraph Protection Act prohibits employers with a theft in the organization from testing all employees in an attempt to determine the guilty party. However, if an investigation into the theft points to a particular employee, then the employer can ask that employee to submit to a polygraph. Even in this case, however, the employee has the right to refuse to take a polygraph test without fear of retaliation from the employer. And in cases in which one does submit to the test, the employee must receive, in advance, a list of questions that will be asked. Furthermore, the employee has the right to challenge the results if he or she believes the test was inappropriately administered. Exhibit 4-1 contains the Department of Labor's Notice of Polygraph Testing explaining employee rights.
The Worker Adjustment and Retraining Notification Act of 1988
Worker Adjustment and Retraining Notification (WARN) Act of 1988 Specifies for employers' notification requirements when closing down a plant or laying off large numbers of workers.
During their restructuring and eventual sale to Whirlpool, Maytag closed a factory in Galesburg Illinois, putting 1,600 employees out of work and closed the original Maytag facility in Newton, Iowa, idling another 2,600 employees.8 These small communities would have been economically devastated if they were not given advance notice of the closings and loss of jobs. The Worker Adjustment and Retraining Notification (WARN) Act of 1988,9 sometimes called the Plant Closing Bill, places specific requirements on employers considering significant changes in staffing levels. Under WARN, an organization employing one hundred or more individuals must notify workers sixty days in advance if it is going to close its facility or lay off fifty or more individuals.10 The state officials with responsibility for displaced workers and local elected officials also must be notified. Should a company fail to provide this advance notice, the penalty is to pay employees a sum of money equal to salary and benefits for each day notification was not given (up to sixty days).11 However, the law does recognize that under certain circumstances, advance notice may be impossible. Assume, for example, a company is having financial difficulties and is seeking to raise money to keep the organization afloat. If they fail and subsequently file for bankruptcy, WARN would not apply.
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Exhibit 4-1 Employee Polygraph Protection Act Notification The U.S. Department of Labor provides employers with free posters to inform employees of their rights. Employers may download this poster and many others at www.dol.gov.
Plant closings, similar to the employee rights issues raised previously, continue to pose problems for human resource management. These laws have created specific guidelines for organizations to follow. None precludes the enterprise from doing what is necessary. Rather, the laws exist to ensure that whatever action the organization takes, it also protects employee rights. A summary of these laws is presented in Exhibit 4-2.
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Exhibit 4-2 Summary of Laws Affecting Employee Rights Employees are entitled to their privacy and to information about employer actions such as accessing credit information, drug testing, or large layoffs.
Law
Effect
Fair Credit Reporting Act
Requires employers to notify individuals that credit information is being gathered and may be used in the employment decision.
Privacy Act
Requires government agencies to make information in an employee's personnel files available to him or her.
Drug-Free Workplace Act
Requires government agencies, federal contractors, and those who receive government monies to take steps to ensure that their workplace is drug free.
Employee Polygraph Protection Act Prohibits the use of lie-detector tests in screening all job applicants. Permits their use under certain circumstances. Worker Adjustment and Retraining Notification Act
Requires employers with one hundred or more employees contemplating closing a facility or laying off fifty or more employees to give sixty days' notice of the pending action.
Current Issues Regarding Employee Rights Recently, emphasis has been placed on curtailing specific employer practices, as well as addressing what employees may rightfully expect from their organizations. These basic issues are drug testing, honesty tests, employee monitoring and workplace security, and workplace romance.
Drug Testing
drug testing The process of testing applicants/ employees to determine if they are using illicit substances.
Previously in our discussion of the Drug-Free Workplace Act, we mentioned the legislation is applicable to certain organizations. However, the severity of substance abuse in organizations has prompted many organizations not covered by this 1988 act to voluntarily begin drug testing. Why? It is estimated that a sizable percentage of the U.S. workforce may be abusing some substance, such as drugs or alcohol.12 Moreover, nearly half of all on-the-job injuries and work-related deaths are attributed to substance abuse. And if that weren't enough, it is estimated that employee substance abuse costs U.S. companies more than $100 billion annually in increased health-care costs, lost productivity, and workplace accidents.13 Making this matter worse are the companies found on the Internet offering "drug-free" urine or other products such as shampoo "guaranteed" to help one pass a drug test.14 As a result of the numbers, many private employers began to implement programs to curb substance-related problems in their organizations.15 For instance, Home Depot and Motorola test all current employees as well as job applicants. In fact, walk into any Home Depot and you'll see prominently displayed at the entrance a sign that says something to the effect that "The employees of this store are drug free. Applicants who cannot pass a drug screening test should not apply." Drug testing is designed to identify the abusers, either to help them overcome their problem (current employees) or avoid hiring them in the first place (applicants). In this arena, many issues arise. For example, what happens if an individual refuses to take the drug test? What happens if the test is positive? Let's look at some possible answers. A major concern for opponents of drug testing is how the process works and how the information will be used. Drug testing in today's organizations should be conducted to eliminate illegal substance use in the workplace, not to catch those using them. For instance, drug testing may make better sense when there is a reason to suspect
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substance abuse or after a work-related accident. Although many might say that the same outcome is achieved, it's the process, and how employees view the process, that matters. In some organizations, individuals who refuse the drug test may be terminated immediately. Although this treatment appears harsh, the ill effect of employing a substance abuser is perceived as too great. But what if that person took the drug test and failed it? Many organizations place these individuals into a rehabilitation program with the intent to help them. However, if they don't accept the help, or later fail another test, they can be terminated. Applicants, on the other hand, present a different story. If an applicant tests positive for substance abuse, that applicant generally drops from consideration. The company's liability begins and ends there—they are not required to offer those applicants any help. But that needn't imply that applicants can't "straighten out" and try again. It is recommended that employers conduct applicant drug testing only after a conditional job offer is made. That is, the job offer is contingent on the applicant passing a drug test. Why require a drug test at this stage? To properly administer the test requires information about one's health and medication record. Posing such questions before making a conditional offer may violate the Americans with Disabilities Act. From all indications, drug testing can lessen the effects of drugs and alcohol on job-related activities: lower productivity, higher absenteeism, and job-related accidents.16 (See Did You Know?) Nonetheless, until individuals believe that the tests are administered properly and employees' dignity is respected, criticism of drug testing is likely to continue. Many results may be false—that is, attributed to legitimate medication, the food one eats, or an improperly handled specimen.17 To help with this concern, companies are moving toward more precise tests—ones that involve no body fluids and some that involve computers.18 As we move forward in drug-testing methodologies, the process should continue to improve. However, we must not forget individuals' rights—especially to privacy. Most employees recognize why companies must drug test but expect to be treated humanely in the process; they also want safeguards built into the process to challenge false tests. And if a problem appears, many may want help, not punishment. Organizations can take several steps to create this positive atmosphere, and this is where HRM comes into play. HRM must issue its policies on substance abuse and communicate them to every employee. The policies must state what is prohibited, under what conditions an individual will be tested, consequences of failing the test, and how testing will be handled. Making clear what is expected, as well as what the company intends to do, can reduce the emotional aspect of this process. Where such policies exist, questions of legality and employee privacy issues are reduced.
DID YOU KNOW?
Why Organizations Conduct Drug Tests Over two-thirds of all U.S. organizations use some form of drug testing—either as a preemployment requirement, a random testing of current employees, or a required test after a workplace accident has happened. Why are companies likely to do this? Consider the following statistics. Substance abusers are:
Utilizing tests that are administered using urine, blood, or hair samples, organizations most commonly look for such substances as marijuana, alcohol, amphetamines, cocaine, opiates such as heroin, and phencyclidine (PCP). Depending on the situation, organizations may also test for such substances as Valium, Ecstasy, LSD, and certain inhalants.
10 times more likely to miss work 5 times more likely to file a workers' compensation claim 3.6 times more likely to be involved in a work-related accident 33 percent less productive than nonusers costing U.S. corporations nearly $100 billion annually
Source: K. Blumberg, "Critical Components of Workplace Drug Testing," SHRM White paper (July 2004), available online at www.shrm.org/hrresources/whitepapers_published/CMS_009212.asp.
■ ■ ■ ■ ■
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Honesty Tests How would you respond to the question: How often do you tell the truth? Would your answer be, "All the time"? What if the potential employer responded, "Sorry, we can't hire you because everyone has stretched the truth at some point in their lives. So you must be lying, and therefore are not the honest employee we desire." What if you answered, "Most of the time" The employer might reply? "Sorry again! We can't afford to hire someone who may not have the highest ethical standards." Sound like a honesty test catch-22? Welcome to the world of honesty tests (sometimes referred to as integrity A specialized question-and-answer test tests). Although polygraph testing has been significantly curtailed in the hiring designed to assess one's honesty. process, employers have found another mechanism that supposedly provides similar information. These integrity tests mostly entice applicants to provide information about themselves that otherwise would be hard to obtain. They tend to focus on two particular areas, theft and drug use, but are not simply indicators of what has happened; typically, they assess an applicant's past dishonest behavior and that individual's attitude toward dishonesty. One would anticipate that applicants would tailor their answers to these questions to avoid "being caught," or would even lie; however, research findings suggest otherwise. That is, individuals frequently perceive that being dishonest may be okay as long as you are truthful about your dishonesty. As such, applicants may discuss questions in such a way that the tests do reveal the information intended. These tests frequently are designed with multiple questions covering similar topic areas, to assess consistency. If consistency in response is lacking, the test may indicate that an individual is being dishonest.19 The effectiveness of these tests, coupled with their costs, which are lower than other types of investigations, has prompted companies to use them in their selection process. In fact, an estimated several thousand organizations are using some variation of honesty tests to screen applicants, testing several million individuals each year.20 Surprisingly, however, companies using these tests seldom reveal that they do. The large use of these tests has provoked questions about their validity and their potential for adverse impact. Research into the effectiveness of honesty testing to date is promising. Although instances have been recorded indicating that individuals have been wrongly misclassified as dishonest, other studies have indicated that they do not create an adverse impact against protected group members.21 Based on Honesty tests typically focus on two areas: the evidence, our conclusion is that these tests may be useful for providtheft and substance abuse. ing more information about applicants but should not be used as the sole criterion in the hiring decision.
Whistle-Blowing
whistle-blowing A situation in which an employee notifies authorities of wrongdoing in an organization.
Over the past few years, more emphasis has been placed on companies being good corporate citizens. Incidents like those that occurred at Enron, and more recently Lehman Brothers, AIG, and Madoff Securities have fueled interest in the area. One aspect of being responsible to the community at large is permitting employees to challenge management's practice without fear of retaliation. This challenge is often referred to as whistle-blowing. Whistle-blowing occurs when an employee reports the organization to an outside agency for what the employee believes is an illegal or unethical practice. In the past, these employees were often subjected to severe punishment for doing what they believed was right.22 Employees of most private employers lack federal whistleblower protection, but may be protected under individual state statutes. The federal government protects employees who report violations under the Sarbanes-Oxley Act, the Consumer Product Safety Act, Occupational Safety and Health Act, and many other federally regulated activities. The extent of state laws and how much protection they afford differ greatly. Many firms have voluntarily adopted policies to permit employees to identify problem
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areas. The thrust of these policies is to have an established procedure whereby employees can safely raise concerns and the company can take corrective action. It is also important to note that passage of the Sarbanes-Oxley Act (see Chapter 2) gave employees protection for whistle-blowing activities if they perceive company wrongdoing. So long as the employee reasonably believes that some inappropriate or fraudulent activities exist in the organization, they are protected from employer retaliation. This is true whether the allegation is correct or not.23
Employee Monitoring and Workplace Security Technology has revolutionized the way we work. It has allowed us to be more productive; to work smarter, not harder; and to bring about efficiencies in organizations impossible two decades ago. It has also provided a means of employee monitoring— what some would call spying on employees!24 Workplace security has become a critical issue for employers. Workplace security focuses on protecting the employer's property, inventory, data, and productivity.25 Employee theft, excessive time spent surfing the Internet, revealing trade secrets to competition, online gambling, viewing online pornography, sending offensive or harassing e-mail, or using the company's customer database for personal gain could damage the company. But how far can this protection extend? Shouldn't we consider employees' rights, too? Yes, but how do we create that balance?26 Consider the following cases: ■
■
■
employee monitoring An activity whereby the company keeps informed of its employees' activities.
Arriving at work one morning, Callie noticed her boss reading her e-mail. Although company managers verbally stated that e-mail messages were private, the company's written policy was different. Her employer contended that it owned the system and accordingly had the right to see what was going on. And he was right! HR has the responsibility to communicate all policies clearly to all managers and employees.27 A disgruntled artist at an animation studio checks around to be sure no coworkers are close enough to his cubicle to see what he's doing. He opens up his personal account and sends an e-mail to a rival movie studio with information about a top-secret movie project his employer is working on. What he didn't count on is that his employer has the ability to monitor any outgoing e-mail, even if it is not from the employer's e-mail accounts. The monitoring software is set up to filter for sensitive information. The animator is caught, sued, and probably won't ever be employed in the industry again.28 The stepfather of a twelve-year-old girl put pictures of the girl on a child pornography Web site using his employer's Internet connection. The girl's mother sued the
DID YOU KNOW
By the Numbers
■ ■ ■ ■
According to the Electronic Monitoring and Surveillance Survey conducted by the American Management Association and the ePolicy Institute, companies reported:36 ■ 83 percent inform workers that they monitor content, keystrokes, and time spent at the keyboard 71 percent alert employees to e-mail monitoring 66 percent monitor Internet use 65 percent block connections to inappropriate Web sites 52 percent use Smartcard technology to monitor building access
■ ■
■ ■ ■ ■ ■ ■ ■ ■
48 percent use video monitoring of workers 45 percent monitor time spent on the telephone and numbers called 43 percent monitor e-mail 33 percent fired workers for Internet misuse 28 percent fired workers for e-mail misuse 24 percent have had e-mail subpoenaed by courts 16 percent record phone conversations 12 percent monitor the blogosphere 9 percent monitor voicemail 2 percent use fingerprint scans
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employer, alleging that the employer had a duty to monitor its systems and prevent misuse. The court found that there was a duty for the employer to guard against abuses and it would be liable for damages.29
Be careful; someone is watching. With technology enhancements, companies can monitor many employee activities. Although some may feel this is intrusive, safety and liability issues almost mandate that employers ensure a safe and proper work environment. (Source: Spencer Grant/PhotoEdit)
workplace romance A personal relationship that develops at work.
Part of the problem here goes back to the balance of security. Abuses by employees— using the company's computer system for gambling purposes, running their own businesses, playing computer games, or pursuing personal matters on company time—have resulted in companies implementing a more "policing" role.30 This can extend, too, to Internet sites, ensuring that employees are not logging on to adult-oriented Web sites.31 Further complicating the situation is the fact that companies issue laptops to log in to company servers remotely, or BlackBerry, iPhone, and other smart phones with Internet connections that blur the line between personal and business use. Employees may have an expectation of privacy in e-mail and Internet when taking company devices home or using them in remote locations. As employee-monitoring issues become more noticeable, keep in mind that employers, as long as they have a policy regarding how employees are monitored, will continue to check on employee behavior.32 The American Management Association asserts that "Technology has provided a capability that we never had before to check up on employees like never before. It's within an organization's right to monitor just about anything you do during work time using work tools."33 Companies need to make clear what is acceptable and what's not acceptable, with examples if necessary. Policies need to be included in employee manuals, explained at employee orientation, even posted on computer log-in screens. Specifically targeted for this monitoring are Internet, e-mail, and the telephone. In fact, it's estimated that most large companies and more than 76 percent of employers monitor their employees' e-mail and Internet usage.34 Employee movement can also be monitored with RFID (radio frequency identification). Boeing Co. uses RFID-embedded badges to track 150,000 employees in seventy countries. The company had to address employees' privacy concerns, including "will they track me in the bathroom," by listening to those concerns and by providing lots of communication.35 RFID technology has caused such concern that two states have passed laws prohibiting the implantation of RFID chips in badges without an employee's consent. Odd as it sounds, at least one company has already offered implantation of RFID chips in the arms of employees who agree to the procedure. As the opportunities for employee monitoring continue to grow, so too will the ethical debate. Organizations need to inform employees about their rights and responsibilities and be clear about the methods used to gather information and what will be done with the information.
Workplace Romance
Workplace romance is pretty common. When individuals similar in age with similar interests are together for forty hours a week or more, those relationships frequently turn romantic. It's so common that a 2007 survey by Vault.com found that 47 percent of professionals admitted to having been involved in an office romance and another 19 percent have considered it. Furthermore, 11 percent said they had dated their boss or another superior in the organization. Why should HR professionals be concerned? The problem is that these romances can lead to accusations of favoritism, breeches of ethics, low productivity, poor employee morale, and even workplace violence.37 Concern over these complications has led some companies to implement fraternization policies that forbid relationships between all co-workers or between certain groups of coWhat if your significant other is now your workers such as employees in the same department. Other companies boss? Most organizations would find that may deal with the issue by asking employees to sign contracts that state that the relationship is consensual. Those contracts may outline what situation unacceptable. the parties should do if the relationship should cease to be consensual
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Water Cooler Romance Percentage of companies with a no-fraternization policy • Written policy: 18 percent • Verbal policy: 7 percent • No policy: 72 percent Restrictions on relationships in companies with a no-fraternization policy • • • •
A supervisor and subordinate: 80 percent Employees in same department: 24 percent Employees with significant rank difference: 16 percent Employees and customers: 13 percent
Consequences for violating company no-fraternization policy • Employee transfers: 42 percent • Formal discipline: 36 percent • Termination: 27 percent
Exhibit 4-3 No-Fraternization Policies No-fraternization policies attempt to reduce potential conflicts or loss of productivity due to personal relationships that may develop at the workplace. According to this survey by the Society of Human Resource Management (SHRM), some interesting statistics stand out: over 70 percent of companies do not have policies against workplace relationships; 80 percent of those relationships reported are between a supervisor and a subordinate; and over 60 percent ended up getting married! What do you think?
Outcomes of workplace romances • • • • • • • •
Those involved get married: 62 percent Complaints of favoritism: 44 percent Divorce of married employees: 29 percent Decrease of productivity: 26 percent Diminished co-worker morale: 25 percent Sexual harassment claims: 19 percent Stalking claims: 16 percent Complaints of retaliation: 15 percent
Source: SHRM 2006 Workplace Romance Poll.
and remind both parties of the company's sexual harassment policy. The purpose of these contracts is to: ■ ■ ■ ■
reduce the risk of sexual harassment reduce the perception of favoritism provide an opportunity to discuss professional behavior in the workplace remind employees that the workplace does not provide privacy38
Other issues that may be addressed include what would happen if one person in the relationship should be promoted over the other or moves on to work for a competitor. Exhibit 4-3 lists some interesting figures on workplace romance.
The Employment-at-Will Doctrine The concept of the employment-at-will doctrine is rooted in nineteenth-century common law, which permitted employers to discipline or discharge employees at their discretion. The doctrine seeks to equalize the playing field. If employees can resign at any time they want, why shouldn't an employer have a similar right? Under the employment-at-will doctrine, an employer can dismiss an employee "for good cause, for no cause, or even for a cause morally wrong, without being guilty of a legal wrong."39 Of course, even then, an employer can't fire on the basis of race, religion, sex, national origin, age, or disability. Although this doctrine has existed for more than one hundred years, the courts, labor unions, and legislation have attempted to lessen its use.40 In these instances, jobs are likened to private property. That is, individuals have a right to these jobs unless the organization has specified otherwise. Employees today are challenging the legality of their discharges more
employment-at-will doctrine Nineteenth-century common law that permitted employers to discipline or discharge employees at their discretion.
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frequently. When firing without cause occurs, employees may seek the assistance of the courts to address wrongful discharge. Most states permit employees to sue their employers if they believe their termination was unjust. These suits contend that through some action on the part of the employer, exceptions to the employment-atwill doctrine exist.
Exceptions to the Doctrine Although employment-at-will thrives in contemporary organizations, five exceptions can support a wrongful discharge suit: contractual relationship, statutory considerations, public policy violation, implied contracts, and breach of good faith.41 Let's take a closer look at these. Contractual Relationship A contractual relationship exists when employers and employees have a legal agreement regarding how employee issues are handled. Under such contractual arrangements, discharge may occur only if it is based on just cause. Where a distinct definition of just cause does not exist, just cause can be shown under guidelines derived from labor arbitration of collective-bargaining relationships (we'll look at discipline in labor-management relationships in Chapter 14): ■ ■ ■ ■ ■ ■
Was there adequate warning of consequences of the worker's behavior? Are the rules reasonable and related to safe and efficient operations of the business? Before discipline was rendered, did a fair investigation of the violation occur? Did the investigation yield definite proof of worker activity and wrongdoing? Have similar occurrences, both prior and subsequent to this event, been handled in the same way and without discrimination? Was the penalty in line with the seriousness of the offense and in accord with the worker's past employment record?42
Statutory Considerations In addition to this contractual relationship, federal legislation may play a key role. Discrimination laws such as those discussed in the previous chapter may further constrain an employer's use of at-will terminations. For example, an organization cannot terminate an individual based on his or her age just because such action would save the company some money. Public Policy Violation Another exception to the employment-at-will doctrine is the public policy violation. Under this exception, an employee cannot be terminated for failing to obey an order from an employer that can be construed as an illegal activity. Should an employee refuse to offer a bribe to a public official to increase the likelihood of the organization obtaining a contract, falsify time cards, or illegally dump hazardous waste, that employee is protected. Furthermore, employers cannot retaliate against an employee for exercising his or her rights (such as serving on a jury). Accordingly, employees cannot be justifiably discharged for exercising their rights in accordance with societal laws and statutes. implied employment contract Any organizational guarantee or promise about job security.
Implied Employment Contract The fourth exception to the doctrine is the implied employment contract. An implied contract is any verbal or written statement made by members of the organization that suggests organizational guarantees or promises about continued employment.43 These implied contracts, when they exist, typically take place during employment interviews or are included in an employee handbook. We'll look at employee handbooks later in this chapter. One of the earlier cases reaffirming implied contracts was Toussaint v. Blue Cross and Blue Shield of Michigan.44 In this case, Toussaint claimed that he was discharged for unjust causes by the organization. He asserted that he was told he'd have a job in the
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company until he reached retirement age of sixty-five so long as he did his job. The employee handbook also clearly reinforced this tenure with statements reflective of discharge for just cause. Even if just cause arose, the discharge could occur only after several disciplinary steps. We'll look at the topic of discipline in the next section. In this case, the court determined that the discharge was improper because the organization implied the permanence of his position. The issue of implied contracts is changing how HRM operates in several of its functions. For instance, interviewers are increasingly cautious, avoiding anything that could conjure up a contract. Something as innocent as discussing an annual salary may cause problems, for such a comment implies at least twelve months on the job. To avoid this, salaries are often communicated in terms of the amount of pay for each pay period. Many organizations that want to maintain an employment-at-will policy have disclaimers such as "This handbook is not a contract of employment," or "Employment in the organization is at the will of the employer," on the covers of their employee handbooks and manuals. Yet caution is warranted, as an interviewer's or supervisor's statements may override the printed words. Breach of Good Faith The final exception to the employment-at-will doctrine is the breach of good faith. Although this is the most difficult of the exceptions to prove, in some situations an employer may breach a promise. In one noteworthy case, an individual employed more than twenty-five years by the National Cash Register Company (NCR) was terminated shortly after completing a major deal with a customer.45 The employee claimed that he was fired to eliminate NCR's liability to pay him his sales commission. The court ruled that this individual acted in good faith in selling the company's product and reasonably expected his commission. Although NCR had an employment-at-will arrangement with its employees, the court held that his dismissal and NCR's failure to pay commissions were breaches of good faith.
Discipline and Employee Rights The exceptions to the employment-at-will doctrine may lead you to think that employers cannot terminate employees or are significantly limited in their action. We've all seen instances where an employer should have fired an employee who broke rules, was insubordinate, had a real attitude problem, or just didn't do a very good job. That can have a disastrous effect on productivity and morale. So why do employers refrain from firing these "bad apples"? Frequently it's because they don't know their rights as employers or don't understand how to discipline properly. HRM can help by establishing discipline policies and educating managers on their use.
What Is Discipline? Discipline refers to a condition in the organization where employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior. For the most part, employees discipline themselves by conforming to what is considered proper behavior because they believe it is the reasonable thing to do. Once they know what is expected of them, and assuming they find these standards or rules reasonable, they seek to meet those expectations.46 But not all employees will accept the responsibility of self-discipline. Some do not accept the norms of responsible employee behavior (see Workplace Issues). These employees, then, require some degree of extrinsic disciplinary action. Managers don't always know how to effectively apply discipline, either. The following section covers how to establish discipline policies with appropriate consequences so managers and employees all know what to expect.
discipline A condition in the organization when employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior.
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WORKPLACE ISSUES
Managers Should Be Prepared Before Disciplining Employees In a perfect world, there would be no disciplining, no policies or procedures to misinterpret or ignore. Each employee would check his or her own work and contribute ways to cut costs, reduce waste, and improve quality and service to both internal and external customers. Lunch hours would never exceed agreed-on limits, and no personal business or phone calls would be conducted on company time or with company resources, equipment, or personnel. No one would blame computers, equipment, managers, the company, or "someone else" for work not completed or completed late or incorrectly. Managers would involve, train, and listen to employees, building teamwork through empowerment and trust. In a perfect world! In a slightly less perfect but more exciting and challenging world, managers occasionally must discipline employees. Dealing with the effects of the mistakes and masking anger, resentment, disappointment, and disgust to create teaching moments can test even the most patient manager. The challenge is to keep employees focused on their behavior and how to correct or improve it, not on how they're being treated. Following these guidelines should help: ■
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Cool off, but don't wait too long. Even though you might like to ignore the problem and hope that it will go away, don't kid yourself. Any problem has a tendency to escalate from a minor to a major issue. It's not worth it. Become comfortable with positively confronting situations, mutually identifying problems, and agreeing on solutions and follow-up plans. Failing to address issues undermines your credibility and ability to do what you are paid to do: manage. Think before you speak. Stay calm. It may be tempting to sound off, but how you handle disciplining may be as important as the issue. Your goal should be to correct the situation, not to further impede the working relationship. You may wish to
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ask the employee to consider possible solutions and bring one or two to the meeting if appropriate. Always discipline in private, one on one. Consider using a conference room if added privacy is needed. Follow company disciplinary procedures to ensure fairness and consistency. If in doubt, take the time to check with the policy manual, your boss, or a personnel officer first. If you don't, you may be the next person in line to be disciplined for not following procedures. Be prepared to hear a variety of both imaginative and worn-out excuses. These can range from "I was stuck in traffic" to "Somebody made that up" to "The other department takes long lunches" to "Everybody else does it." Prepare to avoid nervousness. No one likes to discipline, but it's part of the job. Before the meeting, think about possible objections or issues. Rehearse in your mind, outline your comments—whatever it takes to resolve the issue in a winwin manner. Prepare by comparing the actual to the desired situation. State what action is necessary, why it is necessary, and its impact. Clarify expectations and contingencies for specific actions and timetables. Make sure that the employee understands by asking for a summarization—something beyond just a grunt of agreement. Ask employees for feedback. How can you best help or support them in making the necessary changes? What suggestions do they have? How can problems be prevented in the future? Let it go. There is no need to ignore employees, stare at them, or use any other of a variety of cruel and unusual (and immature) punishments. Administer the appropriate consequence and try to resume a normal working relationship.
Imagine an environment that tolerated no mistakes because it tolerated no risks, no changes, no tests. A less-than-perfect world looks good after all.
Factors to Consider When Disciplining Before we review disciplinary guidelines, we should look at the major factors to consider in having fair and equitable disciplinary practices.47 The following seven contingency factors can help us analyze a discipline problem. 1. Seriousness of the Problem How severe is the problem? For example, dishonesty is usually considered a more serious infraction than reporting to work twenty minutes late.48 2. Duration of the Problem Have there been other discipline problems in the past, and over how long a time span? The violation does not take place in a vacuum. A first occurrence is usually viewed differently from a third or fourth offense. 3. Frequency and Nature of the Problem Is the current problem part of an emerging or continuing pattern of disciplinary infractions? We are concerned with not only the duration but also the pattern of the problem. Continual infractions may require a different type of discipline from that applied to isolated instances of misconduct. They may also point to a situation that demands far more severe discipline to prevent a minor problem from becoming a major one.
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4. Extenuating Factors Do extenuating circumstances relate to the problem? The student who fails to turn in her term paper by the deadline because of the death of her grandfather is likely to have her violation assessed more leniently than will her peer who missed the deadline because he overslept. 5. Degree of Socialization To what extent has management made an earlier effort to educate the person causing the problem about the existing rules and procedures and the consequences of violations? Discipline severity must reflect the degree of knowledge that the violator holds of the organization's standards of acceptable behavior. The new employee is less likely to have been socialized to these standards than the twenty-year veteran. Additionally, the organization with formalized, written rules governing employee conduct is more justified in aggressively enforcing violations of these rules than is the organization whose rules are informal or vague. 6. History of the Organization's Discipline Practices How have similar infractions been dealt with in the past within the department? Within the entire organization? Has there been consistency in the application of discipline procedures? Equitable treatment of employees must take into consideration precedents within the unit where the infraction occurs, as well as previous disciplinary actions taken in other units within the organization. Equity demands consistency against some relevant benchmark. 7. Management Backing If employees decide to take their case to a higher level in management, will you have reasonable evidence to justify your decision? Should the employee challenge your disciplinary action, you need data to back up the necessity and equity of your action and to feel confident that management will support your decision. No disciplinary action is likely to carry much weight if violators believe that they can usually challenge and successfully override their manager's decision. How can these seven items help? Consider the many reasons why we might discipline an employee. With little difficulty, we could list several dozen or more infractions that management might believe require disciplinary action. For simplicity's sake, we have classified the most frequent violations into four categories: attendance, on-the-job behaviors, dishonesty, and outside activities. We've listed the categories and potential infractions in Exhibit 4-4. However, the same infraction may be considered minor or serious given the situation or the industry involved. For example, while concealing defective work when binding textbooks may be viewed as minor, the same action in an aerospace manufacturing plant is more serious. Furthermore, recurrence and severity of the infraction will play a role. For instance, employees who commit their first minor offense might generally expect a minor reprimand. A second offense might result in a more stringent reprimand, and so forth. In contrast, the first occurrence of a serious offense might mean not being allowed to return to work, the length of time being dependent on the circumstances surrounding the violation.
Disciplinary Guidelines All human resource managers should be aware of disciplinary guidelines. In this section, we briefly describe them. ■
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Make disciplinary action corrective rather than punitive. The object of disciplinary action is not to deal out punishment. The object is to correct an employee's undesirable behavior. Punishment may be a necessary means to that end, but one should never lose sight of the eventual objective. Use a progressive discipline approach. Although the appropriate disciplinary action may vary depending on the situation, it is generally desirable for discipline to be progressive. Only for the most serious violations will an employee be dismissed after a first offense. Typically, progressive discipline begins with a written verbal warning and proceeds through a written warning, suspension, and, only in the most serious cases, dismissal. More on this in a moment.
progressive discipline A system of improving employee behavior that consists of warnings and punishments that gradually become more severe.
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100 hot-stove rule Discipline, like the consequences of touching a hot stove, should be immediate, provide ample warning, be consistent, and be impersonal.
Can you imagine placing your hand atop this stove? Clearly, if you did, you'd get burned. That's precisely the analogy used for disciplining employees. They have ample warning that it's hot, every time they touch it they'll get burned—and whoever touches the stove will be burned regardless of who they are. (Source: iStockphoto)
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Follow the hot-stove rule. Administering discipline can be viewed as similar to touching a hot stove.49 Although both are painful to the recipient, the analogy goes further. When you touch a hot stove, you have an immediate response; the burn you receive is instantaneous, leaving no question of cause and effect. You have advance warning; you know what happens if you touch a red-hot stove. Furthermore, the result is consistent: every time you touch a hot stove, you get burned. Finally, the result is impersonal; regardless of who you are, if you touch a hot stove, you will get burned. The comparison between touching a hot stove and administering discipline should be apparent, but let us briefly expand on each of the four points in the analogy. ■ Immediate Response The impact of a disciplinary action fades as the time between the infraction and the penalty's implementation lengthens. The more quickly the discipline follows the offense, the more likely the employee is to associate the discipline with the offense rather than with the manager imposing the discipline. As a result, it is best that the disciplinary process begin within a reasonable time frame after the violation is noticed. Waiting too long may result in the employee not making a connection between the infraction and the consequence. In this case, the employee may feel that the punishment is arbitrary or because of a bias or prejudice. Of course, this desire for immediacy should not result in taking action before thinking it through. If all the facts are not in, managers may invoke a temporary suspension, pending a final decision in the case. ■ Advance Warning The manager has an obligation to give advance warning prior to initiating formal disciplinary action. This means the employee must be aware of the organization's rules and accept its standards of behavior. Disciplinary action is more likely to seem fair to employees when they have clear warning that a given violation will lead to discipline and what that discipline will be. ■ Consistent Action Fair employee treatment also demands that disciplinary action be consistent.50 When rule violations are enforced in an inconsistent manner, the rules lose their impact. Morale will decline, and employees will question the competence of management. Productivity will suffer as a result of employee insecurity and anxiety. All employees want to know the limits of permissible behavior, and they look to their managers' actions for such feedback. If, for example, Barbara is reprimanded today for an action that she took last week, about which nothing was said, these limits become blurry. Similarly, if Bill and Marty are both goofing off at their desks and Bill is reprimanded while Marty is not, Bill is likely to question the fairness of the action. The point, then, is that discipline should be consistent. This need not result in treating everyone exactly alike because that ignores the contingency factors we discussed earlier, but it does put the responsibility on management to clearly justify disciplinary actions that may appear inconsistent or possibly discriminatory to employees. ■ Impersonal Application Penalties should be connected with a given violation, not with the personality of the violator.51 That is, discipline should be directed at what employees have done, not the employees themselves. As a manager, you should make it clear that you are avoiding personal judgments about the employee's character. You are penalizing the rule violation, not the individual, and all employees committing the violation can expect to be penalized. Furthermore, once the penalty has been imposed, you as manager must make every effort to move past the incident; you should attempt to treat the employee in the same manner as you did prior to the infraction. Managers may be tempted to ignore small violations by longtime employees or employees who have been recognized in the past for outstanding or even heroic performance. New employees
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unfamiliar with these past glories may feel that this indicates a double standard, a discriminatory environment, or possibly that the employer will tolerate poor performance. A final point needs to be made, and it revolves around whether an employee can be represented in a meeting where he or she may be subject to disciplinary action. Though one of the protections unions offer is the opportunity to have a union representative present in such a meeting, that same protection has been afforded to nonunion employees, too. Based on the U.S. Supreme Court case NLRB v. J. Weingarten, Inc., nonunion employees were permitted to have a fellow employee or other individual represent them at a disciplinary meeting. But in 2004 this changed. Based on a National Labor Relations Board decision, Weingarten rights no longer apply outside the union setting. But that's not to say that a nonunion employee cannot be represented. It's up to the company—although they are not obligated under law to do so, they may choose to allow a representative to be present.52
Disciplinary Actions As mentioned earlier, discipline generally follows a typical sequence of four steps: written verbal warning, written warning, suspension, and dismissal53 (see Exhibit 4-5). Let's briefly review these four steps. Written Verbal Warning The mildest form of discipline is the written verbal warning. (Yes, the term is correct, even though it sounds like an oxymoron.) A written verbal warning is a temporary record of a reprimand that is placed in the manager's file on the employee. This written verbal warning should state the purpose, date, and outcome of the interview with the employee. This, in fact, is what differentiates the written verbal
Type of Problem
Infraction
Attendance
Tardiness Unexcused absence Leaving without permission
On-the-job behaviors
Malicious destruction of organizational property Gross insubordination Carrying a concealed weapon Attacking another employee with intent to seriously harm Intoxicated on the job/substance abuse Sexually harassing another employee Failure to obey safety rules Defective work Failure to report accidents Loafing Gambling on the job Fighting Horseplay Sending text messages or using phone for personal use
Dishonesty
Stealing Deliberate falsification of employment record Clock-punching another's timecard Concealing defective work Subversive activity
Outside activities
Unauthorized strike activity Outside criminal activities Wage garnishment Working for a competing company
written verbal warning Temporary record that a verbal reprimand has been given to an employee.
Exhibit 4-4 Specific Disciplinary Problems Although this isn't a comprehensive list, this table outlines some of the more common types of disciplinary problems that managers encounter. HR professionals hold the responsibility for training managers and supervisors in the disciplinary process and frequently are also responsible for administering the consequences in the disciplinary process.
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Exhibit 4-5 The Progressive Discipline Process Progressive discipline begins with a written verbal warning and proceeds through increasingly severe written consequences.
written warning First formal step of the disciplinary process.
suspension A period of time off from work as a result of a disciplinary process.
Less Severe Written verbal warning
Written warning
More Severe
Suspension
Dismissal
warning from the verbal warning. Because of the need to document this step in the process, the verbal warning must be put into writing. The difference, however, is that this warning remains in the hands of the manager; that is, it is not forwarded to HRM for inclusion in the employee's personnel file. The written verbal reprimand is best achieved when conducted in a private and informal environment. The manager should begin by clearly informing the employee of the rule that has been violated and the problem that this infraction has caused. For instance, if the employee has been late several times, the manager would reiterate the organization's rule that employees are to be at their desks by 8 A.M., and then proceed to give specific evidence of how violating this rule has increased work for others and lowered departmental morale. After the problem has been made clear, the manager should then allow the employee to respond. Is he aware of the problem? Are there extenuating circumstances that justify his behavior? What does he plan to do to correct his behavior? After the employee has been given the opportunity to make his case, the manager must determine if the employee has proposed an adequate solution to the problem. If not, the manager should direct the discussion toward helping the employee figure out ways to prevent the trouble from recurring. Once a solution has been agreed on, the manager should ensure that the employee understands what, if any, follow-up action will be taken if the problem recurs. If the written verbal warning is effective, further disciplinary action can be avoided. If the employee fails to improve, the manager will need to consider more severe action. Written Warning The second step in the progressive discipline process is the written warning. In effect, it is the first formal stage of the disciplinary procedure. This is because the written warning becomes part of the employee's official personnel file. This is achieved by not only giving the warning to the employee but also sending a copy to HRM to be inserted in the employee's permanent record. In all other ways, however, the procedure for writing the warning is the same as the written verbal warning; that is, the employee is advised in private of the violation, its effects, and potential consequences of future violations. The only difference is that the discussion concludes with the employee being told that a formal written warning will be issued. Then the manager writes up the warning, stating the problem, the rule that has been violated, any acknowledgment by the employee that she will correct her behavior, and the consequences from a recurrence of the behavior, and sends it to HRM. Suspension A suspension or layoff would be the next disciplinary step, usually taken only if the prior steps have been implemented without the desired outcome. Exceptions— where suspension is given without any prior verbal or written warning—occasionally occur if the infraction is of a serious nature. A suspension may be for one day or several weeks; disciplinary layoffs in excess of a month are rare. Some organizations skip this step completely because it can have negative consequences for both the company and the employee. From the organization's perspective, a suspension means the loss of the employee for the layoff period. If the person has unique skills or is a vital part of a complex process, his loss during the suspension period can severely affect his department or the organization's performance if a suitable replacement cannot be located. From the employee's standpoint, a suspension can result in the employee returning in a more unpleasant and negative frame of mind than before the layoff.
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Why would management consider suspending employees as a disciplinary measure? A short layoff is potentially a rude awakening to problem employees who didn't get the message from previous consequences. It may convince them that management is serious and may move them to accept responsibility for following the organization's rules. Organizations may choose to substitute a final warning for suspension in their discipline policy. Care must be taken to only make one final warning before moving to dismissal. Dismissal Whether it's for poor performance or downsizing, managers frequently dread dismissal and often handle it poorly. Consider these examples: ■ ■
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The President and CEO of Kia Motors America was fired between dinner and dessert during a meeting with Kia dealers at the Belagio Hotel in Las Vegas.54 When Oracle purchased PeopleSoft in 2005, 5,000 packages were delivered to workers' homes on a Saturday, containing either a job offer or a severance package.55 Nearly 400 employees at Radio Shack received an e-mail message telling them they were being dismissed immediately. The message read "The work force reduction notification is currently in progress. Unfortunately your position is one that has been eliminated."56
In spite of the organization's best efforts to train, coach, and raise the level of performance of employees, sometimes things just don't work out and HRM or managers with HRM assistance must fire an employee. Whether you call it a layoff, firing, dismissal, letting go, discharge, or outplacement, taking a job away from an employee is one of the most unpleasant tasks of HRM. A 2007 survey of small business owners found that 61 percent of owners found it difficult to fire employees and 78 percent admitted that they had kept an underperforming employee too long because they avoided the unpleasant task.57 Not firing someone who is underperforming or insubordinate sends the message that the employer accepts below-standard performance. It sends the message to high performing employees that their hard work doesn't really matter because the organization doesn't distinguish between their efforts and those of the mediocre employee.58 A dismissal decision should be given long and hard consideration. Have all efforts at coaching to improve performance been exhausted? Has HRM documented all substandard performance and communicated it to the employee? What replacement costs will the organization incur? Has the organization made all relevant documentation to avoid claims of discrimination? How are the courts likely to view any potential litigation? Unless it's the result of downsizing, dismissal should be the last step and ultimate disciplinary consequence. Occasionally an offense is so serious that immediate dismissal is appropriate such as theft, sexual harassment, violence, plagiarism, or sabotage. These exceptions to the discipline policy should be spelled out in the employee manual. 59 When the decision is made, HRM needs to consider how the dismissal will be communicated. Terminations cause hard feelings, create economic hardship, and provoke lawsuits. Nearly 90 percent of discrimination charges filed with the Equal Employment Opportunity Commission are related to discharging employees.60 There may be no way to prevent lawsuits, but there are certainly steps that employers can take to try to minimize them. When firing an employee: ■ ■
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Review all facts. Be very familiar with documentation such as performance appraisals, disciplinary actions, and productivity reports that led to this action. Set the stage. Call the employee into your office or another private setting. Have someone there as a witness. Darken your computer screen and silence your phones as this deserves your full attention. Be very clear. Use language that leaves no doubt that the employee is being terminated. Consider making notes so you don't stray from your message. Review the performance problems and unsuccessful efforts to remedy the situation.
dismissal A disciplinary action that results in the termination of an employee.
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Allow a little dignity. Suggest that the job may not have been the best match for the employee and express hope that things will work out better in a new job and under different circumstances. Let the employee talk. Give the person a chance to respond, regardless of how uncomfortable it is for you, but don't get drawn into an argument or back down. Try not to take employee comments personally. Harsh comments are likely to be made in frustration, hurt, or anger. Give severance pay. Providing severance pay slightly softens the blow, and is the decent way to behave. A good guideline is two weeks pay plus one additional week's pay for every year of service. Ask the person to sign an agreement waiving the right to sue for wrongful termination. Consult your attorney. You may be allowed to make signing such an agreement a condition of the employee's receiving severance pay. Immediately pay for any earned time. In addition to any severance, you're responsible for any earned overtime and earned but unused vacation time or unused sick days. Have the person leave that day. It's unfair and uncomfortable for a terminated employee to continue to come to work. That would lower staff morale, and the possibility always exists that the person could do damage to your company. Inform the person of any benefits. Terminated employees will be grateful to learn about any benefits they're entitled to, such as unemployment payments or the ability to continue their medical insurance. Take appropriate protective steps. Immediately change passwords for any computer programs the employee had access to. Retrieve any keys they may have to premises. Tell other employees that the employee has been terminated. Other employees may need to know about the termination, but don't give any details. It's a private matter. At best, you might appear to be a gossip. At worst, it could lead to legal problems.
Summary (This summary relates to the Learning Outcomes identified on page 84.) After having read this chapter you can 1. Explain the intent of the Privacy Act of 1974, the Drug-Free Workplace Act of 1988, and the Polygraph Protection Act of 1988 and their effect on HRM. The Privacy Act of 1974 was intended to require government agencies to make available to employees information contained in their personnel files. Subsequent state laws have afforded the same ability to nongovernment agencies. HRM must ensure that policies exist and are disseminated to employees regarding access to their personnel files. The Drug-Free Workplace Act of 1988 required government agencies, federal contractors, and those who receive more than $25,000 in government money to take various steps to ensure that their workplace is drug free. Nongovernment agencies with less than $25,000 in government grants are exempt from this law. The Polygraph Protection Act of 1988 prohibits the use of lie-detector tests in screening all job applicants. The act, however, does permit selective use of polygraphs under specific circumstances. 2. Describe the provisions of the Worker Adjustment and Retraining Notification Act of 1988. The Worker Adjustment and Retraining Notification Act of 1988 requires employers with one hundred or more employees contemplating closing a facility or laying off fifty or more workers to provide sixty days' advance notice of the action. 3. Identify the pros and cons of employee drug testing. Drug testing is a contemporary issue facing many organizations. The problems associated with substance abuse in our society, and our organizations specifically, lead companies to test employees. The costs of abuse in terms of lost productivity and the like support such action. On the other hand is the issue of privacy. Does the company truly have
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the right to know what employees do on their own time? Additionally, drug test validity as well as proper procedures are often cited as reasons for not testing. Discuss the benefits of using honesty tests in hiring. Honesty testing in hiring has been used to capture the information unavailable from a polygraph in screening applicants. Many companies use these question-and-answer tests to obtain information on one's potential to steal from the company, as well as to determine whether an employee has stolen before. Validity of honesty tests has some support from research, and their use as an additional selection device appears reasonable. Explain legal and ethical issues involved in monitoring employees. Employers have extensive rights to monitor employees in the workplace including use of phones, e-mail, and Internet. Technology available to track employee actions is increasing, including sophisticated computer use tracking, RFID, and GPS technology. Employee monitoring can save money and increase productivity for employers, however employees often feel that their right to privacy is being violated. Concern over new technology that may track employees beyond the workplace is growing. Discuss the implications of the employment-at-will doctrine and identify the five exceptions to the doctrine. The employment-at-will doctrine permits employers to fire employees for any reason, justified or not. Although based on nineteenth-century common law, exceptions to employment-at-will have curtailed employers' use of the doctrine. The five exceptions to the employment-at-will doctrine are: contractual relationships; statutory considerations; public policy violations; implied employment contracts; and breach of good faith by the employer. Define discipline and the contingency factors that determine the severity of discipline. Discipline is a condition in the organization when employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior. Whether to impose discipline and with what severity should reflect factors such as problem seriousness, problem duration, problem frequency and nature, the employee's work history, extenuating circumstances, degree of orientation, history of the organization's discipline practices, implications for other employees, and management backing. Describe the general guidelines for administering discipline. General guidelines in administering discipline include making disciplinary actions corrective, making disciplinary actions progressive, and following the hot-stove rule—be immediate, provide ample warning, be consistent, and be impersonal. The hot stove rule consists of four elements: immediate response, advance warning, consistent action, and impersonal application. If employee disciplinary actions meet all of these elements every time discipline is applied, discipline will be seen as consistent, fair, and predictable. Employees will begin to regulate their own behavior out of their own self-interest. Identify important procedures to follow when firing an employee. Review all facts; meet the employee in a private setting with witnesses; state the termination clearly; let the employee retain a little dignity; pay all salary and severance; ask the employee to sign an agreement not to sue; have the employee leave immediately; explain any benefits such as insurance that they have a right to; revoke their access by changing passwords and taking keys; and inform other employees of the termination.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. What should an organization do to make employees' personnel files available to them? 2. Describe the pros and cons of giving workers advance notice of a major layoff or plant closing.
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3. What are the pros and cons of using honesty tests to screen job applicants? 4. What is employment-at-will? How does it affect employees? Employers? 5. Explain the potential advantages and disadvantages of having organizational policies that deal with workplace romance. 6. Define positive discipline. 7. Describe how positive discipline differs from the traditional disciplinary process. 8. What is the hot-stove rule?
Key Terms discipline dismissal Drug-Free Workplace Act of 1988 drug testing employment-atwill doctrine Fair Credit Reporting Act of 1971
honesty test hot-stove rule implied employment contract Polygraph Protection Act of 1988 Privacy Act of 1974
progressive discipline suspension whistleblowing Worker Adjustment and Retraining Notification (WARN) Act of 1988
workplace romance written verbal warning written warning
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Developing Diagnostic and Analytical Skills
HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. "Employees should not be permitted to see their personnel files. Allowing them access to review the file constrains realistic observations by managers. Accordingly, as long as the information is not used against an employee, these files should be off limits." Do you agree or disagree with the statement? Explain. 2. "The goals of 'consistency' and having the punishment 'fit the crime' are incompatible with just-cause termination." Do you agree or disagree with the statement? Explain. 3. Do you believe drug testing is necessary for most organizations? Why or why not? Defend your position.
4. "Whistle-blowers who go outside the organization to correct abuses in the company should be disciplined for insubordination." Do you agree or disagree? Defend your position. 5. An employee is overheard telling a new worker, "Don't rush back from work. You'll make us look bad. Everyone takes an extra fifteen to thirty minutes. Every once in a while we get warned if the supervisor is in a bad mood, but he never does anything about it." What went wrong? Could the problem extend beyond long lunches? Explain.
Developing Diagnostic and Analytical Skills Case Application 4-A: CASINO HAS NO SENSE OF HUMOR REGARDING DILBERT COMIC David Steward wasn't planning on getting a lot of attention when he put up a Dilbert cartoon on the employee bulletin board at Catfish Bend Casino. He wasn't sure anyone saw him do it at all, but sure enough, a surveillance camera was watching. Morale at Catfish Bend was pretty low when the company announced that the casino would be closing, and 170 workers would be laid off. Steward thought the Dilbert cartoon would cheer the workers up. In the strip, Dilbert had the following exchange with a garbage man: DILBERT: Why does it seem as if most of the decisions in my workplace are made by drunken lemurs? GARBAGE MAN: Decisions are made by people who have time, not people who have talent. DILBERT: Why are talented people so busy? GARBAGE MAN: They're fixing the problems made by people who have time.
Managers checked the surveillance tape, found that Steward had posted the offensive cartoon, and fired him. Steve Morley, human resource director at the casino said that "upper management found the cartoon to be very offensive" and fired Steward. Morley went on to say, "Basically, he was accusing the decisionmakers of being drunken lemurs. We consider that misconduct when you insult your employers." Steward tried to claim that the firing was wrong and he deserved unemployment pay, but the casino disagreed. Dilbert cartoonist Scott Adams tried to come to Steward's aid. "Most Dilbert comics don't come right out and call management a bunch of
drunken lemurs," Adams said. "So I can see how this one might have been a tad over the line." Adams also said that Steward's dismissal might be the first confirmed instance of a worker being fired for posting a Dilbert strip. Adams published a follow-up comic: BOSS: Our surveillance cameras caught you posting this anti-management comic on the wall. BOSS: This comic compares managers to drunken lemurs. BOSS: Do you think drunken lemurs are like managers? DILBERT: No. Some lemurs can hold their liquor.
Management was not amused and still refused to pay jobless benefits. Steward appealed to an administrative law judge, claiming that putting the cartoon up was an error in judgment, not intentionally breaking any rules or being disrespectful. Source: The Des Moines Register (December 19, 2007), pp. 1, 10.
Questions: 1. If you were the human resources director at the casino, what should you have done prior to firing Steward to be sure you had all of your bases covered? 2. Does the surveillance camera present any ethical or legal problems? Why or Why not? 3. Explain any other legal issues regarding employee or employer rights that might apply. 4. Do you think the punishment was appropriate for posting the comic? Explain, using concepts from the chapter. 5. If you were the administrative law judge, would you award unemployment benefits to Steward? Why or why not?
Case Application 4-B: OFF-THE-JOB BEHAVIORS Balancing the realities of protecting the organization and the rights of employees, both in and out of work, has become a major focal point to contemporary human resource managers. For example, by everyone's account, Peter Oiler was an outstanding employee. Oiler,
a truck driver for Winn-Dixie Stores and a twenty-year employee, had an impeccable and unblemished work record.61 He was punctual, trustworthy, and an exceptionally productive employee. Most coworkers viewed him as an asset to the organization. But none of that
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appeared to matter when Oiler was fired. The reason: Oiler was a cross-dresser. On his own time, Oiler changed his persona, becoming Donna, complete with wearing women's clothing, a wig, and makeup. Frequently out in public with his wife—in restaurants, at church—Donna maintained a dignified public appearance, bothering no one, and simply went on with his personal life as he chose. Management at Winn-Dixie, however, saw things differently. Shortly after they learned of his cross-dressing behavior, Oiler was fired. This happened in spite of the realization that his out-of-work behavior had absolutely no adverse effect on his job performance. Rather, Winn-Dixie's position was that if he was seen in public by someone who recognized him as a Winn-Dixie employee, the company's image could be damaged. Oiler sued the company for wrongfully terminating him on the basis of sex discrimination. He claimed that cross-dressing was nothing more than his "not conforming to gender stereotype as a man." During the trial, records reinforced that there was not one shred of evidence that any of Oiler's out-of-work activities affected his ability to work. Nonetheless, the court ruled in Winn-Dixie's favor, citing that there are no federal or state laws that protect the rights of "transgendered" employees.
Working with a Team
Questions: 1. Do you believe Oiler's employee rights were violated? Explain your position. 2. What do you see as the consequences of organizations that punish employees for certain off-the-job behaviors? Explain. 3. Would you consider Winn-Dixie an organization that exhibits characteristics of progressive discipline or the hot stove approach? Defend your position.
DEALING IN GRAY AREAS
Below are several scenarios and a number of alternatives. After reading each scenario, select the alternative you think best handles the situation. After completing the exercise, discuss your selections with a group of four to five students. Note where you agree on an alternative and where you differ. Where differences exist, describe the differences. Finally, as a group, reach consensus on an alternative. 1. A co-worker, Brad, invites you to share a pizza for lunch on the outside picnic tables the company recently installed. After eating pizza, Brad lights a marijuana cigarette and asks if you would like your own or a share of his. You know that having or consuming drugs at the work site is a violation of policy and law, and you must decide whether to: a. Inform Brad's supervisor, safety coordinator, or human resource manager of the incident. b. Tell Brad he shouldn't smoke dope at work and encourage him to seek help such as the employee assistance program in the human resource department. c. Say nothing, excuse yourself, and hope that when Brad returns to work, his reflexes aren't slowed, mental powers and perceptions aren't lessened, or that he won't become more forgetful and injure himself or someone else. d. Join Brad in prohibited behavior. e. Other (specify). 2. You are completing an honesty test for a potential employer. The question "Have you ever knowingly stolen any item from an employer" is a tough one because you remember the time when you were working as a cashier in a grocery store and at break you and other cashiers would eat
Learning an HRM Skill
Although Winn-Dixie won at the trial, they experienced an aftermath that they were not expecting. Many co-workers rallied behind Oiler, wondering if the company could do this to him, what might they do next? Certainly people understood that a company can fire anyone for any legal reason, but how much latitude should a company have in defining a "legal" reason? Could they fire an employee who drinks alcohol outside of work, views an "inappropriate" movie, or visits adult Web sites? What if one is arrested? Does that result in an automatic termination? The answer is, it could—but there are consequences to this employer action. In such cases, companies have found that terminating an employee for outside-of-work activities brings negative publicity, lowers employee morale, and increases employee turnover.
pieces of fruit that did not meet quality requirements of store policy. You would a. Check yes. b. Check no, rationalizing fruit consumption as an employee benefit. c. Reconsider working for a company that asks such questions on tests. d. Other (specify). 3. A co-worker shares that she recently logged into the database, printed the customer mailing list, then sold it to various list subscribers for her "petty cash fund," because she didn't get the raise increase she deserved. You a. Tell a human resources staff member. b. Tell other co-workers. c. Wish she hadn't told you and say nothing. d. Other (specify). 4. You know that a co-worker uses, sells, and distributes drugs to other co-workers. You a. Tell human resources. b. Call the company security or the local police. c. Leave an anonymous message. d. Other (specify). In your group, in addition to considering these situations from the employee view, also consider management's perspective—that is, how management can lower the probability that these types of questionable employee behaviors would occur at work, and what actions management would like their employees to take if faced with any of these scenarios.
GUIDELINES FOR COUNSELING EMPLOYEES
About the skill: Disciplinary meetings often involve counseling employees to achieve better performance. No one set procedure addresses counseling employees, but we offer the following nine
guidelines that you should consider following when faced with the need to counsel an employee.62
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Enhancing Your Communication Skills 1. Document all problem performance behaviors. Document specific job behaviors such as absenteeism, lateness, and poor quality in terms of dates, times, and what happened. This provides you with objective data. 2. Deal with the employee objectively, fairly, and equitably. Treat each employee similarly. Issues discussed should focus on performance behaviors. 3. Confront job performance issues only. Your main focus is on what affects performance. Even though it may be a personal problem, you should not try to psychoanalyze the individual. Leave that to the trained specialists! You can, however, address how these behaviors are affecting the employee's job performance. 4. Offer assistance to help the employee. Just pointing the finger at an employee serves little useful purpose. If the employee could "fix" the problem alone, he or she probably would have. Help might be needed—yours and the organization's. Offer this assistance where possible. 5. Expect the employee to resist the feedback and become defensive. It is human nature to dislike constructive or negative feedback. Expect that the individual will be uncomfortable with the discussion. Make every effort,
6.
7.
8.
9.
however, to keep the meeting calm so that the message can get across. Documentation, fairness, focusing on job behaviors, and offering assistance help reduce this defensiveness. Make sure the employee owns up to the problem. All things considered, the problem is not yours; it's the employee's. The employee needs to take responsibility for his or her behavior and begin to look for ways to correct the problem. Develop an action plan to correct performance. Once the employee has taken responsibility for the problem, develop a plan of action designed to correct the problem. Be specific as to what the employee must do (for example, what is expected and when it is expected), and what resources you are willing to commit to assist. Identify outcomes for failing to correct problems. You're there to help, not carry a poor performer forever. Inform the employee what the consequences will be if he or she does not follow the action plan. Monitor and control progress. Evaluate the employee's progress. Provide frequent feedback on what you're observing. Reinforce good efforts.
Enhancing Your Communication Skills 1. Develop a two- to three-page report on how drug testing and drug information programs at work may discourage the sale and use of drugs in the workplace. 2. Conduct some research on employee monitoring. In a three- to five-page writeup, describe ways that employers can monitor on-site employee behaviors. In your research, cite the benefits and drawbacks for companies from implementing such a practice.
3. In two to three pages, develop arguments for and against using honesty tests in hiring. 4. Provide an example where employee discipline was handled poorly. Explain what went wrong and write a scenario of how it could have been administered more appropriately. Consider presenting the "before" and "after" situations in a role play in front of your class.
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Chapter 5 Human Resource Planning and Job Analysis Learning Outcomes After reading this chapter, you will be able to
1 2 3 4 5 6 7 8 9 10
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Describe the importance of human resource planning. Define the steps involved in the human resource planning process. Explain what human resource information systems are used for. Define the term job analysis. Identify the six general techniques for obtaining job analysis information. Describe the steps involved in conducting the job analysis. Explain job descriptions, job specifications, and job evaluations. Identify elements of job enrichment that contribute to employee morale and productivity. Describe how job analysis permeates all aspects of HRM. Explain flexible scheduling alternatives.
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n 2002, Best Buy discovered some disturbing trends at their Minneapolis area headquarters. They saw an increase in the number of people quitting and filing stress-related health claims. Employee surveys indicated that they didn't think their supervisors trusted them to do their work and that someone was always looking over their shoulders. They weren't very happy or motivated. The problem landed on the desk of Cali Ressler, who managed Best Buy's work/life balance program. Ressler considered popular flexible work schedule options such as flextime and telecommuting, but decided, along with Jody Thompson, who was working as a designated "Change Agent" at Best Buy, that the problem demanded a bigger solution. Ressler and Thompson created a way that workers at Best Buy's headquarters could be in control of their work and production. They devised a radical new program called "ResultsOnly Work Environment" or ROWE.1 Employees who opt to sign on with ROWE are allowed to decide how, when, and where they work. They can work in the office, at home, in the park, a coffee shop, another country, wherever. Consider these examples:
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Employee relations manager Steve Hance participates in morning teleconferences from his fishing boat on a lake where he's been since dawn.2 Jason Dehne jogs to his local coffee shop and takes calls there. Marissa Plume does her best work at midnight in her home office.3 The CBS news program 60 Minutes visited Best Buy
headquarters and interviewed Chap Achen, a manager at BestBuy.com. When asked why his division looked like a ghost town, he replied, "Some folks literally don't come in the office for weeks at a time." When asked where a specific employee was, he had to admit he didn't know and didn't care. "I couldn't tell you if he was in his basement or at a Starbucks with a wireless connection."4 Clearly, this isn't an ordinary "work from home" program. It's more like a "work from anywhere, anytime" program. An obvious concern is whether anything would get done in such a flexible environment. The good news is yes, quite a bit gets done. Productivity at the headquarters has increased 41 percent and turnover has decreased 90 percent.
Those savings are substantial considering the estimated per-employee cost of turnover is $120,000. Among the 60 percent of headquarters employees who signed on for ROWE, surveys report that they have better relationships with family and friends, feel more loyalty to the company, and feel more focused and energized about their work.5 Best Buy is so happy with the results that they are recommending the program to other companies. It is even working at implementing a modified version at its retail stores. Steve Hance, the manager who takes conference calls on his fishing boat, understands why people are skeptical of ROWE. "Being able to take an extra-long lunch or get off work early if you wanted—it sounded like utopia, but could people really do this?" He says, "As it turned out, they could."6
(Source: Justin Sullivan Getty/Images, Inc.)
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Introduction
human resource planning Process of determining an organization's human resource needs.
Best Buy clearly understands that change is necessary in a successful organization. The radical workplace changes implemented with the Results-Only Work Environment (ROWE) from the chapter opening example were in deliberate response to an urgent need. Best Buy leadership recognized that morale and productivity suffer when employees are unhappy, feel they have little control over their work, and want to be measured by their results. After they decided that ROWE was the solution, Best Buy went through extensive planning and training before implementing the program in their 4,000-employee headquarters. Consider the results of making a decision without planning how to implement it. Think about the last time you took a vacation. For example, if you live in Frostburg, Maryland, and decide to go to a Florida beach for two weeks in the summer, you need to decide specifically what beach—Daytona or Fort Lauderdale—you want to go to and the best route you can take. Will you drive or will you fly? Will you rent a hotel room or stay with a friend? In an elementary form, this is what planning is all about—knowing where you are going and how you are going to get there. The same holds true for human resource management. Whenever an organization is in the process of determining its human resource needs, it is engaged in a process we call human resource planning. Human resource planning is one of the most important elements in a successful HRM program because it is a process by which an organization ensures that it has the right number and kinds of people at the right place, at the right time, capable of effectively and efficiently completing those tasks that will help the organization achieve its overall strategic objectives.7 Employment planning, then, ultimately translates the organization's overall goals into the number and types of workers needed to meet those goals.8 Without clearcut planning, and a direct linkage to the organization's strategic direction, estimations of an organization's human resource needs are reduced to mere guesswork that may well fall short of the organization's actual needs. This means that employment planning cannot exist in isolation. It must be linked to the organization's overall strategy.9 Just a few decades ago, outside of the firm's top executives, few employees in a typical firm really knew about the company's long-range objectives. The strategic efforts were often no more than an educated guess in determining the organization's direction. But things are different today. Aggressive domestic and global competition, for instance, have made strategic planning virtually mandatory. Although it's not our intention to go into every detail of the strategic planning process in this chapter, senior HRM officials need to understand it because they're playing a more vital role in the strategic process.10 Let's look at a fundamental strategic planning process in an organization.
An Organizational Framework mission statement A brief statement of the reason an organization is in business.
The strategic planning process in an organization is both long and continuous.11 At the beginning of the process, the organization's main emphasis is to determine what business it is in. This is commonly referred to as developing the mission statement. Defining the organization's mission forces key decision makers to identify the scope of its products or services carefully.12 For example, the business magazine Fast Company established its mission and set its sights "to chronicle the epic changes sweeping across business and to equip readers with the ideas, tools, and tactics that they need to thrive."13 The mission statement is important because it's the foundation on which every decision in the organization should be made. Take, for instance, Google's mission statement: "organize the world's information and make it universally accessible and useful." The mission statement clarifies for all organizational members exactly what the com-
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pany is about. Google decision makers would know that any effort to expand the company by providing wireless service is inconsistent with the mission. Or is it? Mission statements are not written in stone and at any time, after careful study and deliberation, they can be changed. For example, the March of Dimes was originally created to facilitate the cure of infantile paralysis (polio). When polio was essentially eradicated in the 1950s, the organization redefined its mission as seeking cures for children's diseases. Kodak went from being one of the world's largest manufacturers of photographic film and processing to a leader in digital imaging. IBM went from being the world's largest producer of personal and mainframe computers to offering consulting, hosting, and business services. What if in the near future, most of us used handheld wireless devices to access the Internet and Google? Then Google may need to adapt and provide wireless devices to fulfill its mission. Nonetheless, the need to specifically define an organization's line of business is critical to its survival. After reaching agreement on what business the company is in and who its consumers are, senior management then begins to set strategic goals.14 During this phase, these managers define objectives for the company for the next five to twenty years. These objectives are broad statements that establish targets the organization will achieve. After these goals are set, the next step in the strategic planning process begins—the corporate assessment. During this phase, a company begins to analyze its goals in terms of whether they can be achieved with the current organizational resources. Many factors are considered in the company's analysis: its current strategies, its external environment, its strengths and weaknesses, and its opportunities and threats. This is commonly referred to as a gap or SWOT (strengths, weaknesses, opportunities, and threats) analysis. The company begins to look at what skills, knowledge, and abilities are available internally, and where shortages in terms of people skills or equipment may exist (see Ethical Issues in HRM). This analysis forces management to recognize that every organization, no matter how large and powerful, is constrained in some way by the resources and skills it has available. For example, although Wal-Mart seems large enough to provide nearly any product or service, they are pretty unlikely to produce or sell cars any time soon. Their expertise and strength is in efficiently providing smaller consumer goods at a low cost. Cars would require different distribution channels and considerable investment in product development. Their business model is much better suited to providing automotive service, not the actual car itself. The SWOT analysis should lead to a clear assessment of the organization's internal resources—such as capital, worker skills, patents, and the like. It should also indicate organizational departmental abilities, such as training and development, marketing, accounting, human resources, research and development, and management information systems. An organization's best attributes and abilities are called its strengths. And any of those strengths that represent unique skills or resources that can determine the organization's competitive edge form its core competency. On the other hand, if a firm lacks resources in a certain area or if there are some activities it performs poorly, these are considered weaknesses. This SWOT analysis phase of the strategic planning process cannot be overstated; it serves as the link between the organization's goals and ensuring that the company can meet its objectives—that is, establishes the direction of the company through strategic planning. The company must determine what jobs need to be done and how many and what types of workers will be required for those jobs. In management terminology, we call this organizing. Thus, establishing the structure of the organization assists in determining the skills, knowledge, and abilities required of job holders. Only at this point do we begin to look at people to meet these criteria. And that's where HRM comes into play. To determine what skills are needed, HRM conducts a job analysis. Exhibit 5-1 is a simplistic graphic representation of the job analysis process. The key message in Exhibit 5-1 is that all jobs in the organization ultimately must be tied to the company's mission and strategic direction. Unless jobs can be linked to the
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How did Internet search engine Google go from being a start-up company in 1998 to a household word? Maybe the answer lies in their mission statement: Google's mission is to organize the world's information and make it universally accessible and useful. (Source: Jeff J. Mitchell/Getty Images, Inc.)
SWOT analysis A process for determining an organization's strengths, weaknesses, opportunities, and threats.
strengths An organization's best attributes and abilities. core competency Organizational strengths that represent unique skills or resources. weaknesses Resources an organization lacks or activities it does poorly.
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Exhibit 5-1
Mission
Determining what business the organization will be in
Objectives and goals
Setting goals and objectives
Strategy
Determining how goals and objectives will be attained
Structure
Determining what jobs need to be done and by whom
People
Matching skills, knowledge, and abilities to required jobs
The Strategic Direction—Human Resource Linkage The organization's mission guides all strategy and structure. The link between the mission and the work people do should be clear on every level.
organization's strategic goals, these goals become a moving target. It's no wonder, then, that employment planning has become more critical in organizations. Let's look at how human resource planning operates within the strategic planning process. ETHICAL ISSUES IN HRM
Competitive Intelligence One of the fastest growing areas of a SWOT analysis is competitive intelligence.15 It seeks basic information about competitors: Who are they? What are they doing? How will what they are doing affect us? Many who study competitive intelligence suggest that most of the competitor-related information an organization needs to make crucial strategic decisions is available and accessible to the public.16 In other words, competitive intelligence isn't organizational espionage. Advertisements, promotional materials, press releases, reports filed with government agencies, annual reports, want ads, newspaper reports, information on the Internet, and industry studies are readily accessible sources of information. Specific information on an industry and associated organizations is increasingly available through electronic databases. Managers can literally tap into a wealth of competitive information by purchasing access to databases sold by companies such as Nexus and Knight-Ridder—or obtained free through information on corporate or the Securities and Exchange Commission Web sites. Trade shows and the debriefing of your own sales staff can be good sources of information on competitors. Many organizations even regularly buy competitors' products and ask their own employees to use and evaluate them to learn about new technical innovations.17 The techniques and sources listed can reveal various issues and concerns that can affect an organization, but in a global business environment, environmental scanning and obtaining competitive intelligence are more complex. Because global scanning must gather information from around the world, many of the previously mentioned information sources may be too limited. One means of overcoming this difficulty is for management to subscribe to news services that review newspapers and magazines from around the globe and provide summaries to client companies. But even with the best information available, sometimes "intelligence" is overlooked. At AT&T, for instance,
company officials' failure to truly understand the ins and outs of the cable industry led to the company abandoning its goal to deliver digital services over cable lines. AT&T officials were forced to sell off its AT&T Broadband division—giving up on their nearly five-year venture. Most individuals do understand the difference between what is legal and what's not. That's not the issue. Rather, while some competitive intelligence activities may be legal, are they ethical? Consider the following scenarios: 1. You obtain copies of lawsuits and civil cases that have been filed against a competitor. Although the information is public, you use some of the surprising findings against your competitor in bidding for a job. 2. You pretend to be a journalist writing a story about the company. You call company officials and seek responses to some specific questions regarding the company's plans for the future. You use this information in designing a strategy to better compete with this company. 3. You apply for a job with one of your competitors. During the job interview you ask specific questions about the company and its direction. You then report what you've learned to your employer. 4. You dig through a competitor's trash and find some sensitive correspondence about a new product release. You use this information to launch your competing product before your competitor's. 5. You purchase some stock in your competitor's company so that you'll receive the annual report and other company information. You use this information to your advantage in developing your marketing plan. Which, if any, of these actions are unethical? Defend your position. What ethical guidelines would you suggest for competitive intelligence activities? Explain.
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Linking Organizational Strategy to Human Resource Planning To ensure that appropriate personnel are available to meet the requirements set during the strategic planning process, human resource managers engage in employment planning. The purpose of this planning effort is to determine what HRM requirements exist for current and future supplies and demands for workers.18 For example, if a company has set as one of its goals to expand its production capabilities over the next five years, such action will require that skilled employees be available to handle the jobs. After this assessment, employment planning matches the supplies and demands for labor, and supports the people component.
Assessing Current Human Resources Assessing current human resources begins by developing a profile of the organization's current employees. This internal analysis includes information about the workers and the skills they currently possess. In an era of sophisticated human resource information systems software (HRIS), it is not too difficult for most organizations to generate an effective and detailed human resources inventory report. The input to this report would be derived from forms completed by employees and checked by supervisors. Such reports would include a complete list of all employees by name, education, training, prior employment, current position, performance ratings, salary level, languages spoken, capabilities, and specialized skills. For example, if internal translators were needed for suppliers, customers, or employee assistance, a contact list could be developed. From a planning viewpoint, this input is valuable in determining what skills are currently available in the organization. The inventory serves as a guide for supporting new organizational pursuits or in altering the organization's strategic direction. This report also has value in other HRM activities, such as selecting individuals for training and development, promotion, and transfers. The completed profile of the human resources inventory can also provide crucial information for identifying current or future threats to the organization's ability to successfully meet its goals. The organization can use the information from the inventory to identify specific variables that may have a particular relationship, for example, to training needs, productivity improvements, or succession planning. An inventory might reveal poor customer service skills— a threat that can adversely affect the organization's performance if it begins to permeate the entire organization. Identifying employees and their skills is important, but one must also recognize that keeping them in the organization is crucial. With less employee loyalty in existence in today's organizations, HRM must find ways to ensure that employees are retained. Frequently called employee retention, HRM must lead the way to help managers understand that they play a critical role in retaining workers, that their actions can go a long way to either stimulate or reduce employee turnover.19 It is estimated that about 75 percent of the reasons employees quit their jobs and leave organizations are within the control of managers, such as being honest with employees, giving them challenging work, and recognizing them for their performance.20 Human Resource Information Systems To assist in the HR inventory, organizations have implemented a human resource information system (HRIS). The HRIS (sometimes referred to as a human resource management system [HRMS]) is designed to quickly fulfill the HRM informational needs of the organization. The HRIS is a database system that keeps important information about employees in a central and accessible location—even information on the global workforce. When such information is required, the data can be retrieved and used to facilitate employment planning decisions. Its technical potential permits the organization to track most information about employees and jobs and to retrieve that information when needed. In many cases, this
How well trained are these workers for tomorrow's work? That's a question HRM must assess, as its answers will affect the need for human resources. HRM must ensure that employees are properly prepared to do the work needed so that organizational performance does not falter. (Source: Manchan/Photodisc/Getty Images, Inc.)
human resource information system (HRIS) A computerized system that assists in the processing of HRM information.
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information can help an organization gain a competitive advantage (see SWOT analysis discussed earlier in this chapter).21 An HRIS may also be used to help track EEO data.22 HRISs have become valuable resources for HR professionals.23 This is essentially due to the recognition that management needs timely information on its people, and these systems can provide significant cost savings.24 Additionally, HRISs have become very user-friendly and provide quick and responsive reports—especially when linked to the organization's management information system. Moreover, systems today can streamline certain HRM processes, such as having employees select their employee benefits online during a period called open enrollment.25 At a time when quick analysis of an organization's human resources is critical, the HRIS is filling a void in the human resource planning process. With information readily available, organizations are in a better position to quickly move forward in achieving their organizational goals.26 Additionally, the HRIS is useful in other aspects of human resource management, such as providing data support for compensation and benefits programs, as well as providing a necessary link to corporate payroll.27 replacement chart HRM organizational charts indicating positions that may become vacant in the near future and the individuals who may fill the vacancies.
Exhibit 5-2 Sample Replacement Chart Individuals who have skills and experience to replace the company president are identified and evaluated for this replacement chart.
Succession Planning In addition to the computerized HRIS system, some organizations also generate a separate management inventory report. This report, typically called a replacement chart, covers individuals in middle- to upper-level management positions. In an effort to facilitate succession planning28—ensuring that another individual is ready to move into a position of higher responsibility—the replacement chart highlights those positions that may become vacant in the near future due to retirements, promotions, transfers, resignations, or even upon the death of the incumbent.29 Not only is this useful for planning purposes, research suggests that in organizations where succession planning efforts occur, employee morale is increased by 25 percent.30 Against this list of positions is placed each individual manager's skills inventory to determine if there is sufficient managerial talent to cover potential future vacancies. This "readiness" chart gives management an indication of time frames for succession, as well as helping spot any skill shortages.31 Should skill shortages exist, HRM can either recruit new employees or intensify employee development efforts. At Intel, for example, succession starts shortly after an individual is hired. Employees marked for promotions are coached on management activities and are extensively trained to assume positions of greater responsibility.32 Replacement charts look similar to traditional organizational charts. Incumbents are listed in their positions, and those individuals targeted to replace them are listed beneath with the expected time in which they will be prepared to take on the needed responsibility. We have provided a sample replacement chart in Exhibit 5-2.
Carolyn Roberts Current position: President Age: 64 Expected replacement needed: 1 year Education: Master's in taxation Experience: 27 years of financial operations Possible replacement Beth Harper Carlos Hernandez Gus Brame
Beth Harper Current position: Vice President, Marketing Expected replacement needed: 1 year Experience: 17 years in marketing management Possible replacement Rick Sapp Charese Singleton
Potential Low Medium
Ready in 2.5 years 3.0 years
Potential Medium Medium High
Ready in 8 months 2.5 years 14 months
Carlos Hernandez Current position: Vice President, Human Resources Expected replacement needed: 7 years Experience: 18 years in human resources management Possible replacement Bill McGregor Eric Hayden
Potential High Medium
Ready in 2.75 years 5.50 years
Gus Brame Current position: Vice President and Corporate Counsel Expected replacement needed: 11 months Experience: 23 years as an attorney Possible replacement Kelly Williams No other candidate
Potential High
Ready Immediately
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Determining the Demand for Labor Once an assessment of the organization's current human resources situation has been made and the future direction of the organization has been considered, it's time to develop a projection of future human resource needs. This means performing a year-byyear analysis for every significant job level and type. In effect, the result is a human resource inventory covering specified years into the future. These pro forma inventories obviously must be comprehensive and therefore are complex. Organizations usually require a diverse mix of people. That's because employees are not perfectly substitutable for one another within an organization. For example, in early 2008, Harley Davidson experienced labor shortages in critical fields such as engineers, material planners, marketing, and supply chain analysts, while at the same time experiencing an oversupply of production workers and a need to cut the overall workforce.33 Accurate estimates of future demands in both qualitative and quantitative terms require additional information to determine that, for example, in the next twenty-four months, an organization will need to hire eighty-five additional individuals. It is necessary to know what types of employees, in terms of skills, knowledge, and abilities, are required. Remember, these skills, knowledge, and abilities are determined based on the jobs required to meet the strategic direction of the organization. Accordingly, our forecasting methods must allow for the recognition of specific job needs as well as the total number of vacancies.
Predicting the Future Labor Supply Estimating changes in internal supply requires HRM to look at those factors that can either increase or decrease its employee base. As previForecasting methods must allow for the ously noted in the discussion on estimating demand, forecasting of recognition of specific jobs as well as the supply must also concern itself with the micro, or unit, level. For examtotal number of vacancies. ple, if one individual in Department X is transferred to a position in Department Y, and an individual in Department Y is transferred to a position in Department X, the net effect on the organization is zero. However, if only one individual is initially involved—say, promoted and sent to another location in the company—only through effective human resource planning can a competent replacement be available to fill the position vacated by the departing employee. An increase in the supply of any unit's human resources can come from a combination of four sources: new hires, contingent workers, transfers in, or individuals returning from a leave of absence. The task of predicting these new inputs can range from simple to complex.34 Decreases in the internal supply can come about through retirements, dismissals, transfers out of the unit, layoffs, voluntary quits, sabbaticals, prolonged illnesses, or deaths. Some of these occurrences are obviously easier to predict than others. The easiest to forecast are retirements, assuming that employees typically retire after a certain length of service and the fact that most organizations require some advance notice of one's retirement intent. Given a history of the organization, HRM can predict with some accuracy how many retirements will occur over a given time period. Remember, however, that retirement, for the most part, is voluntary. Under the Age Discrimination in Employment Act, an organization cannot force employees to retire, with the exception of airline pilots who must retire at age 65. At the other extreme, voluntary resignations, prolonged illnesses, and deaths are difficult to predict—if not impossible. Deaths of employees are the most difficult to forecast because they are often unexpected. Although Southwest Airlines or Nokia can use probability statistics to estimate the number of deaths that will occur among its employee population, such techniques are useless for forecasting in small organizations or estimating the exact positions that will be affected in large ones. Voluntary resignations can also be predicted by utilizing probabilities when the population size is large. In a company like Microsoft, managers can estimate the approximate number of
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voluntary resignations during any given year. In a department consisting of two or three workers, however, probability estimation is meaningless. Weak predictive ability in small units is unfortunate, too, because voluntary resignations typically have the greatest impact on such units. In between the extremes—transfers, layoffs, sabbaticals, and dismissals—forecasts within reasonable limits of accuracy can be made. All four of these types of action are controllable by management—that is, they are either initiated by management or are within management's veto prerogative—and so each type can be reasonably predicted. Of the four, transfers out of a unit, such as lateral moves, demotions, or promotions, are the most difficult to predict because they depend on openings in other units. Layoffs are more controllable and anticipated by management, especially in the short run. Sabbaticals, too, are reasonably easy to forecast, since most organizations' sabbatical policies require a reasonable lead time between request and initiation of the leave. Surprises do happen, requiring HR to act quickly. For example, in 2008, Best Buy was forced to react quickly as the economic downturn dramatically reduced sales. They responded by offering a voluntary severance package to nearly all of the 4,000 employees at their Minneapolis area headquarters. The offer was accepted by 500 employees. Dismissals based on inadequate job performance can usually be forecast with the same method as voluntary resignations, using probabilities where large numbers of employees are involved. Additionally, performance evaluation reports are usually a reliable source for isolating the number of individuals whose employment might have to be terminated at a particular point in time due to unsatisfactory work performance.
Where Will We Find Workers?
The days of going to work for a company and remaining there for the next forty years are all but gone. Layoffs have become a common way for companies to restructure in order to become profitable again. During November and December of 2008 alone, U.S. companies announced layoffs totaling nearly a quarter of a million jobs in response to a sharp downturn in the economy. Companies affected included Bank of America, Ford, AT&T, Mattel, and Anheuser-Busch among many others. The largest came from Citigroup with the announcement of a staggering 52,000 jobs lost. Although it's one of the toughest of HR tasks to undertake, downsizing is a natural phenomenon in contemporary organizations. (Source: Adam Rountree/AP/Wide World Photos)
The previous discussion on supply considered internal factors. We will now review those factors outside the organization that influence the supply of available workers. Recent graduates from schools and colleges expand the supply of available human resources. This market is vast and includes high school and college graduates, as well as those who received highly specialized training through an alternative supplier of job skills training. Entrants to the workforce from sources other than schools may also include men and women seeking full- or part-time work, students seeking work to pay for their education or support themselves while in school, employees returning from military service, job seekers who have been recently laid off, and so on. Migration into a community may also increase the number of individuals seeking employment opportunities and accordingly represent another source for the organization to consider as potential additions to its labor supply. It should be noted that consideration of only these previously identified supply sources tends to understate the potential labor supply because many people can be retrained through formal or on-the-job training. Therefore, the potential supply can differ from what one might conclude by looking only at the obvious sources of supply. For example, with additional training, a sales representative can become qualified to perform the tasks of a district sales manager; thus, an organization having difficulty securing individuals with skills and experience in sales management should consider those candidates who have had recent sales or similar experience and are interested in being managers. In similar fashion, the potential supply for many other jobs can be expanded.
Matching Labor Demand and Supply The objective of employment planning is to bring together the forecasts of future demand for workers and the supply for human resources, both current and future. The result of this effort is to pinpoint shortages both in number and in kind, to highlight areas where overstaffing may exist (now or in the near future), and to keep abreast of the opportunities existing in the labor market to hire qualified employees—either to satisfy current needs or to stockpile potential candidates for the future.
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Special attention must be paid to determining shortages. Should an organization find that the demand for human resources could possibly increase in the future, it must be prepared to hire or contract with additional staff or transfer people within the organization, or both, to balance the numbers, skills, mix, and quality of its human resources. An often overlooked action, but one that may be necessary because of inadequate availability of human resources, is to change the organization's objectives. Just as inadequate financial resources can restrict the growth and opportunities available to an organization, the shortage of the right types of employees can also act as such a constraint, even leading to changing the organization's objectives. When dealing with employment planning, another outcome is also likely: the existence of an oversupply. An organization may have too many employees or employees with the wrong skills. When this happens, HRM must undertake the difficult task of laying off workers. Layoffs might occur as a result of financial difficulty, mergers, plant closings, offshoring, changes in technology that replace workers, or organizational restructuring. It is estimated that over 50 percent of employees have experienced a layoff due to downsizing or restructuring at some point in their careers.35 The decision of who to dismiss is a difficult one. The decision may be based on seniority, job performance, or the position with the organization. If a union is present, there will usually be an agreement to make the decision based on seniority with the most recent hires being laid off first. Downsizing is not without cost. In addition to severance package costs, the remaining employees may suffer low morale and productivity for many reasons: ■ ■ ■ ■ ■
They may feel survivor guilt after their co-workers have lost their jobs. They may feel insecurity because of a belief they are next in line to go. Increased workload may result from the same amount of work being distributed to fewer employees. Valued employees may leave to seek opportunities at organizations they consider to be more stable. Organizational culture may suffer if fewer people within the organization are able to pass on "the way we do things here."
One company's loss may become another's hiring opportunity. For example, financial services workers left jobless during the financial crisis in 2008 have been highly sought after by companies such as MassMutual36 that value their transferable skills such as project management, IT, sales, and marketing. The downturn in the housing industry has been beneficial for companies like Home Depot that are able to hire construction and skilled trade workers with valuable construction expertise as sales associates. Corporate strategic and employment planning are two critically linked processes; one cannot survive without the other. Accordingly, to perform both properly requires a blending of activities. We have portrayed these linkages in Exhibit 5-3.
Exhibit 5-3 Employment Planning and the Strategic Planning Process The organizational mission is the guide for organizational strategy. HR then analyzes the tasks to be done and how to organize those tasks into jobs. The next step is to determine how many workers are necessary to fill those jobs and the skills they will need. If the supply of workers exceeds the number necessary, HR must "decruit" or reduce the number of workers. If the supply of workers is less than the number necessary, HR must recruit more workers to fulfill the organizational mission.
Demand for labor Outcomes Define organization mission
Establish corporate goals and objectives
Assess current human resources HRMS: job analysis
Compare demand for and supply of human resources
Supply of human resources
Demand exceeds supply
Recruitment
Supply exceeds demand
Decruitment
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Job Analysis
job analysis Provides information about jobs currently being done and the knowledge, skills, and abilities that individuals need to perform the jobs adequately.
Consider this example: Clarke and Associates, a strategic management services company, has a client with a 65 percent turnover of sales professionals over the past eighteen months. An analysis of the resignations indicated that the average length of stay has been only nine months. Perplexed by this dilemma and the resulting loss to productivity and revenue, consultants from Clarke recommended an investigation to find out why such high turnover levels exist. The complex investigation partly involved contacting most of the individuals who resigned to ask them why they quit. Responses indicated that what they were hired to do often differed substantially from what they were required to do. The actual work required different skills and aptitudes. Many quit in frustration and fear that they would not be able to meet job goals. They believed this might lead to a firing that would look bad on their resume. Unfortunately, the company's training costs over the past three years ran approximately 300 percent over budget. When one senior manager was asked what made it so difficult to properly match the job requirements with people skills, she had no answer. No one in the organization had taken the time to find out what the jobs were all about. In other words, the job analysis process was lacking. A job analysis is a systematic exploration of the activities within a job. It is a technical procedure used to define a job's duties, responsibilities, and accountabilities. This analysis "involves the identification and description of what is happening on the job accurately and precisely identifying the required tasks, the knowledge, and the skills necessary for performing them, and the conditions under which they must be performed."37 Let's explore how this can be achieved.
Job Analysis Methods observation method A job analysis technique in which data are gathered by watching employees work.
individual interview method Meeting with an employee to determine what his or her job entails. group interview method Meeting with a number of employees to collectively determine what their jobs entail. structured questionnaire method A specifically designed questionnaire on which employees rate tasks they perform in their jobs. technical conference method A job analysis technique that involves extensive input from the employee's supervisor.
The basic methods by which HRM can determine job elements and the essential knowledge, skills, and abilities for successful performance include the following. Observation Method Using the observation method, a job analyst watches employees directly or reviews films of workers on the job. Although the observation method provides firsthand information, workers rarely function most efficiently when they are being watched, and thus distortions in the job analysis can occur. This method also requires that the entire range of activities be observable, which is possible with some jobs, but impossible for many others—for example, most managerial jobs. Individual Interview Method The individual interview method assembles a team of job incumbents for extensive individual interviews. The results of these interviews are combined into a single job analysis. This method is effective for assessing what a job entails. Involving employees in the job analysis is essential. Group Interview Method The group interview method is similar to the individual interview method except that job incumbents are interviewed simultaneously. Accuracy is increased in assessing jobs, but group dynamics may hinder its effectiveness. Structured Questionnaire Method The structured questionnaire method gives workers a specifically designed questionnaire on which they check or rate items they perform in their job from a long list of possible task items. This technique is excellent for gathering information about jobs. However, exceptions to a job may be overlooked, and opportunity may be lacking to ask follow-up questions or to clarify the information received. Technical Conference Method The technical conference method uses supervisors with extensive knowledge of the job, frequently called subject matter experts. Here, specific job characteristics are obtained from the experts. Although a good
All establishments covered by Part 1904 must complete this Summary page, even if no work-related injuries or illnesses occurred during the year. Remember to review the Log to verify that the entries are complete and accurate before completing this summary.
Summary of Work-Related Injuries and Illnesses
OSHA's Form 300A (Rev. 01/2004)
Continued
Exhibit 13-2
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If a case
Note: A case must involve a death, illness, or injury to an employee.
Results from a work accident or from an exposure in the work environment and is
A death
Does not result from a work accident or from an exposure in the work environment
An injury that involves
An illness
Medical treatment (other than first aid)
Loss of consciousness
Restriction of work or motion
Transfer to another job
Case must be recorded
None of these
Case is not to be recorded
Exhibit 13-3 Determining Recordability of a Case Under OSHA This flow chart shows the decision process used to answer the question: "Does this illness or injury need to be recorded?"
OSHA: A Resource for Employers Although inspection, regulation enforcement, record keeping, and processes for violations are major areas of emphasis for OSHA, the organization provides many other services to workers and employers. OSHA's mission statement is: OSHA's role is to promote the safety and health of America's working men and women by setting and enforcing standards; providing training, outreach and education; establishing partnerships; and encouraging continual process improvement in workplace safety and health.
The mission is achieved by providing a variety of services including researching industries with high injury and illness rates, targeting specific health and safety hazards for improvement, and providing education and training to employees and employers.
Areas of Emphasis Industries with a significant number of illness and injuries as compared with other industries receive special attention from OSHA with the goal of reducing injuries to employees. Recently the areas that have been identified as requiring special emphasis are landscaping; oil and gas field services; and construction of residential buildings, commercial buildings, highways, streets and bridges. The National Emphasis Program (NEP) identifies major health and safety hazards that require attention. Recently, NEP has identified that workers at microwave popcorn processing plants are at risk of inhaling the butter flavoring chemicals resulting in rare lung disease called bronchiolitis obliterans. Symptoms include progressive shortness of breath, persistent cough, and unusual fatigue. Action was taken quickly to protect workers when the hazard was identified. Research has also indicated that Hispanic workers are at a higher risk of injury than other groups, because they are more likely than non-Hispanics to work in low-skilled, high-risk construction occupations such as roofers and laborers. OSHA has targeted atrisk Hispanic employees with Spanish language publications and education programs.
Education and Training OSHA's extensive Web site provides an enormous amount of practical, easy to read and understand information for employees and employers (see Exhibit 13-4). Regulations
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Exhibit 13-4 Material Safety Data Sheet Employers with hazardous chemicals in the workplace are required to label them clearly and provide material safety data sheets (MSDS) such as shown here.
Material Safety Data Sheet
U.S. Department of Labor
May be used to comply with OSHA's Hazard Communication Standard, 29 CFR 1910.1200. Standard must be consulted for specific requirements.
Occupational Safety and Health Administration (Non-Mandatory Form) Form Approved OMB No.1218-0072
IDENTITY (As Used on Label and List)
Note: Blank spaces are not permitted. If any item is not applicable, or no information is available, the space must be marked to indicate that:
Section I Manufacturer's Name
Emergency Telephone Number
Address (Number, Street, City, State, and ZIP Code)
Telephone Number for Information Date Prepared Signature of Preparer (optional)
Section II — Hazardous Ingredients/Identity Information Other Limits
Hazardous Components (Specific Chemical Identity; Common Name(s)) OSHA PEL ACGIH TLV Recommended % (optional)
Section III — Physical/Chemical Characteristics Boiling Point
Specific Gravity (H2O = 1)
Vapor Pressure (mm Hg.)
Melting Point
Vapor Density (AIR = 1) Solubility in Water
Evaporation Rate (Butyl Acetate = 1)
Appearance and Odor
Section IV — Fire and Explosion Hazard Data Flash Point (Method Used)
Flammable Limits
LEL
UEL
Extinguishing Media Special Fire Fighting Procedures Unusual Fire and Explosion Hazards (Reproduce locally)
OSHA 174. Sept. 1985
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Exhibit 13-4 Continued
Section V — Reactivity Data Stability
Unstable
Conditions to Avoid
Stable Incompatibility (Materials to Avoid) Hazardous Decomposition or Byproducts Hazardous Polymerization
May Occur
Conditions to Avoid
Will Not Occur
Section VI — Health Hazard Data Route(s) of Entry:
Inhalation?
Skin?
Ingestion?
Health Hazards (Acute and Chronic)
Carcinogenicity:
NTP?
IARC Monographs?
OSHA Regulated?
Signs and Symptoms of Exposure Medical Conditions Generally Aggravated by Exposure Emergency and First Aid Procedures
Section VII — Precautions for Safe Handling and Use Steps to Be Taken in Case Material Is Released or Spilled Waste Disposal Method Precautions to Be Taken in Handling and Storing Other Precautions
Section VIII — Control Measures Respiratory Protection (Specific Type) Ventilation
Local Exhaust Mechanical (General)
Protective Gloves
Special Other Eye Protection
Other Protective Clothing or Equipment Work/Hygienic Practices Page 2
*U.S.G.P.O.: 1986-491-529/45775
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are clearly defined and compliance and inspection procedures are explained in simple terms. Education and training are a major emphasis of the OSHA Web site, and include handbooks for small business, e-mail newsletters, training program information, and interactive online training called "eTools" that covers dozens of occupational safety and health topics. The OSHA site is also available in Spanish.
Assisting Employers in Developing a Safer Workplace OSHA has made it a priority to work with small businesses in making the regulatory environment a little less intimidating. The language of the OSHA standards is now easier to understand, unnecessary rules have been eliminated, along with thousands of pages of regulations. An effort to reach out to small and entrepreneurial businesses and provide assistance and education includes the development of a four-part program to assist employers in developing a safer workplace. The four-part program includes the following.14 Management Commitment and Employee Involvement A first step toward safety is a strong management commitment to providing a safe and healthy workplace. Convincing employers to commit the time, effort, and expense necessary to protect employees should be easy considering the cost saving benefits, including: ■ ■ ■ ■ ■ ■ ■
Healthier employees Lower worker's compensation costs Reduced medical expenses Better quality products Increased productivity Increased morale Better labor/management relations
Once management has chosen to lead the way with a strong commitment to safety, it must be demonstrated with clear policies and action. Employee involvement must be developed by including them in identifying safety and health problems. Employee insight and perspective is a valuable resource and their cooperation is necessary. Their safety and goodwill is important to business success. How can a company get them involved? Employers can:15 ■ ■ ■ ■ ■ ■ ■
Develop and post a company worker safety policy near the OSHA workplace poster. Hold regular meetings on safety and health with employees. Require all management to follow the same safety standards as employees, including wearing hard hats, safety glasses and footwear. Create and post written safety responsibilities for line managers, supervisors, and employees. Allow adequate time and resources to determine hazards and correct them. Regularly review and evaluate safety initiatives with employees. Provide safety incentives including awards, prizes, or cash for workers or work units with excellent safety records.
Worksite Analysis Employers hold responsibility for understanding what is necessary to keep workers safe from harm. Employers who lack expertise in determining all possible hazards and relevant standards should consider asking their state or regional OSHA programs for a free and confidential visit. Private safety consultants also offer similar services for a fee. Self-inspections by managers and employees can provide valuable insight into potential and existing problems and how to prevent them. Employees should be encouraged to report concerns honestly and promptly without fear of reprisals. Records of previous injuries and illness may indicate patterns that help prevent future problems.
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WORKPLACE ISSUES
OSHA's Top Ten Violations Every year, OSHA complies and reports statistics on the most common workplace safety violations.17 The list doesn't vary much from year to year. This list explains the top ten most cited violations for 2008:18 1. Scaffolding Employers must protect employees from falls and falling objects when they are using scaffolding more than ten feet off the ground; 72 percent of workers injured in scaffold accidents attributed the accident to either the planking shifting or falling, the employee falling, or being struck by a falling object. Eighty-eight people were killed in 2007 from scaffold accidents. 2. Fall protection OSHA provides employers with standards indicating where fall protection is required for employees working over four feet off the ground in general industry; six feet in construction. The standards include what type of fall protection must be used in given situations. The majority of falls are from ladders and roofs. Falls are the leading cause of death on the job. 3. Hazard communication Employers are required to inform employees of the hazards of all chemicals in the workplace. Hazardous chemicals must be labeled and employees must be trained how to handle them. Material safety data sheets (MSDS) that explain the chemicals must be available to all employees. 4. Control of hazardous energy, lockout/tagout OSHA standards require that power for equipment and machinery be cut during maintenance and servicing. This prevents situations where an employee servicing the equipment may be injured because another worker turns the power back on by mistake. OSHA estimates that lockout/tagout (LOTO) procedures protect approximately 3 million workers who work with machinery or equipment. 5. Respiratory protection OSHA estimates that five million workers are required to wear respirators in over one million workplaces in the United States. Respirators protect
National Institute for Occupational Safety and Health (NIOSH) The government agency that researches and sets OSHA standards.
6.
7.
8.
9.
10.
against harmful dust, fog, smoke, gas, vapors, sprays, and environments where oxygen may be insufficient. This prevents cancer, lung disease and even death. Electrical wiring Electricity is a common workplace hazard. Standards protect electricians and construction workers who come into direct contact with electricity as well as workers who come into indirect contact with electricity. That includes nearly everyone. Powered industrial trucks (PIT) Powered equipment such as forklifts, motorized hand trucks, and pallet jacks are covered by OSHA standards. Standards cover design, maintenance, operation, and training procedures. Every year, employees are injured because of unsafe operation of powered industrial trucks when they are accidentally driven off loading docks or strike an employee. Property damage is also common. Ladders Falls from ladders and scaffolding combined are the biggest cause of occupational injury in the United States. In recent years, deaths from falls have varied from 160 to 809. Employers are required to protect workers who work over dangerous equipment or machinery, regardless of the distance. Machine guarding Moving machine parts must be covered or protected to prevent injuries like crushed fingers or hands, burns, eye injuries, or accidental amputations. Electrical systems This standard covers requirements for the way electrical systems in the workplace are designed. Workers should be protected from poorly designed electrical systems and workplace electrical hazards. According to the National Institute for Occupational Safety and Health (NIOSH) electrocution is the third leading cause of work-related injury death among 16–17-year-olds. Examples of hazards include coming into contact with power lines while working on roofs, using ladders, operating vehicles with telescoping equipment, and tree trimming.19
Hazard Prevention and Control Worksite analysis may uncover hazards that must be eliminated or controlled. OSHA state offices may provide valuable advice on how to do this, but there are many things employers can do themselves too. For example, once safe work procedures are established, they can provide adequate training so all employees can understand and demonstrate the safe procedures. A company can also make compliance with the procedures more than voluntary. Employees may consider safety equipment or protective clothing to be bulky, hot, or uncomfortable and may need some encouragement to use it. Refusal to use protective clothing or equipment must be taken seriously. The company disciplinary policy should be used by providing warnings and appropriate consequences to employees who do not comply with safety policies. If personal protective equipment is necessary, employers need to make sure employees know why it is necessary and know when to use it and how to maintain it. It is important to remember that if safety equipment such as boots or goggles is required, the employer must pay for it.16
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Companies must maintain equipment regularly to prevent breakdowns and hazardous situations. There needs to be a plan for fires and any natural disasters that an area is likely to experience and drills should be conducted so employees know how to respond quickly. All hazardous materials should be labeled and employees must have access to material safety data sheets (MSDS) as shown in Exhibit 13-4. Finally, employers should consider asking a local doctor or nurse to provide assistance with planning for first aid or medical emergencies. Training for Employees, Supervisors, and Managers Owners and managers need to be sure that employees understand possible workplace hazards and are trained in how to handle them. OSHA state consultants or private safety consultants will be able to recommend and provide relevant training for every business. An employer should attempt to make training memorable by making it interesting and interactive. And they shouldn't forget to provide training to new employees, or employees who are moving to new jobs. Finally, companies need to utilize the OSHA Web site for information about additional training programs.
Contemporary Health and Safety Issues Safety is everyone's responsibility and should be part of the organization's culture. Top management must show its commitment to safety by providing resources to purchase safety devices and maintaining equipment. Furthermore, safety should become part of every employee's performance goals. As we mentioned in Chapter 10 on performance evaluations, if something isn't included, there's a tendency to diminish its importance. Employers must always be aware of trends and developments that may produce concerns for the health and safety of employees. Let's examine several topics of current concern to employers.
Workplace Violence Recent episodes of violence in the workplace, on college campuses, and at schools have made us painfully aware that we cannot take safety for granted. No organization is immune, and the problem appears to be growing.20 An employee leaves the company's sensitivity training seminar and kills several of his co-workers; an upset purchasing manager stabs his boss because they disagreed over how paperwork was to be completed; a disgruntled significant other enters the workplace and shoots his mate; an employee becomes violent over having his wages garnished—incidents like these make the headlines. Workers in late-night retail establishments and health-care employees are also at a high risk of violence from customers and patients.21 Consider the following statistics: More than 1,000 employees are murdered, and more than 1 million employees are assaulted on the job each year in more than 300,000 occurrences of workplace violence costing organizations more than $120 billion.22 Homicide is in the top three causes of work-related deaths in the United States.23 According to OSHA, employees at increased risk of violence are workers who exchange money with the public, make deliveries, work alone or in small groups, work late night or early morning hours, or work in community settings where extensive contact with the public is necessary. This would include health care and social service workers, probation officers, gas and utility employees, phone and cable installers, retail workers, letter carriers, and taxi drivers, to name a few.24 The issue for employers, then, is how to prevent on-the-job violence and reduce liability should an unfortunate event occur.25 Because the circumstances of each incident are different, a specific plan of action for companies is difficult to detail. However, we have several suggestions. First, the organization must develop a plan to deal with the issue. This may mean reviewing all corporate policies to ensure that they do not adversely affect employees. In fact, the many cases where violent individuals caused mayhem in an office setting but didn't
At this height one must be extremely careful. While employers provide all the safety equipment required, sometimes accidents happen. In many cases, the cause is human error. As these window washers know, there's little margin of error before an accident happens. (Source: © AP/Wide World Photos)
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commit suicide have had one common factor: these employees were treated with neither respect nor dignity.26 They were laid off without any warning, or they perceived they were being treated too harshly in the discipline process. Sound HRM practices can help to ensure respect and dignity for employees even in the most difficult issues such as terminations. Organizations must also train their supervisory personnel to identify troubled employees before problems escalate to violence.27 Employee assistance programs (EAPs) can be designed specifically to help these individuals. Rarely does an individual go from being happy to committing some act of violence overnight! Furthermore, if supervisors are better able to spot the types of demonstrated behaviors that may lead to violence, they can remove those who cannot be helped through an employee assistance program before others are harmed.28 Organizations should also implement stronger security mechanisms.29 For example, many women killed at work following a domestic dispute die at the hands of someone who didn't belong on company premises. These individuals, as well as violence paraphernalia—guns, knives, and such—must be kept from entering the facilities altogether.30 More than 1,000 employees are murdered Sadly, no matter how careful the organization, or what attempts at preand more than 1 million employees are vention, workplace violence will occur.31 In those cases, the organization assaulted on the job each year. must be prepared to handle the situation and offer whatever assistance it can to deal with the aftermath.32
Indoor Air Quality
sick building An unhealthy work environment.
Unhealthy work environments are a concern to everyone. If workers cannot function properly at their jobs because of constant headaches, watering eyes, breathing difficulties, or fear of exposure to materials that may cause long-term health problems, productivity will decrease. Consequently, creating a healthy work environment is not only proper, it also benefits the employer. Often referred to as sick buildings, environments may contain airborne contaminants from office machines, cleaning products, construction activities, carpets and furnishings, perfumes, cigarette smoke, water-damaged building materials, latex products, perfumes, air fresheners, microbial growth (fungal/ mold and bacterial), insects, and outdoor pollutants. Other factors such as indoor temperatures, relative humidity, and ventilation levels can also affect how individuals respond to the indoor environment.33 Many employers have removed asbestos from their buildings. Links between extended exposure to asbestos and lung cancer have prompted various federal agencies such as the EPA to require companies to remove asbestos altogether or at least seal it so that it cannot escape into the air. But asbestos is not the only culprit. Germs, fungi, mold, and a variety of synthetic pollutants cause problems, too.34 Although specific problems and their elimination go beyond the scope of this text, some suggestions for keeping the workplace healthy include35 ■
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Scenes like this have become too familiar in the United States. Workplace violence accounts for more than 1,000 murders each year, and more than 1 million employees are assaulted on the job each year. It's an issue that management cannot ignore. (Source: © Heather Ainsworth/AP/Wide World Photos)
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Make sure workers have enough fresh air. The cost of providing it is minimal compared with the expense of cleaning up a problem. One simple tactic: unseal vents closed in overzealous efforts to conserve energy. Avoid suspect building materials and furnishings. As a general rule, if it stinks before installation, it will emit an odor afterward. Substitute tacks for smelly carpet glue or natural wood for chemically treated plywood. Test new buildings for toxins before occupancy. Failure to do so may lead to health problems. Most consultants say that letting a new building sit temporarily vacant allows the worst fumes to dissipate. Provide a smoke-free environment. If you don't want to ban smoking entirely, establish an area for smokers with its own ventilation system. Keep air ducts clean and dry. Water in air ducts is a fertile breeding ground for molds and fungi. Servicing the air ducts periodically can help eliminate growths before they cause harm.
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Pay attention to workers' complaints. Dates and particulars should be recorded by a designated employee. Because employees often are closest to the problems, they are a valuable source of information.
The information presented is important to follow, but one item in particular is noteworthy for us to explore a bit further. This is the smoke-free environment.
The Smoke-Free Environment Debate is hot over whether smoking should be prohibited in a public place of business, even, say, in a bar, where forbidding smoking could put the establishment out of business. The dangers and health problems associated with smoking have been well documented, and they translate into increased health insurance costs. Furthermore, smokers were found to be absent more than nonsmokers, to lose productivity due to smoke breaks, to damage property with cigarette burns, to require more routine maintenance (ash/butt cleanup), and to create problems for other employees through secondhand-smoke disorders. Smoke-free policies in conjunction with society's emphasis on wellness have appeared to control maladies associated with smoking. Although many nonsmokers would prefer a total ban on smoking in the workplace, it may not be the most practical. Employees who smoke may find quitting immediately impossible. The nicotine addiction may prohibit a cold-turkey approach for the most ardent smoker. Accordingly, a total ban on smoking should take a phased-in approach. For example, this gradual process may begin with representative employees helping determine the organization's smoke-free goals and timetables. This means deciding if the organization will ban smoking altogether over a period of time, or if special areas will be designated as smoking rooms. If the latter, such rooms must be properly ventilated to keep smoke fumes from permeating other parts of the facility. Consequently, the organization needs to look at incentives for encouraging people not to smoke (see Ethical Issues in HRM). As mentioned previously, health-care premiums—as well as life insurance policies—for smokers are significantly higher than for nonsmokers. Employers may decide to pay only the nonsmoking premium and WORKPLACE ISSUES
Faith in the Slaughterhouse Reverend Louis Hoger prefers to be called Lou as he visits with employees at Tyson Foods pork processing plant in Perry, Iowa. Tyson's employees 1,100 people at this facility and employs Hoger, a Lutheran minister, and Erasmo Velez, a Presbyterian minister, to provide pastoral care, counseling, and be a good listener to all Tyson employees, regardless of religious affiliation. Hoger and Velez are among a rising number of "Workplace Chaplains" at businesses ranging from a Coca-Cola bottling plant to a Cadillac dealership. Tyson employs chaplains in seven Iowa plants and eighty-one facilities nationally. There are at least 1,835 chaplains in companies throughout the United States, according to Marketplace Chaplains, an organization that supplies chaplains to businesses that are not large enough to hire one themselves.36 Hoger tries to visit all departments at the huge processing plant regularly, becoming a familiar presence to employees who might not need his guidance and comfort today, but may tomorrow. Issues of concern might
include drug and alcohol abuse or family problems such as a worker who was distracted and upset because she was estranged from her grandson. Hoger and Velez visit workers in the hospital, officiate at weddings and funerals, and discuss everyday life with the workers. "It's nice to have them around," states one employee who goes on to say "It's nice to have the spiritual help if people have a problem and need to talk about it." Brian Jackson, a supervisor, feels that the chaplains are a good complement to the supervisor employee relationship. "When it's a little too personal for us, they can help team members with their personal problems." Conversations are confidential, but the chaplains must go to the company if an employee threatens violence, reports discrimination or harassment, or works without proper documentation. The chaplains also avoid discussing issues that are covered by union contracts. Benefits of the workplace chaplain program include a reduction of turnover in high-stress jobs such as the pork processing plant in Perry. Other companies have found that the presence of a chaplaincy program assists in recruiting.37
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pass the additional premium costs on to smokers. Companies also require various options for individuals to seek help. Through assistance programs such as smokingcessation classes, the organization can show that it is making a deliberate commitment to eliminate the problems associated with smoking in the workplace.
Repetitive Stress Injuries repetitive stress injuries Injuries sustained by continuous and repetitive movements of the hand. musculoskeletal disorders (MSDs) Continuous-motion disorders caused by repetitive stress injuries. carpal tunnel syndrome A repetitive-motion disorder affecting the wrist.
Whenever workers are subjected to a continuous motion like keyboarding, without proper workstation design (seat and keyboard height adjustments), they run the risk of developing repetitive stress injuries, or musculoskeletal disorders (MSDs). These disorders, which account for nearly 40 percent of annual workplace illnesses include headaches, swollen feet, back pain, or nerve damage, cost U.S. companies several billion dollars annually, and account for one-third of all workers' compensation claims.38 The most frequent site of this disorder is in the wrist, called carpal tunnel syndrome. It affects more than 40,000 U.S. workers and costs companies more than $60 million annually in health-care claims.39 Given the magnitude of problems associated with MSDs, OSHA issued standards in late 2000 to combat this workplace problem—standards that saved nearly $10 billion from reduced work-related injuries.40 One chief means of reducing the potential effects of cumulative trauma disorders for an organization, however, is through the voluntary use of ergonomics.41 Ergonomics involves fitting the work environment to the individual. Reality tells us that every employee is different in shape, size, height, and so forth. Expecting each worker to adjust to standard office furnishings is just not practical. Instead, recognizing and acting on these differences, ergonomics looks at customizing the work environment until it is not only conducive to productive work but keeps the employee healthy.42 When we speak of ergonomics, we are primarily addressing two main areas: the office environment and office furniture.43 Organizations are reviewing office settings, the work environment, and space utilization in an effort to provide more productive atmospheres. This means that new furniture purchased is designed to reduce back strain and fatigue. Properly designed and fitted office equipment can also help reduce repetitive stress injuries.44 Furthermore, companies are using colors, rather than traditional white walls, and experimenting with lighting brightness as a means of lessening employee exposure to harmful eyestrain associated with computer monitors.
Stress stress A dynamic condition in which an individual confronts an opportunity, constraint, or demand related to a desire and perceives the outcome both uncertain and important.
Stress is a dynamic condition in which an individual confronts an opportunity, constraint, or demand related to what he or she desires, and for which the outcome is perceived as both uncertain and important. Stress is a complex issue, so let us look at it more closely. Stress can manifest itself in both positive and negative ways. Stress is said to be positive when the situation offers an opportunity for one to gain something; for example, the psyching up an athlete goes through can be stressful but can lead to maximum performance. When constraints or demands are placed on us, however, stress can become negative.45 Let us explore these two features—constraints and demands. Constraints are barriers that keep us from doing what we desire. Purchasing a new car may be your desire, but if you cannot afford it, you are constrained from purchasing it. Accordingly, constraints take control of a situation out of your hands. If you cannot afford the car, you cannot buy it. Demands, on the other hand, may cause you to give up something you desire. If you wish to go to a movie with friends on Tuesday night but have a major examination Wednesday, the examination may take precedence. Thus, demands preoccupy your time and force you to shift priorities. Constraints and demands can lead to potential stress. When coupled with uncertainty about the outcome and its importance, potential stress becomes actual stress. Regardless of the situation, if you remove uncertainty or importance, you remove stress. For instance, you may have been constrained from purchasing the car because of your
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budget, but if you just won one in a radio-sponsored contest, the uncertainty element is significantly reduced. Furthermore, if you are auditing a class for no grade, the importance of the major examination is essentially nil. Constraints or demands that affect an important event and leave the outcome unknown add pressure—pressure resulting in stress. We are not attempting to minimize stress in people's lives, but it is important to recognize that both good and bad personal factors may cause stress. Of course, when you consider the restructuring and other changes occurring in U.S. organizations, it is little wonder that stress is so rampant in today's companies. Stress-related problems are costing U.S. corporations nearly $300 billion annually in "lost productivity, increased karoshi worker compensation claims, turnover, and health care costs."46 And stress on the job A Japanese term meaning death from knows no boundaries. overworking. In Japan, a concept called karoshi refers to death from overworking—employees who die after working more than 3,000 hours the previous year—18-plus hours each day with nearly every minute scheduled out in specific detail. In Japan, upward of 10,000 individuals die One in six Japanese employees works more than 3,100 hours annually. annually from being overworked. Upward of 10,000 individuals die each year from heart attack or stroke, and karoshi is listed as their cause of death.47
Common Causes of Stress Stress can be caused by factors called stressors. Causes of stress can be grouped into two major categories: organizational and personal as shown in Exhibit 13-5.48 Both directly affect employees and, ultimately, their jobs. There is no shortage of stressors within any organization.49 Pressures to avoid errors or complete tasks in a limited time, a demanding supervisor, and unpleasant co-workers are a few examples. Below, we organize stressors into five categories: task, role, and interpersonal demands; organization structure; and organizational leadership.
stressor Something that causes stress in an individual.
Personal stress Personality type Family matters Financial problems
Employee stress
Organizational stress Role ambigulty Role conflict Role overload Technology Layoffs Restructuring
Exhibit 13-5 Major Stressors Sources of stress in an employee's life come from the organization and from personal life. Stress from each source tends to affect performance in the other.
Having a really aggravating day? It appears this employee is, too. After significant staffing cutbacks in the organization, she now does the work once handled by three workers. She still has a job, but the job is often overwhelming, causing stress. (Source: iStockphoto)
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role conflicts Expectations that are difficult to reconcile or achieve. role overload When an employee is expected to do more than time permits. role ambiguity When an employee is not sure what work to do.
type A behavior Personality type characterized by chronic urgency and excessive competitive drive. type B behavior Personality type characterized by lack of either time urgency or impatience.
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Task demands relate to an employee's job. They include the design of the person's job (autonomy, task variety, degree of automation), working conditions, and the physical work layout. Work quotas can put pressure on employees when their outcomes are perceived as excessive.50 The more interdependence between an employee's tasks and the tasks of others, the more potential stress present. Autonomy, on the other hand, tends to lessen stress. Jobs where temperatures, noise, or other working conditions are dangerous or undesirable can increase anxiety. So, too, can working in an overcrowded room or in a visible location where interruptions are constant. Role demands relate to pressures placed on an employee as a function of the particular role he or she plays in the organization. Role conflicts create expectations that may be hard to reconcile or satisfy. Role overload is experienced when the employee is expected to do more than time permits. Role ambiguity is created when role expectations are unclear and the employee is unsure what to do. Interpersonal demands are pressures created by other employees. Lack of social support from colleagues and poor interpersonal relationships can cause considerable stress, especially among employees with a high social need. Organization structure can increase stress. Excessive rules and an employee's lack of opportunity to participate in decisions that affect him or her are examples of structural variables that might be potential sources of stress. Organizational leadership represents the supervisory style of the organization's company officials. Some managers create a culture characterized by tension, fear, and anxiety. They establish unrealistic pressures to perform in the short run, impose excessively tight controls, and routinely fire employees who don't measure up. The effects of this style of leadership flow down through the organization to all employees. Personal factors that can create stress include family issues, personal economic problems, and inherent personality characteristics. Because employees bring their personal problems to work with them, a manager must first understand these personal factors in order to fully understand employee stress. Evidence also indicates that employee personality affects susceptibility to stress. The most commonly used descriptions of these personality traits is called Type A–Type B dichotomy. Type A behavior is characterized by a chronic sense of time urgency, excessive competitive drive, and difficulty accepting and enjoying leisure time. The opposite of Type A is Type B behavior. Type Bs rarely suffer from time urgency or impatience. Until quite recently, it was believed that Type As were more likely to experience stress on and off the job. A closer analysis of the evidence, however, has produced new conclusions.
DID YOU KNOW?
Employees Wasting Time at Work For years employers have touted the benefits of computers and technology in their support of enhanced productivity in the organization. But a question remains with regard to technology—that is, do employees use the technology for reasons other than work? For the most part, it appears the answer is yes—and it's called cyberloafing. Cyberloafing refers to the act of employees using their organization's Internet access during work hours to surf non–jobrelated Web sites and to send or receive personal emails. The evidence indicates that cyberloafing is consuming a lot of time among workers who have Internet access. Research indicates, for example, that nearly one-fourth of all U.S. employees with Internet access spend at least an hour of each workday visiting sites unrelated to their job. In addition, it is estimated that nearly
40 percent of employees' Internet use at work is for recreational purposes—20 percent of that for visiting pornographic Web sites. Cyberloafing is costing U.S. organizations millions of dollars each year. If the work itself isn't interesting or creates excessive stress, employees are likely to be motivated to do something else. If they have easy access to the Internet, that "something else" is increasingly using the Internet as a diversion. The solution to this problem includes making jobs more interesting to employees, providing formal breaks to overcome monotony, and establishing clear guidelines so employees know what online behaviors are expected. Many employers are also installing Web monitoring software, although there is evidence that such efforts can undermine trust in the organization and adversely affect employee morale.51
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It has been found that only the hostility and anger associated with Type A behavior is actually associated with the negative effects of stress. And Type Bs are just as susceptible to these same anxiety-producing elements. Managers must recognize that Type A employees are more likely to show symptoms of stress even if organizational and personal stressors are low.
Symptoms of Stress What signs indicate that an employee's stress level might be too high? Stress reveals itself in three general ways: physiological, psychological, and behavioral symptoms. Most early interest in stress focused on health-related, or physiological concerns. This was attributed to the realization that high stress levels result in changes in metabolism, increased heart and breathing rates, increased blood pressure, headaches, and increased risk of heart attacks. Because detecting many of these requires medical training, their immediate and direct relevance to managers is negligible. Of greater importance to managers are psychological and behavioral symptoms of stress, those that can be witnessed in the person. The psychological symptoms appear as increased tension and anxiety, boredom, and procrastination, which can all lead to productivity decreases. So too can behaviorally related symptoms such as changes in eating habits, increased smoking or substance consumption, rapid speech, or sleep disorders.
Reducing Stress Reducing stress presents a dilemma for managers.52 Some stress in organizations is absolutely necessary; without it, workers lack drive and incentive. Accordingly, whenever we consider stress reduction, we want to reduce its dysfunctional aspects. One of the first means of reducing stress is to make sure that employees are properly matched to their jobs—and that they understand the extent of their "authority." Furthermore, letting employees know precisely what is expected of them reduces role conflict and ambiguity. Redesigning jobs can also help ease work overload-related stressors. Employees need input in what affects them: involvement and participation have been found to lessen stress. Employers must recognize that no matter what they do to eliminate organizational stressors, some employees will still stress out. Employers have little or no control over personal factors. They also face an ethical issue when personal factors cause stress. That is, just how far can one intrude on an employee's personal life? To help deal with this issue, many companies have started employee assistance and wellness programs.53 These employer-offered programs are designed to assist employees in financial planning, legal matters, health, fitness, stress, and similar areas where employees are having difficulties.
A Special Case of Stress: Burnout Worker burnout is costing U.S. industry billions of dollars. Burnout is a multifaceted phenomenon, the byproduct of both personal and organizational variables. It can be defined as a function of three concerns: "chronic emotional stress with (a) emotional and/or physical exhaustion, (b) lowered job productivity, and (c) dehumanizing of jobs."55 Note that none of the three concerns includes long-term boredom. Boredom, often referred to as burnout, is not the same. Causes and Symptoms of Burnout The factors contributing to burnout can be identified as follows: organization characteristics, perceptions of the organization, perceptions of role, individual characteristics, and outcomes.56 Exhibit 13-6 summarizes these variables. Although they can lead to burnout, their presence does not guarantee that burnout will occur. Much of that outcome is contingent on the individual's capability to work under and handle stress. Because of this contingency, stressful conditions
burnout Chronic and long-term stress.
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Organization Characteristics
Perceptions of Organization
Perceptions of Role
Individual Characteristics
Caseload Formalization Turnover rate Staff size
Leadership Communication Staff support Peers Clarity Rules and procedures Innovation Administrative support
Autonomy Job involvement Being supervised Work pressure Feedback Accomplishment Meaningfulness
Family/friends Support Sex Age Tenure Ego level
Outcomes Satisfaction Turnover
Exhibit 13-6 Variables Found to Be Significantly Related to Burnout54 Burnout can come from a variety of job and personal issues. HRM professionals need to identify the symptoms and causes of burnout.
result in a two-phased outcome: the first level is the stress itself and the second level is the problems that arise from its manifestation. Reducing Burnout Recognizing that stress is a fact of life and must be properly channeled, effective organizations establish procedures for reducing these stress levels before workers burn out. Although no clear-cut remedies are available, four techniques are proposed:57 1. Identification Analyze the incidence, prevalence, and characteristics of burnout in individuals, work groups, subunits, or organizations. 2. Prevention Attempt to prevent the burnout process before it begins. 3. Mediation Develop procedures for slowing, halting, or reversing the burnout process. 4. Remediation Aid or redirect individuals who are already burned out or are rapidly approaching the end stages of this process. The key point is to first make accurate identification, and then, and only then, tailor a program to meet that need. The costs associated with burnout lead many companies to implement a full array of programs—including Employee Assistance Programs (EAPs)—to help alleviate the problem. Many of these programs are designed to do two tasks: increase productivity and make the job more pleasant for the worker.
Employee Assistance Programs
employee assistance programs (EAPs) Specific programs designed to help employees with personal problems.
No matter what kind of organization or industry one works in, employees will occasionally have personal problems. Whether the problem relates to job stress or to legal, marital, financial, or health issues, one commonality exists: if an employee experiences a personal problem, sooner or later it will manifest itself at the workplace in terms of lowered productivity, increased absenteeism, or turnover (behavioral symptoms of stress). To help employees deal with these personal problems, more companies are implementing employee assistance programs (EAPs).
A Brief History of EAPs Thus far, we have discussed the various aspects of HRM designed to create an environment where an employee can be productive. We emphasized finding the right employees to fit the jobs, training them to do the job, and then giving them a variety of opportunities to excel. All of this takes considerable time and money. Employees need time to become fully productive—a process that requires the company to invest in its people. As with any investment, the company expects an adequate return. Now, how does this relate to EAPs? Contemporary employee assistance programs (EAPs) are extensions of programs that had their start in U.S. companies in the 1940s.58 Companies such as DuPont, Standard Oil, and Kodak recognized that some employees were experiencing problems with alcohol. Formal programs were implemented on the company's site to educate these workers about the dangers of alcohol and help them overcome their addiction. The rationale
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for these programs, which still holds today, is returning a productive employee to the job as swiftly as possible. For example, suppose Robert has been with your company for years. Robert was always a solid performer, but lately you notice his performance declining. The quality of his work is diminishing; he has been late three times in the past five weeks, and rumor has it that Robert has a problem with alcohol. You have every right to discipline Robert according to the organization's discipline process, but discipline alone is unlikely to help, and after a time, you may end up firing him. You'll lose a once-good performer and must fill the position with another—a process that may take eighteen months to finally achieve Robert's productivity level. Instead of firing him, you decide to refer Robert to the organization's EAP. This confidential program works with Robert to determine the cause(s) of his problems and seeks to help him overcome them. He meets frequently at first with the EAP counselor, and after a short period of time, Robert is back on the job—with performance improving.59 After four months, he is performing at the level prior to when the problem Studies suggest that companies save at least got out of hand. You have your fully productive employee back in four $5 for every dollar spent on EAPs. months, as opposed to possibly eighteen months, had you fired and replaced Robert.
EAPs Today Following their early focus on alcoholic employees, EAPs have ventured into new areas such as adoption counseling, legal assistance, death of a loved one, and child–parent relations.60 However, one of the most notable areas is the use of EAPs to help control rising health insurance premiums, especially in mental health and substance abuse services.61 Organizations do see returns on these investments. U.S. companies spend almost $1 billion each year on EAP programs. Studies suggest that most companies save from $5 to $16 for every EAP dollar spent.62 That, for most organizations, is a significant return on investment! No matter how beneficial EAPs may be to an organization, one aspect cannot be taken for granted: employee participation. Employees must see EAPs as worthwhile, and designed to help them deal with personal problems.63 To accept EAPs, employees need to know about the program and understand its confidential nature.64 Accordingly, they need extensive information regarding how the EAP works, how they can use its services, and its guaranteed confidentiality. Furthermore, supervisors must be properly trained to recognize changes in employee behaviors and to refer them to the EAP in a confidential manner.65
Wellness Programs/Disease Management In addition to EAPs, many organizations are implementing wellness programs— many designed to help employees avoid certain diseases. A wellness program is designed to keep employees healthy.66 These programs are varied and may focus on smoking cessation, weight control, stress management, physical fitness, nutrition education, high blood pressure control, violence protection, work-team problem intervention, and other issues.67 Wellness programs can help cut employer health costs and lower absenteeism and turnover by preventing health-related problems.68 Healthcare products company Johnson and Johnson reported that their employee healthcare costs dropped from $13 million to $4.5 million after they created a wellness program that included screening for high cholesterol, high blood pressure, diabetes, cancer cardiovascular disease, and other conditions. The program also included seminars on stress management and other health issues.69 It is interesting to note that similar to EAPs, wellness programs work only when employees see value in them. This requires top management support—resources and personal use of the programs—or the wrong message may be sent to employees. Second, wellness programs need to serve the family as well as the employees themselves. This not only provides an atmosphere where families can get healthy together, it also reduces
wellness programs Organizational programs designed to keep employees healthy.
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ETHICAL ISSUES IN HRM
Smokers and the Obese Need Not Apply Almost every organization in the United States recognizes that it's imperative to have healthy employees. Given the significant cost increases in health insurance coverage for employees (see Chapter 12), employers have looked at a number of ways to reduce these ever-increasing financial burdens. Many have implemented wellness/disease-management programs designed to assist employees in maintaining a healthy life. Programs such as exercise, diet, blood pressure control, and smoking cessation can be found in nearly all organizations that offer such assistance to employees. But some other organizations are viewing this a bit differently. Rather than assist employees in preventing such difficulties, they are simply deciding to not hire smokers and individuals who are obese because of the increased risk of health issues. As long as obesity is not attributable to a disability (which would be a potential EEO violation), the organization has every right to do so. Only some states protect the rights of smokers in regard to employment and smokers may be charged higher insurance premiums in any state. Statistics show that the smokers and the obese have greater health problems, which increase the cost of health insurance to the organization. And these costs are not just for health insurance premiums but may also include increases in an organiza-
tion's life and disability insurance, as well as workers' compensation. Whirlpool Corp. recently suspended thirty-nine smokers in 2008 for claiming on their benefits enrollment form that they were nonsmokers to avoid a $500 annual tobacco-use surcharge on their health insurance premium. Scott's Miracle Gro prohibits smoking by employees and fires those who fail random tests for nicotine. Discrimination against the obese is much more subtle than the policies against smokers. Research at the University of Hawaii has found that in the absence of policies against hiring the obese, overweight people are discriminated against in the hiring process because employers are concerned about insurance costs and future health conditions as well as the perception that they may have physical limitations that would limit their ability to do their job.71 Research seems to indicate that the perceptions may be true. Obesity is costing U.S. corporations more than $13 billion annually and results in more than 50 million lost productive days at work. The obese spend approximately 90 million days in the hospital each year. As such, refusing to hire them is viewed as a cost-cutting matter.72 What's your feeling on this issue? Should employers be allowed to "discriminate" against smokers and the obese? Why or why not?
possible medical costs for dependents. And finally comes the issue of employee input. Even the best programs, if designed without considering employees' needs, may fail. Organizations need to invite participation by asking employees what they'd use if available. Although many organization members know that exercise is beneficial, few companies initially addressed how to involve employees. But after finding out that employees would like on-site workout facilities or exercise classes, many organizations began appropriate program development. As wellness programs continue to expand in corporate America, top management support is still intermittent but increasing. Why? Because in finding out how to involve senior executives it was discovered that they, too, wanted a place to go for exercise. Many of these executives receive membership in health clubs as perks. Whether executives or support staff participate in wellness programs or EAPs, U.S. organizations appear to be continuing their efforts to support a healthy work environment. The companies reap a good return on their investments, and thus programs such as EAP and wellness have proven to be win–win opportunities for all involved.70
International Safety and Health It is important to know the safety and health environments of each country in which an organization operates. Generally, corporations in Western Europe, Canada, Japan, and the United States put great emphasis on the health and welfare of their employees. However, most businesses in less-developed countries have limited resources and thus cannot establish awareness or protection programs. Most countries have laws and regulatory agencies that protect workers from hazardous work environments. It is important for American firms to learn the often complex regulations that exist, as well as cultural expectations of the local labor force.
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International Safety and Health
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Manufacturers, in particular, where a myriad of potentially hazardous situations exist, must design and establish facilities that meet the expectations of the local employees, not necessarily those of Americans.
International Health Issues Corporations preparing to send executives on overseas assignments should have a few basic health-related items on every checklist: ■
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Up-to-date vaccinations against infectious diseases such as cholera, typhoid, and smallpox. Each country has its own vaccination requirements for entry. In addition, the U.S. Department of State Traveler Advisories hotline provides alerts to specific problems with diseases or regions within a country. The Center for Disease Control (CDC) Web site also contains vaccination information for destinations worldwide. A general first-aid kit This should include all over-the-counter medications such as aspirin and cold and cough remedies that the employee or family members would usually take at home but that might not be available at the overseas drugstore. In addition, any prescription drugs should be packed in twice the quantity expected to be used, and should never be packed entirely in checked luggage in case it gets lost. It also is advisable to know the generic name—not the U.S. trade name—of any pharmaceutical. Finally, special items such as disinfectant solutions to treat fresh fruit or vegetables and water-purifying tablets should be included as the sanitation system of the host country warrants. Emergency plans Employees should contact their health insurance provider for procedures and coverage if they become injured or ill while traveling. Contact information for the U.S. embassy or consulate and any contact information an employee's health insurance provider may require should be gathered ahead of time. Additional travel insurance that will provide emergency transportation back to the United States if desired should be purchased. On arrival at the foreign destination, employees should check out the local medical and dental facilities and what care can be expected in the host country. This might include evacuation of a sick or injured employee or family member to another city or even another country. For example, expatriates in China often prefer to go to Hong Kong even for regular medical checkups. It is always wise to take along copies of all family members' medical and dental records. Anyone who travels outside the United States should visit the U.S. State Department's Travel and Living Abroad Web site. This site provides such valuable information as "Emergencies and Warnings, Living Abroad," and other helpful links that can assist in preparing for foreign travel.
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Chapter 13 Ensuring a Safe and Healthy Work Environment
International Safety Issues Safety for the employee has become increasingly an issue of security, both while traveling and after arrival. Again, the U.S. State Department provides travel alerts and cautions on its Web page. Safety precautions, however, begin before the overseas journey. Flying first class may be a matter of status and comfort, but experience with skyjacks has shown that it is safer to fly economy class. The goal is to blend into the crowd as much as possible, even if the corporation is willing to pay for greater luxury. Many corporations offer the following advice for traveling executives: blending in includes wearing low-key, appropriate clothing, not carrying expensive luggage, avoiding luggage tags with titles such as "vice president," and, if possible, traveling in small groups. On arrival at the airport, it is advisable to check in at the airline's ticket counter immediately and go through security checkpoints to wait in the less public gate area. Once the expatriate family has landed, the goal remains to blend in. These individuals must acquire some local "savvy" as quickly as possible; in addition to learning the language, they also must adapt to local customs and try to dress in the same style as the local people. Foremost on many individuals' minds when they go abroad is security. Many corporations now provide electronic safety systems, floodlights, and the like for home and office, as well as bodyguards or armed chauffeurs, but individual alertness is the key factor. Kidnappers often seek potential targets who are valuable to either a government or corporation, with lots of family money or a wealthy sponsor, and they look for an easy opportunity to plan and execute the kidnapping. This last criterion makes it important to avoid set routines for local travel and other behaviors. The employee should take different routes between home and office, and the children should vary their paths to school. The family food shopping should be done at varying times each day or in different markets, if possible. These and other precautions, as well as a constant awareness of one's surroundings, are important for every family member.
Summary (This summary relates to the Learning Outcomes identified on page 312.) After having read this chapter you can 1. Discuss the organizational effect of the Occupational Safety and Health Act. The Occupational Safety and Health Act (OSH Act) outlines comprehensive and specific safety and health standards. 2. List Occupational Safety and Health Administration (OSHA) enforcement priorities. OSHA has an established five-step priority enforcement process consisting of imminent danger, serious accidents, employee complaints, inspection of targeted industries, and random inspections. 3. Explain what punitive actions OSHA can impose on an organization. OSHA can fine an organization up to a maximum penalty of $70,000 if the violation is severe, willful, and repetitive. For violations not meeting those criteria, the maximum fine is $7,000. OSHA may, at its discretion, seek criminal or civil charges against an organization's management if they willfully violate health and safety regulations. 4. Describe what companies must do to comply with OSHA record-keeping requirements. Companies in selected industries must complete OSHA Form 300 to record job-related accidents, injuries, and illnesses. This information is used to calculate the organization's incidence rate. 5. Identify ways that OSHA assists employers in creating a safer workplace. OSHA helps employers through education, training programs, and developing a four-part program for businesses that includes: developing management commitment and employee involvement, worksite analysis to identify problems, hazard prevention and control, and training for employees, supervisors, and managers.
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Key Terms
6. Describe the most cited OSHA safety violations. The ten most cited safety violations include: scaffolding, fall protection, hazard communication, control of hazardous energy, respiratory protection, electrical wiring, powered industrial trucks, ladders, machine guarding, and electrical systems. 7. Explain what companies can do to prevent workplace violence. A company can help prevent workplace violence by ensuring that its policies are not adversely affecting employees, by developing a plan to deal with the issue, and by training its managers in identifying troubled employees. 8. Define stress and the causes of burnout. Stress is a dynamic condition in which an individual is confronted with an opportunity, constraint, or demand for which the outcome appears important and uncertain. Burnout is caused by a combination of emotional and/or physical exhaustion, lower job productivity, or dehumanizing jobs. 9. Explain how an organization can create a healthy work site. Creating a healthy work site involves removing any harmful substance, such as asbestos, germs, mold, fungi, cigarette smoke, and so forth, thus limiting employee exposure. 10. Describe the purposes of employee assistance and wellness programs. Employee assistance and wellness programs offer employees a variety of services to support mental and physical health, which in turn helps contain organization health-care costs.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. 2. 3. 4. 5. 6. 7. 8.
What are the objectives of the Occupational Safety and Health Act? Describe the priorities of OSHA investigations. Identify three methods of preventing accidents. How are incidence rates calculated? What do the results indicate? What is stress? How can it be positive? Differentiate between physiological, psychological, and behavioral stress symptoms. What can organizations do to help prevent workplace violence? Describe how EAPs and wellness programs help an organization control rising medical costs. 9. What must an organization do differently with respect to health and safety when operating in another country?
Key Terms burnout carpal tunnel syndrome employee assistance programs (EAPs) imminent danger
incidence rate karoshi Marshall v. Barlow's, Inc. musculoskeletal disorders (MSDs) National Institute for
Occupational Safety and Health (NIOSH) repetitive stress injuries role ambiguity role conflicts role overload
sick building stress stressor Type A behavior Type B behavior wellness program
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Chapter 13 Ensuring a Safe and Healthy Work Environment
HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. "Safety and health practices are good business decisions." Build an argument supporting this statement. 2. "OSHA inspections can become a cat-and-mouse maneuvering activity for organizations. This doesn't serve the interest of the organization, the employees, or OSHA." Do you agree or disagree? Explain your response. 3. "Employers should be concerned with helping employees cope with both job-related stress and off-the-job stress." Do you agree or disagree? Discuss. 4. "Supervisors should know which employees are having troubles and may ultimately cause harm to other employees. When they
identify such an individual, they should take some action to ensure that the employee receives assistance before a disaster strikes." Build an argument supporting this statement and one that does not. 5. Some medical experts believe that regular daily exercise results in better health, improved conditioning, and greater tolerance of stressful situations. What would you think about being employed by a company that required you to work out daily on company time? Do you think this would help or hurt the company's recruiting ability? Explain your position.
Developing Diagnostic and Analytical Skills Case Application 13: PROTECTION OSHA-STYLE Some employers cringe at the thought of OSHA regulations and inspections. These organizations often feel that the regulations are costly to follow, require them to implement practices or procedures that are not needed, and are just plain restrictive. OSHA, on the other hand, sees this differently. If by their actions they can prevent workplace injury or death, then OSHA inspectors feel these inconveniences are worth it. Consider the following:73 ■
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OSHA compliance officers from the El Paso, Texas, District Office made two employees who were working eighty feet above ground stop working until a fall protection system was installed. The workers and the company complied with the request. A construction worker at National Riggers and Erectors is glad such fall protection systems exist. Working in Green Bay, Wisconsin, on the renovation to the Green Bay Packers' football stadium, this worker slipped off a beam while working some six stories above the ground. Through the use of his fall protection gear, he was rescued unharmed and was able to return to work. Not sixty days later, this same system protected a second fall victim at the stadium. Both of these workers undoubtedly would have died from the fall without such protection. Two window washers were left dangling high above the ground after their scaffolding broke. Again their safety equipment prevented them from a certain death—dangling them high above the ground while they awaited rescue. Several workers were ordered off a deteriorating floor at a demolition site in Chicago. The inspector noticed the flooring was not
Working with a Team
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stable while workers worked to dismantle part of the floor overhead. Within hours of having the workers removed, the overhead floor caved in—right at the spot where the workers previously stood. An OSHA inspector ordered a worker out of a trench that had no shoring or protection from the side walls caving in. Barely thirty seconds after the worker left the trench, it collapsed. Had this worker not followed the inspector's order to get out, he surely would have been seriously injured or killed.
Such stories—some successful and others tragic—occur every day. Unfortunately, headlines are not typically made unless there is some disaster. For OSHA, the success stories are what employee safety is all about—preventing the death or serious injury of all employees! Questions: 1. What roles do OSHA inspections play in preserving safe and healthy work environments? Discuss. 2. "OSHA shouldn't have to inspect every worksite. Employers should act as their own safety inspectors and take action that is warranted." Build an argument supporting this statement, and one opposing this statement. 3. Had any of the five events listed above led to serious injury or death, do you believe the employer was liable? Why or why not? If you believe the employer is liable, do you believe any of these could be construed as willful and severe? Defend your position.
HEALTH AND SAFETY
Your team may wish to role-play this case for the class then discuss what the supervisor in the scenario should do and how he should respond.
Billy Jo Rhea has been a machinist for Linco Tool and Die, a manufacturer of engine parts for large motors, for sixteen years. Lately, more of Billy Jo's parts have been rejected for errors; he seems
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Enhancing Your Communication Skills preoccupied with outside matters—leaving early, asking to take off days beyond sick days allowed. He has missed three work days in two weeks, and Charlie, his supervisor, wondered if he smelled alcohol on his breath after lunch yesterday. Charlie hasn't said anything yet; he doesn't want to invade Billy Jo's privacy. He thinks Billy Jo, who in the past has been cooperative, positive, highly productive, and rarely sick or absent, may just be going through a tough time. Besides, the past month has been difficult because a major shipment required overtime and all machinists have been asked to work eighty to ninety-five hours a week until the shipment is complete. At lunch, Charlie overhears an argument between Billy Jo and a coworker, Terry, each blaming the other for a part being rejected by quality assurance. Billy Jo tells Terry to "stay out of his way and his area," and that "the next time they'll settle it outside," poking him in the chest with his finger. Billy Jo then slams a $250 gauge down on the floor, shouts profanities, and adds, "I don't care if the
Learning an HRM Skill
part falls off or if this place burns to the ground, anymore; I've about had all I can take of you and this place! You know my wife left me for my best friend last week, left me with a two-year-old to raise by myself, and my other kid got expelled for possession. It just doesn't much matter to me what you think, so I'd leave me alone if I were you!" Charlie heads for the human resource office, unsure of how to proceed. Here are some questions to guide you: 1. What should Charlie do? 2. What advice would you, as the human resource manager, give Charlie? 3. How should Charlie respond to the immediate situation? 4. How can you apply the assessment questions regarding violence to help Charlie and other supervisors handle future situations more effectively?
DEVELOPING SAFETY SKILLS
About the Skill Here are several steps we recommend for developing an organization's safety and health program. Whether or not such programs are chiefly the responsibility of one individual, every supervisor must work to ensure that the work environment is safe for all employees. 1. Involve management and employees in developing a safety and health plan. If neither group can see the usefulness and the benefit of such a plan, even the best plan will fail. 2. Hold someone accountable for implementing the plan. Plans do not work by themselves. They need someone to champion the cause. This person must have the resources to put the plan in place and also must be accountable for what it's intended to accomplish. 3. Determine the safety and health requirements for your work site. Just as each individual is different, so is each workplace. Understanding the specific needs of the facility will aid in determining what safety and health requirement will be necessary. 4. Assess workplace hazards in the facility. Identify potential health and safety problems on the job. Understanding what exists helps you determine preventive measures.
5. Correct hazards that exist. Fix or eliminate hazards identified in the investigation. This may mean decreasing the effect of the hazard or controlling it through other means (for example, protective clothing). 6. Train employees in safety and health techniques. Make safety and health training mandatory for all employees. Employees should be instructed in how to do their jobs in the safest manner and understand that any protective equipment provided must be used. 7. Develop the employee mindset that the organization is to be kept hazard-free. Often employees are the first to witness problems. Establish a means for them to report their findings, including having emergency procedures in place, if necessary. Ensuring that preventive maintenance of equipment follows a recommended schedule can also prevent breakdown of equipment from becoming a hazard. 8. Continuously update and refine the safety and health program. Once the program has been implemented, it must continuously be evaluated and necessary changes made. Documenting program progress is necessary for this analysis.
Enhancing Your Communication Skills 1. Visit OSHA's Web site (www.osha.gov). Locate a news release on an OSHA activity. Provide a two- to three-page summary of the news release, focusing on what OSHA is intending to do, the effect on workers, and the effect on employers. 2. Develop a two- to three-page argument on why sick buildings should be "cured" immediately. Support your position with appropriate documentation. 3. Search YouTube at www.youtube.com for a 2–5 minute video about employee assistance programs and the services provided.
Prepare a presentation to your class including the content of the video. 4. Research contemporary employee health and safety issues such as: lack of sleep, bullying in the workplace, workplace spirituality, or another topic of personal interest. Present your research to your class with a 10–15 minute multimedia presentation.
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Chapter 14 Understanding Labor Relations and Collective Bargaining Learning Outcomes After reading this chapter, you will be able to
1 2
Define the term union.
3
Identify the significance of Executive Orders 10988 and 11491 and the Civil Service Reform Act of 1978.
4 5 6 7 8 9 10
340
Discuss what effect the Wagner and the Taft-Hartley Acts had on labor–management relations.
Describe the union-organizing process. Describe the components of collective bargaining. Identify the steps in the collective-bargaining process. Explain the various types of union security arrangements. Describe the role of a grievance procedure in collective bargaining. Identify the various impasse-resolution techniques. Discuss how sunshine laws affect public-sector collective bargaining.
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anagement and employees do not always agree. When the workers are represented by a third party called a union, these disagreements can escalate into a work stoppage called a strike if it's initiated by the union, or a lockout if it's initiated by management. Strikes and lockouts are disruptive and costly to workers, management, and people who depend on the goods and services that are not produced during the work stoppage. In recent years several work stoppages have caused major disruptions.
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UPS strike lasting fifteen days and stopping about 83 percent of U.S. package deliveries. National Hockey League lockout lasting 310 days that cancelled an entire season. West Coast dockworkers were locked out for ten days causing an estimated economic loss of over 15 billion dollars.1 Screenwriters Guild of America's strike that lasted 100 days, halting most of the 2007–2008 television season.
Isn't there anything that can be done to eliminate the effects of a labor dispute—so society doesn't bear the brunt of a labor-management dispute? There is one possible answer—it's called the virtual strike—and it's a method that's been successfully used for over fifty years in labor disputes around the globe.2 Under the arrangements of a virtual strike, both labor and management put their financial resources at risk. Specifically, rather than work stopping, the wages that would have been paid to employees, as well as the
profits that would have been earned by the company, are placed in a special fund. If an agreement is reached within a specified period of time, the money is returned to the respective groups. If, however, a settlement is not reached, the money is forfeited and usually donated to charity. This places the direct effect of a work stoppage on the involved parties. Because work continues, there is no loss of goods or services for the general public, so spillover effects are eliminated. Imagine how reassuring that would be if the dispute was between a city and its firefighters. Rather than reducing or even stopping a vital public service, only those directly involved in the labor dispute are affected. Virtual strikes have been utilized in Italy and Israel, with good results.
They've even been tried in the United States on a few occasions, which shortened a threatened long strike effort. So they appear to work—and work well. The intent of the virtual strike is to make only those directly involved in a dispute feel the pain and to shorten the dispute in most cases because the parties are more focused and have more at stake. Will they ever catch on in a widespread manner? It's apparent that U.S. labor–management relations often use the public opinion element as a means of influencing one side or the other. Until this strategy is reduced or eliminated, the use of the virtual strike is unlikely to grow significantly. That's too bad for the rest of society that has to suffer in a labor dispute.
(Source: AP/Wide World Photos)
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Chapter 14 Understanding Labor Relations and Collective Bargaining
Introduction union Organization of workers, acting collectively, seeking to protect and promote their mutual interests through collective bargaining.
A union is an organization of workers, acting collectively, seeking to promote and protect its mutual interests through collective bargaining. However, before we can examine the activities surrounding the collective bargaining process, it is important to understand the laws that govern the labor–management process, what unions are, and how employees unionize. Although just over 12 percent of the private sector workforce is unionized, the successes and failures of organized labor's activities affect most segments of the workforce in two important ways.3 First, major industries in the United States—such as automobile manufacturing, communications, construction, as well as all branches of transportation—are unionized, and so unions have a major effect on important sectors of the economy (see Exhibit 14-1). Second, gains made by unions often spill over into other, nonunionized sectors of the economy.4 So, the wages, hours, and working conditions of nonunion employees at a Linden, New Jersey, lumberyard may be affected by collective bargaining between the United Auto Workers and General Motors at one of the latter's North American assembly plants. For many managers, HRM practices in a unionized organization consist chiefly of following procedures and policies laid out in the labor contract. This labor contract, agreed to by both management and the labor union, stipulates, in part, the wage rate, hours of work, and terms and conditions of employment for those covered by the negotiated agreement. Decisions about how to select and compensate employees, employee benefits offered, procedures for overtime, and so forth are no longer unilateral prerogatives of management for jobs that fall under the unions' jurisdiction. Such decisions are generally made when the labor contract is negotiated. The concept of labor relations and the collective-bargaining process may have different meanings to different individuals depending on their experience, background, and so on. We can examine these areas by understanding both the laws that underpin labor-management relationships and why people join unions.
Exhibit 14-1 Union Membership by Industry Classification (Selected)5 The percent of employees represented by a union vary by industry as this chart indicates. Government and transportation workers tend to be the most likely to belong to a union.
Agriculture
2.8%
Wholesale trade
5.2%
Information
12.7%
Professional and business services
2.1%
Mining
6.9%
Construction
15.6%
Financial/insurance/ real estate
1.8%
Transportation and utilities
22.2%
Manufacturing
11.4%
Government
36.8%
0
5
10
15
20
25
30
35
40
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Why Employees Join Unions
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Why Employees Join Unions Individuals join unions for reasons as diverse as the people themselves. Just what are they seeking to gain when they join a union? The answer to this question varies—perhaps it is a family history of union membership6 or an attractive union contract—but the following captures the most common reasons.
Higher Wages and Benefits The power and strength of numbers sometimes help unions obtain higher wages and benefit packages for their members than employees can negotiate individually. One or two employees walking off the job over a wage dispute is unlikely to significantly affect most businesses, but hundreds of workers going out on strike can temporarily disrupt or even close down a company. Additionally, professional bargainers employed by the union may negotiate more skillfully than any individual could on his or her own behalf. The AFL-CIO, a large labor organization, estimates that employees in unions earn 30 percent more than workers in comparable jobs who do not belong to unions. Union members are also 50 percent more likely to have health insurance benefits or paid personal leave and nearly 300 percent more likely to have a defined-benefit pension plan.7
Greater Job Security Unions provide their members with a sense of independence from management's power to arbitrarily hire, promote, or fire. The collective-bargaining contract will stipulate rules that apply to all members, thus providing fairer and more uniform treatment.
Influence Over Work Rules Where a union exists, workers can help determine the conditions under which they work and have an effective channel through which they can protest conditions they believe are unfair. Therefore, a union not only represents the worker but also provides rules that define channels in which worker complaints and concerns can be registered. Grievance procedures and rights to third-party arbitration of disputes are examples of practices typically defined and regulated as a result of union efforts.
Compulsory Membership Many labor agreements contain statements commonly referred to as union security arrangements. When one considers the importance of security arrangements to unions—importance related to numbers and guaranteed income—it is no wonder that such emphasis is placed on achieving a union security arrangement that best suits their goals. Such arrangements range from compulsory union membership to giving employees the freedom in choosing to join the union.8 The various types of union security arrangements—the union shop, the agency shop, and the right-to-work shop, as well as some special provisions under the realm of union security arrangements—are briefly discussed below and summarized in Exhibit 14-2. The most powerful relationship legally available to a union is a union shop. This arrangement stipulates that employers, while free to hire whomever they choose, may retain only union members. That is, all employees hired into positions covered under the terms of a collective-bargaining agreement must, after a specified probationary period of typically thirty to sixty days, join the union or forfeit their jobs.9 Right to work laws exist in twenty-two states prohibiting agreements that require employees to join a union as a condition of employment (see Exhibit 14-3). Employees in right to work states are guaranteed the right to decide for themselves whether they want to support the union financially. These states are often targets of unions who
union security arrangements Labor contract provisions designed to attract and retain dues-paying union members.
union shop Any nonunion workers must become dues-paying members within a prescribed period of time. right to work laws Prohibit union membership as a condition of employment.
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Chapter 14 Understanding Labor Relations and Collective Bargaining
Exhibit 14-2 Union Security and Related Provisions
Union Shop
The strongest of the union security arrangements. Union shops make union membership compulsory. After a given period of time, typically thirty days, a new employee must join the union or be terminated. A union shop guarantees the union dues-paying members. In a right-to-work state, union shops are illegal.
Agency Shop
The second strongest union security arrangement, the agency shop, gives workers the option of joining the union or not; membership is not compulsory. However, because the "gains" made at negotiations will benefit those not joining the union, all workers in the unit must pay union dues. Supreme Court decisions dictate that nonmembers of the union who still pay dues have the right to have their monies used solely for collective-bargaining purposes. Like the union shop, the agency shop is illegal in a right-to-work state.
Open Shop
The weakest form of a union security arrangement is the open shop. In an open shop, workers are free to join a union. If they do, they must stay in the union for the duration of the contract—and pay their dues. Those who do not wish to join the union pay no dues. In an open shop, an escape clause allows a grace time (typically two weeks) in which an individual may quit the union. The open shop is based on the premise of freedom of choice and is the only union security arrangement permitted under right-to-work legislation.
Maintenance of Membership Because unions must administer their operations in an open shop once someone joins the union, they must maintain their union affiliation and pay their dues for the duration of the contract. At the end of the contract, an escape period exists in which those desiring to leave the union may do so. Dues Check off
agency shop A union security arrangement whereby employees must pay union dues to the certified bargaining unit even if they choose not to join the union.
open shop Employees are free to join the union or not, and those who decline need not pay union dues.
Dues check off involves the employer deducting union dues directly from a union member's paycheck. Under this provision, the employer collects the union dues and forwards a check to the union treasurer. Generally management does not charge an administrative fee for this service.
would like to see the laws changed to provide a more supportive environment for unions. The National Right to Work Committee provides support for those who oppose compulsory union membership. An agreement that requires nonunion employees to pay the union a sum of money equal to union fees and dues as a condition of continuing employment is referred to as an agency shop. This arrangement was designed as a compromise between the union's desire to eliminate the "free rider" and management's desire to make union membership voluntary. In such a case, if for whatever reason workers decide not to join the union (for example religious beliefs and values), they still must pay dues. Because workers will receive benefits negotiated by the union, they must pay their fair share. However, a 1988 Supreme Court ruling upheld nonunion members' claims that although in an agency shop they are forced to pay union dues, those monies must be specifically used for collective-bargaining purposes only—not for political lobbying. The least desirable form of union security from a union perspective is the open shop, in which joining a union is totally voluntary. Those who do not join are not required to pay union dues or any associated fees. Workers who do join, typically have a
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Why Employees Join Unions
Exhibit 14-3 States with Right to Work Laws This map illustrates the twenty-two states with right to work laws that guarantee employees the right to choose whether to join a union or not. Source: National Right to Work Committee (www.nrtwc.org)
WA
NH VT
MT OR
MN ID
MA WI
SD
NY PA
IA
NE
NV
OH IL
UT
CO KS
IN
MO
WV
OK
NM
NC
AR
SC MS
TX
VA
NJ DE MD
KY TN
AZ
RI CT
MI
WY
CA
ME
ND
AL
GA
LA
AK FL
HI
Right to work state Forced-unionism state
maintenance-of-membership clause in the existing contract that dictates certain provisions. Specifically, a maintenance-of-membership agreement states that employees who join the union are compelled to remain in the union for the duration of the existing contract. When the contract expires, most such agreements provide an escape clause—a short interval of time, usually ten days to two weeks—in which employees may choose to withdraw their membership from the union without penalty. A provision that often exists in union security arrangements is a dues check-off, which occurs when the employer withholds union dues from members' paychecks. Similar to other pay withholdings, the employer collects the dues money and sends it to the union. Employers provide this service, and the union permits them to do so for several reasons. Collecting dues takes time, so a dues check-off reduces downtime by freeing the shop steward from going around to collect dues. Furthermore, recognizing that union dues are the primary source of union income, knowledge of how much money is in the union treasury can clue management into whether a union is financially strong enough to endure a strike. Given these facts, why would a union agree to such a procedure? The answer lies in guaranteed revenues. By letting management deduct dues from a member's paycheck, the union is assured of receiving their monies. Excuses from members that they don't have their money or will pay next week are eliminated.
Dissatisfaction with Management Among various reasons why employees join a union, we see one common factor: management, especially the first-line supervisor. If employees are upset with the way their supervisor handles problems, upset over how a co-worker has been disciplined, and so
maintenance of membership Requires an individual who chooses to join a union to remain in the union for the duration of the existing contract.
dues check-off Employer withholding of union dues from union members' paychecks.
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on, they are likely to seek help from a union. In fact, it is reasonable to believe that when employees vote to unionize, it's often a vote against their immediate supervisor rather than a vote in support of a particular union.10
Labor Legislation
Unions often display their dissatisfaction with contract negotiations by going on strike. The Writer's Guild of America went on strike when negotiations over writer compensation reached an impasse in 2007, ending production of television shows for several months. The strike lasted 100 days and brought national attention to the writers' demands for an agreement that included compensation for shows released on DVD and the Internet. (Source: Damian Dovarganes/ AP/World Wide Photos)
Wagner Act Also known as the National Labor Relations Act of 1935, this act gave employees the right to form and join unions and to engage in collective bargaining. National Labor Relations Board (NLRB) Established to administer and interpret the Wagner Act, the NLRB has primary responsibility for conducting union representation elections.
The legal framework for labor–management relationships has played a crucial role in its development. In this section, therefore, we will discuss major developments in labor law. An exhaustive analysis of these laws and their legal and practical repercussions is not possible within the scope of this book.11 Instead, our discussion will focus on two important laws that have shaped much of the labor relations process. We'll then briefly summarize other laws that have helped shape labor—management activities.
The Wagner Act The National Labor Relations Act of 1935, commonly referred to as the Wagner Act, is the basic bill of rights for unions. This law guarantees workers the right to organize and join unions, bargain collectively, strike, and pursue activities that support their objectives. In terms of labor relations, the Wagner Act specifically requires employers to bargain in good faith over mandatory bargaining issues—wages, hours, and terms and conditions of employment. The Wagner Act is cited as shifting the balance of power to favor unions for the first time in U.S. labor history. This was achieved in part through the establishment of the National Labor Relations Board (NLRB). This administrative body, consisting of five members appointed by the president of the United States, was given the responsibility for determining appropriate bargaining units, conducting elections to determine union representation, and preventing or correcting employer actions that can lead to unfair labor practice charges. The NLRB, however, has only remedial and no punitive powers. Unfair labor practices are defined in Section 8 of the act and include any employer tactics that ■ ■ ■ ■
Interfere with, restrain, or coerce employees in the exercise of rights to join unions and to bargain collectively Dominate or interfere with the formation or administration of any labor organization or discriminate against anyone because of union activity Discharge or otherwise discriminate against any employee because he or she filed or gave testimony under the act Refuse to bargain collectively with the representatives chosen by the employees
The Wagner Act provided the legal recognition of unions as legitimate interest groups in American society, but many employers opposed its purposes. Some employers, too, failed to live up to the requirements of its provisions. That's because employers recognized that the Wagner Act didn't protect them from unfair union labor practices such as holding "wildcat strikes," which involve striking against the employer even though a valid contract is in effect. Thus, the belief that the balance of power had swung too far to labor's side, and the public outcry stemming from post—World War II strikes, led to passage of the Taft-Hartley Act (Labor-Management Relations Act) in 1947.
Taft-Hartley Act Amended the Wagner Act by addressing employers' concerns in terms of specifying unfair union labor practices.
The Taft-Hartley Act The major purpose of the Taft-Hartley Act was to amend the Wagner Act by addressing employers' concerns in terms of specifying unfair union labor practices. Under Section 8(b), Taft-Hartley states that it is an unfair labor practice for unions to ■
Restrain or coerce employees in joining the union or coerce the employer in selecting bargaining or grievance representatives
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Discriminate against an employee to whom union membership has been denied or to cause an employer to discriminate against an employee Refuse to bargain collectively Engage in strikes and boycotts for purposes deemed illegal by the act Charge excessive or discriminatory fees or dues under union shop contracts Obtain compensation for services not performed or not to be performed
The Taft-Hartley Act also made closed shop arrangements illegal. Prior to passage of the act, the closed shop dominated labor contracts. In closed shops a union controlled the source of labor. Under this arrangement, an individual would join the union, be trained by the union, and was sent to work for an employer by the union. In essence, the union acted as the clearinghouse of employees. When an employer needed employees—for whatever duration—the employer would contact the union and request that these employees start work. When the job was completed, and the employer no longer needed the employees, they were sent back to the union. By declaring the closed shop illegal, Taft-Hartley began to shift the pendulum of power away from unions. Furthermore, in doing so, the act enabled states to enact laws that would further reduce compulsory union membership. Taft-Hartley also included provisions that prohibited secondary boycotts and gave the president of the United States the power to issue an eighty-day cooling-off period when labor–management disputes affect national security. President Bush used this provision in 2002 during the International Longshore and Warehouse Union and the Pacific Maritime Association's labor dispute—the first time the injunction had been used in about twenty-five years.12 A secondary boycott occurs when a union strikes against Employer A (a primary and legal strike) and then strikes and pickets against Employer B (an employer against which the union has no complaint) because of a relationship that exists between Employers A and B, such as Employer B handling goods made by Employer A. Taft-Hartley also set forth procedures for workers to decertify, or vote out, their union representatives. Whereas the Wagner Act required only employers to bargain in good faith, TaftHartley imposed the same obligation on unions. Although the negotiation process is described later in this chapter, it is important to understand the term bargaining in good faith. This does not mean that the parties must reach agreement, but rather that they must come to the bargaining table ready, willing, and able to meet and deal, open to proposals made by the other party, and with the intent to reach a mutually acceptable agreement. Realizing that unions and employers might not reach agreement and that work stoppages might occur, Taft-Hartley also created the Federal Mediation and Conciliation Service (FMCS) as an independent agency separate from the Department of Labor. The mission of the FMCS is to send a trained representative to assist in negotiations. Both employer and union have the responsibility to notify the FMCS when other attempts to settle the dispute have failed or contract expiration is pending. An FMCS mediator is not empowered to force parties to reach an agreement, but he or she can use persuasion and other means of diplomacy to help them reach their own resolution of differences. Finally, a fact worth noting was the amendment in 1974 to extend coverage to the health-care industry. This health-care amendment now affords Taft-Hartley coverage to for-profit and nonprofit hospitals, as well as special provisions for the health care industry, both profit and nonprofit, as to bargaining notice requirements and the right to picket or strike.13
Other Laws Affecting Labor–Management Relations The Wagner and Taft-Hartley Acts are the most important laws influencing labor– management relationships in the United States, but other laws, too, are pertinent to our discussion (see Diversity Issues in HRM). Specifically, these are the Railway Labor Act; the Landrum-Griffin Act; Executive Orders 10988 and 11491; the Racketeer Influenced and Corrupt Organizations Act of 1970; and the Civil Service Reform Act of 1978. Let's briefly review the notable aspects of these laws.
Federal Mediation and Conciliation Service (FMCS) A government agency that assists labor and management in settling disputes.
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DIVERSITY ISSUES IN HRM
Unions and EEO Although much of the legal discussion thus far in this section has focused specifically on labor legislation, it's important to recognize that many of the laws discussed in Chapter 3 apply to labor organizations as well. For instance, the Equal Pay Act of 1963 requires that wages agreed to during collective bargaining must not be differentiated on the basis of sex. In laborrelations settings, pay may differ only on the basis of skill, responsibility, accountability, seniority, or working conditions. The Civil Rights Act of 1964 is as relevant to labor organizations as it is to management. Title VII of the act means that not only must unions discontinue any discriminatory practices; they must also actively recruit and give preference to minority group members. For example, if a labor union is located in a geographic area with a large minority population, the union must make an effort to recruit these individuals into the union's apprenticeship programs. This means that unions have to place
Railway Labor Act Provided the initial impetus to widespread collective bargaining.
Landrum-Griffin Act of 1959 Also known as the Labor and Management Reporting and Disclosure Act, this legislation protected union members from possible wrongdoing on the part of their unions. It required all unions to disclose their financial statements.
advertisements where they will be easily found by minority applicants. Failure to take such affirmative action steps may result in a union being found guilty of discrimination. With regard to the Age Discrimination in Employment Act of 1967, unions cannot mandate retirement of any of their members. However, a union can stop contributing to a worker's pension after the individual reaches the age of 70, just as a company can. Additionally, labor unions, in complying with the provisions of the Vocational Rehabilitation Act and the Americans with Disabilities Act, must take affirmative action measures to recruit, employ, and advance all qualified disabled individuals. This means that unions must make reasonable accommodations for people with disabilities, such as easy-access ramps for people needing wheelchairs, adaptive computer software for people with vision problems, and meal breaks or places for people with type 1 diabetes to test blood sugar levels. The same holds true for abiding by the provisions of the Family and Medical Leave Act.
The Railway Labor Act of 1926 The Railway Labor Act provided the initial impetus for widespread collective bargaining in the United States.14 Although the act covers only the transportation industry, it was important because workers in these industries were guaranteed the right to organize, bargain collectively with employers, and establish dispute settlement procedures in the event that no agreement was reached at the bargaining table. This dispute settlement procedure allows congressional and presidential intercession in the event of an impasse.15 Landrum-Griffin Act of 1959 The Landrum-Griffin Act of 1959 (Labor Management Reporting and Disclosure Act) was passed to address the public outcry over misuse of union funds and corruption in the labor movement. This act, like Taft-Hartley, was an amendment to the Wagner Act.16 The thrust of the Landrum-Griffin Act is to monitor internal union activity by making officials and those affiliated with unions (for example, union members and trustees) accountable for union funds, elections, and other business of the union. Much of this act is part of an ongoing effort to prevent corrupt practices and to keep organized crime from gaining control of the labor movement.17 The act requires unions to file annual reports to the Department of Labor regarding administrative matters such as their constitutions and bylaws, administrative policies, elected officials, and finances. This information is available to the public. Furthermore, Landrum-Griffin allowed all members of a union to vote regardless of race, sex, and national origin. This provision gave union members certain rights that were unavailable to the general public until the passage of the Civil Rights Act of 1964. Landrum-Griffin also required that all who voted on union matters would do so in a secret ballot, especially when the vote concerned the election of union officers. Executive Orders 10988 and 11491 Both of these executive orders deal specifically with labor legislation in the federal sector.18 In 1962, President Kennedy issued Executive Order 10988, which permitted, for the first time, federal government employees the right to join unions. The order required agency heads to bargain in good faith, defined unfair labor practices, and specified the code of conduct to which labor organizations in the public sector must adhere. Strikes, however, were prohibited.19 Although this executive order effectively granted organizing rights to federal employees, areas for improvement were identified, particularly the need for a centralized agency to oversee federal labor relations activities. To address these deficiencies, President Richard Nixon issued Executive Order 11491 in 1969. This executive order
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made federal labor relations more like those in the private sector and standardized procedures among federal agencies. The order gave the assistant secretary of labor the authority to determine appropriate bargaining units, oversee recognition procedures, rule on unfair labor practices, and enforce standards of conduct on labor relations. It also established the Federal Labor Relations Council (FLRC) to supervise implementation of Executive Order 11491 provisions, handle appeals from decisions of the assistant secretary of labor, and rule on questionable issues. Both of these executive orders were vital in promoting federal-sector unionization. However, if a subsequent administration ever decided not to permit federal-sector unionization, a president would have had only to revoke a prior executive order. To eliminate this possibility, and to remove federal-sector labor relations from direct control of a president, Congress passed the Civil Service Reform Act. Racketeer Influenced and Corrupt Organizations Act (RICO) of 1970 The Racketeer Influenced and Corrupt Organizations Act (RICO) serves a vital purpose in labor relations. RICO's primary emphasis with respect to labor unions is to eliminate any influence exerted on unions by members of organized crime.20 That is, it is a violation of RICO if "payments or loans are made to employee representatives, labor organizations, or officers and employees of labor organizations,"21 where such action occurs in the form of "bribery, kickbacks, or extortion."22 RICO has been used to oust a number of labor officials alleged to have ties to organized crime.23 Civil Service Reform Act of 1978 Title VII of the Civil Service Reform Act established the Federal Labor Relations Authority (FLRA) as an independent agency within the executive branch to carry out the major functions previously performed by the FLRC. The FLRA was given the authority to decide, subject to external review by courts and administrative bodies,24 union election and unfair labor practice disputes, and appeals from arbitration awards, and to provide leadership in establishing policies and guidance. An additional feature of this act is a broad-scope grievance procedure that can be limited only by the negotiators. Under Executive Order 11491, binding arbitration had been optional. The Civil Service Reform Act of 1978 contains many provisions similar to those of the Wagner Act, with two important differences. First, in the private sector, the scope of bargaining includes wages, benefits, and mandatory subjects of bargaining. In the federal sector, wages and benefits are not negotiable—they are set by Congress. Additionally, the Reform Act prohibits negotiations over union security arrangements.
Racketeer Influenced and Corrupt Organizations Act (RICO) Law passed to eliminate any influence on unions by members of organized crime.
Civil Service Reform Act Replaced Executive Order 11491 as the basic law governing labor relations for federal employees.
Unionizing Employees Employees are unionized after an extensive and sometimes lengthy process called the organizing campaign. Exhibit 14-4 contains a simple model of how the process typically flows in the private sector. Let's look at these elements. Exhibit 14-4
Unorganized
Authorization card campaign: Did union get 30% or more?
Union Organizing Process Each of the steps in the process of organizing and certifying a union are clearly defined. Both the union and management must respect the rights of the other.
No
Yes Petition NLRB for election: Are authorization cards in order?
No
Yes Vote taken: Did union receive a majority vote? Yes Certification bargaining unit
No
No union vote for one year
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authorization card A card signed by prospective union members indicating that they are interested in having a union election held at their work site.
Efforts to organize a group of employees may begin by employee representatives requesting a union to visit the employees' organization and solicit members. The union itself might initiate the membership drive, or in some cases, unions now use the Internet to promote their benefits to workers. One of the more crucial questions at the beginning of this activity is who is eligible to vote on union representation. For example, in the nursing industry, charge nurses have often been in limbo. Unions claim that these individuals represent patients, like other nurses, and thus should be part of the bargaining unit. Management, on the other hand, says they exercise independent decision making in guiding the actions of other nurses—actions typical of a supervisor. Thus, management considers them ineligible for the bargaining unit. Debates like this continue and are the subject of NLRB and court cases.25 Regardless of who actually belongs in the voting population, as established by the NLRB, the union must secure signed authorization cards from at least 30 percent of the employees it wishes to represent. Employees who sign the cards indicate that they wish the particular union to be their representative in negotiating with the employer. Although a minimum of 30 percent of the potential union members must sign the authorization card prior to an election, unions are seldom interested in bringing to vote situations in which they merely meet the NLRB minimum. After all, to become the certified bargaining unit, the union must be accepted by a majority of those eligible voting workers.26 Acceptance in this case is determined by secret ballot. This election, held by the NLRB, is called a representation certification (RC) and can occur only once in twelve months. Thus, the more signatures on the authorization cards, the greater the chances the union will win certification to represent the workers. Even when a sizable proportion of the workers sign authorization cards, the victory is by no means guaranteed. Management rarely is passive during the organization drive (see Workplace Issues). Although laws govern what management can and cannot do, management in an organization may attempt to persuade potential members to vote no. Union organizers realize that such persuasion may work, and thus unions usually require a much higher percentage of authorization cards to increase their odds of obtaining a majority. When that majority vote is received, the NLRB certifies the union and recognizes it as the exclusive bargaining unit. Irrespective of whether the individual in the certified bargaining union voted for or against the union, each worker is covered by the negotiated contract and must abide by its governance. Once a union has been certified, is it there for life? Certainly not. On some occasions, union members may become so dissatisfied with the union's actions in representing them that they may attempt to turn to another union or return to nonunion status. In either case, the rank-and-file members petition the NLRB to conduct a representation decertification (RD). Once again, if a majority of the members vote the union out, it is gone. However, once the election has been held, no other action can occur for another twelve months. This grace period protects the employer from employees decertifying one union today and certifying another tomorrow. Finally, and even more rare than an RD, is a representation decertification (RM) initiated by management. The guidelines for the RM are the same as for the RD, except that the employer leads the drive. Although RDs and RMs are ways of decertifying unions, it should be pointed out that most labor agreements bar the use of either form of decertification during the term of the contract. Unions' organizing drives may or may not be successful, but when they do achieve their goal to become the exclusive bargaining agent, the next step is to negotiate the contract. In the next section, we'll look at the specific issues surrounding collective bargaining.
representation certification (RC) The election process whereby employees vote in a union as their representative. representation decertification (RD) The election process whereby union members vote out their union as their representative. collective bargaining The negotiation, administration, and interpretation of a written agreement between two parties, at least one of which represents a group that is acting collectively, and that covers a specific period of time.
Should this charge nurse be considered part of the bargaining unit? That matter has been the subject of several NLRB and court cases. The unions believe so because the nurse administers patient care. Hospital management sees this individual as a supervisor and ineligible for inclusion to the certified bargaining unit. (Source: Jochen Sand/Digital Vision/Getty Images, Inc.)
Collective Bargaining Collective bargaining typically refers to the negotiation, administration, and interpretation of a written agreement between two parties that covers a specific period of time. This agreement, or contract, lays out in specific terms the conditions of
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WORKPLACE ISSUES
The Union Drive What can management do when they learn that a union-organizing drive has begun in their organization? Labor laws permit them to defend themselves against the union campaign, but they must do so properly. Here are some guidelines for management as to what to do and what not to do during the organizing drive.27 ■
■
■
■
■
If your employees ask for your opinion on unionization, respond in a natural manner. For example, "I really have no position on the issue. Do what you think is best." You can prohibit union-organizing activities in your workplace during work hours only if they interfere with work operations. This may apply to the organization's e-mail activity, too. You can prohibit outside union organizers from distributing union information in the workplace. Employees have the right to distribute union information to other employees during breaks and lunch periods. Don't question employees publicly or privately about union-organizing activities—for example, "Are you planning
■
■
■
■
to go to that union rally this weekend?" But if an employee freely tells you about the activities, you may listen. Don't spy on employees' union activities, for example, by standing in the cafeteria to see who is distributing pro-union literature. Don't make any threats or promises related to the possibility of unionization. For example, "If this union effort succeeds, upper management is seriously thinking about closing down this plant, but if it's defeated, they may push through an immediate wage increase." Don't discriminate against any employee who is involved in the unionization effort. Be on the lookout for efforts by the union to coerce employees to join its ranks. This activity by unions is an unfair labor practice. If you see this occurring, report it to your boss or to human resources. In this case, your organization may also want to consider filing a complaint against the union with the NLRB.
employment—that is, what is expected of employees and any limits to management's authority. In the following discussion, we take a somewhat larger perspective and also consider the organizing, certification, and preparation efforts that precede actual negotiation. Most of us hear or read about collective bargaining only when a contract is about to expire or when negotiations break down. Although large-scale strikes in the United States have been declining in number in recent years, strikes such as the Writer's Guild of America strike in 2007–2008 and the National Hockey League lockout of 2004–2005 remind us that bargaining between employers and unions can break down and cause disruptions. Collective-bargaining agreements cover about half of all state and local government employees and one-ninth of employees in the private sector. The wages, hours, and working conditions of these unionized employees are negotiated usually for two or three years at a time. Only when these contracts expire and management and the union cannot agree on a new contract do most of us become aware that collective bargaining is an important part of HRM.
Objective and Scope of Collective Bargaining The objective of collective bargaining is to agree on a contract acceptable to management, union representatives, and the union membership. What is covered in this contract? The final agreement will reflect the issues of the particular workplace and industry in which the contract is negotiated.28 Although contracts can contain a variety of topics, four issues appear consistently throughout all labor contracts. Three of the four are mandatory bargaining issues, which means that management and the union must negotiate in good faith over these issues. These mandatory issues were defined by the Wagner Act as wages, hours, and terms and conditions of employment. The fourth issue covered in almost all labor contracts is the grievance procedure, which is designed to permit the adjudication of complaints. Before we progress further into collective bargaining, let's examine these four issues.
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Collective-Bargaining Participants
Preparation for negotiations Prepare for next negotiation
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Contract negotiations
Agreement ?
No
Yes Union ratification
No
Yes Contract administration
Exhibit 14-5 The Collective-Bargaining Process This flowchart illustrates the steps in the collective-bargaining process.
Collective bargaining was described as an activity that takes place between two parties. In this context, the two parties are labor and management. We will take a look at how these two parties are represented and the role government plays in the process. Management's representation in collective-bargaining talks tends to depend on the size of the organization. In a small firm, for instance, bargaining is probably done by the president. Few small firms have a specialist who deals only with HRM issues; the president of the company often handles this task. Larger organizations usually have an HRM department with full-time industrial relations experts. In such cases, we can expect management to be represented by the senior manager for industrial relations, corporate executives, and company lawyers—with support provided by legal and economic specialists in wage and salary administration, labor law, benefits, and so forth. On the union side, we typically expect to see a bargaining team composed of an officer of the local union, local shop stewards, and some representation from the international/ national union.29 Again, as with management, representation is modified to reflect the size of the bargaining unit. If negotiations involve a contract that will cover 50,000 employees at company locations throughout the United States, the team will be dominated by international/national union officers (those most often with a broader perspective of the implication of a contract) with a strong supporting cast of economic and legal experts employed by the union. In a small firm or for local negotiations covering special issues at the plant level for a nationwide organization, bargaining representatives for the union might be the local officers and a few specially elected committee members. Watching over these two sides is a third party—the government. In addition to providing the rules under which management and labor bargain, government provides a watchful eye on the two parties to ensure the rules are followed, and it stands ready to intervene if an agreement on acceptable terms cannot be reached, or if the impasse undermines the nation's well-being. Negotiations are unlikely to have any other participants, with one exception— financial institutions.30 Most people are unaware of financial institutions' role in collective bargaining. Although not directly involved in negotiations, these "banks" set limits on the cost of the contract. Exceeding that amount may cause the banks to call in the loans made to the company. Banks place a ceiling on what management can spend. Although more groups are involved in collective bargaining, our discussion will focus on labor and management. After all, it is the labor and management teams that buckle down and hammer out the contract.
The Collective-Bargaining Process Let's now consider the actual collective-bargaining process. Exhibit 14-5 contains a simple model of how the process typically flows in the private sector—which includes preparing to negotiate, actual negotiations, and administering the contract after it has been ratified. Preparing to Negotiate Once a union has been certified as the bargaining unit, both union and management begin the ongoing activity of preparing for negotiations. We refer to this as an ongoing activity because ideally it should begin as soon as the previous contract is agreed upon or union certification is achieved. Realistically, it probably begins anywhere from six months to a year before the current contract expires. We can consider the preparation for negotiation as composed of three activities: fact gathering, goal setting, and strategy development. Information is acquired from both internal and external sources. Internal data include grievance and accident records; employee performance reports; overtime figures; and reports on transfers, turnover, and absenteeism. External information should include statistics on the current economy, both at local and national levels; economic forecasts for the short and intermediate terms; copies of recently negotiated contracts by the union to determine what issues the union considers important; data on the communities in which
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the company operates—cost of living, changes in cost of living, terms of recently negotiated labor contracts, and statistics on the labor market—and industry labor statistics to see what terms other organizations, employing similar types of personnel, are negotiating. With homework done, information in hand, and tentative goals established, both union and management must put together the most difficult part of the bargaining preparation activities, a strategy for negotiations. This includes assessing the other side's power and specific tactics. Negotiating at the Bargaining Table Negotiation customarily begins with the union delivering to management a list of demands. By presenting many demands, the union creates significant room for trading in later stages of the negotiation; it also disguises the union's real position, leaving management to determine which demands are adamantly sought, which are moderately sought, and which the union is prepared to quickly abandon. A long list of demands, too, often fulfills the internal political needs of the union. By seeming to back numerous wishes of the union's members, union administrators appear to be satisfying the needs of the many factions within the membership. Both union and management representatives may publicly accentuate their differences, but the real negotiations typically go on behind closed doors. Each party tries to assess the relative priorities of the other's demands, and each begins to combine proposals into viable packages. Next comes the attempt to make management's highest offer approximate the lowest demands that the union is willing to accept. Hence, negotiation is a form of compromise.31 An oral agreement is eventually converted into a written contract, and negotiation concludes with the union representatives submitting the contract for ratification or approval from rank-and-file members. If the rank-and-file members vote down the contract, negotiations must resume. Contract Administration Once a contract is agreed on and ratified, it must be administered. Contract administration involves four stages: (1) providing the agreement information to all union members and managers; (2) implementing the contract; (3) interpreting the contract and grievance resolution; and (4) monitoring activities during the contract period.32 Providing agreement information to all concerned requires both parties to ensure that changes in contract language are clearly explained. For example, the most obvious would be hourly rate changes; HRM must make sure its payroll system is adjusted to the new rates as set in the contract. Likewise, changes in work rules, hours, and such must be communicated. If both sides agree to something not in existence before, such as mandatory overtime, all must be informed of how it will work. Neither the union nor the company can simply hand a copy of the contract to each organization member and expect it to be understood. It will be necessary to hold meetings to explain the new terms of the agreement. Implementing the contract ensures that all communicated changes take effect and that both sides comply with the contract terms. One concept to recognize during this phase is management rights. Typically, management is guaranteed the right to allocate organizational resources in the most efficient manner; to create reasonable rules; to hire, promote, transfer, and discharge employees; to determine work methods and assign work; to create, eliminate, and classify jobs; to lay off employees when necessary; to close or relocate facilities with a sixty-day notice; and to institute technological changes. Of course, good HRM practices suggest that whether the contract requires it or not, management would be wise to notify the union of major decisions that will influence its membership. Interpreting the contract and grievance process is probably the most important element of contract administration. Almost all collective-bargaining agreements contain formal procedures for resolving grievances of contract interpretation and application. These contracts have provisions for resolving specific, formally initiated grievances by employees concerning dissatisfaction with job-related issues. It is necessary for the contract to spell out the procedures for handling contractual disputes.33
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Exhibit 14-6 A Sample Grievance Procedure
Step 1
Supervisor
A typical grievance procedure begins at Step 1 with an informal meeting between the employee and supervisor and may include a union steward or other local union representative. The grievance may be settled at any point, ending the process. If the problem is not resolved, it advances to the next step, involving specialists in grievance resolution from management or the union.
Employee, Union Steward
Step 2
Supervisor, Labor Relations Specialist
Employee, Union Steward, Chief Steward
Step 3
Labor Relations Specialist and Plant Facilities Manager
Employee, Stewards, Union, Grievance Commitee
Step 4
Senior Management
Employee, Grievance Commitee, National Union Representative
Step 5
grievance procedure A complaint-resolving process contained in union contracts.
Grievance (rights) Arbitration
Grievance procedures are typically designed to resolve grievances as quickly as possible and at the lowest level possible in the organization (see Exhibit 14-6).34 The first step almost always has the employee attempt to resolve the grievance with his or her immediate supervisor.35 If it cannot be resolved at this stage, it is typically discussed with the union steward and the supervisor. Failure at this stage usually brings in the individuals from the organization's industrial relations department and the chief union steward. If the grievance still cannot be resolved, the complaint passes to the facilities' manager, who typically discusses it with the union grievance committee. Unsuccessful efforts at this level give way to the organization's senior management and typically a representative from the national union. Finally, if those efforts are unsuccessful in resolving the grievance, the final step is for the complaint to go to arbitration— called grievance (rights) arbitration. In practice, we find that almost all collective-bargaining agreements provide for grievance (rights) arbitration as the final step to an impasse. Of course, in small organizations these five steps described tend to be condensed, possibly moving from discussing the grievance with the union steward to taking the grievance directly to the organization's senior executive or owner, and then to arbitration, if necessary. Monitoring activities during the contract period is the final stage in the process of contract administration. Both the company and union will gather data on how the contract impacts the company and workers, such as the effect on productivity, employee turnover, and the number of grievances and concerns. By monitoring activities covered by the contract, the company and union can assess the effectiveness of the current contract, recognize when problem areas or conflicts arose, and indicate what changes might need to be made in subsequent negotiations.36
Failure to Reach Agreement Although contract negotiations aim to achieve an agreement acceptable to all concerned parties, sometimes that goal is not achieved. Negotiations do break down, and an impasse occurs. These events may be triggered by internal issues in the union,
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the desire to strike against the company, the company's desire to lock out the union, or its knowledge that striking workers can be replaced. Let's explore some of these areas. Strikes versus Lockouts Negotiations have only two possible preliminary outcomes. First, and obviously preferable, is agreement. The other, lacking any viable solution to the parties' differences, is a strike or a lockout. There are several types of strikes. The most relevant to contract negotiations is the economic strike. An economic strike occurs when the two parties fail to reach a satisfactory agreement before the contract expires. When that deadline passes, the union leadership will typically instruct its members not to work, to leave their jobs.37 Although in today's legal climate, replacement workers can be hired, no disciplinary action can be taken against workers who participate in economic strike activities (see Ethical Issues in HRM). Another form of strike is the wildcat strike. A wildcat strike generally occurs when workers walk off the job because of something management has done. For example, if a union employee is disciplined for failure to call in sick according to provisions of the contract, fellow union members may walk off the job to demonstrate their dissatisfaction with management action. It is important to note that these strikes happen while a contract is in force—an agreement that usually prohibits such union activity. Consequently, wildcat strikers can be severely disciplined or terminated. In the past, the most powerful weapon unions in the private sector had was the economic strike. By striking, the union was, in essence, withholding labor from the employer, thus causing the employer financial hardships. For instance, U.S. organizations lost nearly 2 million workdays to strike activity in 2008.38 As disastrous as it sounds, it involved nearly half as many striking workers as the previous year. Unions are finding that strikes are becoming a less effective bargaining tool for several reasons. Economic conditions may leave employers facing layoffs, making strikes unwise, and public perception of strikes has become less sympathetic in recent years. Organizations are also more inclined to replace striking workers. Although strike activity fell to a near record low in 2008, worker dissatisfaction with some management practices may increase strike activity at any time.39 Managers may also use a lockout to try to end a disagreement with workers. A lockout, as the name implies, occurs when the organization denies unionized workers access to their jobs during an impasse. A lockout, in some cases, is the first step in management's hiring of replacement workers. In others, it's management's effort to protect their facilities and machinery and other employees at the work site. In either case, the strategy is the same. Each side attempts to apply economic pressure on its opponent to sway negotiations in its own direction. When negotiations reach a point that both parties are unwilling to negotiate any further, they are said to have reached an impasse. Impasse-resolution techniques are designed to help such situations. Impasse-Resolution Techniques When labor and management in the private sector cannot reach a satisfactory agreement, they may need the assistance of an objective third party. This assistance comes in the form of conciliation and mediation, fact-finding, or interest arbitration. Conciliation and mediation are two closely related impasse-resolution techniques. Both are techniques whereby a neutral third party attempts to help labor and management resolve their differences. Under conciliation, however, the third party role is to keep negotiations going. In other words, this individual is a go-between— advocating a voluntary means through which both sides can continue negotiating. Mediation goes one step further. The mediator attempts to pull together the common ground that exists and make settlement recommendations for overcoming barriers between the two sides. A mediator's suggestions, however, are only advisory and not binding on either party.
355 economic strike An impasse that results from labor and management's inability to agree on the wages, hours, and terms and conditions of a new contract. wildcat strike An unauthorized and illegal strike that occurs during the terms of an existing contract. lockout A situation in labor–management negotiations whereby management prevents union members from returning to work. conciliation and mediation Impasse resolution techniques using an impartial third party to help management and the union to resolve the conflict.
Economic strikes left 72,000 U.S. employees idle for nearly 2 million workdays in 2008. In the United States and Canada, the trend is for fewer but longer strikes. Machinists striking at Boeing accounted for over half of the lost work days in 2008 in the United States. (Source: © AP/ Wide World Photos)
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The Striker Replacement Dilemma Work stoppages can be used by either management or labor to try to gain an advantage when negotiations for wages and working conditions break down. For example, when labor shortages exist, or when inventories are in short supply, a union strike could have serious ramifications for the company. Likewise, when economic conditions create a surplus of labor and inventories are high, management has the upper hand and could easily lock out the union to achieve its negotiation goals. In fact, both the Wagner and Taft-Hartley Acts saw to it that the playing field was as fair as possible by requiring both sides to negotiate in good faith and permitting impasses if they should be warranted. For decades, this scenario played itself out over and over again. Timing of a contract's expiration proved critical for both sides. For example, in the coal industry, a contract that expired just before the winter months—when coal is needed in greater supply for heating and electricity—worked to the union's advantage, unless the coal companies stockpiled enough coal to carry them through a lengthy winter strike. This game, although serious to both sides, never appeared anything more than bargaining strategy—one that could show how serious both sides were. And even though a 1938 Supreme Court case, NLRB v. MacKay Radio, gave employers the right to hire replacement workers for those
fact-finding The technique whereby a neutral third party conducts a hearing to gather evidence and testimony from the parties regarding the differences between them. interest arbitration An impasse resolution technique used to settle contract negotiation disputes.
engaged in an economic strike, seldom was that used. In fact, often to settle a strike and return to the organization its skilled workforce, one stipulation would be to release all replacement workers. But in the early 1980s, that began to change. When President Ronald Reagan fired striking air traffic controllers and hired their replacements, businesses began to realize the weapon they had at their disposal. As their union-busting attempts grew, organizations including Firestone, Caterpillar, the National Football League, and John Deere realized that using replacement workers could be to their advantage. The union members either came back to work on management's terms or they lost their jobs—period. Undoubtedly, in any strike situation, management has the right to keep its doors open and to keep producing what it sells. That may mean using supervisory personnel in place of striking workers, or in some cases, bringing in replacements. But does a law that permits replacement workers undermine the intent of national labor law? Does it create an unfair advantage for organizations that play hardball just to break the union? Should a striker-replacement bill (which would prevent permanent replacement workers from being hired) be passed? Should striking workers' jobs be protected while they exercise their rights under the Wagner Act? What's your opinion?
Fact-finding is a technique whereby a neutral third party conducts a hearing to gather evidence from both labor and management. The fact-finder then renders a decision as to how he or she views an appropriate settlement. Similar to mediation, the fact-finder's recommendations are suggestions only—they, too, are not binding on either party. The final impasse-resolution technique is called interest arbitration. Under interest arbitration, generally a panel of three individuals—one neutral and one each from the union and management—hears testimony from both sides. After the hearing, the panel renders a decision on how to settle the current contract negotiation dispute. If all three members of the panel are unanimous in their decision, that decision is binding on both parties. Public-sector impasse-resolution techniques show notable differences. For instance, many states that do permit public-sector employee strikes require some form of arbitration. Decisions rendered through arbitration are binding on both parties. Arbitration takes two forms: package selection and issue-by-issue selection. Package selection (or final-offer arbitration) means that the arbitrator selects either the union or management proposal in its entirety. Issue-by-issue selection allows the arbitrator to select from union or management proposals for each issue being negotiated. For example, the arbitrator may select management's proposal for benefits, but select the union's proposal for another issue, such as wages.
Critical Issues for Unions Today The declining percentage of unionized workforce throughout the past few decades raises several questions. Why has union membership declined? Can labor and management find a way to work together more harmoniously? Is public-sector unionization different from that in the private sector? And where are unions likely to focus their attention in the next decade? In this section, we'll look at these issues.
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Exhibit 14-7 Trends in Union Membership Union membership has been declining for several decades, although the decline has slowed recently.
Percent of Workforce Unionized
30 25 20 15 10 5 0 1930
1940
1950
1960
1970
1980
1990
2000
2010
Union Membership: Where Have the Members Gone? Unions began to witness significant union gains with the passage of the Wagner Act in 1935. In fact, by the early 1940s, union membership in the United States reached its pinnacle of approximately 36 percent of the workforce. Since that time, however, there's been a steady decline (see Exhibit 14-7). Major contributing factors can be identified. In the early to mid-1970s, many unionized workers, especially in the private sector, joined the ranks of the middle class as a result of their unions' success at the bargaining table. This often meant that they were more concerned with taxes than with ideological and social issues or with support for legislation that favored the union movement. Furthermore, the private-sector labor movement had difficulty accepting into its ranks public- and federal-sector workers, women, African Americans, and the rising tide of immigrants. Also, in the 1970s, predictions about the postindustrial age came to pass, and manufacturing was replaced by service as the dominant industry in the American economy. As a consequence, the most rapid employment growth was in wholesale and retail trade, service industries such as high technology, and white-collar jobs. In these areas unions either had not previously focused organizing efforts or were largely unsuccessful for a variety of reasons. Double-digit inflation, beginning in the mid-1970s, was also a factor. High rates of inflation resulted in the first massive layoffs in both the private and public sectors, which radically diminished the financial resources of numerous unions to represent members and to engage in organizing and political activities. Additionally, the emergence of global competition caught much of American business by surprise. The primary response was to try to restore their financial positions by demanding concessions from workers (concession bargaining) and/or by reducing the workforce. Both of these responses have had an enormous effect on unions in the workplace. Fueled by these pressures, the latter half of the 1970s ushered in the strongest antiunion movement since the post–World War II era. Outsourcing of production and assembly operations to foreign locations such as the Pacific Rim, Mexico, Brazil, Hong Kong, Taiwan, and parts of Africa originated in the late 1970s.40 The 1980s and early 1990s witnessed an even more dramatic decline in union membership and power. Massive layoffs had ripped through the ranks of such unions as the United Automobile Workers (UAW), the United Steelworkers of America (USWA), the United Mine Workers (UMW), the Rubber Workers, and the Communications Workers, so that their numbers were significantly less than at the beginning of the decade. The cumulative effects of factors identified in the 1970s had even harsher consequences during the next fifteen years. Union busting and avoidance were no longer sideline issues for management consultants but a thriving and lucrative enterprise in their own right. Worker replacement became a management weapon.
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The Union Summer Borrowing a page from many private sector organizations looking to find good talent, the AFLCIO began a program in 1996 called the Union Summer Program. The Union Summer Program is a five-week internship to help interested college students learn skills for union-organizing activities. It's proven to be a good training ground for individuals who may have an interest in working for a union, as well as a "sourcing" activity for unions to find qualified talent. The Union Summer Program seeks to bring together individuals "committed to uniting workers, students, and commu-
nity activists to bring about social justice through workplace and community organizing."44 During the summer internship, these students work in a variety of activities that typically take place during an organizing campaign. For example, interns may interview potential union members to find out what they believe needs to be changed in their work setting. They may also assist the union and potential members with organizing picket lines, as well as educating community members on workers' rights issues. Since its inception, the program has had several thousand summer interns.
If the union would not accept management's best offer, the company simply hired new workers to replace those on strike. The 1980s also witnessed a legislative sentiment that began to turn against unions. In such an environment, the role of the strike took on new meaning. The transition began in 1981, when nationwide attention focused on President Ronald Reagan's firing of illegally striking air traffic controllers. This action sent an important message to employers across the country: the strike is no longer a union weapon but rather a management weapon to push workers out of their jobs in an effort to bust the union and/or to gain concessions from workers that they might not otherwise have given.41 The picture of unions in the 1990s was just as bleak. Union-avoidance and unionbusting tactics, flatter organizational structures, downsizing, technology advancements, the contingent workforce, and replacement workers all contributed to a continual decline in membership. From their heyday of almost 36 percent in the early 1940s to their current 12.4 percent in 2009, unions appear not to be the force they once were.42 But don't count unions out. Stagnant worker wages, health insurance cutbacks, displeasure with cost-cutting measures and company policies are making union philosophies more attractive to employees. Unions are also changing some of their organizing tactics, and public sentiment might be changing to support and sympathize with union causes (see Workplace Issues). Unions have found recruiting members in the service sectors—with a fair amount of success in Las Vegas, as well as with university graduate students—rewarding.43
Labor–Management Cooperation Historically, the relationship between labor and management was built on conflict. The interests of labor and management were seen as basically at odds—each treating the other as the opposition. But times are changing. Management has become increasingly aware that successful efforts to increase productivity, improve quality, and lower costs require employee involvement and commitment. Similarly, some labor unions have recognized that they can help their members more by cooperating with management rather than fighting them. Many U.S. labor laws were created in an era of mistrust and antagonism between labor and management, creating a barrier to both parties becoming cooperative partners.45 For example, the National Labor Relations Act was passed to encourage collective bargaining and to balance workers' power against that of management. That legislation also sought to eliminate the practice of firms setting up company unions for the sole purpose of undermining efforts of outside unions organizing their employees. The law prohibited employers from creating or supporting a "labor organization." The National Labor Relations Board has ruled that Electromation, a non-union manufacturing company, was participating in an unfair labor practice when it set up employee action committees. The NLRB determined that the committees were not actually set up
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to provide employee input into safety and health issues, but to "impose its own unilateral form of bargaining on employees" by discussing wages, hours, and working conditions. Electromation's actions were viewed as a means of thwarting a Teamsters Union organizing campaign that began in its Elkhart, Indiana, plant. Certain implications of the Electromation case and a broader NLRB interpretation in the Crown Cork and Seal case indicated that companies could have such programs as quality circle, quality of work life, and other employee involvement programs under federal labor laws. Although this issue had been the subject of congressional debate, the current legal environment doesn't prohibit employee-involvement programs in the United States. Rather, to comply with the law, management must give employee-involvement programs independence. That is, when such programs become dominated by management, they're likely to be interpreted as groups that perform some functions of labor unions but are controlled by management. Actions that would indicate that an employee-involvement program is not dominated by management might include choosing program members through secret-ballot elections, giving program members wide latitude in deciding what issues to deal with, permitting members to meet apart from management, and specifying that program members are not susceptible to dissolution by management whim. The key theme labor laws convey is that where employeeinvolvement programs are introduced, members must have the power to make decisions and act independently of management.
Public-Sector Unionization Unionizing government employees, either in the federal sector or in state, county, and municipal jurisdictions, has proven lucrative for unions.46 Significant gains have been made in these sectors, as unions increased membership from 11 percent in 1970 to nearly 37 percent in 2008.47 In fact, these white-collar unionized jobs account for nearly one-half of all union membership.48 But labor relations in the government sector differs from its private-sector counterpart. For example, in the federal sector, wages are nonnegotiable and compulsory membership in unions is prohibited. At the state, county, and local levels, laws must be passed to grant employees in any jurisdiction the right to unionize—and more important, the right to strike. Yet probably the most notable difference lies in determining "who's the boss." In a private company, management is the employer. This, however, is not the case in government sectors. Instead, a president, a governor, a mayor, a county executive, and so forth is responsible for the government's budget. These elected officials have fiduciary responsibilities to their citizenry. Who, then, "owns" the government? The people, of course. Accordingly, unionized employees in the public sector actually negotiate against themselves as taxpayers. And even if some agreement is reached, the negotiated contract cannot be binding, even though the union members support it, until some legislative body has approved it. Finally, because these negotiations are a concern to the general public, citizens have the right to know what is going on. This is handled through sunshine laws.49 These laws require parties in public-sector labor relations to make public their negotiations; that is, contract negotiations are open to the public. This freedom of information is based on the premise that the public-sector negotiations directly affect all taxpayers and thus should provide direct information regarding what is occurring. However, although information is important, sunshine laws have been questioned by labor-relations personnel. They contend that what the public may see or hear during open negotiations may ultimately differ from the final contract, and public members who do not understand what happens in negotiations may gain a false sense of negotiation outcomes. Sunshine laws differ in every state and are constantly evolving.
Unionizing the Nontraditional Employee The strength of unionization in years past resided in the manufacturing industries of the U.S. economy. Steel, tires, automobiles, and transportation were major industries
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Is There Addition by Subtraction? Throughout the past several decades, the percent of the workforce unionized has continually declined. A lot of reasons have been cited for the decline, but one question that needs to be asked is, has labor contributed in any way to their own decline? Have their strategies for growing union membership been properly set and executed? Have they reached out to all potential union members? If you listen to several union chieftains, they believe the answer to these questions is no—and this internal strife is a problem for organized labor. For example, at its convention in July 2005, the AFL-CIO was hit with a major blow. Two of the nation's largest unions— the Teamsters and the Service Employees International Union— along with five other unions, broke away from the AFL-CIO. Their reason: they believe the AFL-CIO just wasn't paying enough attention to the kind of workers that these unions represent. These seven unions are united under an umbrella organization called "Change to Win," and are attempting to
unionize more service-type employees. Change to Win unions feel they can reach out in a way that the AFL-CIO could not— organizing many of today's working poor. "The future of the unions is the $8 an hour home healthcare worker" according to David Gregory, professor of law at St. John's University. "The unions may have regained membership with lower-wage service workers, but they cannot regain the dues lost along with the higher-paid jobs."52 Service sector jobs may not pay as well as the manufacturing jobs that the unions have lost, but jobs in health care, construction, and education are not as easily shipped overseas. These new union members are also more likely to vote in political races than nonunion workers, possibly proving more influential in elections and pro-labor legislation such as the Employee Free Choice Act, which would make it easier for unions to organize. Will the unions stage a comeback in a new form? Stay tuned . . .
that dominated every aspect of American life—and the world. In each of these industries ran a common element: the presence of unions. Over the past few decades, however, the United States has changed gears. Once a manufacturing giant, the United States has become a service economy. Unfortunately for unions, the service sector previously had not been one of their targeted areas for organizing employees. Such people include government workers, nurses, secretaries, professional and technical employees, educators, and even some management members. Most notably, unions such as the United Food and Commercial Workers have targeted companies including Wal-Mart, Target, and K-mart as excellent union-organizing grounds.50 As the world of work continues to radically evolve, it is safe to assume that unions will target an even broader group of employees. The same issues that unions sold fifty years ago to interest people in the union cause including wages, benefits, job security, and a say in how employees are treated at work, are the same concerns of employees in the new millennium. Restructuring, consolidation, and layoffs in corporate America have forced affected workers to pay closer attention to what the unions promise. For the health-care professionals, for example, who voted to be represented by unions, this has resulted in job security and wages and benefits above their nonunion counterparts.51 Hospitals and healthcare workers appear to be an area of emphasis for union organizing in the future. Is history repeating itself? Only time will tell. But remember, the decline in union membership—especially in the traditional industries in the 1970s—was brought about in part by people achieving their middle-class status. As organizational changes threaten this social class rank, we have every reason to believe that workers will present a unified, mutual front to the employer. In some cases, that is best achieved through union activities. Union membership has stabilized and actually shown a slight increase in 2008, most likely from the increases seen in membership in the health care and service worker sector.
International Labor Relations Labor relations practices, and the percent of the workforce unionized, differ in every country (see Exhibit 14-8). Nowhere is employee representation exactly like that in the United States. In almost every case, relationships among management, employees, and
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Country China Sweden Belgium Canada Germany Mexico United Kingdom Singapore Japan Spain United States France
Percent Unionized 90.0 78.0 53.0 30.0 20.0 13.0 28.0 19.0 19.0 15.0 12.0 8.0
Exhibit 14-8 Unionization Around the World 53 China reports that a whopping 90 percent of workers belong to a union. It helps to understand that the All-China Federation of Trade Unions (ACFTU) is a monopoly with 170 million members and is controlled by the Communist Party.
unions (or other administrative bodies) are the result of long histories. The business approach to unionism, or emphasizing economic objectives, is uniquely American. In Europe, Latin America, and elsewhere, unions have often evolved out of a class struggle, resulting in labor as a political party. The Japanese Confederation of Shipbuilding and Engineering Workers' Union only recently began dropping its "class struggle" rhetoric and slogans to pursue a "partnership" with management. The basic difference in perspective sometimes makes it difficult for U.S. expatriates to understand how the laborrelations process works because even the same term may have different meanings. For example, in the United States, "collective bargaining" implies negotiations between a labor union and management. In Sweden and Germany, it refers to negotiations between the employers' organization and a trade union for the entire industry. Furthermore, arbitration in the United States usually refers to the settlement of individual contractual disputes, whereas in Australia arbitration is part of the contract bargaining process. Not only does each country have a different history of unionism, each government has its own view of its role in the labor-relations process.54 This role is often reflected in the types and nature of the regulations in force. The U.S. government generally takes a handsoff approach toward intervention in labor–management matters but the Australian government, to which the labor movement has strong ties, is inclined to be more involved. Thus, not only must the multinational corporate industrial relations office be familiar with the separate laws of each country, it also must be familiar with the environment in which those statutes are implemented. Understanding international labor relations is vital to an organization's strategic planning. Unions affect wage levels, which in turn affect competitiveness in both labor and product markets. Unions and labor laws may limit employment-level flexibility through security clauses that tightly control layoffs and terminations (or redundancies). This is especially true in such countries as England, France, Germany, Japan, and Australia, where various laws place severe restrictions on employers.
Differing Perspectives Toward Labor Relations If labor relations can affect the organization's strategic planning initiatives, it is necessary to consider the issue of headquarters' involvement in host-country international union relations. The organization must assess whether the labor-relations function should be controlled globally from the parent country, or whether it would be more advantageous for each host country to administer its own operation. There is no simple means of making this assessment; frequently, the decision reflects the relationship of the product market at home to that of the overseas product market. For instance, when domestic sales are larger than those overseas, the organization is more likely to regard the foreign office as an extension of the domestic operations. This is true for many U.S. multinational organizations because the home market is so vast. Thus, American firms have been more inclined to keep labor relations centrally located at corporate headquarters. Many European countries, by contrast, have small
Unions can be found in most industrialized nations in the world. Workers around the world have found it useful to collectively fight for better wages, benefits, and working conditions. (Source: © AP/ Wide World Photos)
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home markets with comparatively larger international operations; thus, they are more inclined to adapt to host-country standards and have the labor-relations function decentralized. Another divergence among multinational companies in their labor relations is the national attitude toward unions. Generally, American multinational corporations view unions negatively at home and try to avoid workforce unionization. Europeans, on the other hand, have had greater experience with unions, are accustomed to a larger proportion of the workforce being unionized, and are more accepting of the unionization of their own workers. In Japan, as in other parts of Asia, unions are often closely identified with an organization.
The European Community The European Community brings together a dozen or more individual labor relations systems. For both the member nations and other countries doing business in Europe, such as the United States and Japan, it is important to understand the dynamics of what will necessarily be a dramatically changing labor environment. Legislation about workers' rights is continually developing, which has far-ranging implications for all employers. The French and Germans lean toward strong worker representation in labor policy, reflecting their cultural histories, but the United Kingdom and Denmark oppose it. Many basic questions remain regarding implementation of the free trade of labor across national boundaries. For example, with the increase in production that accompanies the opening of the international market, workers and their union representatives will want their fair share. And what is this fair share? For starters, European unions want a maternity package that provides 80 percent of salary for a fourteenweek period. They are also seeking premium pay for night work, full benefits for workers employed more than eight hours a week, participation on companies' boards of directors, and an increase in the minimum wage level to two-thirds of each country's average manufacturing wage. Some of these inducements will be difficult to obtain, but companies doing business overseas must be aware of what is happening in pending labor legislation and fully understand and comply with the host country's laws and customs.
Summary (This summary relates to the Learning Outcomes identified on page 340.) After having read this chapter you can 1. Define the term unions. A union is an organization of workers, acting collectively, seeking to promote and protect their mutual interests through collective bargaining. 2. Discuss the effects of the Wagner and the Taft-Hartley Acts on labor-management relations. The Wagner (National Labor Relations) Act of 1935 and the TaftHartley (Labor-Management Relations) Act of 1947 represent the most direct legislation affecting collective bargaining. The Wagner Act gave unions the freedom to exist and identified employer unfair labor practices. Taft-Hartley balanced the power between unions and management by identifying unfair union labor practices. 3. Identify the significance of Executive Orders 10988 and 11491 and the Civil Service Reform Act of 1978. Executive Orders 10988 and 11491 paved the way for labor relations to exist in the federal sector. Additionally, Executive Order 11491 made federal labor relations similar to its private-sector counterpart. The Civil Service Reform Act of 1978 removed federal-sector labor relations from under the jurisdiction of the president and established a forum for its continued operation. 4. Describe the union-organizing process. The union-organizing process officially begins with the completion of an authorization card. If the required percentage of potential union members shows their intent to vote on a union by signing the authorization card, the NLRB will hold an election. If 50 percent plus one of those voting votes for the union, then the union is certified to be the bargaining unit.
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5. Describe the components of collective bargaining. Collective bargaining typically refers to the negotiation, administration, and interpretation of a written agreement between two parties that covers a specific period of time. 6. Identify the steps in the collective-bargaining process. The collective-bargaining process is comprised of the following steps: preparation for negotiations, negotiations, and contract administration. 7. Explain the various types of union security arrangements. The various union security arrangements are the closed shop (made illegal by the Taft-Hartley Act); the union shop, which requires compulsory union membership; the agency shop, which requires compulsory union dues; and the open shop, which enforces workers' freedom of choice to select union membership or not. 8. Describe the role of a grievance procedure in collective bargaining. The grievance procedure provides a formal mechanism in labor contracts for resolving issues over the interpretation and application of a contract. 9. Identify the various impasse-resolution techniques. The most popular impasseresolution techniques include mediation (a neutral third party informally attempts to bring the parties to agreement); fact-finding (a neutral third party conducts a hearing to gather evidence from both sides); and interest arbitration (a panel of individuals hears testimony from both sides and renders a decision). 10. Discuss how sunshine laws affect public-sector collective bargaining. Sunshine laws require parties in the public sector to make their collective-bargaining negotiations open to the public.
Demonstrating Comprehension QUESTIONS FOR REVIEW 1. What is a union and why do they exist? 2. What three pieces of legislation have been most important in defining the rights of management and unions? 3. What is the process for establishing a union as the legal collective-bargaining representative for employees? 4. Why is compulsory union membership so important to unions? 5. Where are unionizing efforts focused today? 6. What is collective bargaining? How widely is it practiced? 7. Describe the collective bargaining process. 8. What is the objective of collective bargaining? 9. Why do a union's initial list of demands tend to be long and extravagant?
Key Terms agency shop authorization card Civil Service Reform Act collective bargaining conciliation and mediation dues check-off economic strike fact-finding
Federal Mediation and Conciliation Service (FMCS) grievance procedure interest arbitration Landrum-Griffin Act of 1959 lockout maintenance of membership
National Labor Relations Board (NLRB) open shop Racketeer Influenced and Corrupt Organizations Act (RICO) Railway Labor Act representation certification (RC)
representation decertification (RD) right to work laws Taft-Hartley Act union union security arrangements union shop Wagner Act wildcat strike
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HRM Workshop Linking Concepts to Practice
DISCUSSION QUESTIONS
1. "All that is required for successful labor–management relations is common sense, sound business judgment, and good listening skills." Do you agree or disagree with this statement? Explain. 2. Given your career aspirations, might you join a union? Why or why not? Explain. 3. "An employer might not want to stifle a union-organizing effort. In fact, an employer might want to encourage his
employees to join a union." Do you agree or disagree with this statement? Explain your position. 4. "If management treats employees well, pays them a fair wage, communicates with them, and ensures that they have a safe and healthy work environment, there is no need for a union." Do you agree or disagree with the statement? Explain your position.
Developing Diagnostic and Analytical Skills Case Application 14: "SAVE MONEY. LIVE BETTER"—WAL-MART AND UNIONS INTERPRET THE SLOGAN DIFFERENTLY People might be surprised to learn that historically anti-union retailer Wal-Mart does have stores with active unions. They are not in the U.S., though; they are in China and Canada. Wal-Mart workers in the United States haven't met with much success as they try to organize unions. Wal-Mart, like many employers, resent having a union as a third party representing workers to negotiate for working conditions, benefits, and compensation. A handful of meat cutters in the Jacksonville, Texas, store voted to join the United Food and Commercial Workers (UFCW) in 2000, but their affiliation was short lived. Within weeks, Wal-Mart closed the meat cutting operations in 180 stores in six states, including Texas, switching to prepackaged meat. Wal-Mart denied that the union membership had anything to do with the move. Canadian Wal-Mart workers haven't had much more success. In late 2008, Wal-Mart workers in Hull, Quebec, and Weyburn, Saskatchewan, won the right to representation by the UFCW. If history is any guide, they won't be dues paying members for long. In 2005, Wal-Mart announced the closing of their store in Jonquiere, Quebec, just two months after workers voted to be represented by the UFCW. Wal-Mart explained that the store had struggled financially since it's opening, but a survey by Pollara Inc., Canada's largest polling organization, found that only 9 percent of Canadians believed that Wal-Mart closed the store for financial reasons. Chinese Wal-Mart workers have found union membership much easier. The All-China Federation of Trade Unions (ACFTU) is a monopoly with 170 million members and is controlled by the Communist Party. In the face of a union so much more powerful than those in the United States and Canada, Wal-Mart agreed to ACFTU representation in several cities in China. Workers will receive 8 percent pay raises each year for the next two years. The
Working with a Team
ACFTU is generally seen as much friendlier to management than unions in other parts of the world. Are U.S. Wal-Mart workers getting any closer to union representation? Possibly. Proposed legislation called the "Employee Free Choice Act" (EFCA) would make unionization faster and easier by allowing union representation if over 50 percent of the employees sign a card indicating that they want to join. Presently, companies can demand a secret ballot, slowing the process. In the fall of 2008, Wal-Mart Human Resource managers reportedly alerted store managers and supervisors that if Barack Obama were elected president, that it was likely that the "Employee Free Choice Act" would sail through congress and be quickly signed by Obama. David Tovar, a Wal-Mart spokesman, is quoted as saying "We believe EFCA is a bad bill and we have been on record as opposing it for some time. We feel educating our associates about the bill is the right thing to do." Some managers present at the meetings interpreted HR's remarks to endorse John McCain, Obama's opposition in the 2008 election. Federal election laws allow companies to advocate specific political candidates to management, but not hourly workers. The supervisors who attended the meetings were hourly workers, but the managers were not. Questions: 1. What are the advantages and disadvantages to Wal-Mart of working with unions? 2. Explain the advantages and disadvantages of union membership from the employee perspective. 3. Explain the consequences of Wal-Mart's efforts to slow or stop union representation in the United States. 4. Which laws regulate the activities of Wal-Mart and the employees in the organizing efforts? Do you believe Wal-Mart is ethical in its efforts to stop the unions?
HANDLING A GRIEVANCE
Break into teams of three. This role-play requires one person to play the role of the HR director (Chris), another to play the role of the employee (Pat), and a third to play the role of the union steward (C.J.).
Each team member should read the following scenario and the excerpt from the union contract and then role-play a meeting in Chris's office. This role-play should take no more than 15 minutes.
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Enhancing Your Communication Skills Scenario The head of security for your company has recently been focusing attention on the removal of illegal substances from the company's workplace. One morning last week, a guard suspected the possession of a controlled substance by an employee, Pat. The guard noticed Pat placing a bag in a personal locker and subsequently searched the locker. The guard found a variety of pills, some of which he thought were nonprescription types. As Pat was leaving work for the day, the security guard stopped Pat with a request for Pat to empty the contents of the bag being carried. Pat was not told why the request was being made. Pat refused to honor the request and stormed out of the door, leaving the company's premises. Pat was terminated the next morning by the boss for refusing to obey the legitimate order of a building security guard. Feeling unable to address the issue satisfactorily with Pat's supervisor, Pat and C.J. have set up this meeting with Chris. Chris has just gone into a meeting with Pat and C.J. Chris wishes to enforce Pat's supervisor's decision to terminate Pat and
Learning an HRM Skill
justify the reason for it. C.J. and Pat, on the other hand, claim this action is a violation of the union contract. Relevant Contract Language The following is excerpted from the labor agreement: An employee who fails to maintain proper standards of conduct at all times, or who violates any of the following rules, shall be subject to disciplinary action. Rule 4: Bringing illegal substances, firearms, or intoxicating liquors onto company premises, using or possessing these on company property, or reporting to work under the influence of a substance is strictly prohibited. Rule 11: Refusal to follow supervisory orders or acting in any way insubordinate to any company agent is strictly prohibited.
Role for Chris To handle this grievance, listen to the employee's complaint, investigate the facts as best you can, make your decision, and explain it clearly.
NEGOTIATION SKILLS
About the Skill The essence of effective negotiation can be summarized in the following six recommendations.55 1. Research your opponen. Acquire as much information as you can about your opponent's interests and goals. What people must he or she appease? What is his or her strategy? This information will help you better understand your opponent's behavior, predict his or her responses to your offers, and frame solutions in terms of his or her interests. 2. Begin with a positive overture. Research shows that concessions tend to be reciprocated and lead to agreements. As a result, begin bargaining with a positive overture—perhaps a small concession—and then reciprocate your opponent's concessions. 3. Address problems, not personalities. Concentrate on the negotiation issues, not on the personal characteristics of your opponent. When negotiations become tough, avoid the tendency to attack your opponent. You disagree with your opponent's ideas or position, not him or her personally.
Separate the people from the problem and don't personalize differences. 4. Pay little attention to initial offers. Treat an initial offer as merely a point of departure. Everyone needs an initial position, and initial positions tend to be extreme and idealistic. Treat them as such. 5. Emphasize win–win solutions. If conditions are supportive, look for an integrative solution. Frame options in terms of your opponent's interests and look for solutions that allow your opponent, as well as you, to declare a victory. 6. Be open to accepting third-party assistance. When stalemates are reached, consider the use of a neutral third party—a mediator, an arbitrator, or a conciliator. Mediators can help parties come to an agreement, but they don't impose a settlement. Arbitrators hear both sides of the dispute then impose a solution. Conciliators are more informal and act as a communication conduit, passing information between the parties, interpreting messages, and clarifying misunderstandings.
Enhancing Your Communication Skills 1. Research the effect that an economic recession has on union membership, contract negotiations, and other aspects of belonging to and working with unions. Present your findings in a two- to three-page research paper or a 3–5 minute presentation with presentation slides. Cite all references. 2. Select a video online that either supports or discourages union membership. Check the facts presented in the video for accuracy. Present your findings to your class.
3. Visit the AFL-CIO's Web site (www.aflcio.com). Research and summarize two current union issues the AFL-CIO is working on/supporting legislation for. End your report with your support for or against the union perspective. 4. Investigate how the Racketeer Influenced and Corrupt Organizations Act (RICO) has been used in the past five years to attack corrupt practices in labor unions. Cite specific examples found in your research.
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Endnotes Chapter 1 The Dynamic Environment of HRM 1. J. M. O'Brien, "A Perfect Season," Fortune, (February 4, 2008), pp. 64–66. 2. "World of Opportunity in Boston Hotels," www.boston.com (March 30, 2008). 3. Excerpt from Robert W. Lane, C.E.O. John Deere, at Iowa State University (April 24, 2005). 4. See for example, "The Forbes 500s," Forbes (March 2003), pp. 48–55. 5. Ibid. 6. C. Y. Chen, "The World's Most Admired Companies 2002," Fortune (March 4, 2002), pp. 91–93; N. Stein, "Global Most Admired: The World's Most Admired Companies," Fortune (October 2, 2000), p. 182; "Global Most Admired: And the Winners Are . . ." Fortune (October 2, 2000), pp. 191–194; and K. Capell, H. Dawley, W. Zellner, and K. N. Anhalt, "Wal-Mart's Not-So-Secret British Weapon," Business Week ( January 14, 2000), p. 132. 7. A multinational corporation has significant operations in two or more countries. A transnational corporation maintains significant operations in two or more countries simultaneously and gives each the decision-making authority to operate in the local country. 8. For a more comprehensive coverage of the cultural dimension, see Geert Hofstede, Cultural Consequences: International Differences in WorkRelated Values (Beverly Hills, CA: Sage Publications, 1980). 9. "Top 25 Innovations," found online at http://www.cnn.com/ 2005/TECH/01/03/cnn25.top25.innovations/index.html. 10. Thomas L. Friedman, The World Is Flat: A Brief History of the Twenty-first Century (Farrar, Straus and Giroux, 2005), 9–11. 11. "Tomorrow's Jobs," U.S. Bureau of Labor Statistics, http:// www.bls.gov/oco/oco2003. htm (December, 18, 2007). 12. John Schermerhorn, Management, 9th ed. (Wiley, 2008), p. 159. 13. B. B. Hughes, "Global Social Transformation: The Sweet Spot, the Steady Slog, and the Systemic Shift," Economic Development and Cultural Change ( January 2001), pp. 423–458; C. R. Greer, "E-Voice: How Information Technology Is Shaping Life Within Unions," Journal of Labor Research (Spring 2002), pp. 215–235; R. A. Miller, "The Four Horsemen of Downsizing and the Tower of Babel," Journal of Business Ethics ( January 2001), pp. 147–151; R. L. Schott, "The Origins of Bureaucracy: An Anthropological Perspective," International Journal of Public Administration ( January 2000), pp. 53–78; and J. Cross and T. O'Driscoll, "Workflow Learning Gets Real: Welcome to an Era in Which Learning Fuses with Real-Time Work. The Convergence Is Ushering in a Whole New Era," Training (February 2005), pp. 30–34. 14. J. Jusko, "A Watchful Eye," Industry Week (May 7, 2001), p. 9; and "Big Brother Boss," U.S. News and World Report (April 30, 2001), p. 12. 15. T. George and E. Colkin, "Spring Cleaning for University Tech Offerings," Information Week (April 22, 2002), pp. 88–90. 16. H. F. Gale Jr., T. R. Wojan, and J. C. Olmsted, "Skills, Flexible Manufacturing Technology, and Work Organization," Industrial Relations (January 2002), pp. 48–79. 17. M. A. Verespej, "Inappropriate Internet Surfing," "Industry Week" (February 7, 2000), pp. 59–64. 18. Ibid. 19. Ibid., p. 51. 20. Ibid. 21. For an interesting perspective on this issue, see D. Zweig and J. Webster, "Where Is the Line Between Benign and Invasive? An Examination of Psychological Barriers to the Acceptance of Awareness Monitoring Systems," Journal of Organizational Behavior (August 2002), pp. 602–634.
22. O. C. Richard, "Racial Diversity, Business Strategy, and Firm Performance: A Resource-Based View," Academy of Management Journal (April 2000), pp. 164–177; and M. Lien, "Workforce Diversity: Opportunities in the Melting Pot," Occupational Outlook Quarterly (Summer 2004), pp. 28–37. 23. A. S. Wellner, "Tapping a Silver Mine," HR Magazine (March 2002), pp. 26–32; and N. Thompson, "American Work Force Is Seeing More Gray," Baltimore Sun (October 8, 2000), pp. A1, A13. 24. See Society of Human Resource Management, "What Are Some Strategies for Recruiting and Retaining a Diverse Workforce?" Workplace Diversity Initiative (September 29, 2000), pp. 1–3. 25. B. Leonard, "Not All Training Programs Have Felt the Full Squeeze of Corporate Belt-Tightening," HR Magazine (April 2002), p. 25; R. Koonce, "Redefining Diversity," Training and Development (December 2001), pp. 22–33; and T. Colling, "Institutional Theory and the CrossCultural Transfer of Employment Policy: The Case of Workforce Diversity in US Multinationals," Journal of International Business Studies (May 2005), pp. 304–321. 26. B. Benham, "Get Your Share," Working Woman (April 2001), pp. 54–58. 27. See also L. Grensing-Pophal, "A Balancing Act on Diversity Audits," HR Magazine (November 2001), pp. 87–95; T. Minton-Eversole, "Coke Also Reviews Benefits Program During Its Diversity Analysis," HR News (December 2001), p. 4; and J. T. Childs Jr., "Managing Workforce Diversity at IBM: A Global HR Topic That Has Arrived," Human -Resource Management (Spring 2005), pp. 73–77. 28. L. Grensing-Pophal, "Reaching for Diversity," HR Magazine (May 2002), pp. 53–56. 29. See, for instance, "Focus on the 100 Best–Top 10 2008" Working Mother Magazine Online, www.workingmother.com. accessed May 24, 2009. 30. D. Kubal and J. Newman, "Work-Life Balance Becoming a Key Tool for Retention," Workforce Management, www.workforce.com accessed December 15, 2008. 31. See, for instance, L. Belkin, "From Dress-Down Friday to Dress-Down Life," New York Times ( June 22, 2003), p. 1; and E. Tahminicioglu, "By Telecommuting, the Disabled Get a Key to the Office, and a Job," New York Times ( July 20, 2003), p. 1. 32. D. Kubal and J. Newman, "Work-Life Balance Becoming a Key Tool for Retention," Workforce Management, www.workforce.com accessed December 15, 2008. 33. See, for example, "U.S. Employers Polish Image to Woo a Demanding New Generation," Manpower Argus (February 2000), p. 2. 34. L. L. Martins, K. B. Eddleston, and J. F. Veiga, "Moderators of the Relationship Between Work-Family Conflict and Career Satisfaction," Academy of Management Journal (May 2002), pp. 399–409; and L. Carlson, "Work-Life Benefits Don't Guarantee Work-Life Balance: Having a Work-Life Benefits Program Isn't Enough: You Must Be Sure That Executives and Managers Are Walking the Talk," Employee Benefits News (August 1, 2005), pp. 1–2. 35. Ed. Frauenheim, "Face of the Future: The Aging Workforce," Workforce Management, October 9, 2006, p. 1, 22–26. 36. Theresa Minton-Eversol, "U.S., Canadian Firms Look Past Borders," HR Magazine, (April 2008), p. 36. 37. D. Eisenberg, "Firms Brace for Worker Shortage," Time (May 6, 2002), p. 44. 38. N. Grossman, "Shrinking the Work Force in an Economic Slowdown," Compensation and Benefits Management (Spring 2002), pp. 12–23. 39. "Human Resources," Business Asia (March 11, 2002), pp. 6–8; D. Michaels, "British Airways to Cut More Jobs and Routes to Address Losses," Wall Street Journal (February 14, 2002), p. A-15; and T. Waddel, "Contracting Out—Is In," New Zealand Management (November 2000), p. 92. 367
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40. L. M. Gossett, "The Long-Term Impact of Short-Term Workers," Management Communication Quarterly (August 2001), pp. 115–120. 41. For an interesting background perspective of contingent workers, see S. F. Befort, "Revisiting the Black Hole of Workplace Regulation: A Historical and Comparative Perspective of Contingent Work," Berkeley Journal of Employment and Labor Law (Summer 2003), pp. 153–178. 42. See, for instance, B. A. Lautsch, "Uncovering and Explaining Variance in the Features and Outcomes of Contingent Work," Industrial and Labor Relations Review (October 2002), pp. 23–44. 43. See K. J. Bannan, "Breakaway (A Special Report)—Getting Help— Together: By Bundling Job-Recruiting Efforts, Small Firms Seek Attention—and Leverage," Wall Street Journal (April 23, 2001), p. A-12. 44. A. Gabor, "He Made America Think About Quality," Fortune (October 30, 2000), pp. 292–293. 45. See, for example, J. McElroy, "Six Lessons for Ford," Ward's Auto World (December 2001), p. 17. 46. "Continuous Improvement: Ten Essential Criteria," Measuring Business Excellence (January 2002), p. 49. 47. "Winning with Kaizen," IIE Solutions (April 2002), p. 10. 48. J. A. M. Coyle-Shapiro, "Changing Employee Attitudes: The Independent Effects of TQM and Profit Sharing on Continuous Improvement Orientation," Journal of Applied Behavioral Science (March 2002), pp. 57–77. 49. M. Budman, "Jim Champy Puts His 'X' on Reengineering," Across the Board (March/April 2002), pp. 15–16. 50. D. J. Lynch, "Manufacturing losses weigh heavily on Ohio," USA Today, (March 3, 2008), pp. 1B–2B. 51. "Will More Offshoring Be a Result of Economic Uncertainties?," HR Focus, (June 2008), p. 21. 52. "Mergers and Acquisitions, Opportunities for Global Growth" International Business Report, 2008 Grant Thornton International. www.internationalbusinessreport.com 53. B. Tai and N. Lockwood, "Mergers and Acquisitions" HR Magazine, accessed May 26, 2009 at www.shrm.org. 54. S. A. DiPiazza, "Ethics in Action," Executive Excellence ( January 2002), pp. 15–16. 55. "Coming Clean," Money (May 2002), p. 33. 56. "Did Enron and SOX Change Ethical Behavior at U.S. Companies?," HR Focus, (February 2008), p. 22. 57. B. R. Gaumnitz and J. C. Lere, "Contents of Codes of Ethics of Professional Business Organizations in the United States," Journal of Business Ethics (January 2002), pp. 35–49; and C. C. Verschoor, "Benchmarking Ethics and Compliance Programs," Strategic Finance (August 2005), pp. 17–19. 58. Ibid. 59. M. M. Clark, "Corporate Ethics Programs Make a Difference, But Not the Only Difference," HR Magazine (July 2003), p. 36; and T. F. Shea, "Employees' Report Card on Supervisors' Ethics: No Improvement," HR Magazine (April 2002), p. 29. 60. See also "Angels in the Boardroom," Business Week (July 7, 2003), p. 12; and A. G. Peace, J. Weber, K. S. Hartzel, and J. Nightingale, "Ethical Issues in eBusiness: A Proposal for Creating the eBusiness Principles," Business and Society Review (Spring 2002), pp. 41–60. 61. D. Jones, "Some firms' fertile soil grows crop of future CEO's," USAToday ( January 9, 2008), p. 1 B.
62. K. H. Hammonds "Harry Kraemer's Moment of Truth," Fast Company, (October, 2002), pp. 92–98. 63. This case is based on "Work/Life at Baxter," www.baxter.com.
Chapter 2 Fundamentals of Strategic HRM 1. R. J. Grossman, "Remodeling HR at Home Depot," HR Magazine (November 2008), p. 67–72. 2. T. Starner, "Restructuring HR," Human Resource Executive www .hrexecutive.com accessed May 26, 2009.
3. "Home Depot restructuring Human Resources function, jobs could be cut."International Herald Tribune, (April 4, 2008) www.nytimes.com accessed April 5, 2008. 4. No specific date is identified regarding the "birth" of personnel departments, but the generally accepted inception of personnel was in the early 1900s in the BF Goodrich Company. Early personnel departments were often seen as performing relatively unimportant activities. In fact, the personnel department was often viewed as an "employee graveyard"—a place to send employees who were past their prime and couldn't do much damage. 5. B. Roberts, "Side-by-Side," HR Magazine (March 2004), pp. 52–57; B. Becker, "Measuring HR?" HR Magazine (December 2003), pp. 57–61; S. Bates, "The Metrics Maze," HR Magazine (December 2003), pp. 52–55; R. J. Grossman, "Forging a Partnership," HR Magazine (April 2003), pp. 40–46; and R. J. Grossman, "Holding Back Bankruptcy," HR Magazine (May 2003), pp. 45–52. 6. C. H. Anderson, "Take Steps to Ensure HR Tactics Support Business Strategy" (May 2008), www. Shrm.com. 7. S. Lauby, SPHR, "Human Resource Plans: The Foundation for Organizational Strategic Planning," SHRM Information Center (September 2003), www.shrm.org. accessed April, 2008. 8. K. Gurchiek, "Staffing Issues Critical to Business Strategies, SHRM Finds," SHRM HR News, (May 28, 2008), www.shrm.org accessed May 30, 2008. 9. "Watson Wyatt Human Capital Index: Human Captial As a Lead Indicator of Shareholder Value," www.watsonwyatt.com. 10. See, for instance, N. W. Bryan, "HR by the Numbers," Workforce (June 2000), pp. 94–104. 11. Arnold Packer, "Getting to Know the Employee of the Future," Training and Development (August 2000), pp. 39–43. 12. "Strategic HR—Aligning Human Resources with Corporate Goals," Management Services (August 2000), p. 5; and J. Laabs, "Strategic HR Won't Come Easily," Workforce (January 2000), pp. 52–56. 13. D. Schoeneman, "Can Google Come Out and Play?," New York Times (December 31, 2006), www.nytimes.com accessed May1, 2008. 14. B. Leonard, "Investment in HR Reaps Benefits," HR Magazine (June 2000), p. 22. 15. See, for example, S. Bates, "Most Workers Only Moderately Engaged, Study Finds," HR News (August 14, 2003), p. 1. 16. See, for example, Richard Henderson, Compensation Management in a Knowledge-Based World, 9th ed. (Upper Saddle River, NJ: Prentice Hall, 2003). 17. G. A. Stevens and J. Burley, "Piloting the Rocket of Radical Innovation: Selecting the Right People for the Right Roles Dramatically Improves the Effectiveness of New Business Development," Research Technology Management (March–April 2003), pp. 16–26. 18. J. Marquez, "The State of Compensation: Raising the Performance Bar," Workforce Management, (April 24, 2006), pp. 31–32. 19. See, for instance, S. Miller, "Employers Underestimate the Role of Benefits in Employee Loyalty," SHRM Online, www.shrm.org (April, 2008). 20. N. C. Nelson, "Employee Retention Strategies for Small Businesses," SHRM White Paper, Society of Human Resource Management (February 2008). 21. Substantial criticism of the Hawthorne studies regarding the conclusions they drew has in no way diminished the significance of opinions they represent in the development of the HRM field. 22. C. Johnson, ". . . and Other Duties as Assigned," HR Magazine (February 2000), pp. 66–72. 23. Information based on Society for Human Resource Management, "HR Basics 2000" (October 2000). 24. As we will show in Chapter 5, during a period of downsizing, the employment department may also handle layoffs. 25. It should be noted that compensation and benefits may be, in fact, two separate departments. However, for reading flow, we will consider the department as a combined, singular unit. 26. C. H. Anderson, "Take Steps to Ensure HR Tactics Support Business Strategy," www.SHRM.com (May 2008).
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Endnotes 27. M. Bruno, "Health Benefits Paramount for Workers When Choosing an Employer," Financial Times, (January 7, 2008). 28. Perquisites, or perks, are special offerings accorded to senior managers in an attempt to attract and retain the best managers possible. 29. See G. Roper, "Managing Employee Relations," HR Magazine (May 2005), pp. 101–104; and J. A. Segal, "Labor Pains for Union-Free Employers: Don't Be Caught Unaware of Nonunion Employees' Labor Law Rights," HR Magazine (March 2004), pp. 113–118. 30. M. C. Johike and D. F. Duhan, "Supervisor Communication Practices and Service Job Outcomes," Journal of Service Research (November 2000), p. 154. 31. See, for instance, L. Grensing-Pophal, "Follow Me," HR Magazine (February 2000), pp. 36–41. 32. M. Hoffman, "Breaking Up the Kitchen Cabinet," Inc. (January 30, 2001), pp. 101–102. 33. "Employee Relations," HR Magazine (February 2003), p. 127; and L. A. Weatherly, "HR Technology, Leveraging the Shift to Self-Service—It's Time to Go Strategic," available online at www.shrm.org/ research/quarterly/2005/0305RQuart_essay.asp (March 2005). 34. S. F. Del Brocco and R. W. Sprague, "Getting Your Supervisors and Managers in the Right Team," Employment Relations Today (Autumn 2000), pp. 13–27. 35. Society of Human Resource Management, www.shrm.com. 36. Human Resources at www.bls.gov 37. L. Ryan, "The Sunny Side of Human Resources," Business Week Online (August 13, 2007), p. 15. 38. K. Gurchiek, "Survey: Key Skills Advance HR Career," HR Magazine, (April 2008), p. 38. 39. Watson Wyatt Worldwide, "Effective Recruiting Tied to Stronger Financial Performance," available online at www.watsonwyatt. com/news/press.asp?id514959 (2005). 40. Ibid. 41. "HR Outsourcing Is Not All About the Money," HR Magazine (April 2003), p. 14; and S. Bates, "Facing the Future," HR Magazine (July 2002), p. 30. 42. "A Watershed Year Predicted for HR Outsourcing," HR Magazine (February 2006). 43. S. Miller, "PEO Boom: Outsourcing for Small Firms Expected to Double by 2014," SHRM Online (October 2007). Online at www.shrm.org accessed May 28, 2009. 44. T. Mallory, "May I Handle That for You?" Inc. (March 2008), pp 40–42. 45. "IBM and American Airlines sign human resources services agreement," www.ibm.com (March 2, 2007). 46. "A Watershed Year Predicted for HR Outsourcing," HR Magazine; (February 2006); S. Miller, "PEO Boom: Outsourcing for Small Firms Expected to Double by 2014," SHRM Online (October 2007). www.shrm.org accessed May 30, 2008. 47. J. Marquez, "Not In for Outsourcing: Bucking the HRO Trend," Workforce Management (February 12, 2007), p. 1, 18–21. 48. Strategic business units, or market-driven units, operate as independent entities in an organization with their own set of strategies and mission. 49. B. Leonard, "Organizations Benefit from Sharing HR Services," HR Magazine (February 2000), p. 32. 50. B. Cecil, "Shared Services: Moving Beyond Success," Strategic Finance (April 2000), pp. 64–68. 51. D. Nilsen, B. Kowske, and K. Anthony, "Managing Globally," HR Magazine (August 2005), pp. 111–115. 52. S. Cuthill, "Cross-Cultural Training: A Critical Step in Ensuring the Success of International Assignments," Human Resource Management (Summer Fall 2000), pp. 239–250. 53. "International Transfers: Making Relocation Offers Employees Can't Refuse," SHRM Information Center (April 2000), pp. 1–6. 54. See, for instance, M. A. del Rio, "Expatriate Tax: Understanding the Spanish System," Benefits and Compensation (July–August 2000), pp. 27–30.
55. "Coming Clean," Money (May 2002), p. 33. 56. Based on J. A. Segal, "The Joy of Uncooking," HR Magazine (November 2002), online at www.shrm.org accessed May 28, 2009. 57. Ibid. 58. C. Hirschman, "Someone to Listen: Ombuds Can Offer Employees a Confidential, Discrete Way to Handle Problems—But Setup and Communication Are Crucial to Making this Role Work Properly," HR Magazine ( January 2003), pp. 46–52. 59. B. McConnel, "Executives, HR Must Set Moral Compass, Says Ethics Group," HR News, www.shrm.org/hrnews.published/ archives/ CMS.003406.asp, (August 19, 2003). 60. This case is based on online company information available at www.techtarget.com (2008). 61. Human Resource Certification Institute, See PHR, SPHR, GPHR Handbook (Alexandria, VA: HRCI, Society for Human Resource Management, 2008).
Chapter 3 Equal Employment Opportunity 1. "Employment Situation of Veterans Summary," Bureau of Labor Statistics. www.bls.gov/cps (April 10, 2008). 2. Employer Support of the Guard and Reserve, http://esgr.org/ userra.asp?p⫽summary, accessed June 23, 2008. 3. U.S. Department of Veterans Affairs, VR & E Information for Employers, www.vba.gov, accessed June 23, 2008. 4. S. Marshall, "Fighting for work," Crain's New York Business (October 15, 2007) pp. 51–52. 5. "Your Rights Against Discrimination Based on Sexual Orientation," available online at www.nolo.com ( July 2008). 6. See, for instance, ReligiousTolerance.org, "Governments Which Have Recognized Same Sex Relationships," available online at www.religioustolerance.org/hom_mar4.htm (2003). 7. Cases filed under this act could be heard by a jury. Such opportunity was unavailable under the Civil Rights Act of 1964. 8. Under the Civil Rights Act of 1964, the only remedy was back pay. 9. Patterson v. McLean Credit Union, 87 U.S. Supreme Court, 107 (1989). 10. Another stipulation is receiving $50,000 or more of government monies. Thus, a two-person operation that has a government contract for more than $50,000 is bound by Title VII. J. Gill, "Gender Issues," Inc. (April 2005), pp. 38–40. 11. Washington Metropolitan Police Department v. Davis, 422 U.S. Supreme Court, 229 (1976). 12. The EEOA of 1972 amended Title VII in several ways, including expanding the definition of employer to include state and local government agencies and educational institutions; reducing the minimum number of employees in private sector organizations from 25 to 15; and giving more power to the EEOC to file suit against alleged violators of Title VII. 13. R. R. Thomas Jr., "From Affirmative Action to Affirming Diversity," Harvard Business Review (March–April 1990), p. 107. 14. S. Lau, A. Maingault and R. Dooley, "HR Solutions," HR Magazine (January 2006), pp. 37–38. 15. See, for instance, H. Holzer and D. Neumark, "Assessing Affirmative Action," Journal of Economic Literature (September 2000), pp. 483–568; and R. J. Grossman, "Is Diversity Working?" HR Magazine (March 2000), pp. 46–50. 16. See, for example, B. McConnell, "Stay or No Stay, EEO's Here to Stay," Broadcasting & Cable (April 17, 2000), p. 22; and A. A. Fletcher, "Business and Race: Only Halfway There," Fortune (March 6, 2000), pp. F-76–F-78. 17. Adverse impact refers to an employment practice that results in a disparate selection, promotion, or firing of a class of protected group members, whereas adverse treatment affects one or more individuals. M. M. Clark, "Court: Workers Can Sue for Unintentional Age Bias," HR Magazine (May 2005), p. 29; and A. L. Rupe, "Legal Gender Bending," Workforce Management (May 2005), pp. 12–14.
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18. ADEA is afforded to all individuals age 40 and older employed in organizations with 20 or more employees. 19. Executive and high policy-making employees may still be required to retire. Three conditions must be met, however: they are at least 65 years of age; will receive a substantial pension from the organization; and have been in this executive or high policy-making position for the previous two years. 20. "FAA Statement on Pilot Retirement Age," www.faa.gov, accessed May 29, 2009. 21. See Price v. Maryland Casualty Co., 561 F.2d 609, 612 (C.A. 5th Cir., 1977). 22. The U.S. Equal Employment Opportunity Commission, "Facts About Age Discrimination," www.eeoc.gov/facts/age.html (2003). 23. "A Guide to Disability Rights and Laws," U.S. Department of Justice (September 2005). 24. S. P. Sonnenberg, "Mental Disabilities in the Workplace," Workforce ( June 2000), pp. 142–146. 25. "Consider Medical Aids When Determining Disability Status," www.workforce.com, accessed May 29, 2009. 26. R. J. Grossman, "Countering a Weight Crisis," HR Magazine (March 2004), pp. 42–51. 27. "Accommodation Will Be the Next ADA Issue," HR Focus (March 2000), p. 2. 28. An undue hardship under the Americans with Disabilities Act refers to a situation in which an organization, in making accommodations, would incur significant expenses or difficulties that would severely impact the organization's finances or its operations. 29. For example, with 15–100 employees, the maximum damage award is $50,000; 101–200 employees, $100,000; 201–500 employees, $200,000; and more than 500 employees, $300,000. See B. Gutek, "Workplace Sexual Harassment Law: Principles, Landmark Developments, and Framework for Effective Risk Management," Personnel Psychology (Autumn 2000), p. 746. 30. The Department of Labor has defined just what does and does not count toward the 50-employee threshold. Specifically, temporary employees and those on permanent layoff do not count toward the 50 minimum. Furthermore, under certain circumstances, and in compliance with company policy, the employee or the employer may substitute paid personal leave or accrued vacation time for the unpaid leave. The paid-leave portion of the act, however, has several limitations and qualifiers. See also "DOL Regs Requiring Designation of FMLA Leave Are Invalid," HR Focus (September 2000), p. 2; and "FMLA Miles Measured by Driving Distance," HR Magazine ( July 2005), p. 109. 31. U.S. Department of Labor. "Fact Sheet #28. The Family and Medical Leave Act of 1993" (www.dol.gov/esa/regs/compliance/ main.htm, 2003); and A. Bernstein, "The Fight Brewing over Family Leave," Business Week ( June 13, 2005), pp. 62–63. 32. Allen Smith "Expanded Leave Causes Complications," HR Magazine (March 2008), p. 28. 33. B. Leonard, "FMLA Does Create Hardships for Employers," HR Magazine (August 2000), p. 28; and M. Zall, "The Family and Medical Leave Act: An Employer Perspective," Strategic Finance (February 2000), pp. 46–50. 34. D. Cadrain "Noble Headache," HR Magazine ( July 2008) pages 55–59. 35. Ibid. 36. U.S. Department of Labor, www.dol.gov/vets/, accessed May 29, 2009. 37. Connecticut v. Teal, U.S. Supreme Court, 102, Docket No. 2525 (1982). 38. We must note here that the 4/5ths rule, as established, does not recognize specific individuals' requirements; that is, a minority could be any group. For example, when airlines hired only females as flight attendants, males were the minority. 39. McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 80 (U.S. 1973). 40. Such a case is frequently referred to as a prima facie case. These cases have enough evidence to support the charge, and will be considered sufficient unless refuted by the organization. 41. McDonnell-Douglas Corp. v. Green, 411 U.S. 792, 80 (U.S. 1973).
42. J. B. Berman, "Defining the 'Essence of the Business': An Analysis of Title VII's Privacy Controls After Johnson Controls," University of Chicago Law Review (Summer 2000), p. 749. 43. Reasonable accommodation here is a difficult area not to support. If through the use of personal leave, an individual can be accommodated, then no BFOQ exists. Also, the courts may view how an enterprise treats traditional Christian holidays in viewing reasonable accommodation. See T. I. Levy, "Religion in the Workplace," Management Review (February 2000), pp. 38–40. 44. See, for example, K. C. Cash, G. R. Gray, and S. A. Rood, "A Framework for Accommodating Religion and Spirituality in the Workplace: Executive Commentary," Academy of Management Executive (August 2000), pp. 124–134. 45. "FedEx Faces Lawsuit Citing Religious Bias Against an Ex-Driver," Wall Street Journal (March 20, 2000), p. B-17. 46. C. J. Layton, "The Hiring Process, a Primer of Legal Dos and Don'ts," Workforce Management (March 2008), accessed May 29, 2009. 47. A disparate impact occurs when an HRM practice eliminates a group of individuals from job considerations. Disparate treatment exists when an HRM practice eliminates an individual from employment consideration. 48. Albemarle Paper Company v. Moody, 422 U.S. Supreme Court (U.S. 1975). 49. Wards Cove Packing Co., Inc., v. Atonio, U.S. Supreme Court, Docket No. 87-1387, June 5, 1989. 50. Bakke v. Regents of the University of California, 438 U.S. 265 (1978). 51. United Steelworkers of America v. Weber, 99 S. CT. 2721 (1979). 52. Firefighters Local 1784 v. Stotts, 467 Supreme Court, 561 (1984). 53. Wyant v. Jackson Board of Education, 106 Supreme Court, 842 (1986). 54. "Central Station Casino to Pay $1.5 Million in EEOC Settlement for National Origin Bias," U.S. Equal Employment Opportunity Commission, www.eeoc.gov, accessed May 29, 2009. 55. D. D. Hatch, J. E. Hall, and M. T. Miklave, "New EEOC Guidance on National-Origin Discrimination," Workforce (April 2003), p. 76. 56. See, for instance, U.S. Equal Employment Opportunity Commission, "EEOC Reaches Landmark 'English-Only' Settlement: Chicago Manufacturer to Pay Over $190,000 to Hispanic Workers," www.eeoc.gov/ press/9-1-00.html, (September 1, 2000), pp. 1–2; and L. Girion, "13 Phone Operators Win Record $709,284 in English-Only Suit," Los Angeles Times (September 20, 2000), p. C-1. 57. It is important to note that individuals are not required to file charges against the organization through the EEOC. They may, at their discretion, use a state agency (such as a human rights commission) or proceed on their own. However, the outcomes of these other avenues are not binding to the EEOC. Additionally, charges may be filed by the individual, his or her representative (for example, union), or the EEOC itself. 58. We'll look at the Equal Pay Act in Chapter 11 as it relates to compensation plans. 59. Under the Americans with Disabilities Act, the EEOC enforces Titles I and V of the act. 60. In EEOC v. Commercial Office Products, U.S. Supreme Court Docket No. 86-1696 (1988), the Court ruled that if a work-sharing arrangement exists between the EEOC and a state or local agency, the time limit increases to 300 days. 61. Adapted from the 1981 Guidebook to Fair Employment Practices, pp. 123–161; unpublished manuscript by S. Mazaroff, Esquire, "A Management Guide to Responding to a Charge of Discrimination Filed with the EEOC" (Baltimore, MD: Venable, Baetjer, and Howard, Attorneys-at-Law, 1994), p. 1. It should also be noted that the EEOC automatically refers all claims to the appropriate state agency. If, however, the state agency defers back to the EEOC, it will proceed with the case. See also M. G. Danaher, "EEOC Allowed to Pursue Discrimination Claim on Behalf of Pregnant Nurse," HR News (October 2000), p. 6. 62. U.S. Equal Employment Opportunity Commission, "Charge Statistics: FY 1992 Through FY 2002," www.eeoc.gov/stats/charges .html, (2003).
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Endnotes 63. R. Zeidner, "Low Staff, Stagnant HR Cripple EEOC," HR Magazine (March 2008) p. 23. 64. S. Sclafane " EEOC Eyeing Bigger Targets, Industries," National Underwriter (April 17, 2006), p. 10. 65. Under Section 503 of the Vocational Rehabilitation Act, those organizations that have a contract or subcontract in the amount of $2,500 must have affirmative action plans to hire the disabled. For the Vietnam Veterans Readjustment Act, the amount is $10,000. 66. "Validate Hiring Tests To Withstand EEO Scrutiny: DOL & EEOC Officials," HR Focus (May 2008), pp. 8–9. 67. See Equal Employment Opportunity Commission, "Sexual -Harassment Charges: EOC & FEPAs Combined: FY 1992–FY 2004," available online at www.eeoc.gov/stats/harass.html, (2005). 68. "Sexual Harassment Charges EEOC & FEP As Combined: FY 1997–FY 2007," U.S. Equal Opportunity Employment Commission at www.eeoc.gov/stats/harass.html, accessed May 29, 2009. 69. N. F. Foy, "Sexual Harassment Can Threaten Your Bottom Line," Strategic Finance (August 2000), pp. 56–57. 70. "Federal Monitors Find Illinois Mitsubishi Unit Eradicating Harassment," Wall Street Journal (September 7, 2000), p. A-8. 71. L. J. Munson, C. Hulin, and F. Drasgow, "Longitudinal Analysis of Dispositional Influences and Sexual Harassment: Effects on Job and Psychological Outcomes," Personnel Psychology (Spring 2000), p. 21. 72. See, for instance, G. L. Maatman Jr., "A Global View of Sexual Harassment," HR Magazine (July 2000), pp. 151–158. 73. "Nichols v. Azteca Restaurant Enterprises," Harvard Law Review (May 2002), p. 2074; A. J. Morrell, "Non-Employee Harassment," Legal Report ( January–February 2000), p. 1. 74. See also M. Rotundo, D. H. Nguyen, and P. R. Sackett, "A Meta-Analytic Review of Gender Differences in Perceptions of Sexual Harassment," Journal of Applied Psychology (October 2001), pp. 914–922. 75. R. L. Wiener and L. E. Hurt, "How Do People Evaluate Social Sexual Conduct at Work? A Psychological Model," Journal of Applied Psychology (February 2000), p. 75. 76. Meritor Savings Bank v. Vinson, U.S. Supreme Court 106, Docket No. 2399 (1986). 77. R. D. Lee and P. S. Greenlaw, "Employer Liability for Employee Sexual Harassment: A Judicial Policy-Making Study," Public Administration Review (March/April 2000), p. 127. 78. Ibid. 79. "You and DuPont: Diversity," DuPont Company Documents, www.dupont.com/careers/you/diverse.html, (1999–2000); and "DuPont Announces 2000 Dr. Martin Luther King, Jr., Days of Celebration," DuPont Company Documents, www.dupont. com/corp/whats-news/releases/00/001111.html, (January 11, 2000). 80. It should be noted here that under Title VII and the Civil Rights Act of 1991, the maximum award under the federal act is $300,000. However, many cases are tried under state laws that permit unlimited punitive damages. 81. J. W. Janove, "Sexual Harassment and the Big Three Surprises," HR Magazine (November 2001), pp. 123–130; and L. A. Baar and J. Baar, "Harassment Case Proceeds Despite Failure to Report," HR Magazine ( June 2005), p. 159. 82. In addition to the Ellerth case, a second Supreme Court ruling in 1998 (Faragher v. City of Boca Raton) reinforced similar areas of employer liability in terms of sexual harassment charges. See, for example, J. W. Janove, "The Faragher/Ellerth Decision Tree," HR Magazine (September 2003), pp. 149–155; W. L. Kosanovich, J. L. Rosenberg, and L. Swanson, "Preventing and Correcting Sexual Harassment: A Guide to the Ellerth/Faragher Affirmative Defense," Employee Relations Law Journal (Summer 2002), pp. 79–99; and M. Zall, "Workplace Harassment and Employer Liability," Fleet Equipment (January 2000), p. B-1. See also, "Ruling Allows Defense in Harassment Cases," HR Magazine (August 2004), p. 30. 83. M. K. Zachary, "Sexual Harassment Procedures & Third Party Retaliation," Supervision (March 2008), p. 23–26.
84. A. Joyce, " Lawsuits Shed New Light on Sexual Harassment of Teens," Washington Post (December 2, 2004), p. A01. 85. "Wal-Mart Settles Employment Discrimination Claim By Two Who Are Deaf," U.S. Equal Employment Opportunity Commission, www.eeo.gov, accessed May 29, 2009. 86. A. Joyce, " Lawsuits Shed New Light on Sexual Harassment of Teens," Washington Post (December 2, 2004), p. A01. 87. R. Parloff, S. M. Kaufman, "The War Over Unconscious Bias," Fortune (October 10, 2007), p. 90–102. 88. See, for example, G. F. Dreher, "Breaking the Glass Ceiling: The Effect of Sex Ratios and Work-Life Programs on Female Leadership at the Top," Human Relations (May 2003), pp. 541–563; and Cornell University School of Industrial and Labor Relations, Glass Ceiling Commission, "About the Glass Ceiling," Glass Ceiling Commission (2000), pp. 1–2. 89. "2007 Catalyst Census Finds Women Gained Ground as Board Committee Chairs" Catalyst Foundation found online at www.catalyst.org, (December 10, 2007). 90. "Four in ten businesses worldwide have no women in senior management," Grant Thornton International Ltd., found online at www.grantthorntonibos.com (2008). 91. "Federal Investigation into Coca-Cola Shifts to Pay-Bias Concerns," Wall Street Journal (June 16, 2000), p. B-8. 92. C. M. Solomon, "Cracks in the Glass Ceiling," Workforce (September 2000), pp. 86–94. 93. A. Gross-Shaefer, R. Florsheim, and J. Pannetier, "The Swinging Pendulum: Moving from Sexual Harassment to Respectful Workplace Relationships," Employee Relations Law Journal (Fall 2003), pp. 50–70. 94. G. P. Panaro, "Investigation of Harassment Can Give Rise to Negligence Claim," Fair Employment Practices Guidelines ( June 2003), pp. 1–3. 95. S. Greenhouse, "Abercrombie and Fitch Bias Case is Settled," The New York Times (November 17, 2004), p. 16. 96. Fay Hansen, "Recruiting on the right side of the law," Workforce Management Online, www.workforce.com (May 2006). 97. This case is based on the U.S. Equal Employment Opportunity Commission, Federal Express to Pay Over $3.2 Million to Female Truck Driver for Sex Discrimination, Retaliation (February 25, 2004). Available online at www.eeoc.gov; and S. P. Duffy, "$3.2M Verdict Against FedEx for Sex Harassment," Law.com (February 27, 2004); available online at www.law.com/ jsp/article.jsp?id 51076428422471. 98. 1-false; 2-true; 3-false; 4-true; 5-true; 6-true; 7-true; 8-true; 9-true; and 10-false.
Chapter 4 Employee Rights and Discipline 1. Wayne Cady v. IMC Mortgage Company et al., Supreme Court, Rhode Island, December 20, 2004. 2. "The Ins and Outs of Monitoring Employee Phone Calls" Employment Law Report (March 2005), p. 3. 3. F. S. Steingold, The Employer's Legal Handbook, (Nolo Publishing, 2007), p. 227. 4. G. R. Simpson, "U.S. Web Sites Violate Rules, GAO Maintains," Wall Street Journal (September 12, 2000), p. A-12. 5. This act applies to all private-sector organizations except those organizations the Secretary of Labor deems too small (e.g., family-owned businesses). M. Heller, "Court Ruling that Employers' Integrity Test Violated ADA Could Open Door to Litigation," Workforce Management (September 2005), pp. 74–77. 6. See, for example, J. Ghannam, "Truth Be Told," ABA Journal (September 2000), p. 17; and M. K. Zachary, "Labor Law for Supervisors: Union Campaigns Prove Sensitive for Supervisory Employees," Supervision (May 2000), pp. 23–26. 7. However, when they are job related (required of someone who has fiduciary responsibilities in an organization), they may be used.
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8. W. Ryberg, "Production area's last 100 workers say final goodbye to Maytag today," Des Moines Register (November 30, 2007), p. 1, 2D. 9. Worker Adjustment and Retraining Notification Act, Public Law 100-379. 10. C. J. DeGroff, "Desperate Measures: Invoking WARN's Unforeseeable Business Circumstances," Employee Relations Law Journal (Winter 2002), pp. 55–74; and "Plant Closing Falls Within Exception," Fair Employment Practices Guidelines (February 1, 2003), p. 3. 11. U.S. Department of Labor, "Employment Law Guide: Plant Closings and Mass Layoffs," 29 USC § 2101 et seq.20 CFR 639 (www.dol.gov/ dol/compliance/comp-warn.htm, 2003). 12. K. R. Collins, "Identifying and Treating Employee Substance Abuse Problems," www.shrm.org/hrresources/whitepapers_ published/ CMS_000187.asp (September 8, 2003). 13. K. Blumberg, "Critical Components of Workplace Drug Testing," SHRM White Paper (July 2004), available online at www. shrm.org/hrresources/whitepapers_published/CMS_009212.asp. 14. N. Koch, "No More Drug Free Urine Sold Here," Philadelphia Enquirer (August 7, 2002), p. A-1. 15. "Fewer Employers Are Currently Conducting Psych and Drug Tests," HR Focus (October 2000), p. 78. It is important to note that drug testing may be constrained by collective bargaining agreements or state laws. 16. D. R. Comer, "Employees' Attitude Toward Fitness-for-Duty Testing," Journal of Managerial Issues (Spring 2000), p. 61. 17. J. A. Segal, "Searching for Answers," HR Magazine (March 2002), available on-line at http://www.shrm.org/hrmagazine/articles/ 0302/0302legal.asp. 18. K. Kunsman, "Oral Fluid Testing Arrives," Occupational Health and Safety (April 2000), pp. 28–34. 19. See, for instance, "What Honesty Tests Reveal," Human Resource Department Management Report, (February 2002), p. 8. 20. B. Eisenberg and L. Johnson, "Being Honest About Being Dishonest," SHRM White Paper (March 2001). Available on-line at http://www.shrm.org/hrresources/whitepapers_published/ CMS_000397.asp. 21. See, for example, M. E. Paronto, D. M. Truxillo, T. N. Bauer, and M. C. Leo, "Drug Testing, Drug Treatment, and Marijuana Use: A Fairness Perspective," Journal of Applied Psychology (December 2002), pp. 1159–1167; and H. J. Bernardin and D. K. Cooke, "Validity of an Honesty Test in Predicting Theft Among Convenience Store Employees," Academy of Management Journal, vol. 38, no. 5 (Fall 1993), pp. 1097–1108. 22. See also M. J. Gundlach, S. C. Douglas, and M. J. Martinko, "The Decision to Blow the Whistle: A Social Information Processing Framework," Academy of Management Review ( January 2003), pp. 107–124. 23. D. A. Keary, "The Skinny on Sarbanes-Oxley," SHRM Home (May 16, 2003). Available on-line at http://www.shrm.org/hrnews_ published/ archives/CMS_004557.asp#P-4_0. 24. A. Joyce, "Every Move You Make," Washington Post (October 1, 2006), p. F1. 25. "Brain Food: Workplace Rights," Management Today (August 4, 2003), p. 17. 26. "GAO Investigates On-the-Job Computer Monitoring," Fair Employment Practices Guidelines (February 1, 2003), pp. 1–3. 27. "Electronic Monitoring," Society of Human Resource Management: Government Affairs (September 2000), pp. 1–3. 28. M. Saltzman, "Should You Monitor E-Mail?," Technology.inc. com (October 2006). 29. Z. A. Hummel, "Their BlackBerries—Your Problem," Workforce Management Online (March 2008). 30. M. France and D. K. Berman, "Big Brother Calling," Business Week (September 25, 2000), pp. 92–98. 31. M. A. Verespej, "Internet Surfing," Industry Week (February 7, 2000), pp. 59–64; and L. M. Bernardi, "The Internet at Work: An Employment Danger Zone," Canadian Manager (Summer 2000), pp. 17–18.
32. See M. Broad, "Clear Guidance Needed for Internet and E-Mail Abuse," Personnel Today (October 8, 2002), p. 2. 33. A. Joyce, "Every Move You Make," Washington Post (October 1, 2006), p. F1. 34. Ibid. 35. M. Hamblen, "Privacy Concerns Dog IT Efforts to Implement RFID," Computerworld, (October 15, 2007), p. 26. 36. A. Nancherla, "Surveillance Increases in Workplace," T⫹D (May 2008), p. 12; and 2007 Electronic Monitoring & Surveillance Survey, American Management Association, http://press.amanet.org/ pressreleases/177/2007-electronic-monitoring-surveillance-survey/ (February 28, 2008). 37. K. Tyler, "Sign in the Name of Love," HR Magazine (February 2008), pp. 40–43. 38. Ibid. 39. Payne v. Western and Atlantic Railroad Co., 812 Tenn. 507 (1884). See also C. Hirschman, "Off Duty, Out of Work," HR Magazine (February 2003), pp. 51–52. 40. Ibid; and D. Seligman, "The Right to Fire," Forbes (November 10, 2003), p. 126. 41. P. Falcone, "Fire My Assistant Now," HR Magazine (May 2002), pp. 27–35; T. M. Shaughnessy, "How State Exceptions to Employmentat-Will Affect Wages," Journal of Labor Research (Summer 2003), pp. 447–457; D. A. Ballam, "Employment-at-Will: The Impending Death of a Doctrine," American Business Law Journal (Summer 2000), pp. 653–687; and R. M. Howie and L. A. Shapero, "Lifestyle Discrimination Statutes: A Dangerous Erosion of At-will Employment, a Passing Fad, or Both?" Employee Relations Law Journal (Summer 2005), pp. 21–38. 42. Adapted from Carroll R. Daugherty, Enterprise Wire Co. 46 LA 359 (1966). 43. For a complete overview of this topic, see J. J. Moran, Employment Law, 2nd ed. (Upper Saddle River, NJ: Prentice Hall, 2002). See also M. Heller. "A Return to At-Will Employment" Workforce (May 2001), p. 42. 44. Toussaint v. Blue Cross and Blue Shield of Michigan, 408 Michigan, 529, 292 N.W. 2d 880 (1980). 45. Fortune v. National Cash Register, 364 373 Massachusetts 91, 36 N.E. 2d 1251 (1977). 46. S. Bahls and J. E. Bahls, "Fire Proof," Entrepreneur (July 2002), p. 70. 47. W. Cottringer, "The ABC's of Employee Discipline," Supervision (April 2003), pp. 5–8. 48. "In Disciplining or Firing, Know the Infractions," HR Briefing (June 1, 2003), p. 5. 49. R. McGarvey, "Lords of Discipline," Entrepreneur (January 2000), pp. 127–129. 50. "You Be the Judge," HR Briefing (March 1, 2002), p. 4; G. A. Bielous, "Five Worst Disciplinary Mistakes (and How To Avoid Them)," Supervision (February 2005), pp. 16–18. 51. See, for instance, G. A. Bielous, "Five Worst Disciplinary Mistakes (and How to Avoid Them)," Supervision (March 2003), pp. 16–19. 52. B. Schaefer, "Weingarten Rights Clarified for Now," SHRM Online (April 22, 2005), available at www.shrm.org. 53. It is true that two other disciplinary actions may be used—pay cuts or demotion—but they are rare. 54. D. Welch, D. Kiley, and M. Ihlwan, "My Way Or The Highway At Hyundai," Business Week (March 17, 2008), p. 48. 55. M. Chafkin, "Meet Rebecca. She's Here to Fire You," Inc. (November 2007) p. 25–26. 56. Associated Press, "Radio Shack Layoff Notices Are Sent By E-mail," New York Times Business (March 31, 2006). 57. C. Pintella, "Buh Bye, Say Hello to a Better Way to Fire Employees," Entrepreneur Magazine (September 2007), p. 28. 58. "Hire Slow . . . Fire Fast: The Complex Personnel Game," njbiz.com (November 19, 2007). 59. S. Reeves, "Firing a Worker," Forbes (April 27, 2006) available at www.forbes.com. 60. J. Bucking, "Employee Terminations," Supervision ( May 2008). p. 11–13.
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Endnotes 61. Case is based on C. Hirschman, "Off Duty, Out of Work," HR Magazine (February 2003). Available online at www. shrm.org/ hrmagazine/articles/0203/0203 hirschman.asp. 62. Adapted from S. P. Robbins and P. L. Hunsaker, Training in Interpersonal Skills, 3rd ed. (Upper Saddle River, NJ: Prentice Hall, 2003), chapter 5; Commerce Clearing House, "The Do's and Don'ts of Confronting a Troubled Employee," Topical Law Reports (Chicago, IL: Commerce Clearing House, October 1990), pp. 4359–4360; G. D. Cook, "Employee Counseling Session," Supervision (August,1989), p. 3; and A. E. Schuartz, "Counseling the Marginal Performer," Management Solutions (March 1988), p. 30.
Chapter 5 Human Resource Planning and Job Analysis 1. P. J. Kiger, "Flexibility to the Fullest," Workforce Management, (September 25, 2006), p. 1–23. 2. Ibid. 3. Ressler and Thompson, Why Work Sucks and How to Fix It, p. 63 (Penguin Group, 2008). 4. "Working 24/7," 60 Minutes, CBSNews.com (April 2, 2006). 5. P. J. Kiger, "Flexibility to the Fullest," Workforce Management, (September 25, 2006), p. 1–23). 6. Ibid. 7. See "The 2002 SOTA/P Report Draws the Map for Achieving Customer Satisfaction Through the Integration of HR Practices and Policy with Business Strategy," Human Resource Planning (March 2002), p. COV3; and B. Roberts, "Pick Employees' Brains," HR Magazine (February 2000), p. 175. 8. "What Do CEOs Want from the HR Department?" Human Resource Department Management Report (December 2002), p. 1. 9. P. M. Wright, D. L. Smart, and G. C. McMahan, "Matches Between Human Resources and Strategy Among NCAA Basketball Teams," Academy of Management Journal, Vol. 38, No. 4 (Winter 1995), pp. 1052–1074; and M. J. Plevel, S. Nells, F. Lane, and R. S. Schuler, "AT&T Global Business Communications Systems: Linking HR with Business Strategy," Organizational Dynamics (1994), pp. 59–71. 10. G. Kesler, "Four Steps to Building an HR Agenda for Growth: HR Strategy Revisited," Human Resource Planning (September 2000), p. 24. 11. As previous users have concurred, although strategic planning cannot be oversimplified in a two-page discussion, a quick overview is in order. With respect to the strategic nature of business, we recommend, for a comprehensive review of strategic planning, T. Whelan and J. D. Hunger, Strategic Management and Business Policy (Upper Saddle River, NJ: Prentice Hall, 2004). 12. G. Sutton, "Manager's Journal—Faddish Business: Cubicles Do Not a Utopia Make," Wall Street Journal (January 7, 2002), p. A-24. 13. "A Restatement of Purpose," Fast Company (October 2001), p. 2. 14. Established goals are a function of various factors. The economy, government influences, market maturity, technological advances, company image, location, and other such issues will factor into the analysis. 15. See, for example, L. Lavelle, "The Case of the Corporate Spy," Business Week (November 26, 2001), pp. 56–58; C. Britton, "Deconstructing Advertising: What Your Competitor's Advertising Can Tell You About Their Strategy," Competitive Intelligence (January/February 2002), pp. 15–19; and L. Smith, "Business Intelligence Progress in Jeopardy," Information Week (March 4, 2002), p. 74. 16. S. Greenbard, "New Heights in Business Intelligence," Business Finance (March 2002), pp. 41–46; K. A. Zimmermann, "The Democratization of Business Intelligence," KN World (May 2002), pp. 20–21; and C. Britton, "Deconstructing Advertising: What Your Competitor's Advertising Can Tell You About Their Strategy," Competitive Intelligence (January/February 2002), pp. 15–19. 17. L. Weathersby, "Take This Job and ***** It," Fortune (January 7, 2002), p. 122.
373 18. See C. Lachnit, "A People Strategy That Spans the Globe: Human Resources Is Key to the Success of a Company That Is 'Only World Famous in Denmark,'" Workforce (June 2003), p. 76. 19. See also D. Cadrain, "Put Success Insight: Show Employees the Link Between Their Jobs and Company Goals, and Then Reward Them for Helping Your Firm Hit the Mark," HR Magazine (May 2003), pp. 84–90. 20. J. Sullivan, "Getting Managers to Own Retention," HR Magazine (Winter 2000), pp. 25–29. 21. B. Patterson and S. Lindsey, "Mining the Gold," HR Magazine (September 2003), pp. 131–136; and "HRIS for the HR Professional: What You Need to Know," HR Focus (June 2005), pp. 10–11. 22. See, for example, J. Meade, "One-Stop HRIS Strong on Reports," HR Magazine (March 2000), pp. 137–139; and J. Meade, "Affordable HRIS Strong on Benefits," HR Magazine (April 2000), pp. 132–134. 23. "What Are the Top HRIS Issues in 2003?" HR Focus (May 2003), p. 3; and E. Sherman, "Use Technology to Stay in SOX Compliance," HR Magazine (May 2005), pp. 95–99. 24. J. Meade, "Web-Based HRIS Meets Multiple Needs," HR Magazine (August 2000), pp. 129–133. 25. "How Employers Save on HRIS Costs," HR Focus (December 2002), p. 10. 26. J. Meade, "New Functions Upgrade a Familiar Product," HR Magazine (January 2000), pp. 105–108. 27. Ibid. 28. P. L. Moore and D. Brady, "Running the House That Jack Built," Business Week (October 2, 2000), pp. 130–131. 29. "Exclusive Survey: HR Has Many Ideas . . . But Little Support for Succession Preparation," HR Focus (July 2003), p. S-1. See also Y. Zhang and N. Rajagopalan, Academy of Management Journal (June 2003), pp. 327–339; and L. Daniel, "Checking the Exits," HR Magazine (April 2005), pp. 101–103. 30. "Succession Planning: Competency-Based Programs Boost Morale 25%," PR Newswire (August 6, 2003). Available online at www.cuttingedgeinfo.com; and J. Jusko, "Nurturing Leaders: Manufacturers Lead in Developing Future Executives," Industry Week (June 2005), p. 18. 31. K. Ellis, "Making Waves: With a Leadership Crisis on the Horizon, Organizations Are Looking Within to Build Talent Pools of Their Own," Training (June 2003), pp. 16–22; and J. Jusko, "Unplanned Future: Private Company CEOs Give Little Thought to Succession Planning," Industry Week (March 2005), p. 20. 32. "How Intel Melds Talent Management with Succession," HR Focus (July 2003), p. S-2; and "Companies Taking Succession Planning More Seriously," HR Briefing (March 15, 2003), p. 8. 33. F. Hansen, "Kick-Starting the Planning Process," Workforce Management (April 18, 2008) p. 18. 34. "Layoffs: Consider Other Options Before Reducing Full-Time Staff," Fair Employment Practice Guidelines (April 15, 2003), pp. 1–3; and C. Huff, "With Flextime, Less Can Be More," Workforce Management (May 2005), pp. 65–70. 35. "Right Management Survey Reveals Over 50% of Employees Have Been Involuntarily Separated During Their Careers," Right Management found at www.right.com. 36. F. Hansen, "Gold Rush Is On as Recruiters Mine Distressed Financial Sector Workers," Workforce Management Online at www.workforce.com, (November 2008). 37. See R. Henderson, Compensation Management in a Knowledge-Based World, 9th ed. (Englewood Cliffs, NJ: Prentice Hall, 2003). 38. D. M. Truxillo, M. E. Paronto, M. Collins, and J. L. Sulzer, "Effects of Subject Matter Expert Viewpoint on Job Analysis Results," Public Personnel Management (Spring 2004), p. 33. 39. "The O*net Content Model," O*net Resource Center online at www.onetcenter.org. 40. See R. Henderson, Compensation Management in a Knowledge-Based World, 9th ed. (Englewood Cliffs, NJ: Prentice Hall, 2003). 41. See also C. Joinson, "Refocusing Job Description," HR Magazine (January 2001), pp. 65–70.
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42. Adapted from "TeamFuel Raises $5.5 Million to Challenge Fuel Procurement Supply Chain," www.teamfuel.com/corporate/ index.html (September 15, 2003), p. 1; "The Top 500 Women-Owned Businesses," Working Woman (June 1999), pp. 52–54; S. Cook, "Learning Needs Analysis: Part 6—Assessing the Job," Training Journal ( June 2005), pp. 64–67; and E. J. Felsberg, "Conducting Job Analyses and Drafting Lawful Job Descriptions Under the Americans with Disabilities Act," Employment Relations Act (Fall 2004), pp. 91–93. 43. J. Schermerhorn, Management, 10th ed. ( John Wiley & Sons, 2009), p. 348. 44. R. Vance "Employee Engagement and Motivation," White Paper, SHRM Foundation, 2006. 45. Planning Enhances the Potential of Telecommuting Success," HR Focus: Special Report on Telecommuting, (April 2008) pp. S1–S4. 46. S. Barr, "Rate Stabilizes at Homeland Security," Washington Post ( July 26, 2007), p. D4. 47. T. Frank, "Report: TSA screeners' low morale may hurt airport security," USA Today ( June 24, 2008), p. 3. 48. T. Frank, "Bonuses don't cut turnover for TSA," USA Today (November 26, 2006), p. 1.
Chapter 6 Recruiting 1. V. Powers, "Finding Workers Who Fit," Business 2.0 (November 2004), p. 74; and information on the company Web site, www. containerstore.com. 2. "100 Best Companies to Work For," Fortune (February 4, 2008), p. 75. 3. J. O'Donnell, "Holiday jobs: Stores' fervid fans ready for blue-collar Christmas," USA Today, (October 24, 2007), p.1b. 4. "Solving the Riddle of Recruiting and Retention," HR Focus (April 2008), p. 1. 5. See also "Recruitment at Southern Company Reflects Demographic Shift in U.S.," Fortune (June 11, 2001), p. S-15. 6. T. Chapelle, "Merrill Rolls Out New Recruiting Deals," On Wall Street (September 1, 2003), p. 1. 7. See, for instance, "Executive Hires and Compensation: Performance Rules," HR Focus (July 2003), p. 1. 8. J. Britt, "Alumni Networks Can Cut Recruiting Costs, Boost Employer's Image," HR Magazine (February 2002), pp. 25–26. 9. L. Adler "Answers from Lou Adler," Workforce Management, online at www.workforce.com accessed June 2, 2009. 10. J. Marquez, "When Brand Alone Isn't Enough," Workforce Management (March 13, 2006), pp. 39–41 11. Ibid. 12. M. N. Martinez, "The Headhunter Within," HR Magazine (August 2001), pp. 48–55; "Employee Referral Programs: Highly Qualified New Hires Who Stick Around," Canadian HR Reporter (June 4, 2001), p. 21; and C. Lachnit, "Employee Referral Saves Time, Saves Money, Delivers Quality," Workforce (June 2001), pp. 66–72. 13. "How to Get Hired by a 'Best' Company," Fortune, (February 4, 2008), p. 96. 14. J. Dash, "Filling Slots with Inside Referrals," Computerworld (July 10, 2000), p. 35. 15. B. McDonnell, "Companies Lure Job Seekers in New Ways," HR News (April 2002), p. 1. 16. G. Ruiz, "Job Fairs Find a New Home Under a Virtual Roof," Workforce Management, online at www.workforce.com accessed June 2, 2008. 17. "Even CEOs Use the Internet for Recruiting," HR Magazine (March 2003), p. 14; M. N. Martinez, "Get Job Seekers to Come to You," HR Magazine (August 2000), pp. 42–52; M. Frase-Blunt, "Make a Good First Impression," HR Magazine (April 2004), pp. 81–86; D. Robb, "Career Portals Boost Online Recruiting," HR Magazine (April 2004), pp. 111–115; and J. Marshall, "Don't Rely Exclusively on Internet Recruiting," HR Magazine (November 2003). 18. D. Brown, "Unwanted Online Jobseekers Swamp HR Staff," Canadian HR Reporter (April 5, 2004), pp. 1–2.
19. A. A. Mohamed, "The Legality of Key Word Search as a Personnel Selection Tool," Employee Relations, Vol. 5, No. 5 (2002), pp. 516–522. 20. M. Martinez, "Get Job Seekers to Come to You," HR Magazine (August, 2000), p. 50. 21. M. Zall, "Internet Recruiting," Strategic Finance (June 2000), p. 66; S. L. Thomas and K. Ray, "Recruiting and the Web: High-Tech Hiring," Business Horizons (May–June 2000), p. 43; and S. Bates, "Even CEOs Use the Internet for Recruiting," HR Magazine (March 2003), p. 14. 22. "Solving the Riddle of Recruiting & Retention," HR Focus, (April 2008) p. 1, 13–15. 23. See also A. E. Schultz, "Beware the Legal Risks of Hiring Temps: When Hiring Stalls and Stops, It 's Tempting to Hire Contingent Workers. To Avoid a Microsoft-sized Lawsuit, Understand the Critical Legal Issues Involving Temporary Workers," Workforce (October 2002), pp. 50–58. 24. "How Well Are You Treating Your Temporary Workers?" HR Briefing (January 15, 2003), pp. 6–8; and M. Frase-Blunt, "A Recruiting Spigot," HR Magazine (April 2003), pp. 71–79. 25. D. Fenn, "Respect Your Elders," Inc. (September 2003), pp. 29–30. 26. Reasons cited by the American Association of Retired Persons include the need to make money, to obtain health insurance coverage, to develop skills, to use time more productively, to feel useful, to make new friends, to provide some structure to daily lives, or to have a sense of achievement. 27. "8 Interview Questions for Older Workers to Anticipate," AARP Bulletin (September 2002). Available online at www.aarp.org/ bulletin/yourmoney/Articles/0905_sidebar_4.html. Also see Robert Half International Inc., (2005), www.rhii.com. 28. Caution is warranted regarding for whom an individual works. Although the employee usually is the leasing company's responsibility, under certain circumstances, such as long-term duration of the lease, the acquiring organization may be the employer of record. The leasing company may only handle HRM-associated paperwork. 29. The U.S. Equal Employment Opportunity Commission, Best Practices Presented by Companies in Recruitment and Hiring (February 28, 2002). 30. See, for instance, S. Cuthill, "Guest Column: Managing HR Across International Borders," Compensation and Benefits (Summer 2000), pp. 43–45; and "Global Recruiting," Practical Accountant (October 2000), p. 6. 31. "Ensure You Don't Make a Bad Expat Investment," Personnel Today (August 19, 2003), p. 15. 32. See, for example, J. A. Volkmar, "Context and Control in Foreign Subsidiaries: Making a Case for the Host Country National Manager," Journal of Leadership and Organizational Studies (Summer 2003), pp. 93–106. 33. "Career Development," HR Magazine (April 2008), p. 129. 34. R. R. Hastings, "Going the Distance: The Job Search Marathon," SHRM Online at www.shrm.org (February 1, 2006). 35. J. Meade, "Recruiting Software Can Streamline Hiring Process," HR Magazine (September 2001), pp. 139–140. 36. Case adapted from: K. Regan, "Recruiting for Paradise," Workforce Management, (September, 2004); and Honolulu Police Department, Career Center at www.honolulupd.org. Updated with an interview with HPD Recruiter, Officer Julie Kusuda on August 6, 2008. 37. Case is based on J. H. Coplan, "Se Habla Temp," Business Week Small Business (April 2, 2001), p. 42; and Priority Staffing Solutions (2005), available online at www.prioritystaff.com/index.html. 38. This skill vignette is based on information provided in CCC Business Owner's Toolkit, "Information To Include in Job Ads," SOHO Guidebook (2003), p. 1. Available online at www.toolkit. cch.com/text/P05_0673.asp.
Chapter 7 Foundations of Selection 1. Opening vignette based on "Mistakes and Problems: Things Not to Do in an Interview," Pagewise (2005), available online at www.pagewise.com/things-do-interview.htm; "What Are Some Applicants Thinking," HR Briefing (January 15, 2003), p. 5; H. Delozalek,
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9. 10. 11. 12. 13.
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16. 17. 18.
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"Behavioral Blunders," Training (January 2003), p. 1; and "Interview Blunders Can Close the Door," Westchester County Business Journal (December 16, 2002), p. 17 This story was influenced by an example in Arthur Sloan, Personnel: Managing Human Resources (Englewood Cliffs, NJ: Prentice Hall, 1983), p. 127. See I. Kotlyar and L. Karakowsky, "If Recruitment Means Building Trust, Where Does Technology Fit In?" Canadian HR Reporter (October 7, 2002), p. 21. Table complied from information from: T. H. Nail, D. Scharinger "Guidelines on Interview and Employment Questions" SHRM Information White Paper (Reviewed 2002); R. Sinha "Questions You Cannot Ask in Job Interviews," Bizcovering.com (April 15, 2008), and J. Walker-Jones, Senior Attorney Advisor, ADA Policy Division "ADA: Disability-Related Inquiries and Medical Examinations" EEOC.gov ( February 22, 2005). Y. Y. Chung, "The Validity of Biographical Inventories for the Selection of Salespeople," International Journal of Management (September 2001), p. 322. See, for instance, S. R. Kaak, H. S. Field, W. F. Giles, and D. R. Norris, "The Weighted Application Blank," Cornell Hotel and Restaurant Administration Quarterly (April 1998), pp. 18–24. The seven items were not specifically identified so that the competitive edge the hotel had in hiring practices would not be weakened. See, for example, J. H. Prager, "Nasty or Nice: 56-Question Quiz," Wall Street Journal (February 22, 2000), p. A-4. G. Nicholsen, "Screen and Glean: Good Screening and Background Checks Help Make the Right Match for Every Open Position," Workforce (October 2000), pp. 70, 72. S. Bates, "Personality Counts," HR Magazine (February 2002), pp. 27–34. J. Greenwald, "Web-Based Screening May Lead to Bias Suits," Business Insurance (March 10, 2008), p. 1–6. A. L. Rupe, "Facebook Faux Pas," Workforce Management online (March 2007), at www.workforce.com.accessed June 2, 2009. K. Saul, "HR as Traffic Cop," Credit Union Magazine (April 2007) p. 76. See F. Lievens, "Trying to Understand the Different Pieces of the Construct Validity Puzzle of Assessment Centers: An Examination of Assessor and Assessee Effects, Journal of Applied Psychology (August 2002), pp. 675–687; and D. J. Schleicher, B. T. Mayes, D. V. Day, and R. F. Riggio, "A New Frame of Reference Training: Enhancing the Construct of Validity of Assessment Centers," Journal of Applied Psychology (August 2002), pp. 735–747. "Mind Your P's and Q's," Successful Meetings (February 2000), p. 33. J. Blau, "At Nokia Temperament Is a Core Competency," Research Technology Management (July/August 2003), p. 6; and R. A. Posthuma, F. P. Morgeson, and M. A. Campion, "Beyond Employment Interview Validity: A Comprehensive Narrative Review of Recent Research and Trends Over Time," Personnel Psychology (Spring 2002), pp. 1–80. "Job Interviews Reveal Trouble Later On," HR Briefing (January 15, 2003), p. 8. "It's Not Your Grandfather's Hiring Interview," Supervision (May 2003), pp. 21–23. See, for instance, "Recruitment: Job Seekers Take Offense at Interview Blinders," Personnel Today (July 1, 2003), p. 3. See also M. Knudstrup, S. L. Segrest, and A. E. Hurley, "The Use of Mental Imagery in the Simulated Employment Interview Situation," Journal of Managerial Psychology (June 2003), pp. 573–591. For a more detailed discussion of impression management, see N. L. Vasilopoulos, R. R. Reilly, and J. A. Leaman, "The Influences of Job Familiarity and Impression Management on Self-Report Measure Scales and Response Latencies," Journal of Applied Psychology (February 2000), pp. 50–64; and D. R. Pawlowski and J. Hollwitz, "Work Values, Cognitive Strategies, and Applicant Reactions in a Structured PreEmployment Interview for Ethical Integrity," Journal of Business Communication (January 2000), pp. 58–76. J. Silvester, F. M. Anderson-Gough, N. R. Anderson, and A. R. Mohamed, "Locus of Control, Attributions and Impression Manage-
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ment in the Selection Interview," Journal of Occupational and Organizational Psychology (March 2002), pp. 59–77; and L. G. Otting, "Don't Rush to Judgement," HRT Magazine (January 2004), pp. 95–98. C. H. Middendorf and T. H. Macan, "Note-Taking in the Employment Interview: Effects on Recall and Judgment," Journal of Applied Psychology (April 2002), pp. 293–304. W. Poundstone, "Beware the Interview Inquisition," Harvard Business Review (May 2003), pp. 18–19; and T. Raz, "How Would You Design Bill Gates's Bathroom?" Inc. (May 2003), p. 29. "Focus on Ethics Includes Honest Interviews," HR Briefing (April 1, 2003), p. 7. See P. J. Taylor and B. Small, "Asking Applicants What They Would Do Versus What They Did Do: A Meta-Analysis Comparison of Situation and Past Behavior Employment Interview Questions," Journal of Occupational and Organizational Psychology (September 2002), pp. 277–294; J. Merritt, "Improve at the Interview," Business Week (February 3, 2003), p. 63; S. D. Mauer, "A Practitioner-Based Analysis of Interviewer Job Expertise and Scale Format as Contextual Factors in Situational Interviews," Personnel Psychology (Summer 2002), pp. 307–328; J. M. Barclay, "Improving Selection Interviews with Structure: Organizations' Use of Behavioural Interviews," Personnel Review, Vol. 30, Issue 1 (2001), pp. 81–95; K. Tyler, "Train for Smarter Hiring," HR Magazine (May 2005), pp. 89–93; A. C. Poe, "Graduate Work," HR Magazine (October 2003), pp. 95–100; and "Using Behavioral Interviewing to Help You Hire the Best of the Best," HR Focus (August 2004), p. 5. J. Merrit, "Improve at the Interview," Business Week (February 3, 2003), p. 63; and P. J. Taylor and B. Small, "Asking Applicants What They Would Do Versus What They Did Do: A Meta-Analysis Comparison of Situation and Past Behavior Employment Interview Questions," Journal of Occupational and Organizational Psychology (September 2002), pp. 277–294. A. Phillips and R. L. Dipboye, "Correlation Tests of Predictions from a Process Model of the Interview," Journal of Applied Psychology, Vol. 74 (1989), pp. 41–52; M. Ronald Buckley and R. W. Edner, "B. M. Springbett and the Notion of the 'Snap Decision' in the Interview," Journal of Management, Vol. 14, No. 1 (March 1988), pp. 59–67. See, for instance, R. Buda, "The Interactive Effect of Message Framing, Presentation Order, and Source Credibility on Recruitment Practices," International Journal of Management (June 2003), pp. 156–164. S. A. Larson, K. C. Lakin, American Association on Mental Retardation, R. H. Bruininks, D. L. Braddock, American Association on Mental Retardation, Staff Recruitment and Retention: Study Results and Intervention Strategies, AAMR, 1998. pp. 30–31. For an interesting discussion on this topic, see P. G. Irving and J. E. Meyer, "On Using Residual Differences Scores in the Measurement of Congruence: The Case of Met Expectations Research," Personnel Psychology (Spring 1999), pp. 85–95; and R. D. Bretz Jr., and T. A. Judge, "Realistic Job Previews: A Test of Adverse Self-Selection Hypothesis," Journal of Applied Psychology (April 1998), pp. 330–337. S. Bates, "Tight-Knit Reference Checks Rise," HR News (February 2002), pp. 1, 4; V. Tsang, "No More Excuses," CHRR Report on Recruitment and Staffing (May 23, 2005), available online at www.hrreporter.com; "Liar, Liar, Pants on Fire," HR Magazine (September 2005), p. 16; "Cost of Poor People Management Is High," HR Magazine (August 2004), p. 18; and J. George and K. Marett, "The Truth About Lies," HR Magazine (May 2004), pp. 87–91. C. Garvey, "Outsourcing Background Checks," HR Magazine (March 2001), pp. 95–103. M. Mayer, "Background Checks in Focus," HR Magazine (January 2002), pp. 59–62; J. H. Maxwell, "Of Resumes and Rap Sheets," Inc. (June 13, 2000), p. 94; C. Mason-Draffen, "Resume Lies Are on the Rise," Baltimore Sun (June 10, 2004) available online at www.baltimoresun.com/business; and P. Babcock, "Spotting Lies," HR Magazine (October 2003), pp. 46–52. M. N. Le and B. H. Kleiner, "Understanding and Preventing Negligent Hiring," Management Research News, Vol. 23, No. 7/8 (2000), pp. 53–56. J. Mullich, "Cracking the ex-files," Workforce Management (September, 2003).
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35. D. Lacy, S. Jackson, and A. St. Martin, "References, Cafeteria Changes, Smokers," HR Magazine (April 2003), p. 37. 36. See, for example, S. L. Rynes, R. D. Bretz, and B. Gerhart, "The Importance of Recruitment in Job Choice: A Different Way of Looking," Personnel Psychology, Vol. 44, No. 3 (Autumn 1991), pp. 487–521. 37. For an interesting review of self-managed team behavior when evaluating one another, see C. P. Neck, M. L. Connerly, C. A. Zuniga, and S. Goel, "Family Therapy Meets Self-Managing Teams: Explaining SelfManaging Team Performance Through Team Member Perception," Journal of Applied Behavioral Science (June 1999), pp. 245–259; G. A. Neuman, S. H. Wagner, and N. D. Christiansen, "The Relationship Between Work Team Personality Composition and the Job Performance of Teams," Group & Organization Management (March 1999), pp. 28–45; and V. U. Druskat and S. B. Wolff, "Effects and Timing of Developmental Peer Appraisals in Self-Managing Work Groups," Journal of Applied Psychology (February 1999), pp. 58–74. 38. M. Frase-Blunt, "Peering Into an Interview" HR Magazine (December 2001), pp. 71–77. 39. See C. Hymowitz, "In the Lead: How to Avoid Hiring the Prima Donnas Who Hate Teamwork," Wall Street Journal (February 15, 2000), p. B-1. 40. There are several methods of determining reliability. These include equivalent form, test-retest method, and internal consistency forms of reliability. Their discussion, however, goes well beyond the scope of this text. "Reliability vs. Validity: When a Company Overstresses the Former, the Opportunity to Exploit Design to Create Something New and Better Can Easily Be Missed," Business Week Online (September 2005), p. 1. 41. See, for example, R. E. Riggio, Introduction to Industrial/Organizational Psychology, 4th ed. (Upper Saddle River, NJ: Prentice Hall, 2003). 42. For an interesting perspective on the use of construct validity, see J. M. Hunthausen, D. M. Truxillo, T. N. Bauer, and L. B. Hammer, "A Field Study Frame of Reference Effects on Personality Test Validity," Journal of Applied Psychology (June 2003), pp. 545–552; C. C. Hoffman, L. M. Holden, and K. Gale, "So Many Jobs, So Little 'N': Applying Expanded Validation Models to Support Generalization of Cognitive Test Validity," Personnel Psychology (Winter 2000), p. 955; and L. Van Dyne and J. A. LePine, "Helping and Voice Extra-Role Behaviors: Evidence of Construct and Predictive Validity," Academy of Management Journal (February 1998), pp. 108–119. 43. A limitation of concurrent validity is the possibility of restricting the range of scores in testing current employees. This occurs because current employees may have been in the upper range of applicants. Those not hired were undesirable for some reason. Therefore, these scores theoretically should represent only the top portion of previous applicant scores. W. Arthur, E. A. Day, T. L. Mcnelly, and P. S. Edens, "A Meta-Analysis of the Criterion-Related Validity of Assessment Center Dimensions," Personnel Psychology (Spring 2003), pp. 125–154. 44. A specific correlation coefficient for validation purposes is nearly impossible to pinpoint. Many variables will enter into the picture, such as the sample size, the power of the test, and what is measured. However, for EEO purposes, correlation coefficients must indicate a situation where the results are predictive of performance greater than one where chance alone dictated the outcomes. 45. Cut scores are determined through sets of mathematical formulas— namely, a regression analysis and the equation of a line. We refer you to any good introductory statistics text for a reminder of how these formulas operate. 46. F. L. Schmidt and J. E. Hunter, "Developing a General Solution to the Problem of Validity Generalization," Journal of Applied Psychology, Vol. 62, No. 5 (October 1977), pp. 529–539. 47. See, for instance, C. O. and D. A. Harrison, "Meta-Analysis, Level of Analysis, and Best Estimates of Population Correlations: Cautions for Interpreting Meta-Analytic Results in Organizational Behavior," Journal of Applied Psychology (April 1999), pp. 260–270; C. C. Hoffman, "Generalizing Physical Ability Test Validity: A Case Study Using Test Transportability, Validity Generalization, and Construct-Related Validation Evidence," Personnel Psychology (Winter 1999), pp. 1019–1041;
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Chapter 8 Socializing, Orienting, and Developing Employees 1. L. G. Klaff, "New Emphasis on First Impressions," www.workforce.com accessed June 15, 2009. 2. L. Hipp, "Corporate training becomes a game to some," http://austinbizjournals.com accessed June 15, 2009. 3. L. G. Klaff, "New Emphasis on First Impressions," www.workforce.com accessed June 15, 2009. 4. "FedEx Gets to the Heart of Turnover," Work and Family (May 2002), p. 4. 5. For a thorough review of this topic, see C. M. Riordan, E. W. Weatherly, R. J. Vandenberg, and R. M. Self, "The Effects of Pre-Entry Experiences and Socialization Tactics on Newcomer Attitudes and Turnover," Journal of Managerial Issues (Summer 2001), pp. 159–173. 6. See, for example, S. L. Robinson and E. Wolfe, "The Development of Psychological Contract Breech Violation: A Longitudinal Study," Journal of Organizational Behavior (August 2000), pp. 525–546. 7. J. Van Maanen and E. H. Schein, "Career Development," in J. R. Hackman and J. L. Suttle (eds.), Improving Life at Work (Santa Monica, CA: Goodyear, 1977), pp. 58–62. See also J. P. Wanous, A. E. Reichers, and S. D. Malik, "Organizational Socialization and Group Development," Academy of Management Review, Vol. 9 (1992), pp. 670–683. 8. D. C. Feldman, "The Multiple Socialization of Organization Members," Academy of Management Review (April 1981), p. 310. 9. For a thorough discussion of these issues, see J. A. Chatman, "Matching People and Organizations: Selection and Socialization in Public Accounting Firms," Administrative Science Quarterly (September 1991), pp. 459–485. 10. For example, see G. Blau, "Early-Career Job Factors Influencing the Professional Commitment of Medical Technologies," Academy of Management Journal (December 1999), pp. 687–699; and C. R.
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(March 2002), pp. 314–318; and "Goal Seekers," Training Magazine (September 7, 2005), p. 12. "You Don't Always Get What You Pay For," Training and Development (June 2003), p. 6; and T. Galvin, "The 2002 Training Top 100," Training (March 2002), pp. 20–29. R. Langlois, "Fairmont Hotels: Business Strategy Starts with People," Canadian HR Reporter (November 5, 2001), p. 19; and "Line Manager Skills Top List of Learning Needs," Personnel Today (May 24, 2005), p. 46. See K. Ellis, "Top Training Strategies: New Twists on Familiar Ideas," Training (August 2003), pp. 30–36. See, for instance, "6 Ways to Transform Your 'See-Level' Employees Into Leaders," Human Resource Department Management Report (September 2003), p. 5. B. Pfau and I. Kay, "HR: Playing the Training Game and Losing," HR Magazine (August 2002), pp. 49–53. See D. Forman, "Eleven Common-Sense Learning Principles: Lessons from Experience, Sages, and Each Other," Training and Development (September 2003), pp. 39–47. K. Ellis, "Making Waves: With a Leadership Crisis on the Horizon, Organizations Are Looking Within to Build Talent Pools of Their Own," Training (June 2003), pp. 16–22; and "The Changing Face of Talent Management," HR Focus (May 2003), p. 1. E. York, M. Creamer, M. Bush, W. Hupp and J. Lemonnier, "News outlets fixate on Starbucks' no-joe play," Advertising Age (March 3, 2008) p. 1. G. Kranz, "Has Starbucks' Training Brewed Heightened Expectations?" Workforce Management Online, (March 2008). H. Dolezalek, "Pretending to Learn: Training Professionals Are Using Games and Simulations in Complex Ways to Help Employees Understand Business Concepts and Uncover Millions in Cost Savings," Training (July–August 2003), pp. 20–26. N. H. Woodward, "Make the Most of Team Building," HR Magazine (September, 2006), p. 72–76. Adventure Associates at www.adventureassoc.com. (August 19, 2008). ASTD 2006 State of the Industry Report, American Society for Training and Development (2006) pp 4-5. S. Hicks, "What Is Organization Development?" Training and Development (August 2000), p. 65. R. Morgan, "Employers Must Prepare Staff for Change in Uncertain Times," HR Briefing (May 15, 2003), pp. 2–4. The idea for these metaphors came from P. Vaill, Managing as a Performing Art: New Ideas for a World of Chaotic Change (San Francisco: Jossey-Bass, 1989). K. Lewin, Field Theory in Social Science (New York: Harper & Row, 1951). R. E. Levasseur, "People Skills: Change Management Tools—Lewin's Change Model," Interfaces (August 2001), pp. 71–74. See, for instance, C. R. Leana and B. Barry, "Stability and Change as Simultaneous Experiences in Organizational Life," Academy of Management Review (October 2000), pp. 753–759. A. Mudio, "GM Has a New Model for Change," Fast Company (December 2000), pp. 62–64. A. E. Christopher and G. F. Worley, "Reflections on the Future of Organization Development" Journal of Applied Behavioral Science (March 2003), pp. 97–115; H. Hornstein, "Organizational Development and Change Management: Don't Throw the Baby Out with the Bath Water," Journal of Applied Behavioral Science (June 2001), pp. 223–227; and S. "What Is Organization Development?" Training and Development (August 2000), p. 65. M. J. Austin, "Introducing Organizational Development (OD) Practices into a Country Human Service Agency," Administration in Social Work (Winter 2001), p. 63. See, for instance, H. B. Jones, "Magic, Meaning, and Leadership: Weber's Model and the Empirical Literature," Human Relations (June 2001), p. 753. G. Akin and I. Palmer, "Putting Metaphors to Work for a Change in Organizations," Organizational Dynamics (Winter 2000), pp. 67–79.
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54. J. Grieves, "Skills, Values or Impression Management? Organizational Change and the Social Processes of Leadership, Change Agent Practice, and Process Consultation," Journal of Management Development (May 2000), p. 407. 55. M. McMaster, "Team Building Tips," Sales and Marketing Management ( January 2002), p. 140; and "How To: Executive Team Building," Training and Development ( January 2002), p. 16. 56. B. Raabe and T. A. Beehr, "Formal Mentoring Versus Supervisor and Co-Worker Relationships: Differences in Perceptions and Impact," Journal of Organizational Behavior (May 2003), pp. 271–294. 57. Initial work on the learning organization is credited to P. M. Senge, The Fifth Discipline: The Art and Practice (New York: Doubleday, 1990); C Kontoghiorghes, S. M. Awbre, and P. L. Feurig, "Examining the Relationship Between Learning Organization Characteristics and Change Adaptation, Innovation, and Organizational Performance," Human Resource Development Quarterly (Summer 2005), pp. 185–212; and P. Tosey, "The Hunting of the Learning Organization: A Paradoxical Journey," Management Learning (September 2005), pp. 335–353. 58. "Or Do You?" Training and Development ( June 2003), p. 6. 59. G. Ruiz, "Cheesecake Factory Cooks Up a Rigorous Employee Training Program," Workforce Management, (April 24, 2006) p. 1, 22–29. 60. "How to Measure 'Softer' Results," HR Focus (April 2001), pp. 5–7; and A. Putra, "Evaluating Training Programs: An Exploratory Study of Transfer of Learning Onto the Job at Hotel A and Hotel B, Sydney, Australia," Journal of Hospitality and Tourism Management (April 2004), pp. 77–87. 61. See, for example, D. L. Gay and T. J. LaBonte, "Demystifying Performance: Getting Started: This Conclusion to Article 1 (May) Spells Out How to Build Confidence and Credibility," Training and Development ( July 2003), pp. 40–451; and R. E. Catalano and D. L. Kirkpatrick, "Evaluating Training Programs—The State of the Art," Training and Development Journal (May 1968), pp. 2–9. See also "Why a Stakeholder Approach to Evaluating Training," Advances in Developing Human Resources, Vol. 7, No. 1 (2005), pp. 121–134. For another perspective, see D. L. Bradford and W. W. Burke, "Introduction: Is OD in Crisis?" Journal of Applied Behavioral Science (December 2004), pp. 369–373. 62. M. A. Shaffer and D. A. Harrison, "Forgotten Partners of International Assignments: Developments and Test of a Model of Spouse Adjustment," Journal of Applied Psychology (April 2001), p. 238. 63. J. Selmer, "The Preference for Pre-Departure or Post-Arrival Cross-Cultural Training: An Exploratory Approach," Journal of Managerial Psychology (January 2001), p. 50; N. Zakaria, "The Effects of Cross-Cultural Training on the Acculturation Process of the Global Workforce," International Journal of Manpower ( June 2000), pp. 492–511; and F. Lievens, E. Van Keer, M. M. Harris, and C. Bisqueret, "Predicting Cross-Cultural Training Performance: The Validity of Personality, Cognitive Ability, and Dimensions Measured by an Assessment Center and a Behavior Description Interview," Journal of Applied Psychology ( June 2003), pp. 76–89. 64. See, for example, D. M. Eschbach, G. E. Parker, and P. A. Stoeberl, "American Repatriate Employees' Retrospective Assessments of the Effects of Cross-Cultural Training on the Adaptation to International Assignments," International Journal of Human Resource Management (March 2001), p. 270. See also S. Taylor and N. K. Napier, "An American Woman in Turkey: Adventures Unexpected and Knowledge Unplanned," Human Resource Management (Winter 2001), pp. 347–365; and R. C. May, S. M. Puffer, and D. J. McCarthy, "Transferring Management Knowledge to Russia: A Culturally Based Approach," Journal of Management Executive (May 2005), pp. 24–35. 65. See, for instance, A.Yan, G. Zhu, and D. T. Hall, "International Assignments for Career Building: A Model of Agency Relationships and Psychological Contracts," Academy of Management Review ( July 2002), pp. 373–392; and D. Beadles, "An American Expat View," Training and Development ( July 2001), p. 76. 66. K. Kingsbury, "The 2008 Time 100," Time Magazine (April 25, 2008). p. 14. 67. D. Heath and C. Heath, "The Heroic Checklist," Fast Company (March 2008) p. 66–68.
68. L. Lavelle, "For UPS Managers, a School of Hard Knocks," Business Week ( July 22, 2002), pp. 58–59; UPS, "Community Internship Program" (2005), available online at http://www.community. ups.com/diversity/workplace/intern.html. 69. UPS Pressroom, UPS Community Internship Program (CIP) Fact Sheet. www.ups.com (August 19, 2008).
Chapter 9 Managing Careers 1. Vignette compiled from J. Hempel, "In the Land of Women," Fortune, (February 4, 2008), pp. 68–70; "The Principal Financial Group Named 2007 'Best' Employer for Working Moms," Business Wire, (October 9, 2007); "The Principal Financial Group Earns Nod from Working Mother for the Seventh Year," Business Wire (September 23, 2008); A. Fisher, "Best Companies for Employees Over 50," http:money.cnn/ 2005/05/05/news/economy, accessed June 16, 2009. Principal Financial Group at www.principal.com. 2. D. C. Feldman and C. R. Leana, "What Ever Happened to Laid-Off Executives?: A Study of Re-employment Challenges After Downsizing," Organizational Dynamics (Summer 2000), pp. 64–75. 3. K. Heim, "With Layoffs Up and Stock Prices Down at High-Tech Firms, Unions Step Up Their Quest for Power in the New Economy," San Jose Mercury News (December 28, 2000), p. A-1. 4. See "Career Development Ranks Among the Most Demanded Content Areas Across Industries Worldwide," Training and Development (September 2003), p. 18. See also P. Kaihla, "How to Land Your Dream Job," Business 2.0 (November 2004), pp. 103–108. 5. D. T. Hall, Careers in Organizations (Santa Monica, CA: Goodyear Publishing, 1976); and J. Van Maanen and E. H. Schein, "Career Development," in J. R. Hackman and J. L. Suttle (eds.), Improving Life at Work: Behavioral Sciences Approaches to Organizational Change (Santa Monica, CA: Goodyear Publishing, 1977), pp. 341–355. 6. M. Tight, Key Concepts in Adult Education and Training, (Routledge, 2002), p. 85. 7. See, for instance, R. MacLean, "My Start-Up, Myself," Inc. (October 17, 2000), pp. 210–211. See also J. Goodman and S. Hansen, "Career Development and Guidance Programs Across Cultures: The Gap Between Policies and Practices," Career Development Quarterly (September 2005), pp. 57–65. 8. "Career Development: Employers Urged to Act to Retain Key Workers," Personnel Today ( January 28, 2003), p. 7. See also J. Sturges, N. Conway, D. Guest, and A. Liefooghe, "Managing the Career Deal: The Psychological Contract as a Framework for Understanding Career Management, Organizational Commitment, and Work Behavior," Journal of Organizational Behavior (November 2005), p. 821; and R. Van Esbroeck, E. L. Herr, and M. L. Savickas, "Introduction to the Special Issue: Global Perspectives on Vocational Guidance," Career Development Quarterly (September 2005), pp. 8–11. 9. G. Ruiz, "Keeping Young Talent Won't Be Easy," Workforce Management (October 22, 2007), p. 14. 10. J. Hempel, "In the Land of Women," Fortune, (February 4, 2008), p. 69. 11. Van Maanen and Schein, p. 343. 12. Ibid.; D. T. Hall, Careers in Organizations (Santa Monica, CA: Goodyear Publishing, 1976); and M. London and S. A. Stumpf, Managing Careers (Reading, MA: Addison Wesley, 1982). 13. J. Greenhaus, Career Management, (Dryden Press, 2000), p. 6. 14. B. Morris, "So You're a Player: Do You Need a Coach?" Fortune (February 21, 2000), pp. 144–154. 15. J. J. Sosik and V. M. Godshalk, "Leadership Styles, Mentoring Functions Received, and Job-Related Stress: A Conceptual Model and Preliminary Study," Journal of Organizational Behavior ( June 2000), p. 365; and K. Tyler, "Find Your Mentor," HR Magazine (March 2004), pp. 89–93. 16. B. R. Ragins, J. L. Cotton, and J. S. Miller, "Marginal Mentoring: The Effects of Type of Mentor, Quality of Relationship, and Program
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Design on Work and Career Attitudes," Academy of Management Journal (December 2000), pp. 1177–1194. See A. C. Poe, "Establish Positive Mentor Relationships," HR Magazine (February 2002), pp. 62–69; and H. Van Emmerik, S. G. Baugh, and M. C. Euwena, "Who Wants to Be a Mentor? An Examination of Attitudinal, Instrumental, and Social Motivation Components," Career Development International, Vol. 10, No. 4 (2005), pp. 310–326. C. Daniels, "Women vs. Wal-Mart," Fortune ( July 7, 2003). Article available online. See, for example, J. J. Columbo and W. B. Werther Jr., "Strategic Career Coaching for an Uncertain World," Business Horizons ( July–August 2003), pp. 33–39; and S. Overman, "Mentors Without Borders," HR Magazine (March 2004), pp. 83–86. T. D. Allen and L. T. Eby, "Relationship Effectiveness for Mentors: Factors Associated with Learning and Quality," Journal of Management ( July–August 2003), pp. 469–487. T. D. Allen and L. M. Finkelstein, "Beyond Mentoring: Alternative Sources and Functions of Development Support," Career Development Quarterly ( June 2003), pp. 346–356; and L. M. Finkelstein, T. D. Allen, and L. A. Rhoton, "An Examination of the Role of Age in Mentoring Relationships," Group and Organization Management ( June 2003), pp. 249–281. B. Raabe and R. A. Beehr, "Formal Mentoring Versus Supervisory and Coworker Relationships: Differences in Perceptions and Impact," Journal of Organizational Behavior (May 2003), pp. 271–294. C. M. Solomon, "Cracks in the Glass Ceiling," Workforce (September 2000), p. 86. J. A. Segal, "Mirror-Image Mentoring," HR Magazine (March 2000), pp. 157–165. For another view on this topic, see T. Allen, M. L. Poteet, and J. E. A. Russell, "Protege Selection by Mentors: What Makes the Difference?" Journal of Organizational Behavior (May 2000), pp. 271–282. J. A. Segal, p. 158. See M. C. Higgins, L. Trotter, S. L. Ablon, S. Pearson, and M. Mohan, "What Should C. J. Do?" Harvard Business Review (November–December 2000), pp. 43–52; J. Hutchins, "Getting to Know You," Workforce (November 2000), pp. 44–48; R. Sharpe, "As Leaders, Women Rule," Business Week (November 20, 2000), pp. 74–84; C. Benabou and R. Benabou, "Establishing a Formal Mentoring Program for Organizational Success," National Productivity Review (Autumn 2000), pp. 1–8; and D. Zeilinski, "Mentoring Up," Training (October 2000), pp. 136–140. For an interesting perspective on this matter, see S. J. Armstrong, C. W. Allinson, and J. Hayes, "Formal Mentoring Systems: An Examination of the Effects of Mentor/Protege Cognitive Styles on the Mentoring Process," Journal of Management Studies (December 2002), pp. 1111–1127. See, for example, D. E. Super, The Psychology of Careers (New York: Harper & Row, 1957); E. Schein, Career Dynamics: Matching Individual and Organizational Needs (Reading, MA: Addison Wesley, 1978); and D. J. Levinson, C. N. Darrow, E. B. Klein, M. H. Levinson, and B. McKee, A Man's Life (New York: Knopf, 1978). Also see C. P. Chen, "Integrating Perspectives in Career Development Theory and Practice," Career Development Quarterly (March 2003), pp. 203–217. See M. Messmer, "Moving Beyond a Career Plateau," National Public Accountant (September 2000), pp. 20–21; and J. Blenkinsopp and K. Zdunczyk, "Making Sense of Mistakes in Managerial Careers," Career Development International, Vol. 10, No. 5 (2005), pp. 356–359. S. Miller, "Benefits and Perks Keep Older Workers Working," SHRM Online (April 2008). R. J. Grossman, "Keep Pace with Older Workers," HR Magazine (May 2008) pp. 39–40. Bureau of Labor Statistics at www.bls.gov. C. Dannen, "What are the best jobs of 2008?" FastCompany (February 22, 2008). D. E. Super, "A Life-Span Life Space Approach to Career Development," Journal of Vocational Behavior, Vol. 16 (Spring 1980), pp. 282–298. J. Holland, Making Vocational Choices, 2nd ed. (Englewood Cliffs, NJ: Prentice Hall, 1986).
379 36. For an interesting discussion of Schein anchors, see E. H. Schein, "Career Anchors Revisited: Implications for Career Development in the 21st Century," Academy of Management Journal, Vol. 10, No. 1 ( January 1996), pp. 80–88; and D. C. Feldman and M. C. Bolino, "Career Patterns of the Self-Employed: Career Motivations and Career Outcomes," Journal of Small Business Management (July 2000), pp. 53–67. 37. See, for example, J. Michael, "Using the Myers-Briggs Type Indicator as a Tool for Leadership Development? Apply with Caution," Journal of Leadership and Organizational Studies," (Summer 2003), pp. 68–82; R. Badham, V. Morrigan, W. Rifkin, and M. Zanko, "The Use of Personality Typing in Organizational Change, Discourse, Emotions, and the Reflective Subject," Human Relations (February 2003), pp. 211–235; and D. P. Shuit, "At 60, Myers-Briggs Is Still Sorting Out and Identifying People's Types; Demand for the Venerable Personality Test Remains Strong, Even Though the World Has Changed," Workforce Management (December 2003), pp. 72–73. 38. Consulting Psychologists Press, Myers-Briggs Type Indicator® (MBTI®), wwwl.cpp.com/products/mbti/index.asp (2000); R. B. Kennedy and D. A. Kennedy, "Using the Myers-Briggs Type Indicator® in Career Counseling," Journal of Employment Counseling (March 2004), pp. 38–44; and J. Sample, "The Myers-Briggs Type Indicator and OD: Implications for Practice From Research," Organization Development Journal (Spring 2004), pp. 67–75. 39. P. Moran, "Personality Characteristics and Growth-Orientation of the Small Business Owner Manager," Journal of Managerial Psychology ( July 2000), p. 651; and M. Higgs, "Is There a Relationship Between the Myers-Briggs Type Indicator and Emotional Intelligence?" Journal of Managerial Psychology (September–October, 2001), pp. 488–513. 40. P. B. Robinson, D. V. Simpson, J. C. Huefner, and H. K. Hunt, "An Attitude Approach to the Prediction of Entrepreneurship," Entrepreneurship Theory and Practice (Summer 1991), pp. 13–31. 41. B. M. Davis, "Role of Venture Capital in the Economic Renaissance of an Area," in R. D. Hisrich (ed.), Entrepreneurship, Intrapreneurship, and Venture Capital (Lexington, MA: Lexington Books, 1986), pp. 107–118. 42. J. M. Crant, "The Proactive Personality Scale as a Predictor of Entrepreneurial Intentions," Journal of Small Business Management (July 1996), pp. 42–49; J. D. Kammeyer-Mueller and C. R. Wanberg, "Unwrapping the Organizational Entry Process: Disentangling Multiple Antecedents and Their Pathways to Adjustment," Journal of Applied Psychology (October 2003), pp. 779–794; J. A. Thompson, "Proactive Personality and Job Performance: A Social Capital Perspective," Journal of Applied Psychology (September 2005), pp. 1011–1017; and D. G. Allen, K. P. Weeks, and K. R. Moffitt, "Turnover Intentions and Voluntary Turnover: The Moderating Roles of Self-Monitoring, Locus of Control, Proactive Personality, and Risk Aversion," Journal of Applied Psychology (September 2005), pp. 980–990. 43. S. J. Henderson, "Follow Your Bliss: A Process for Career Happiness," Journal of Counseling and Development (Summer 2000), pp. 305–315; S. Bing, "How to Succeed in Business," Fortune (May 1, 2000), p. 81; J. S. Lublin, "Cover Letters Get You in the Door, So Be Sure Not to Dash Them Off," Wall Street Journal (April 6, 2004), p. B-1; and J. Kador and B. Caulfield, "A Resume That Shows Them the Super-You," Business 2.0 (April 2004), p. 134. 44. See also M. Ligos, "Turning Down a Transfer Can Freeze a Career," New York Times (September 28, 2003), p. B-8. 45. Case based on B. Dalbey, "Job Changes after 40 Don't Have to Be Frightening," Business Record (Des Moines), September 19, 2005, pp. 24–25. 46. I. R. Schwartz, "Self-Assessment and Career Planning: Matching Individuals and Organizational Goals," Personnel ( January-February 1979), p. 48.
Chapter 10 Establishing the Performance Management System 1. "It's All Happening at the Zoo," Halogen Software at http://www.halogensoftware.com/customers/case-studies/servicesmanufacturing/study_sandiegozoo.php, accessed March 30, 2009.
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2. T. Henneman, "Employee Performance Management: What's Gnu at the Zoo," Workforce Management Online (September 2006). 3. K. J. Hatten and S. R. Rosenthal, "Why and How To Systemize Performance Measurement," Journal of Organizational Excellence (Autumn 2001), pp. 59–74. 4. H. Levinson, "Management by Whose Objectives?" Harvard Business Review (January 2003), pp. 107–110; and M. D. Cannon and R. Witherspoon, "Actionable Feedback: Unlocking the Power of Learning and Performance," Academy of Management Executive (May 2005), pp. 120–134. 5. See also "Companies Appraise to Improve Development," Personnel Today (February 25, 2003), p. 51. 6. C. Joinson, "Making Sure Employees Measure Up," HR Magazine (March 2001), pp. 36–41. 7. T. Juncaj, "Do Appraisals Work?" Quality Progress (November 2002), pp. 45–50. 8. See, for example, M. Brown and J. Benson, "Rated to Exhaustion? Reaction to Performance Appraisal Process," Industrial Relations Journal (March 2003), pp. 67–81; and B. Erdogan, M. L. Kraimer, and R. C. Liden, "Procedural Justice as a Two-Dimensional Construct: An Examination in the Performance Appraisal Context," Journal of Applied Behavioral Science ( June 2001), pp. 205–223. 9. "Survey Says," Training and Development (October 2003), p. 16; and "Performance Management Systems Are Quickly Becoming More Popular," HR Focus (August 2003), p. 8. 10. H. M. Findley, K. W. Mossholder, and W. F. Giles, "Performance Appraisal Process and System Facets: Relationships with Contextual Performance," Journal of Applied Psychology (August 2000), pp. 634–640. 11. See, for example, S. Wilmer, "The Dark Side of 360-Degree Feedback," Training and Development (September 2002), pp. 37–44. 12. See, for instance, M. S. Taylor, S. S. Masterson, M. K. Renard, and K. B. Tracy, "Managers' Reactions to Procedurally Just Performance Management Systems," Academy of Management Journal (October 1998), pp. 568–678. 13. S. S. K. La, M. S. M. Yik, and J. Schaubroeck, "Responses to Formal Performance Appraisal Feedback: The Role of Negative Affectivity," Journal of Applied Psychology (February 2002), pp. 192–202. 14. A. DelPo, The Performance Appraisal Handbook, 2nd ed. (Berkeley, CA: Nolo Publishing, 2007). 15. D. C. Martin, K. M. Bartol, and P. E. Kehoe, "The Legal Ramifications of Performance Appraisal: The Growing Significance," Public Personnel Management (Fall 2000), pp. 379–406. 16. Readers might find the following article of interest: J. Park and J. K. S. Chong, "A Comparison of Absolute and Relative Performance Appraisal Systems," International Journal of Management (September 2000), pp. 423–429. 17. For an overview of appraisal methods, see A.Tziner, C. Joanis, and K. R. Murphy, "A Comparison of Three Methods of Performance Appraisal with Regard to Goal Properties, Goal Perception, and Ratee Satisfaction," Group and Organization Management (June 2000), pp. 175–191; and G. J. Yun, L. M. Donahue, D. M. Dudley, and L. A. McFarland, "Rater Personality, Rating Format, and Social Context: Implications for Performance Appraisal Ratings," International Journal of Selection and Assessment (June 2005), p. 97. 18. See R. I. Henderson, Compensation Management in a Knowledge-Based World, 9th ed. (Upper Saddle River, NJ: Prentice Hall, 2003), Ch. 13. 19. A. Tziner and R. Kopelman, "Effects of Rating Format on GoalSetting: A Field Experiment," Journal of Applied Psychology (May 1988), p. 323. 20. M. L. Tenopyr, "Artificial Reliability of Forced-Choice Scales," Journal of Applied Psychology (November 1988), pp. 750–751. 21. See, for example, A. Tziner, C. Joanis, and K. R. Murphy, "A Comparison of Three Methods of Performance Appraisal with Regard to Goal Properties, Goal Perception, and Ratee Satisfaction," Group and Organization Management ( June 2000), pp. 175–190; K. R. Murphy and V. A. Pardaffy, "Bias in Behaviorally
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Anchored Rating Scales: Global or Scale Specific," Journal of Applied Psychology (April 1989), pp. 343–346; and M. J. Piotrowski, J. L. Barnes-Farrell, and F. H. Esris, "Behaviorally Anchored Bias: A Replication and Extension of Murphy and Constans," Journal of Applied Psychology (October 1988), pp. 827–828. A. Tziner, C. Joanis, and K. R. Murphy, "A Comparison of Three Methods of Performance Appraisal with Regard to Goal Properties, Goal Perception, and Ratee Satisfaction," Group and Organization Management ( June 2000), pp. 175–190; and R. B. Kaiser, and R. E. Kaplan, "Overlooking Overkill? Beyond the 1-to-5 Rating Scale," Human Resource Planning, Vol. 28, No. 3 (2005), pp. 7–11. C. A. Olson and G. M. Davis, "Pros and Cons of Forced Ranking and Other Relative Performance-ranking Systems," Society of Human Resource Management, (originally published March 2003, reviewed December 2006) found at http//moss07.shrm. org/Publications/LegalReport/Pages/CMS_003991.aspx, accessed June 17, 2006. The concept of management by objectives is generally attributed to Peter F. Drucker, The Practice of Management (New York: Harper & Row, 1954). See also J. F. Castellano and H. A. Roehm, "The Problem with Managing by Objectives and Results," Quality Progress (March 2001), pp. 39–46; J. Loehr and T. Schwartz, "The Making of a Corporate Athlete," Harvard Business Review ( January 2001), pp. 120–128; and A. J. Vogl, "Drucker, of Course," Across the Board (November/December 2000), p. 1. M. Green, J. Garrity, and B. Lyons, "Pitney Bowes Calls for New Metrics," Strategic Finance (May 2002), pp. 30–35. See, for example, I. M. Jawahar and G. Salegna, "Adapting Performance Appraisal Systems for a Quality Driven Environment," Compensation and Benefits Review (January–February 2003), pp. 64–71. See, for example, E. A. Locke, "Toward a Theory of Task Motivation and Incentives," Organizational Behavior and Human Performance (May 1968), pp. 157–189; E. A. Locke, K. N. Shaw, L. M. Saari, and G. P. Latham, "Goal Setting and Task Performance: 1969–1980," Psychological Bulletin ( July 1981) pp. 12–52; E. A. Locke and G. P. Latham, A Theory of Goal Setting and Task Performance, (Upper Saddle River, NJ: Prentice Hall, 1990); P. Ward and M. Carnes, "Effects of Posting Self-Set Goals on Collegiate Football Players' Skill Execution During Practice and Games," Journal of Applied Behavioral Analysis (Spring 2002), pp. 1–12; D. W. Ray, "Productivity and Profitability," Executive Excellence (October 2001), p. 14; D. Archer, "Evaluating Your Managed System '" CMA Management (January 2000), pp. 12–14; and H. Levinson, "Management by Whose Objectives?" Harvard Business Review (January 2003), p. 107. L. Weatherly, "Management by Objectives," SHRM Research at www.shrm.org (May 2004). See, for instance, J. R. Crow, "Crashing with the Nose Up: Building a Cooperative Work Environment," Journal for Quality and Participation (Spring 2002), pp. 45–50; and E. C. Hollensbe and J. P. Guthrie, "Group Pay-for-Performance Plans: The Role of Spontaneous Goal Setting," Academy of Management Review (October 2000), pp. 864–972. See E. McMullen, J. Chrisman, and K. Vesper, "Some Problems in Using Subjective Measures of Effectiveness to Evaluate Entrepreneurial Assistance Programs," Entrepreneurship Theory and Practice (Fall 2001), pp. 37–55. See also K. Tyler, "Performance Art," HR Magazine (August 2005), pp. 58–63; and R. F. Martell and D. P. Evans, "SourceMonitoring Training: Toward Reducing Rater Expectancy Effects in Behavioral Measurements," Journal of Applied Psychology (September 2005), pp. 956–963. For an interesting discussion of leniency errors, see J. S. Kane, H. J. Bernardin, P. Villanova, and J. Peyrefitte, "Stability of Rater Leniency: Three Studies," Academy of Management Journal, Vol. 38, No. 4 (November 1995), pp. 1036–1051. "Performance Appraisal Consistency Is a Rare and Wonderful Thing," Pay for Performance Report (December 2002), p. 8. D. Kipnis, K. Price, S. Schmidt, and C. Stitt, "Why Do I Like Thee: Is It Your Performance or My Orders?" Journal of Applied Psychology (June 1981), pp. 324–328. See also P. A. Heslin, D. Vande Walle, and G. P.
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Latham, "The Effect of Implicit Person Theory on Performance Appraisals," Journal of Applied Psychology (September 2005), pp. 842–856. Ibid. "Online Objectivity," Training ( July 2004), p. 18. M. Rafter, "Now Showing on the Small Screen," Workforce Management Online, (March 2008) An assumption has been made here. That is, these raters have specific performance knowledge of the employee. Otherwise, more information may not be more accurate information. For example, if the raters are from various levels in the organization's hierarchy, these individuals may not have an accurate picture of the employee's performance; thus, quality of information may decrease. See also C. Fletcher and C. Baldry, "A Study of Individual Differences and Self-Awareness in the Context of Multi-Source Feedback," Journal of Occupational and Organizational Psychology (September 2000), pp. 303–319. See, for example, H. R. Rothstein, "Interrater Reliability of Job Performance Ratings: Growth to Asymptote Level with Increasing Opportunity to Observe," Journal of Applied Psychology (June 1990), pp. 322–327. See also M. D. Zalesny, "Rater Confidence and Social Influence in Performance Appraisals," Journal of Applied Psychology (June 1990), pp. 274–289. For an interesting perspective on aspects to avoid when using multiple raters, see A. H. Church, S. G. Rogelberg, and J. Waclawski, "Since When Is No News Good News? The Relationship Between Performance and Response Rates in Multirater Feedback," Personnel Psychology (Summer 2000), pp. 435–451; and E. J. Inderrieden, R. E. Allen, and T. J. Keaveny, "Managerial Discretion in the Use of Self-Ratings in an Appraisal System: The Antecedents and Consequence," Journal of Managerial Issues (Winter 2004), pp. 460–483. J. S. Miller, "Self-Monitoring and Performance Appraisal Satisfaction: An Exploratory Field Study," Human Resource Management (Winter 2001), pp. 321–333. "Feedback, Feedback Everywhere. . . But How Effective Is the 360Degree Approach?" Training Strategies for Tomorrow (November/ December 2002), pp. 19–23. See also B. I. J. M. Van Der Heiden and A. H. J. Nijhof, "The Value of Subjectivity: Problems and Prospects for 360Degree Appraisal System," International Journal of Human Resource Management (May 2004), pp. 493–511. J. F. Brett and L. E. Atwater, "360-Degree Feedback: Accuracy, Reactions, and Perceptions of Usefulness," Journal of Applied Psychology (October 2001), pp. 930–942; and P. Googe, "How to Link 360-Degree Feedback and Appraisal," People Management (January 27, 2005), pp. 46–47. M. Debrayen and S. Brutus, "Learning from Others' 360-Degree Experiences," Canadian HR Reporter (February 10, 2003), pp. 18–20. See also "Performance Appraisals," Business Europe (April 3, 2002), p. 3. M. A. Peiperl, "Getting 360 Feedback Right," Harvard Business Review (January 2001), pp. 142–147. T. J. Maurer, D. R. D. Mitchell, and F. G. Barbeite, "Predictors of Attitudes Toward a 360-Degree Feedback System and Involvement in Post-Feedback Management Development Activity," Journal of Occupational and Organizational Psychology (March 2002), pp. 87–107. A. Evans, "From Every Angle," Training (September 2001), p. 22. P. Kamen, "The Way That You Use It: Full Circle Can Build Better Organizations with the Right Approach," CMA Management (April 2003), pp. 10–13. J. F. Brett and L. E. Atwater, "360-Degree Feedback: Accuracy, Reactions, and Perceptions of Usefulness," Journal of Applied Psychology (October 2001), p. 930; M. Kennett, "First Class Coach," Management Today (December 2001), p. 84; and T. A. Beehr, L. Ivanitsjaya, C. P. Hansen, D. Erofeev, and D. M. Gudanowski, "Evaluation of 360Degree Feedback Ratings: Relationships with Each Other and with Performance and Selection Predictors," Journal of Organizational Behavior (November 2001), pp. 775–788. For an opposing view on the benefits of 360-degree feedback, see B. Pfau, I. Kay, K. M. Nowack, and J. Ghorpade, "Does 360-Degree Feedback Negatively Affect Company Performance," HR Magazine (June 2002), pp. 54–60.
49. S. P. Robbins, Organizational Behavior, 10th ed. (Upper Saddle River, NJ: Prentice Hall, 2004), p. 494. 50. J. Day, "Simple, Strong Team Ratings," HR Magazine (September 2000), pp. 159–161. 51. W. C. Borman, "The Rating of Individuals in Organizations: An Alternative Approach," Organizational Behavior and Human Performance (August 1974), pp. 105–124. 52. C. P. Neck, G. L. Stewart, C. C. Manz, "Thought Self-Leadership as a Framework for Enhancing the Performance of Performance Appraisers," Journal of Applied Behavior Science (September 1995). 53. See S. J. Reinke, "Does the Form Really Matter?" Review of Public Personnel Administration (March 2003), pp. 23–38. 54. See W. R. Boswell and J. W. Boudreau, "Employee Satisfaction with Performance Appraisals and Appraisers: The Role of Perceived Appraisal Use," Human Resource Development Quarterly (Fall 2000), pp. 283–299. 55. For an opposing view on the need to adjust performance evaluations based on location, see S. C. Borkowski, "International Managerial Performance Evaluations: A Five-Country Comparison," Journal of International Business Studies (Fall 1999), pp. 533–545; J. Shen, "Effective International Performance Appraisals: Easily Said, Hard to Do," Compensation and Benefits Review ( July–August 2005), pp. 70–79; R. Piekkari, E. Vaara, J. Tienari, and R. Santti, "Integration or Disintegration? Human Resource Implications of a Common Corporate Language Decision in a Cross-Border Merger," International Journal of Human Resource Management (March 2005), p. 330; and H. A. Shih, Y. H. Chiang, and I. S. Kim, "Expatriate Performance Management from MNEs of Different National Origins," International Journal of Manpower, Vol. 26, No. 2 (2005), pp. 157–178. 56. Case based on L. Rivenbark, "Forced Ranking," HR Magazine (November 2005), p. 131; G. Johnson, "Forced Ranking: The Good, the Bad, and the Alternative," Training (May 2004), pp. 24–30; and D. Sears, "The Rise and Fall of Rank and Yank," Information Strategy (Spring 2003), p. 6. The case was also influenced by D. Kiley and D. Jones, "Ford Alters Worker Evaluation Process," USA Today (July 11, 2001), p. 1-B; and "The Changing Employment Picture," WashingtonPost.com (July 25, 2002), available online at www.washingtonpost.com.
Chapter 11 Establishing Rewards and Pay Plans 1. R. L. Heneman, J. M. Werner, "Merit Pay: Linking Pay to Performance in a Changing World," (Charlotte, NC: Information Age Publishing, 2005.) 2. L. Wolgemuth, "Why Do You Keep Your Salary Secret?," U.S. News and World Report at www.usnews.com accessed June 17, 2009. 3. Supreme Court of the U.S.: Ledbetter v. Goodyear Tire & Rubber Co at http://www.supremecourtus.gov/opinions/06pdf/05-1074.pdf. 4. See, for example, C. Ginther, "Incentive Programs that Really Work," HR Magazine (August, 2000), pp. 117–120; A. Drach-Zahavy, "The Proficiency Trap: How to Balance Enriched Job Designs and the Team's Need for Support," Journal of Organizational Behavior (December 2004), pp. 980–997. See also D. R. May, R. L. Gilson, and L. M. Harter, "The Psychological Conditions of Meaningfulness, Safety, and Availability and the Engagement of Human Spirit at Work," Journal of Occupational and Organizational Psychology (March 2004), pp. 11–37. 5. "Dissatisfaction with Salary Review," Report on Salary Surveys (June 2002), p. 8. 6. F. Hansen, "Compliance Pitfalls Arise in Negotiations on Starting Salaries," Workforce Management at www.workforce.com accessed June 18, 2009. 7. See, for example, D. W. Organ, "What Pay Can and Can't Do," Business Horizons (September, 2003), p. 1. 8. M. Marcus, " Starbucks Tips Baristas $100 Million," Forbes Magazine at www.forbes.com (March 21, 2008). 9. M. Bustillo, " Wal-Mart to Settle 63 Suits Over Wages," Wall Street Journal, (December 24, 2008), p. B1.
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10. G. Kranz, "Training to Short-Circuit Wage Disputes," Workforce Management, at www.workforce.com accessed June 17, 2009. 11. B. McConnell, "SHRM Members Speak Out About FLSA Changes," HR Magazine (October 2003), pp. 135–137. 12. U.S. Wage and Hour Division, U.S. Department of Labor at www.dol.gov/esa. 13. D. M. Lawrence, "The Equal Pay Act: Overview and Update," Employee Rights Quarterly (Winter, 2003), pp. 26–40. 14. National Committee on Pay Equity, "Wage Gap Narrows Only Slightly," www.pay-equity.org (August 2, 2008). 15. C. Banks, "How to Recognize, Avoid Errors in the Job Evaluation Rating Process," Canadian HR Reporter (February 24, 2003),pp. 17–19; M. J. Ducharme, P. Singh, and M. Podolsky, "Exploring the Links Between Performance Appraisals and Pay Satisfaction," Compensation and Benefits Review (September–October 2005), pp. 46–52; and S. Watson, "Is Job Evaluation Making a Comeback—Or Did It Never Go Away?" Benefits and Compensation International (June 2005), pp. 8–13. 16. J. J. Martocchio, Strategic Compensation: A Human Resource Management Approach, 3rd ed. (Upper Saddle River, NJ: Prentice Hall, 2004), p. 202. 17. Ibid. 18. For a thorough discussion of various methods of determining the pay structure, see Martocchio, Part III, "Design a Compensation Systems." 19. Office of Personnel Management, November 8, 2003. Available online at www.opm.gov. 20. D. L. Gallant, "Compensation Strategies for a Dynamic Environment," presented September 8, 2008 at Vermont SHRM Conference. 21. N. Cossack, "HR Solutions" HR Magazine (January, 2008), p. 42. 22. Consumer Price Index at www.bls.gov. 23. T. Satterfield, "Speaking of Pay," HR Magazine (March, 2003), pp. 99–101. 24. J. A. Ross, "Five Ways to Boost Retention," Harvard Management Update, ( April 2008), pp. 3–4. 25. See D. Lewin, "Incentive Compensation in the Public Sector: Evidence and Potential," Journal of Labor Research (Fall 2003), pp. 597–621; and S. J. Wells, "No Results, No Raise," HR Magazine (May 2005), pp. 77–80. 26. "Companies More Cautious Over Pay Practices," Benefits and Compensation International (September 2002), p. 34. 27. For an interesting article on this topic, see L. R. Gomez-Mejia, T. M. Welbourne, and R. M. Wiseman, "The Role of Risk Sharing and Risk Taking Under Gainsharing," Academy of Management Review (July 2000), pp. 492–507. 28. See www.lincolnelectric.com/corporate/career/default.asp (Lincoln Electric, 2003). 29. R. J. Long, "Gainsharing and Power: Lessons from Six Scanlon Plans," Industrial & Labor Relations Review (April 2000), pp. 533–535. 30. Martocchio, p. 148. 31. M. A. Verespej, "Sharing in Success," Industry Week (September 4, 2000), p. 9; and "Why Gainsharing Works Even Better Today than in the Past," HR Focus (April 2000), pp. 3–5. 32. See, for example, J. Wells, "Stock Incentives Remain Preferred Compensation Option," HR News (September 2000), p. 17; and K. Kroll, "Benefits: Paying for Performance," Inc. (November 2004), p. 46. See also J. Bowley and D. A. Link, "Supporting Pay for Performance with the Right Technology," Compensation and Benefits Review (September–October 2005), pp. 36–41. 33. D. Cadrain, "Put Success in Sight," HR Magazine (May 2003), pp. 85–92; and J. Pfeiffer, "Sins of Commission," Business 2.0 (May 2004), p. 56. 34. T. J. Hackett and D. G. McDermott, "Seven Steps to Successful Performance-Based Rewards," HR Focus (September 2000), pp. 11–13; "PFP Plans Tied to Lower Health Costs," HR Focus (September 2005), p. 12; and D. Adler, "P4P in Maine: Local Pilot Teaches Global Lessons," Employee Benefits News (October 1, 2005), p. 1. 35. "Performance-Based Pay Plans," HR Magazine (June 2004), p. 22. 36. M. Henricks, "Pay for Performance," Entrepreneur Magazine (November 2008), pp. 77–78.
37. "Competency-Based Pay Programs: Too Hard to Live With or the Right Stuff?" Pay for Performance Report (May 2002), p. 6; and R. K. Zingheim and J. R. Schuster, "The Next Decade for Pay and Rewards," Compensation and Benefits Review (January–February 2005), pp. 26–32. 38. K. Ellis, "Developing for Dollars," Training (May 2003), pp. 34–39. 39. "Is Broadbanding an Administrative Nightmare Worse than That of Any Grading System?" Pay for Performance Report (August 2002), p. 8. 40. See, for example, N. Katz, "Getting the Most out of Your Team," Harvard Business Review (September 2001), p. 22. 41. J. McAdams, "The Essential Role of Rewarding Teams and Teamwork," Compensation & Benefits Management (Autumn 2000), pp. 15–27. 42. "Team Compensation: Compensation Is the Hot Button of Teaming: Learn How to Do It Right," On Wall Street (October 1, 2003), p. 1. 43. "Executive compensation versus workers: an overview of wages, pensions and health benefits of rank and file workers and sky high executive pay," House Financial Services Committee (October 24, 2006) online at http://financialservices.house.gov/ExecCompvs Workers.html#_ednref. 44. S. DeCarlo, "Special Report: CEO Compensation," Forbes at www.forbes.com (April 30, 2008). 45. See, for example, G. Colvin, "The Great CEO Pay Heist," Fortune (June 25, 2001), pp. 64–70; L. Lavelle, "The Artificial Sweetener in CEO Pay," Business Week (March 26, 2001), p. 53. 46. "Executive Hires and Compensations: Performance Rules," HR Focus (July 2003), p. 1. 47. M. A. Carpenter and W. G. Sanders, "Top Management Team Compensation: The Missing Link Between CEO Pay and Firm Performance," Strategic Management Journal (April 2002), pp. 367–376. 48. A. R. Hunt, "Letter from Washington: As U.S. rich-poor gap grows, so does public outcry," Bloomberg News (February 18, 2007). 49. H. B. Herring, "At the Top, Pay and Performance Are Often Far Apart," New York Times (August 17, 2003), p. B-9. 50. E. Tahmincioglu, "Can wild CEO pay be tamed? Probably not," MSNBC at www.msnbc.com (October 1, 2008). 51. A. Tobias, "Are They Worth It?" Parade Magazine (March 3, 2002), p. 9. 52. "Business Week 50 Executive Compensation," found online at www.businessweek.com/magazine accessed June 18, 2009. 53. See, for example, S. Bates, "Piecing Together Executive Compensation," HR Magazine (May 2002), pp. 60–68. 54. Ibid. Under IRS regulations, beginning in 1994, annual salaries paid to a company's five top officers in a publicly held firm are not tax deductible if the salaries are over $1 million. Most companies have simply ignored this new ruling, while others are deferring the excess income for these executives until retirement. 55. For further reading on international compensation, see K.B. Lowe, J. Millman, H. DeCeiri, and P. J. Dowling, "International Compensation Practices: A Ten-Country Comparative Analysis," Human Resource Management (Spring 2002), pp. 45–67; "How Do Your Peers Handle International Compensation and Benefits?" HR Focus ( July 2001), p. S-4; E. Ng, "Executive Pay in Asia—The Stock Option Game," Benefits & Compensation International (September 2000), pp. 3–6; S. Overman, "In Sync," HR Magazine (March 2000), pp. 25–27; C. Reynolds, "Global Compensation and Benefits in Transition," Compensation and Benefits Review ( January–February 2000), pp. 28–38; and J. E. Richard, "Global Executive Compensation: A Look at the Future," Compensation and Benefits Review (May–June 2000), pp. 35–38. 56. U.S. Bureau of Public Affairs, Department of State (2008), www.state.gov. 57. H. Adrion, "Rewarding the International Executive Using Stock Options: Part 2," Benefits & Compensation International (December 2000), pp. 13–128. 58. Based on A. Dalton, "Pay-for-Performance Plan Helps Shrink Bank's Turnover," Workforce Management (2005), available online at www.workforce.com/archive/article/24/02/86.php?ht=.
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Chapter 12 Employee Benefits 1. M. Naughton, "Michelle Morse, 22; sought to alter insurance law," www.bostonglobe.com accessed June 21, 2009. 2. A. Smith, "Michelle of 'Michelle's Law' Never Wanted To Be in Limelight," SHRM Online at www.shrm.org (November 6, 2008). 3. "Covering Young Adults Through Their Parent's or Guardian's Health Policy," National Conference of State Legislatures at www.ncsl.org accessed January 18, 2009. 4. A. Smith, "Michelle of 'Michelle's Law' Never Wanted To Be in Limelight," SHRM Online at www.shrm.org (November 6, 2008). 5. L. A. Weatherly, "Voluntary Employee Benefits Series Part I," SHRM White Paper at www.shrm.org (December 2005). 6. C. Ryan, "Employee Retention—What Can the Benefits Professional Do?" Employee Benefits Journal (December 2000), p. 18. 7. F. Herzberg, Work and the Nature of Man (New York: World, 1966). 8. Bureau of Labor Statistics, "Employer Costs for Employee Compensation," retrieved at http://www.bls.gov/news.release/ecec. toc.htm (revised December 10, 2008). 9. This assumes that the insurance policy is part of a group term plan. If it were a single policy, other than term insurance, or if the plan discriminated in favor of the more highly paid employees, the entire benefit would be taxable. See E. E. Vollmar, "Group Term Life Insurance," Employee Benefits Journal ( June 2000), pp. 36–41. 10. "More Employers Offer Benefits to Workers' Domestic Partners," HR Focus (September 2005), p. 12; S. Moon, "Making a Business Case for Domestic Partner Benefits," Employee Benefit News ( July 1, 2005), p. 1; and "How HR Is Addressing Domestic Partner Benefits," HR Focus (July 2004), p. S-1. 11. "Domestic Partner Benefits: Facts and Background," Employee Benefits Research Institute at www.ebri.org. 12. Social Security here refers to FICA taxes for old age, survivors, and disability insurance (OASDI). 13. Social Security Board of Trustees "Some Improvement in Long-Range Financing Outlook but Deficits Continue," Social Security Administration at www.ssa.gov (March 25, 2008). 14. Based on the passage of the Omnibus Budget Reconciliation Act of 1993, the 2.9 percent Medicare portion no longer has a salary cap. Also, for diehard Social Security fans, Social Security taxes are actually divided into three parts: OASDI; HI [hospital insurance (Medicare)]; and FUTA [Federal Unemployment Tax]. OASDI and HI are combined together to form the FICA taxes deducted from employees' pay and matched by the employer. See, for example, T. Herman, "A Special Summary and Forecast of Federal and State Tax Developments," Wall Street Journal (October 25, 2000), p. A-1. 15. Social Security Administration, "How You Earn Credits, SSA Publication No. 05-10072," www.ssa.gov (January 2009). 16. ssa.gov/policy/docs/quickfacts. 17. Donna Smith, "First U.S. baby boomer applies for Social Security," Reuters at www.reuters.com (October 15, 2007). 18. J. Rutherford, "America's first 'baby boomer' files for Social Security," NBC News Field Notes at http://fieldnotes.msnbc.msn. com/archive/2007/10/15/412037.aspx (October 15, 2007). 19. See U.S. Department of Labor, Employment and Training Administration, "Unemployment Insurance Tax Topic," (2009), p. 1. Available online at http://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp. 20. Wage bases for unemployment insurance vary. Some states follow the federal $7,000 base, while others vary, to a maximum of $30,200 in Hawaii. 21. See, for instance, U.S. Department of Labor, Office of Workforce Security, "Unemployment Insurance Extended Benefits" (January 2009) at http://workforcesecurity.doleta.gov/unemploy/extenben.asp. 22. See, for instance, J. Romeu, "Worldwide Business Trends Create New Leverage for Voluntary Benefits," Employee Benefits Journal (December 2000), p. 24; B. Liddick, "Voluntary Benefits Go by the Wayside Amid
23.
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an Uncertain Economy," Workforce Management (April 2005), pp. 68–69; and D. Woolf, "Voluntary Benefits Can Beef up Total Rewards," Canadian HR Reporter (February 14, 2005), available online at www.hrreporter.com. BlueCross BlueShield Association, "Medical Cost Reference Guide, adapted from The Henry J. Kaiser Family Foundation and Health Research and Educational Trust, September 2007," at www.bcbs.com accessed January 17, 2009. "What Benefit Is Most Important to Your Employees?" HR Focus (December 2000), p. 11; K Gurchiek, "Health Benefit Cost Rise Is Lowest Since 1999," HR Magazine (July 2005), p. 38; and J. Sahadi, "Healthcare Costs Spike Again," CNN Money (September 14, 2005), available online at money.cnn.com/2005/09/13/pf/insurance/kaiser_study/index. htm?cnn⫽yes. "Employer Health Insurance Costs and Worker Compensation," Kaiser Family Foundation at www.kff.org (March 2008). "Benefits were 30.3% of Total Compensation in September 2008, BLS finds," CCH Benefits at www.hr.cch.com (December 31, 2008). "What Are Your Priorities for 2001?" HR Focus (January 2001), p. 7. B. Gossage, "Tabling Benefits," Inc. (June 2003), pp. 46–48; P. Mizra, "Workers May Be Willing to Pay for More Benefits Than They Get," HR Magazine (April 2002), p. 26. Point-of-service or network plans are often a variation of preferred provider organizations. The main distinction typically lies in the degree of choice permitted. For example, under preferred provider coverage, a subscriber can see any physician who participates. In a point-ofservice (POS) or network, possibly physicians may be more limited. Constraints placed on choosing a physician are less than those imposed by an HMO. See also "Maximize Your Benefits: A Guide for All Employees," Employee Benefits Journal (December 2000), p. 53. BlueCross BlueShield Association, "Medical Cost Reference Guide, adapted from The Henry J. Kaiser Family Foundation and Health Research and Educational Trust, September 2007," at www.bcbs.com accessed January 17, 2009. "Framing the Picture: Access to Health Insurance Often Defines the Employment Relationship," HR Magazine (August 2008), pp. 62–70. It also should be noted that in some self-funding cases, organizations seek assistance from another company commonly referred to as a third-party administrator (TPA). The TPA's role is simply to process health-care forms. U.S. Department of Labor, "FAQs about COBRA Continuation Health Coverage," Employee Security Benefits Administration at http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html, accessed January 12, 2009. Ibid. It may also be interesting to note that in early 2003, an IRS ruling mandated that continuation of medical coverage is required in the case of a divorce. The organization must, then, make health insurance coverage available to the divorced spouse as of the date of the divorce. See "Spouse Gets COBRA at the Time of Divorce," HR Focus (March 2003), p. 2. See "12 Steps to Ensure Your HR Department Meets HIPAA's April 14 Date," Human Resource Department Management Report (February 2003), p. 7; M. Kolton, M. Costa, and D. B. Spanier, "The Effect of HIPAA Privacy Rules on Personal Medical Records," Journal of Compensation and Benefits (July–August 2002), pp. 5–16; J. Plavner, "A Regulatory Surprise," HR Magazine (May 2003), pp. 127–131; J. A. Brislin, "HIPAA Privacy Rules and Compliance with Federal and State Employment Laws: The Participant Authorization Form," Employee Benefits Journal (March 2003), p. 51–64; M. Verespej, "HR Should Set High Standards on Privacy," HR Magazine (August 2005), p. 32; K. Gurchiek and M. Verespej, "HIPAA Violation Liability Narrowed," HR Magazine (July 2005), p. 36; and B. D. Annulis, "Identity Theft Case Creates HIPAA Concerns for Hospitals," Health Care Strategic Management (January 2005), pp. 11–12. The Retirement Equity Act of 1984 and the Tax Reform Act of 1986 modified participation ages, minimum vesting age, and vesting rights,
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Endnotes requiring full vesting after five years, partial vesting after three years, and seven-year full vesting with plan years beginning after December 1, 1988. Companies with a retirement plan year prior to that date were not required to go to the new lower vesting rules until December 1, 1989. It is also important to note that any monies contributed by employees toward their retirement are immediately 100 percent vested. Portability of pension rights is a complex issue beyond the scope of this book. However, depending on the company, employees may receive a permanent right to their monies, receiving a pension from the organization at retirement age or receiving a check that allows them to reinvest those monies on their own. L. Bivins, "Pension Treasure," Wall Street Journal (June 5, 2000), p. A-4. P. G. Lester, "A Checklist for Disability Plan Design," Compensation and Benefits Review (September–October 2000), pp. 59–61. "The End of Pensions?" Fox Business interview at http://www. foxbusiness.com/video-search/m/20583297/the-end-of-pensions.htm (August 4, 2008). P. Cassidy "PBGC inherits Delta Pilot pensions as 6th largest claim," Market Watch, Wall Street Journal Digital Network ( January 5, 2007) www.marketwatch.com accessed June 21, 2009. "Retirement Plans, Benefits and Savings," U.S. Department of Labor at http://www.dol.gov/dol/topic/retirement/typesofplans.htm (accessed January 4, 2008 ) Ibid. Profit-sharing plans require profits before a contribution can be made. When the period shows no profits, no contributions need be made. The only partial exception is that contributions can be made in a year in which there are no profits if there are accumulated profits from prior years. However, should this occur, further restrictions apply. See also J. Marquez, "Firms Replacing Stock Options with Restricted Shares Face a Tough Sell to Employees," Workforce Management (September 2005), pp. 71–73. "SIMPLE IRA Plans for Small Businesses," US Department of Labor Employee Benefits Security Administration at https://www.dol.gov/ebsa/publications/simple.html accessed January 5, 2009. M. Bruno, "Building a Better 401k," Workforce Management Online at www.workforce.com (August 2008). E. Brandon, "Planning to Retire: FedEx eliminates 401k match for employees," U.S. News and World Report, ( January 17, 2009). Mayo Clinic "Summary of Benefits," at www.mayoclinic.org updated January, 2009. See, for instance, "Survey Updates National Norms for Bonuses, Paid Leave, and Vacation Days," Report on Salary Surveys (June 2003), p. 1. Based on information provided by Economic Policy Institute World Almanac, 2001. K. Gurchiek, "Vacationing Workers Find It Hard To Let Go," HR Magazine (August 2005), p. 30. "Survey Updates National Norms for Bonuses, Paid Leave, and Vacation Days," Report on Salary Surveys (June 2003), p. 1, Table 2. IOMA at www.IOMA.com. Based on articles found on HRM.Guide.com.uk, "3-Million Not Entitled to Easter Bank Holiday," (April 16, 2003); and "Call for More Public Holidays (May 3, 2002), www.hrmguide. co.uk/rewards/public_holidays.htm. "Absence Makes the Workplace Grow Poorer," Fair Employment Practices Guidelines (April 15, 2003), p. 8. Short-term disability programs may be provided through commercial carriers or through self-funding arrangements. The more popular of the two is purchased coverage. Before we proceed, an important piece of federal legislation warrants mentioning. Based on the 1978 Pregnancy Discrimination Act, employers that offer short-term disability insurance to their employees must include pregnancy as part of the policy's coverage. This means that in whatever capacity employers cover disabilities such as an extended illness, coverage for disability due to pregnancy must be the same (see Chapter 3).
58. The number of sick days offered to employees generally varies according to their position in the organization and their length of service. Many organizations require a waiting period, approximately six months, before sick leave kicks in. 59. See, for example, S. Armour, "Faced With Less Time Off, Workers Take More," USA Today (October 29, 2002), p. 1A. 60. P. Robinson, "Bank Launches Pooled Sick Leave Plan," Australian Business Intelligence (November 12, 2003), p. 1. 61. Business and Legal Reports "Should You Offer a Paid Time Off Bank?" at http://compensation.blr.com/display.cfm/id/154821 accessed January 17, 2009. and International Foundation of Employee Benefit Plans at www.ifebp.org. 62. S. Kelly, "Life Insurance Most Widespread Voluntary Benefit," Workforce Management (August 2, 2007). 63. J. J. Meyer, "The Future of Flexible Benefit Plans," Employee Benefits Journal (June 2000), pp. 3–7. 64. J. A. Fraser, "Stretching Your Benefits Dollar," Inc. (March 2000), pp. 123–126. 65. Abbott Laboratories "U.S. Benefits" at www.abbott.com, accessed January 18, 2009. 66. "Healthcare Flexible Spending Accounts Facts and Figures," Consumer Healthcare Products Association at www.chpa-info.org accessed January 18, 2009. 67. McCaffery, p. 197. 68. http://www.gene.com/gene/about/corporate/awards/index. html#fortune100best accessed January 25, 2009. 69. "100 Best Companies to Work For," Fortune (February 2, 2009) p. 71. 70. J. M. O'Brien, "Zappos Knows How to Kick It," Fortune, (February 2, 2009) pp. 55–58. 71. This example was directly influenced by a similar example given in J. S. Rosenbloom and G. V. Hallman, Employee Benefits Planning, 3rd ed. (Englewood Cliffs, NJ: Prentice Hall, 1991), p. 225. See also J. S. Rosenbloom, Handbook of Employee Benefits Design, Funding, and Administration, 4th ed. (New York: McGraw-Hill Professional Book Group, 1996). Actual benefits under SSDI vary according to family status, average annual income, and the consumer price index. Therefore, SSDI given in this example is only an estimate.
Chapter 13 Ensuring a Safe and Healthy Work Environment 1. U.S. Department of Labor Bureau of Labor Statistics "Occupational Injuries and Illnesses by Selected Characteristics," at http://www.bls.gov/iif/(November 20, 2008). 2. B. Case "Not just a stretch: Industrial Athlete Program helps workers better tackle physically demanding tasks," Boeing Frontiers (Jun, 2005), p. 1. 3. U.S. Department of Labor, Bureau of Labor Statistics, "Workplace Illnesses and Injury Summary," (October 23, 2008). Available online at http://www.bls.gov/news.release/osh.nr0.htm 4. U.S. Bureau of the Census, Statistical Abstracts of the United States, 2005 (Washington, DC: Government Printing Office, 2005), p. 416. 5. "What to Expect if OSHA Comes Knocking," Safety Compliance Letter (August 15, 2003), pp. 5–6. 6. "Imminent Danger," OSHA Fact Sheet (2002) accessed at http:// www.osha.gov/OshDoc/data_General_Facts/factsheet-imminent-danger.pdf. 7. In the Supreme Court case of Whirlpool Corporation v. Marshall [445 U.S. 1(1980)], employees may refuse to work if they perceive doing so can cause serious injury. This case has weakened termination for insubordination when the refusal stems from a safety or health issue. This refusal was further clarified in Gateway Coal v. United Mine Workers [94 S. Ct. 641(1981)], where a three-part test was developed. This was where (1) the refusal is reasonable; (2) the employee was unsuccessful in getting the problem fixed; and (3) normal organizational channels to address the problem haven't worked.
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Endnotes 8. "OSHA Targets 3,200 Workplaces for Surprise Inspections," Safety Compliance Letter (July 1, 2003), p. 4. 9. Marshall v. Barlow, Inc., 436 U.S., 307 (1978). 10. The number 3,600,000 is determined as follows: 1,800 employees, working 40-hour weeks, for 50 weeks a year [1,800 ⫻ 40 ⫻ 50] U.S. Department of Labor, Occupational Safety and Health Administration, OSHA Facts—December 2004 (2004), pp. 1–5. Available online at www.osha.gov. It's also important to note that in addition to federal inspections, state inspectors conducted nearly another 58,000 inspections in 2004, bringing the total of inspections by federal and state inspectors to nearly 100,000 per year. 11. U.S. Bureau of the Census, Statistical Abstracts of the United States, 2005 (Washington, DC: Government Printing Office, 2005), p. 417. 12. For willful violation the minimum penalty is $5,000; other fines levied for violations other than those willful and repetitive carry a $7,000 maximum. R. Ilaw, "When OSHA Comes Knocking: Give 'Em the Facts, Just the Facts," Industrial Safety and Hygiene News (September 2005), pp. 50–51. 13. U.S. Department of Labor, Occupational Safety and Health Administration, "OSHA Enforcement, Ensuring Safe and Healthy Workplaces," (December 19, 2008). Available online at http://www. osha.gov/as/ opa/2008EnforcememtData120808.html 14. United States Department of Labor, Occupational Safety & Health Administration "Small Business Handbook" found online at www.osha.gov/publications/smallbusiness/small-business.html 15. Society of Human Resource Management "What are the essential elements of an effective safety and health program?" found online at www.shrm.org. 16. J. Casale, "OSHA Safety Equipment Standard Done," Workforce Management (November 20, 2007), at www.workforce.com, accessed June 21 2009. 17. United States Department of Labor, Occupational Safety and Health Administration "Most Frequently Cited Standards, 2008," (November 23, 2008) at http://www.osha.gov/dcsp/compliance_assistance/frequent_standard s.html. 18. K. Gaspers, "OSHA's Top 10 Violations," Safety⫹Health (December 2007), pp. 26–42. 19. National Institute for Occupational Safety and Health (NIOSH) "Preventing Deaths and Injuries of Adolescent Workers," found online at http://www.cdc.gov/niosh/childlab.html accessed March 26, 2009. 20. D. Costello, "Stressed Out: Can Workplace Stress Get Worse?—Incidents of 'Desk Rage' Disrupt America's Offices—Long Hours, Cramped Quarters Produce Some Short Fuses; Flinging Phones at the Wall," Wall Street Journal (January 16, 2001), p. B-1. 21. U.S. Department of Labor, Occupational Safety and Health Administration at www.osha.gov (2009). 22. S. V. Magyar Jr., "Preventing Workplace Violence," Occupational Health and Safety (June 2003), p. 64; D. Cadrain, ". . . And Stay Out," HR Magazine (August 2002), p. 83; and K. Gurchiek, "Workplace Violence on the Upswing," HR Magazine (July 2005), pp. 27–28. 23. "Study: Lights, No Solo Workers Help Reduce Homicides," Occupational Hazards (April 2002), p. 17; U.S. Department of Labor, Occupational Safety and Health Administration, Workplace Violence (Washington, DC: Government Printing Office, 2002), p. 1; L. Miller, K. Caldwell, and L. C. Lawson, "When Work Equals Life: The Next State of Workplace Violence," HR Magazine (December 2000), pp. 178–180; and K. Gurchiek, "Workplace Violence on the Upswing," p. 27. 24. U.S. Department of Labor, Occupational Safety and Health Administration "OSHA Fact Sheet: Workplace Violence," (2002) online at http://www.osha.gov/OshDoc/data_General_Facts/ factsheet-workplace-violence.pdf. 25. T. Anderson, "Training for Tense Times," Security Management (March 2002), pp. 68–75. 26. See P. M. Buhler, "Workplace Civility: Has It Fallen by the Wayside?" Supervision (April 2003), pp. 20–22. 27. "How Can HR Help Address the Threat of Workplace Violence," HR Focus (October 2003), p. 8; L. Stack, "Employees Behaving Badly," HR
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Magazine (October 2003), pp. 111–115; "The Most Effective Tool Against Workplace Violence," HR Focus (February 2003), p. 11; and "How to Predict and Prevent Workplace Violence," HR Focus (April 2005), pp. 10–11. P. Falcone, "Dealing with Employees in Crisis: Use this Blueprint for Proactive Management Intervention," HR Magazine (May 2003), pp. 117–122; and "How Can HR Help Address the Threat of Workplace Violence?" HR Focus (October 2003), p. 8. For another insight into this matter, see E. Roche, "Do Something—He's About to Snap," Harvard Business Review (July 2003), pp. 23–30. See S. G. Minter, "Prevention to Solution to Workplace Violence," Occupational Hazards (August 2003), p. 22; L. R. Chavez, "10 Things Healthy Organizations Do to Prevent Workplace Violence," Occupational Hazards (August 2003), p. 22; and "Is Your Lobby Ripe for Violence?" HR Focus (September 2003), p. 5. R. J. Grossman, "Bulletproof Practices," HR Magazine (November 2002), pp. 34–42. J. I. Pasek, "Crisis Management for HR," HR Magazine (August 2002), p. 111. P. Temple, "Real Danger and 'Postal' Myth," Workforce (October 2000), p. 8. National Institute for Occupational Safety and Health, "Indoor Environmental Quality," online at http://www.cdc.gov/niosh/ topics/indoorenv/. A. Underwood, "A Hidden Health Hazard," Newsweek (December 4, 2000), p. 74; and M. Conlin and J. Carey, "Is Your Office Killing You?" Business Week (June 5, 2000), pp. 114–128. See Conlin and Carey, "Is Your Office Killing You?" Business Week (June 5, 2000), pp. 114–128.; and R. Schneider, "Sick Buildings Threaten Health of Those Who Inhabit Them," Indianapolis Star (September 23, 2000). J. Perkins, "Finding spirituality amid slaughter," The Des Moines Register ( June 5, 2006). J. Russell, "Chaplains Join 'Faith Friendly' Workplace," Morning Edition, National Public Radio, ( January 10, 2007). Originally broadcast by Iowa Public Radio, accessed at http://www.npr.org/ templates/story/story.php?storyId=6777784. U.S. Department of Labor, "Ergonomics: The Study of Work," OSHA 3125 (Washington, DC: Government Printing Office, 2000), p. 4. K. J. DiLuigi, "Help for the Overworked Wrist," Occupational Hazards (October 2000), pp. 99–101. "OSHA Issues Final Ergonomics Standards," Healthcare Financial Management (January, 2001), p. 9; G. Flynn, "Now Is the Time to Prepare for OSHA's Sweeping New Ergonomic Standard," Workforce (May 2001), pp. 76–77; C. Haddad, "OSHA New Regs Will Ease the Pain— For Everybody," Business Week (December 4, 2000), pp. 90–91; and Y. J. Dreazen, "Ergonomic Rules Are the First in a Wave of Late Regulations," Wall Street Journal (November 14, 2000), p. A-41. For another view on these standards, see P. Kuntz, "What a Pain: Proposed OSHA Rules for Workplace Injuries Make Companies Ache—Agency Stretches Data to Fit Burgeoning Mission; Cost of Compliance Debated—Looking for 10 Pallbearers," Wall Street Journal (September 18, 2000), p. A-1. See, for example, S. Bates, "Industry Ergonomic Guidelines 'Not Standards in Disguise,' OSHA Official Says," HR Magazine (September 2003), p. 34. See Occupational Safety and Health Administration, OSHA's Ergonomics Enforcement Plan (Government Printing Office, March 6, 2003). U.S. Department of Labor, "Ergonomics: The Study of Work," OSHA 3125 (Washington, DC: Government Printing Office, 2000), p. 1; and R. Kaletsky, "Beyond Musculoskeletal Disorders: Subtle Aspects of Ergonomics," Safety Compliance Letter (November 2005), pp. 4–5. F. M. Spina, "Ergonomically Correct," Risk Management (December 2000), pp. 39–41; and L. Eig and J. Landis, "MSDs and the Workplace: EA Professionals Can Work with Ergonomists to Identify Jobs and Workstations That Place Employees at Risk for Musculoskeletal Disorders," Journal of Employee Assistance (September 2004), pp. 12–14.
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45. "HR Execs Polled About Stress," Work and Family Newsbrief (May 2002), pp. 2–4. 46. W. Atkinson, "When Stress Won't Go Away," HR Magazine (December 2000), p. 104. 47. "Japan Asks If It Works Too Hard," Christian Science Monitor (Tokyo) (April 6, 2000), p. 4. See also "When Heartache May Bring on a Heart Attack," Business Week (May 6, 2002), p. 97. 48. For some interesting reading on organizational stress, see E. Wethington, "Theories of Organizational Stress," Administrative Science Quarterly (September 2000), p. 640; and T. Beehr, "Consistency of Implications of Three Role Stressors Across Four Countries," Journal of Organizational Behavior (August 2005), pp. 467–487. 49. K. Tyler, "Cut the Stress," HR Magazine (May 2003), pp. 101–106. 50. See, for example, "Stressed Out: Extreme Job Stress: Survivors' Tales," Wall Street Journal (January 17, 2001), p. B-1; M. C. Bolino and W. H. Turnley, "The Personal Costs of Citizenship Behavior: The Relationship Between Individual Initiative and Role Overload, Job Stress, and Work-Family Conflict," Journal of Applied Psychology (July 2005), pp. 740–748; and "Stressed Out," Training (December 2004), p. 16. 51. Source: "Internet Usage Statistics," www.n2h2.com/about/press/ usage_stats.php (2004); V. K. G. Lim, "The IT Way of Loafing on the Job: Cyberloafing, Neutralizing, and Organizational Justice," Journal of Organizational Behavior (August 2002), pp. 675–694; "Control Your Internet Destiny," www.2watch.com (2005); and M. Conlin, "Workers Surf at Your Own Risk," Business Week (June 12, 2000), p. 106. 52. N. Merrick, "Boxing Clever: Reducing Stress," Employee Benefits (March 2000), p. 34; "Stress Steals Two Weeks a Year," Work & Family Newsbrief (April 2005), p. 5. 53. "Employee Assistance Programs," HR Magazine (May 2003), p. 143. 54. Source: B. Perlman and E. Alan Hartman, "Burnout: Summary and Future Research," Human Relations, Vol. 25, No. 4 (1982), p. 294. 55. N. Schutte, S. Toppinen, R. Kalimo, and W. Schaufeli, "The Factorial Validity of the Maslach Burnout Inventory—General Survey (MBI–GS) Across Occupational Groups and Nations," Journal of Occupational and Organizational Psychology (March 2000), pp. 3–66. 56. See, for instance, S. Vanheule, A. Lievrouw, and P. Verhaeghe, "Burnout and Intersubjectivity: A Psychoanalytical Study from a Lacanian Perspective," Human Relations (March 2003), pp. 321–339; and D. Wise, "Employee Burnout Taking Major Toll on Productivity," Los Angeles Times (July 9, 2001), p. 29. 57. See, for instance, S. Bates, "Expert: Don't Overlook Employee Burnout," HR Magazine (August 2003), p. 14. 58. "EAPs: They're Well Intentioned, But Also Risky," HR Briefing (May 1, 2002), pp. 2–3; and F. Hansen, "Employee Assistance Programs (EAPs) Grow and Expand Their Reach," Compensation and Benefits Review (March/April 2000), p. 13. 59. Employee rights legislation mandates that any activity in an EAP remains confidential. This means records of who is visiting the EAP, the problems, and intervention, must be maintained separately from other personnel records. Also, HIPAA regulations (see Chapter 12) may also mandate confidentiality of EAP activities. 60. "EAPs with the Most," Managing Benefits Plans (March 2003), p. 8; K. Tyler, "Helping Employees Cope with Grief," HR Magazine (September 2003), pp. 55–58; and "EEOC Considers EAPs a 'Best' Practice," HR Briefing (April 1, 2003), p. 5. 61. F. Phillips, "Employee Assistance Programs: A New Way to Control Health Care Costs," Employee Benefit Plan Review (August 2003), pp. 22–24. 62. W. Atkinson, "Wellness, Employee Assistance Programs: Investments, Not Costs," Bobbin (May 2000), pp. 42–48. 63. K. Lee, "EAP Diversity Detracts from Original Focus, Some Say," Employee Benefits News (July 1, 2003), p. 1. 64. K. M. Quinley, "EAPs: A Benefit That Can Trim Your Disability and Absenteeism Costs," Compensation and Benefits Report (February 2003), pp. 6–7. 65. "EAPs Flounder Without Manager Support," Canadian HR Reporter (June 2, 2003), p. 7.
66. J. Useem, "The New Company Town," Fortune (January 10, 2000), pp. 62–70; N. Moeller-Roy, "Helping Employees Make Informed Decisions: By Having Employee Health as an Asset to Be Managed, Employers Can Use Health Promotion and Wellness Programs to Instill Healthy Behaviors Among Workers and Encourage Them to Make Smarter Health Choices," Journal of Employee Assistance (October 2005), pp. 24–25; and "More Companies Commit to Wellness Plans, Despite Little Hard Data on Results," HR Focus (April 2005), pp. S1–S3. 67. See, for instance, M. Derer, "Corporate Benefits Take Aim Against Obesity," USA Today (September 1, 2003), p. A1; P. Petesch, "Workplace Fitness or Workplace Fits?" HR Magazine (July 2001), pp. 137–140; and J. L. Barlament, "Disease Management: Legal Implications," Benefits and Compensation Digest (November 2005), pp. 32–36. 68. C. Petersen, "Value of Complementary Care Rises, But Poses Challenges," Managed HealthCare (November 2000), pp. 47–48; T. Anderson, "Employers Boost Financial Incentives for Disease Management," Employee Benefit News (October 1, 2005), p. 1; and "43% of Companies Have Adopted 'Formal' Disease-Management/Wellness Programs," Managing Benefits Plans (August 2005), p. 9. 69. S. Coffey, "Wellness at Work," America's Best Companies, at www.americasbestcompanies.com (July 22, 2008). 70. K. Sweeney, "Wellness Programs Must Be Properly Constructed and Marketed for Maximum Return on Investment," Employee Benefit News (March 1, 2005), p. 1. 71. A. E. Chernov, "Weight Discrimination: The Effects of Obesity in Employment," Hohonu: Journal of Academic Writing, University of Hawaii at Hilo, 2006, Volume 4, Number 1. 72. See, for example, K. Greco, R. Paul, and B. Pawlecki, "Promoting Healthy Weight: With Obesity on the Rise, Eaps Can Take Advantage of Their Assessment, Referral, and Case Management Skills to Help Employers Keep Healthcare Costs under Control and Encourage Employees to Maintain Healthy Lifestyles," Journal of Employee Assistance (December 2004), pp. 14–16; and K. Merx, "The Rising Cost of Fat; Business Is Finding out That Obesity Drives up Costs for More than Just Health Insurance," Crain's Detroit Business (September 13, 2004), p. 11. 73. Vignettes for this case were found at the U.S. Department of Labor, Occupational Safety and Health Administration, "Making a Positive Difference: OSHA Saves Lives," (November 27, 2005), available online at www.osha.gov/as/opa/oshasaveslives.html.
Chapter 14 Understanding Labor Relations and Collective Bargaining 1. R. Nakashima, "West Coast Dockworkers, shipping lines start talks early," Associated Press (March 17, 2008) at www.sfgate.com, accessed June 21, 2009. 2. R. J. Burnette, "Walking Out on Wages," Workforce Management (August 2005), pp. 12–13. 3. AFL-CIO, "Union Membership by Industry" (2003). Available online at www.aflcio.org/aboutunions/joinunions/whyjoin/uniondifference/unio ndiff11.cfm. 4. D. B. Klaff and R. G. Ehrenberg, "Collective Bargaining and Staff Salaries in American Colleges and Universities," Industrial and Labor Relations Review (October 2003), pp. 92–104. 5. U.S. Department of Labor Bureau of Labor Statistics "Union affiliation of employed wage and salary workers by occupation and industry" updated January 28, 2009 at http://www.bls.gov/ news.release/union2.t03.htm. 6. J. Bladen, and S. Machin, "Cross-Generation Correlations of Union Status for Young People in Britain," British Journal of Industrial Relations (September 2003), p. 391; and R. J. Grossman, "Unions Follow Suit," HR Magazine (May 2005), pp. 47–51.
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Endnotes 7. "Why you need a Union," AFL-CIO at http://www.aflcio.org/joinaunion/why, Accessed February 14, 2009. 8. Readers should recognize that although the closed shop (compulsory union membership before one is hired) was declared illegal by the Taft-Hartley Act, a modified form still exists today. That quasi-closed shop arrangement is called the hiring hall and is found predominantly in the construction and printing industries. However, a hiring hall is not a form of union security because it must assist all members despite their union affiliation. Additionally, the hiring hall must establish procedures for referrals that are nondiscriminatory. 9. There are, however, exceptions to this in the construction industry. 10. See, for instance, M. Romano, "Hospital Accused of Iron-Fist Tactics," Modern Hospital ( January 8, 2001), p. 16. 11. For a comprehensive review of labor laws, see B. Feldacker, Labor Guide to Labor Law, 4th ed. (Upper Saddle River, NJ: Prentice Hall, 2000). 12. L. Stein, "Ports of Call," U.S. News and World Report (October 21, 2002), p. 14. 13. B. Feldacker, Labor Guide to Labor Law, 4th ed., p. 5. 14. The Railway Labor Act created the National Mediation Board, which works on matters of recognition, dispute resolution, and unfair labor practices in the railroad and airline industries only. The National Railroad Adjustment Board was also part of the Railway Labor Act, and this body arbitrated disputes between railroads and unions. 15. W. Zellner and M. Arndt, "Concession at the Bargaining Table, Too," Business Week (March 19, 2001), p. 46. 16. It is also important to note that the Wagner Act was amended in 1974 with the Health Care Amendments. These brought both nonprofit hospitals and health-care organizations under the jurisdiction of the Wagner Act. 17. M. J. Goldberg, "An Overview and Assessment of the Law Regulating Internal Union Affairs," Journal of Labor Research (Winter 2000), pp. 15–36. 18. It must be noted that when one discusses government labor relations, two categories emerge. One is the federal sector, the other the public sector. In a brief discussion of government labor relations, the focus is on the federal sector due to its federal legislation. However, one must realize that state or municipal statutes do define practices for labor–management relationships for state, county, and municipal workers (typically police officers, fire fighters, and teachers). Because these laws differ in the many jurisdictions, it goes beyond the scope of this text to attempt to clarify each jurisdiction's laws. 19. Although government employees often face a no-strike clause, with the exception of the air traffic controllers' case, such restrictions are generally ineffective. Working to rules, "blue flues," and recorded sanitation, nursing, and teacher strikes across this country support the contention that a no-strike clause is weak. 20. United States Code Annotated, Title 18, Section 1961 (St. Paul, MN: West Publishing, 1984), p. 6. 21. Ibid., p. 228. 22. United States Code Annotated, Title 29, Section 186 (St. Paul, MN: West Publishing, 1978), p. 17. 23. U.S. Department of Labor, Office of the Inspector General, Semiannual Report to the Congress April 1, 2002–September 30, 2002 (Washington, DC: Government Printing Office, 2002). 24. Only pure grievance awards can be solely determined by the FLRA. 25. M. M. Clark, "NLRB Still Unsure How 'To Define' Supervisor," HR Magazine (September 2003), pp. 23–24; J. E. Lyncheski and R. J. Andrykovitch, "Who's a Supervisor?" HR Magazine (September 2001), pp. 159–168; and D. Foust, "The Ground War at FedEx," Business Week (November 28, 2005), pp. 42–43. 26. Elections may not be the only means of unionizing. In cases where a company has refused to recognize a union because of a past unfair labor practice, the NLRB may certify a union without a vote. 27. Adapted from S. P. Robbins and D. A. DeCenzo, Supervision Today, 4th ed. (Upper Saddle River, NJ: Prentice Hall, 2004), p. 434; M. K. Zachary, "Labor Law for Supervisors: Union Campaigns Prove Sensi-
28.
29. 30.
31. 32. 33. 34. 35. 36. 37. 38.
39.
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42. 43.
44.
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46.
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tive for Supervisory Employees," Supervision (May 2000), pp. 23–26; S. Greenhouse, "A Potent, Illegal Weapon Against Unions: Employers Know It Costs Them to Fire Organizers," New York Times (October 24, 2000), p. A-10; and J. E. Lyncheski and L. D. Heller, "Cyber Speech Cops," HR Magazine (January 2001), pp. 145–150. D. C. Bok and J. T. Dunlop, "Collective Bargaining in the United States: An Overview," in W. Clay Hammer and Frank L. Schmidt (eds.), Contemporary Problems in Personnel (Chicago: St. Clair Press, 1997), p. 383. An international union, in this context, refers to a national union in the United States that has local unions in Canada. If we take into account public-sector collective bargaining, we have another exception—the public. The taxpaying, voting public can influence elected officials to act in certain ways during negotiations. D. Hakim, "Tough Times Force U.A.W. to Employ New Strategy," New York Times (September 17, 2003), p. C1. M. H. Bowers and D. A. DeCenzo, Essentials of Labor Relations (Englewood Cliffs, NJ: Prentice Hall, 1992), p. 101. For a thorough explanation of the grievance procedure, see ibid., pp. 109–114. See also M. I. Lurie, "The 8 Essential Steps in Grievance Processing," Dispute Resolution Journal (November 1999), pp. 61–65. Adapted from S. P. Robbins and D. A. DeCenzo, Supervision Today, 4th ed. (Upper Saddle River, NJ: Prentice Hall, 2004), p. 438. S. Shellenbarger, "Companies Are Finding Real Payoffs in Aiding Employee Satisfaction," Wall Street Journal (October 11, 2000), p. B-1. To be accurate, a strike vote is generally held at the local union level in which the members authorize their union leadership to call the strike. U.S. Department of Labor, Bureau of Labor Statistics, "Work Stoppages Summary" (February 11, 2009), available online at www.bls.gov.news.release/wksto.nr0.htm. "Business Brief—Kaiser Aluminum Corp.: United Steelworkers Finalize Labor Pact, Ending Lockout," Wall Street Journal (September 19, 2000), p. C-19. Outsourcing in this context refers to a situation where work is taken away from unionized workers in a company and given to nonunionized employees in a separate location. It is also interesting to point out that President Clinton lifted the ban on hiring air traffic controllers who had been fired by President Reagan. Any air traffic controller fired by Reagan was not eligible to work again for the Federal Aviation Administration—the agency that hires air controllers. The removal of the ban came on August 12, 1993. U.S. Department of Labor, Bureau of Labor Statistics, "Union Members Summary" (January 2009), available online at www.bls.gov This Workplace Issues vignette is based on AFL-CIO, "Union Summer Q & A" (2005), available online at www.aflcio.org/aboutunions/ unionsummer/qapage.cfm. C. Tejada, "Graduate Students at Private Universities Have Right to Unionize, Agency Rules," Wall Street Journal (November 2, 2000), p. B22; and A. Bernstein, "Big Labor's Day of Reckoning," Business Week (March 7, 2005), pp. 65–66. This section based on G. R. King, "New Guidelines From the National Labor Relations Board Regarding Participative Management Initiatives and Employee Committee," SHRM Legal Report (August 2001). R. C. Kearney, "Patterns of Union Decline and Growth: An Organizational Ecology Perspective," Journal of Labor Research (Fall 2003), p. 561. Bureau of Labor Statistics, "Union Membership Annual News Release," (January 28, 2009), at http://www.bls.gov/news.release/ archives/union2_01282009.htm. M. M. Clark, "AFL-CIO Not Just Blue-Collar Stronghold, Report Says," SHRM Home (September 8, 2003), available online at www.shrm.org/hrnews. An extensive discussion of Sunshine Laws can be found at Sunshine Review at http://sunshinereview.org/index.php/State_sunshine_laws.
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50. W. Zellner and A. Bernstein, "Up Against the Wal-Mart," Business Week (March 13, 2000), pp. 76–78. 51. U.S. Department of Labor, Employment and Earnings (January 2001), and AFL-CIO, www.aflcio.org/uniondifference/uniondiff5.html. 52. J. Smerd, "Union Membership Rises, but Quality of Jobs has Changed," Workforce Management, (February 7, 2008). 53. International Labour Organization Statistics, at www.ilo.org and P. Hall-Jones, "Unionism and Economic Performance" New Unionism 2007 found at www.newunionism.net accessed February 21, 2009. 54. See, for example, R. Harbridge, R. May, and G. Thickett, "The Current State of Play: Collective Bargaining and Union Membership Under
the Employment Relations Act of 2000," New Zealand Journal of Industrial Relations (September 2003), p. 140. 55. Based on R. Fisher and W. Ury, Getting to Yes: Negotiating Agreement Without Giving In (Boston: Houghton Mifflin, 1981); J. A. Wall Jr., and M. W. Blum, "Negotiations," Journal of Management (June 1991), pp. 295–96; M. H. Bazerman and M. A. Neale, Negotiating Rationally (New York: Free Press, 1992); D. A. DeCenzo and S. P. Robbins, Fundamentals of Management, 5th ed. (Upper Saddle River, NJ: Prentice Hall, 2006), pp. 413–416.
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Glossary 360-degree appraisals Performance evaluations in which supervisors, peers, employees, customers, and the like evaluate the individual. 4/5ths rule A rough indicator of discrimination, this rule requires that the number of minority members a company hires must equal at least 80 percent of the majority members in the population hired. absolute standards Measuring an employee's performance against established standards. acquisition The transfer of ownership and control of one organization to another. adverse (disparate) impact A consequence of an employment practice that results in a greater rejection rate for a minority group than for the majority group in the occupation. adverse (disparate) treatment An employment situation where protected group members receive treatment different from other employees in matters such as performance evaluations and promotions. affirmative action A practice in organizations that goes beyond discontinuance of discriminatory practices to include actively seeking, hiring, and promoting minority group members and women. Age Discrimination in Employment Act (ADEA) This act prohibits arbitrary age discrimination, particularly among those over age 40. agency shop A union security arrangement whereby employees must pay union dues to the certified bargaining unit even if they choose not to join the union. Albemarle Paper Company v. Moody Supreme Court case that clarified the methodological requirements for using and validating tests in selection. Americans with Disabilities Act of 1990 (ADA) Extends EEO coverage to include most forms of disability, requires employers to make reasonable accommodations, and eliminates post–joboffer medical exams. application form Company-specific employment form used to generate specific information the company wants. assessment center A facility where performance simulation tests are administered. These include a series of exercises used for selection, development, and performance appraisals. attribution theory A theory of performance evaluation based on the perception of who is in control of an employee's performance. authorization card A card signed by prospective union members indicating that they are interested in having a union election held at their work site. baby boomers Individuals born between 1946 and 1965. background investigation The process of verifying information job candidates provide. behavioral interview Observing job candidates not only for what they say but for how they behave. behaviorally anchored rating scales (BARS) A performance appraisal technique that generates critical incidents and develops behavioral dimensions of performance. The evaluator appraises behaviors rather than traits.
blind-box ad An advertisement that does not identify the advertising organization. bona fide occupational qualification (BFOQ) Job requirements that are "reasonably necessary to meet the normal operations of that business or enterprise." broad-banding Paying employees at preset levels based on their level of competency. burnout Chronic and long-term stress. career The sequence of employment positions that a person has held over his or her life. carpal tunnel syndrome A repetitive-motion disorder affecting the wrist. central tendency The tendency of a rater to give average ratings. change agent Individual responsible for fostering the change effort and assisting employees in adapting to changes. checklist appraisal A performance evaluation in which a rater checks off applicable employee attributes. Civil Rights Act of 1866 Federal law that prohibited discrimination based on race. Civil Rights Act of 1964 Outlawed racial segregation and discrimination in employment, public facilities, and education. Civil Rights Act of 1991 Employment discrimination law that nullified selected Supreme Court decisions. Reinstated burden of proof by the employer, and allowed for punitive and compensatory damage through jury trials. Civil Service Reform Act Replaced Executive Order 11491 as the basic law governing labor relations for federal employees. classification method Evaluating jobs based on predetermined job grades. code of ethics A formal document that states an organization's primary values and the ethical rules it expects organizational members to follow. collective bargaining The negotiation, administration, and interpretation of a written agreement between two parties, at least one of which represents a group that is acting collectively, and that covers a specific period of time. communications programs HRM programs designed to provide information to employees. comparable worth Equal pay for jobs similar in skills, responsibility, working conditions, and effort. compensation administration The process of managing a company's compensation program. compensation and benefits HRM function concerned with paying employees and administering the benefits package. compensation surveys Used to gather factual data on pay practices among firms and companies within specific communities. competency-based compensation Organizational pay system that rewards skills, knowledge, and behaviors. comprehensive interview A selection device used to obtain indepth information about a candidate. comprehensive selection Applying all steps in the selection process before rendering a decision about a job candidate. compressed work week schedules Employees work longer days in exchange for longer weekends or other days off.
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conciliation and mediation Impasse resolution techniques using an impartial third party to help management and the union to resolve the conflict. concurrent validity Validating tests by using current employees as the study group. conditional job offer A tentative job offer that becomes permanent after certain conditions are met. Consolidated Omnibus Budget Reconciliation Act (COBRA) Provides for continued employee benefits up to three years after an employee leaves a job. constraints on recruiting efforts Factors that can limit recruiting outcomes. construct validity The degree to which a particular trait relates to successful job performance, as in IQ tests. consumer driven health plan (CDHP) Combines a health plan with a high deductible with a health savings account that the insured uses to pay for deductibles and medical care. content validity The degree to which test content, as a sample, represents all situations that could have been included, such as a typing test for a clerk typist. contingent workforce The part-time, temporary, and contract workers used by organizations to fill peak staffing needs or perform work not done by core employees. continuous improvement Organizational commitment to constantly improving quality of products or services. controlling Management function concerned with monitoring activities to ensure goals are met. core competency Organizational strengths that represent unique skills or resources. core employees An organization's full-time employee population. criterion-related validity The degree to which a particular selection device accurately predicts the important elements of work behavior, as in the relationship between a test score and job performance. critical incident appraisal A performance evaluation that focuses on key behaviors that differentiates between doing a job effectively or ineffectively. cut score A scoring point below which applicants are rejected. decline or late stage The final stage in one's career, usually marked by retirement. defined benefit plan A retirement program that pays retiring employees a fixed retirement income based on average earnings over a period of time. defined contribution plan No specific benefit payout is promised because the value of the retirement account depends on the growth of contributions of employee and employer. diary method A job analysis method requiring job incumbents to record their daily activities. discipline A condition in the organization when employees conduct themselves in accordance with the organization's rules and standards of acceptable behavior. dismissal A disciplinary action that results in the termination of an employee. documentation A record of performance appraisal process outcomes. domestic partner benefits Benefits offered to an employee's livein partner. downsizing An activity in an organization aimed at creating greater efficiency by eliminating certain jobs. drug testing The process of testing applicants/ employees to determine if they are using illicit substances.
Drug-Free Workplace Act of 1988 Requires specific governmentrelated groups to ensure that their workplace is drug free. dues check-off Employer withholding of union dues from union members' paychecks. economic strike An impasse that results from labor and management's inability to agree on the wages, hours, and terms and conditions of a new contract. employee assistance programs (EAPs) Specific programs designed to help employees with personal problems. employee benefits Membership-based, nonfinancial rewards offered to attract and keep employees. employee development Future-oriented training that focuses on employee personal growth. employee handbook A booklet describing important aspects of employment an employee needs to know. employee monitoring An activity whereby the company keeps informed of its employees' activities. employee referral A recommendation from a current employee regarding a job applicant. employee relations function Activities in HRM concerned with effective communications among organizational members. Employee Retirement Income Security Act (ERISA) Law passed in 1974 designed to protect employee retirement benefits. employee training Present-oriented training that focuses on individuals' current jobs. employment agencies Assists in matching employees seeking work with employers seeking workers. employment-at-will doctrine Nineteenth-century common law that permitted employers to discipline or discharge employees at their discretion. encounter stage The socialization stage where individuals confront the possible dichotomy between their organizational expectations and reality. Equal Employment Opportunity Act (EEOA) Granted enforcement powers to the Equal Employment Opportunity Commission. Equal Employment Opportunity Commission (EEOC) The arm of the federal government empowered to handle discrimination in employment cases. Equal Pay Act of 1963 This act requires equal pay for equal work. establishment period A career stage in which one begins to search for work and finds a first job. ethics A set of rules or principles that defines right and wrong conduct. executive search firms Private employment agency specializing in middle- and top-management placements. exempt employees Employees in positions that are exempt from most employee protection outlined in the Fair Labor Standards Act, especially overtime pay. expatriate An individual who lives and works in a country of which he or she is not a citizen. exploration period A career stage that usually ends in the midtwenties as one makes the transition from school to work. external career Attributes related to an occupation's properties or qualities. extrinsic rewards Benefits provided by the employer, usually money, promotion, or benefits. fact-finding The technique whereby a neutral third party conducts a hearing to gather evidence and testimony from the parties regarding the differences between them.
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Glossary Fair Credit Reporting Act of 1971 Requires an employer to notify job candidates of its intent to check into their credit. Fair Labor Standards Act (FLSA) Passed in 1938, this act established laws outlining minimum wage, overtime pay, and maximum hour requirements for most U.S. workers. The Family and Medical Leave Act of 1993 (FMLA) Provides employees in most organizations the opportunity to take up to twelve weeks of unpaid leave for family matters. Federal Mediation and Conciliation Service (FMCS) A government agency that assists labor and management in settling disputes. flexible benefits A benefits program in which employees pick benefits that most meet their needs. flexible spending accounts Allow employees to set aside money before payroll taxes to pay for healthcare or dependent care. flex time An alternative to traditional "9 to 5" work schedules allows employees to vary arrival and departure times. forced-choice appraisal A performance evaluation in which the rater must choose between two specific statements about an employee's work behavior. glass ceiling The invisible barrier that blocks females and minorities from ascending into upper levels of an organization. globalization A process of interaction and integration among the people, companies, and governments of different nations, driven by international trade and investment, accelerated by information technology. golden parachute A financial protection plan for executives in case they are severed from the organization. graphic rating scale A performance appraisal method that lists traits and a range of performance for each. grievance procedure A complaint-resolving process contained in union contracts. Griggs v. Duke Power Company Landmark Supreme Court decision stating that tests must fairly measure the knowledge or skills required for a job. group incentive Motivational plan provided to a group of employees based on their collective work. group interview method Meeting with a number of employees to collectively determine what their jobs entail. halo error The tendency to let our assessment of an individual on one trait influence our evaluation of that person on other specific traits. Hawthorne studies A series of studies that provided new insights into group behavior and motivation. Health Insurance Portability and Accountability Act of 1996 (HIPAA) Ensures confidentiality of employee health information. Health maintenance organization (HMO) Provides comprehensive health services for a flat fee. Holland vocational preferences model Represents an individual occupational personality as it relates to vocational themes. honesty test A specialized question-and-answer test designed to assess one's honesty. host-country national (HCN) A citizen of the host country hired by an organization based in another country. hostile environment harassment Offensive and unreasonable situations in the workplace that interfere with the ability to work. hot-stove rule Discipline, like the consequences of touching a hot stove, should be immediate, provide ample warning, be consistent, and be impersonal.
391 HR generalist Position responsible for all or a large number of HR functions in an organization. human resource information system (HRIS) A computerized system that assists in the processing of HRM information. human resource planning Process of determining an organization's human resource needs. imminent danger A condition where an accident is about to occur. implied employment contract Any organizational guarantee or promise about job security. impression management Influencing performance evaluations by portraying an image desired by the appraiser. IMPROSHARE An incentive plan that uses a specific mathematical formula for determining employee bonuses. incidence rate Number of injuries, illnesses, or lost workdays as it relates to a common base of full-time employees. individual incentive plans Motivation systems based on individual work performance. individual interview method Meeting with an employee to determine what his or her job entails. individual ranking Ranking employees' performance from highest to lowest. individual retirement accounts (IRA) A type of defined contribution plan with employer contributions. initial screening The first step in the selection process whereby job inquiries are sorted. interest arbitration An impasse resolution technique used to settle contract intergroup development Helping members of various groups become a cohesive team. internal search A promotion-from-within concept. interviewer bias Image created by reviewing materials such as the résumé, application, or test scores prior to the actual interview. intrinsic rewards Satisfactions derived from the job itself, such as pride in one's work, a feeling of accomplishment, or being part of a team. job analysis Provides information about jobs currently being done and the knowledge, skills, and abilities that individuals need to perform the jobs adequately. job description A statement indicating what a job entails. job design Refers to the way that the position and the tasks within that position are organized, including how and when the tasks are done and any factors that affect the work such as in what order the tasks are completed and the conditions under which the tasks are completed. job enrichment Enhancing jobs by giving employees more opportunity to plan and control their work. job evaluation Specifies the relative value of each job in the organization. job fairs Events attended by employer representatives or recruiters with the goal of reaching qualified candidates. job rotation Moving employees horizontally or vertically to expand their skills, knowledge, or abilities. job sharing Two people share one job by splitting the work week and the responsibilities of the position. job specification Statements indicating the minimal acceptable qualifications incumbents must possess to successfully perform the essential elements of their jobs. kaizen The Japanese term for an organization's commitment to continuous improvement.
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karoshi A Japanese term meaning death from overworking. Kirkpatrick's model Evaluates the benefits of training for skills that are hard to quantify, such as attitudes and behaviors pre–posttraining performance with control group method Evaluating training by comparing pre- and post-training results with in knowledge workers Individuals whose jobs are designed around the acquisition and application of information. labor union Acts on behalf of its members to secure wages, hours, and other terms and conditions of employment. Landrum-Griffin Act of 1959 Also known as the Labor and Management Reporting and Disclosure Act, this legislation protected union members from possible wrongdoing on the part of their unions. It required all unions to disclose their financial statements. late-career stage A career stage in which individuals are no longer learning about their jobs nor expected to outdo levels of performance from previous years. leading Management function concerned with directing the work of others. learning organization An organization that values continued learning and believes a competitive advantage can be derived from it. leased employees Individuals hired by one firm and sent to work in another for a specific time. legally required benefits Employee benefits mandated by law. leniency error Performance appraisal distortion caused by evaluating employees against one's own value system. lockout A situation in labor–management negotiations whereby management prevents union members from returning to work. maintenance function Activities in HRM concerned with maintaining employees' commitment and loyalty to the organization. maintenance of membership Requires an individual who chooses to join a union to remain in the union for the duration of the existing contract. management The process of efficiently completing activities with and through people. management by objectives (MBO) A performance appraisal method that includes mutual objective setting and evaluation based on the attainment of the specific objectives. management thought Early theories of management that promoted today's HRM operations. Marshall v. Barlow's, Inc. Supreme Court case that stated an employer could refuse an OSHA inspection unless OSHA had a search warrant to enter the premises. McDonnell-Douglas Corp. v. Green Supreme Court case that led to a four-part test used to determine if discrimination has occurred. medical/physical examination An examination to determine an applicant's physical fitness for essential job performance. mentoring or coaching Actively guiding another individual. merger Joining ownership of two organizations. merit pay An increase in pay, usually determined annually. metamorphosis stage The socialization stage during which the new employee must work out inconsistencies discovered during the encounter stage. mid-career stage A career stage marked by continuous improvement in performance, leveling off in performance, or beginning deterioration of performance. mission statement A brief statement of the reason an organization is in business. motivation function Activities in HRM concerned with helping employees exert at high energy levels.
multinational corporations (MNCs) Corporations with significant operations in more than one country. musculoskeletal disorders (MSDs) Continuous-motion disorders caused by repetitive stress injuries. National Institute for Occupational Safety and Health (NIOSH) The government agency that researches and sets OSHA standards. National Labor Relations Board (NLRB) Established to administer and interpret the Wagner Act, the NLRB has primary responsibility for conducting union representation elections. nonexempt employees Employees who are covered by the Fair Labor Standards Act, including overtime pay and minimum wage provisions of the act. observation method A job analysis technique in which data are gathered by watching employees work. offshoring The process of moving jobs out of one country and in to another country. online résumés Résumés created and formatted to be posted on online résumé or job sites. open shop Employees are free to join the union or not, and those who decline need not pay union dues. ordering method Ranking job worth from highest to lowest. organization culture The system of sharing meaning within the organization that determines how employees act. organization development (OD) The part of HRM that addresses system-wide change in the organization. organization-wide incentive A motivation system that rewards all facility members based on how well the entire group performed. organizing A management function that deals with determining what jobs are to be done, by whom, where decisions are to be made, and how to group employees. orientation Activities that introduce new employees to the organization and their work units. outsourcing Sending work "outside" the organization to be done by individuals not employed full time with the organization. paired comparison Ranking individuals' performance by counting the times any one individual is the preferred member when compared with all other employees. pay-for-performance programs Rewarding employees based on their job performance. peer evaluation A performance assessment in which co-workers provide input into the employee's performance. Pension Benefit Guaranty Corporation (PBGC) The organization that lays claim to corporate assets to pay or fund inadequate pension programs. performance-based rewards Rewards exemplified by the use of commissions, piecework pay plans, incentive systems, group bonuses, or other forms of merit pay. performance simulation tests Work sampling and assessment centers evaluation abilities in actual job activities. perquisites Attractive benefits, over and above a regular salary, granted to executives, also known as "perks." planning A management function focusing on setting organizational goals and objectives. plateaued mid-career Stagnation in one's current job. point method Breaking down jobs based on identifiable criteria and the degree to which these criteria exist on the job.
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Glossary point-of-service (POS) Health care plan that includes primary care physicians but allows greater flexibility for using services out of the network. Polygraph Protection Act of 1988 Prohibits the use of lie detectors in screening all job applicants. Position Analysis Questionnaire (PAQ) A job analysis technique that rates jobs on elements in six activity categories. post-training performance method Evaluating training programs based on how well employees can perform their jobs after training. prearrival stage This socialization process stage recognizes that individuals arrive in an organization with a set of organizational values, attitudes, and expectations. predictive validity Validating tests by using prospective applicants as the study group. preferred provider organizations (PPOs) Organization that requires using specific physicians and health-care facilities to contain the rising costs of health care. Pregnancy Discrimination Act of 1978 Law prohibiting discrimination based on pregnancy. pre–post-training performance method Evaluating training programs based on the difference in performance before and after training. pre–post-training performance with control group method Evaluating training by comparing pre- and post-training results with individuals. Privacy Act of 1974 Requires federal government agencies to make information in an individual's personnel file available to him or her. proactive personality Describing those individuals who are more prone to take actions to influence their environment. professional employer organization Assumes all HR functions of a client company by hiring all of its employees and leasing them back to the company. progressive discipline A system of improving employee behavior that consists of warnings and punishments that gradually become more severe. qualified privilege The ability for organizations to speak candidly to one another about employees or potential hires. quality management Organizational commitment to continuous process of improvement that expands the definition of customer to include everyone involved in the organization. quid pro quo harassment Some type of sexual behavior is expected as a condition of employment. Racketeer Influenced and Corrupt Organizations Act (RICO) Law passed to eliminate any influence on unions by members of organized crime. Railway Labor Act Provided the initial impetus to widespread collective bargaining. realistic job preview (RJP) A selection device that allows job candidates to learn negative as well as positive information about the job and organization. reasonable accommodations Changes to the workplace that allow qualified workers with disabilities to perform their jobs. recruiter Represent employer to prospective applicants at colleges and job fairs. recruiting The process of seeking sources for job candidates. relative standards Evaluating an employee's performance by comparing the employee with other employees.
393 reliability A selection device's consistency of measurement. repetitive stress injuries Injuries sustained by continuous and repetitive movements of the hand. replacement chart HRM organizational charts indicating positions that may become vacant in the near future and the individuals who may fill the vacancies. representation certification (RC) The election process whereby employees vote in a union as their representative. representation decertification (RD) The election process whereby union members vote out their union as their representative. reverse discrimination A claim made by white males that minority candidates are given preferential treatment in employment decisions. right to work laws Prohibit union membership as a condition of employment. rightsizing Linking employee needs to organizational strategy. role ambiguity When an employee is not sure what work to do. role conflicts Expectations that are difficult to reconcile or achieve. role overload When an employee is expected to do more than time permits. Sarbanes-Oxley Act Establishes procedures for public companies regarding how they handle and report their finances. Scanlon Plan An organization-wide incentive program focusing on cooperation between management and employees through sharing problems, goals, and ideas. scientific management A set of principles designed to enhance worker productivity. seniority systems Decisions such as promotions, pay, and layoffs are made on the basis of an employee's seniority or length of service. sexual harassment Anything of a sexual nature that creates a condition of employment, an employment consequence, or a hostile or offensive environment. shared services Sharing HRM activities among geographically dispersed divisions. sick building An unhealthy work environment. similarity error Evaluating employees based on the way an evaluator perceives himself or herself. simulation Any artificial environment that attempts to closely mirror an actual condition. social security Retirement, disability, and survivor benefits paid by the government to the aged, former members of the labor force, the disabled, or their survivors. socialization or onboarding A process of adaptation that takes place as individuals attempt to learn the values and norms of work roles. staffing function Activities in HRM concerned with seeking and hiring qualified employees. strategic human resource management Aligning HR policies and decisions with the organizational strategy and mission. strengths An organization's best attributes and abilities. stress A dynamic condition in which an individual confronts an opportunity, constraint, or demand related to a desire and perceives the outcome both uncertain and important. stressor Something that causes stress in an individual. structured questionnaire method A specifically designed questionnaire on which employees rate tasks they perform in their jobs. summary plan description (SPD) An ERISA requirement of explaining to employees their pension program and rights. survey feedback Assessment of employees' perceptions and attitudes regarding their jobs and organization.
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suspension A period of time off from work as a result of a disciplinary process. SWOT analysis A process for determining an organization's strengths, weaknesses, opportunities, and threats. Taft-Hartley Act Amended the Wagner Act by addressing employers' concerns in terms of specifying unfair union labor practices. team-based compensation Pay based on how well the team performed. technical conference method A job analysis technique that involves extensive input from the employee's supervisor. telecommuting Using technology to work in a location other than the traditional workplace. Title VII The most prominent piece of legislation regarding HRM, it states the illegality of discriminating against individuals based on race, religion, color, sex, or national origin. training and development function Activities in HRM concerned with assisting employees to develop up-to-date skills, knowledge, and abilities. type A behavior Personality type characterized by chronic urgency and excessive competitive drive. type B behavior Personality type characterized by lack of either time urgency or impatience. unemployment compensation Employee insurance that provides some income continuation in the event an employee is laid off. Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) Clarifies and strengthens the rights of veterans to return to their jobs in the private sector when they return from military service. union Organization of workers, acting collectively, seeking to protect and promote their mutual interests through collective bargaining. union security arrangements Labor contract provisions designed to attract and retain dues-paying union members. union shop Any nonunion workers must become dues-paying members within a prescribed period of time. upward appraisal Employees provide frank and constructive feedback to their supervisors.
validity The proven relationship of a selection device to relevant criterion. vesting rights The permanent right to pension benefits. wage structure A pay scale showing ranges of pay within each grade. Wagner Act Also known as the National Labor Relations Act of 1935, this act gave employees the right to form and join unions and to engage in collective bargaining. Wards Cove Packing Company v. Atonio A notable Supreme Court case that had the effect of potentially undermining two decades of gains made in equal employment opportunities. weaknesses Resources an organization lacks or activities it does poorly. weighted application form A special type of application form that uses relevant applicant information to determine the likelihood of job success. wellness programs Organizational programs designed to keep employees healthy. whistle-blowing A situation in which an employee notifies authorities of wrongdoing in an organization. wildcat strike An unauthorized and illegal strike that occurs during the terms of an existing contract. work process engineering Radical, quantum change in an organization. work sampling A selection device requiring the job applicant to perform a small sampling of actual job activities. Worker Adjustment and Retraining Notification (WARN) Act of 1988 Specifies for employers' notification requirements when closing down a plant or laying off large numbers of workers. workers' compensation Employee insurance that provides income continuation if a worker is injured on the job. workforce diversity The varied personal characteristics that make the workforce heterogeneous. workplace romance A personal relationship that develops at work. written verbal warning Temporary record that a verbal reprimand has been given to an employee. written warning First formal step of the disciplinary process.
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Company Index A Abbott Laboratories, 305 Abercrombie & Fitch, 32, 58, 81 Accenture, 47 Accountemps, 145 Achen, Chap (Best Buy), 111 Addeco, 142 ADP, 47 Aetna, 295 AFLAC, 4 AIG, 22, 277 Albemarle Paper Company, 69–70 Allstate Insurance, 215 American Airlines, 47, 179 American Express, 9, 136 American Red Cross, 30 Anheuser-Busch, 118 Apple Computer, 58, 221 AT&T, 15, 114, 118, 221, 250 Aveda, 32 B Bank of America, 12, 22, 118, 194, 264 Barlow's Inc., 316 Baxter International, 25 Bear Stearns, 278 Ben & Jerry's, 134 Best Buy, 58, 111, 118, 126–127, 277 BF Goodrich Co., 402n4 Blake, Frank (Home Depot), 29 Blank, Arthur (Home Depot), 29 Blue Cross and Blue Shield, 295 Blue Cross and Blue Shield of Michigan, 96–97 BMW, 4 Boeing Company, 15, 94, 313, 355 Boone, Garrett (The Container Store), 133 Brady, Tom (New England Patriots quarterback), 15 Burger King, 76 Burlington Industries, 75 C Cady, Wayne (IMC Mortgage), 85 Capital One, 242 CareerBuilder, 7, 139, 144 Casey, James (UPS), 205–206 Caterpillar, 356 Catfish Bend Casino, 107 Central Station Casino, 72 Chamberlin Rubber, 274–275 Champion Company, 226 The Cheesecake Factory, 200 Chevron, 9 Christensen, Robert (Champion Company; Hamilton Funeral Home), 226 Cigna, 295 Cisco Systems, 58, 143, 144, 277 Citigroup bonuses for executives, 277 effect of globalization, 13 job cuts, 118
mentoring programs, 215 racist e-mail lawsuit, 9 Clarke and Associates, 120 Coca-Cola Company blog of, 9, 10 cultural audits, 12 industrial athlete programs, 313 OFCCP audits, 77–78 revenue from foreign operations, 4 workplace chaplains, 327 Compaq, 22 The Container Store, 133 Cook Children's Health Care System, 250 Corning, 170 Costco, 49, 58 Craigslist, 139, 144 CSX, 58 D Dagit, Deborah (Merck & Co.), 11 Delta Airlines, 298 DeVries, Jim (Principal Financial Group), 209 Dice.com, 144 Disney, 58, 135 Dow Chemical, 250 Duke Power Company, 59, 69 DuPont, 75, 250, 332–333 E Eastern Airlines, 298 e-Bay, 222 Electromation, 358–359 Ellerth, Kimberly (Burlington Industries), 75 Ellison, Larry (Oracle), 278 Enron, 22, 23 Enspire, 183 Epstein Becker & Green, 262 Ernst & Young, 144 Exxon Mobile, 221, 250 F Facebook, 144, 161, 167 Fannie Mae, 277 Fast Company, 112 Federal Express delivery drivers, 313 discrimination lawsuits against, 58, 81–82, 372n97 eliminating sexual harassment, 75 self-managed teams, 170 workforce diversity, 12, 13 Fiat, 4 Firestone, 356 FirstMerit Bank, 283 Floersch, Rich (McDonald's), 136 Ford, Tommy (High-5-Tech), 152 Ford Motor Company appraisal system, 242 job cuts, 118
judging employees' off-the-job habits, 9 as multinational in 1920s, 4 performance evaluations, 256 shared HRM services, 48 Forklift Systems, Inc., 75 Four Seasons Resorts and Hotels, 3, 6, 7, 161 Freddie Mac, 277 Fudge, Ann (Kraft Foods; Young and Rubicam), 226 G Gates, Bill (Microsoft), 222 Gateway Coal, 386n7 Genentech, 309 General Electric, 4, 29, 48, 242, 250 General Foods, 226 General Mills, 75, 170, 215 General Motors, 196 Gillette, 4 Google, 35, 58, 113, 183, 186 Griswell, Barry (Principal Financial Group), 209 Grubb, Carla (Abercrombie & Fitch), 81 H Hallmark, 30 Halmar International, 57–58 Hamilton Funeral Home, 226 Hance, Steve (Best Buy), 112 Harley Davidson, 117 Harpo Productions, 222 Hayes, David (Skyline Construction), 275 Hewlett Packard, 22, 242 High-5-Tech, 152 Home Depot blending large size and agility, 15 discrimination lawsuits, 58 DOL recognition for reemploying veterans, 58 drug testing, 90 and housing downturn, 119 layoffs of workers and HR staff, 29, 48 performance evaluations in Mexico, 253 Honda, 221 Honolulu Police Department, 151 Hsieh, Tony (Zappos), 187 Hyundai, 32 I IBM cultural audits, 12 downsizing, 15 401(k) programs, 300 job fair participation, 143 mission statement, 113 providing HR services, 47 395
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396 IBM (continued ) upward communication via online survey, 44 IMC Mortgage, 85 J Jackson, Brian (Tyson's), 326 Jiffy Lube, 76 John Deere, 4, 356 Johns Hopkins University School of Medicine, 205 Johnson & Johnson, 144, 277, 333 J. Weingarten, Inc., 101 K Kaiser Aluminum, 71 Kelly Services, 142, 145 Kia Motors America, 103 Knight-Ridder, 114 Kodak, 10, 332–333 Kraemer, Harry Jansen (Baxter International), 25 Kraft Foods, 226 L Lamale, Ellen (Principal Financial Group), 209 Lehman Brothers, 278 Levi-Strauss, 75 Limited Brands, 277 Lincoln Electric, 274 Linco Tool and Die, 338–339 LinkedIn, 144, 161, 167 Lowe's, 160 M MacKay Radio, 355 Macy's, 300 Maddon, Joe (Tampa Rays), 247 Manpower, 142, 144, 145 March of Dimes, 113 Marcus, Bernie (Home Depot), 29 Marriott, 10, 58 Mary Kay Cosmetics, 13 MassMutual, 119 Mattel, 118 Maurer, Christopher (FirstMerit Bank), 283 Maytag, 21 McDonald's restaurants, 4, 136, 137–138, 144 McDonnell-Douglas Corp., 67 Mercedes, 4 Merck & Co., 11 Merck Pharmaceuticals, 12 Meritor Savings Bank, 74, 75 Merrill Lynch, 22, 277, 278 Microsoft adventure training for employee development, 194 appraisal system, 242 compensation surveys, 270 discrimination lawsuits, 58 Facebook presence, 144 importance of employees, 30 job fair participation, 143
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Company Index predicting labor needs, 117–118 psychological characteristics of founder, 222 Mitsubishi, 74 Monster, 139, 144 Morgan Stanley, 9 Motherwear, 170 Motorola, 90 Mulligan, Tim (San Diego Zoological Society), 231 Myresume.org, 147 MySpace, 183 N Nabisco, 250 Nardelli, Robert (Home Depot), 29 National Cash Register Company (NCR), 97 Nexus, 114 Nokia, 117, 250 Nordstrom, 32 O Occidental Petroleum, 277 Odgers Ray & Berndtson, 142 Oiler, Peter (Winn-Dixie Stores), 107–108 Oracle, 103, 278 Otis Elevator, 250 P Pension Benefit Guaranty Corporation (PBGC), 298 PeopleSoft, 103 PepsiCo, 15 Perdue Farms, 170 Perot Systems, 58 Pfizer, 250 Philadelphia Phillies, 30 Pongoresume.com, 147 Pratt and Whitney, 250 Principal Financial Group, 138, 209, 212 Priority Staffing Solutions, 151–152 Pronovost, Peter (Johns Hopkins University School of Medicine), 205 R Radio Shack, 103 Remington, 4 Ressler, Cali (Best Buy), 111 Right Management, 212 Robert Half International, 167 Royal Dutch/Shell, 4 S San Diego Zoological Society, 231 Sartain, Libby (Yahoo!), 13 Schaub, Marian (FedEx), 81–82 Scott's Miracle Gro, 334 Sears, 15 7-Eleven, 300 Siemens, 4 Singer, 4 Skyline Construction, 275 Smith, William (Boeing), 313 Society of Human Resource Management, 13 Southwest Airlines, 13, 117, 161 Sprint, 30, 300
Standard Oil, 332–333 Starbucks, 31, 192, 265 Steward, David (Catfish Bend Casino), 107 Strakosch, Greg (TechTarget), 52 Struck, Harry (IMC Mortgage), 85 Sullivan, Stacy (Google), 186 Sun Microsystems, 183, 186, 242 Synygy, Inc., 256 T Tampa Rays, 247 Target Corporation, 5, 29, 58 TechTarget, 52 3M, 221 Tindell, Kip (The Container Store), 133 Tovar, David (Wal-Mart), 364 Toyota, 4, 125, 170 Tuschman, Richard (Epstein Becker & Green), 262 TWA, 298 Tyco, 22 Tyson's, 326 U Unilever, 4, 147 United Airlines, 298 United HealthCare, 295 UPS delivery drivers, 313 discrimination lawsuits, 58 employee training, 205–206 401(k) contributions, 300 internal promotions, 137 PDA use, 248 strike against, 341 360-degree appraisals, 250 US Airways, 298 U.S. Postal Service, 313 V Verizon Wireless, 215 Vest, Valarie (Principal Financial Group), 209 VisualCV.com, 147 W Wachovia, 22 Wagoner, G. Richard (GM), 196 Wainstein, Deborah (Priority Staffing Solutions), 151–152 Walgreens discrimination lawsuits, 58 Wal-Mart in China, 78 cost differential organizational strategy, 32 discrimination lawsuits, 58, 76–77 DOL recognition for reemploying veterans, 58 HR service centers, 29 and labor unions, 364 lawsuits of underpaid employees, 265 promotion from within, 215 revenue from foreign operations, 4 strengths and weaknesses, 113
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Company Index Wards Cove Packing Company, 70 Webkinz, 32 Wegmans, 138 Wells Fargo, 22, 194 Whirlpool Corporation, 333, 386n7 Whitman, Meg (e-Bay), 222
Whole Foods Markets, 194 Willyerd, Karie (Sun Microsystems), 183 Winfrey, Oprah (Harpo Productions), 222 Winn-Dixie Stores, 107–108 WorldCom, 22
Y Yahoo!, 13 Yahoo! HotJobs, 139, 144 Young and Rubicam, 226 Z Zappos, 187, 309
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Subject Index A AARP (American Association of Retired Persons), 209, 375n26 absolute standards appraisal methods, 237–241, 248–249, 254 accidents in the workplace, 316. See also OSHA; safe and healthy work sites accommodations. See reasonable accommodations accountability systems for workforce diversity, 12 ACFTU (All-China Federation of Trade Unions), 361, 364 achieved performance outcome appraisals, 243–244 achieved status cultures, 5 acquisitions, 21–22 ADA. See Americans with Disabilities Act ADA Amendments Act (ADAAA—2008), 63 ADEA (Age Discrimination in Employment Act of 1967), 39, 61, 62, 348, 370n19 ADEA (Age Discrimination in Employment Act of 1978), 61, 68, 73, 117, 370n18 administrative services, 40 advance warning prior to formal disciplinary action, 100 adventure training for employee development, 195 adverse (disparate) impact, 61, 79, 137, 370n17, 370n47 adverse (disparate) treatment, 61, 79, 370n47. See also discrimination advertisements for recruiting applicants, 137, 139–141, 150, 152 affirmative action programs, 59–60, 65, 71, 79, 140 AFL-CIO, 360, 365, 389n29 AFL-CIO Union Summer Program, 358 Age Discrimination in Employment Act (ADEA—1967), 39, 61, 62, 348, 370n19 Age Discrimination in Employment Act (ADEA—1978), 61, 68, 73, 117, 370n18 agency shops, 344 age-related BFOQ, 68 aging of the workforce, 11 AIDS and ADA, 63 airline industry, National Mediation Board for, 388n14 airport security screeners, 130, 269 air traffic controllers strike, 356, 357–358, 389n41 Albemarle Paper Company v. Moody, 69–70 Aline v. Nassau County, 63 All-China Federation of Trade Unions (ACFTU), 361, 364 allocation of resources, 30 American Association of Retired Persons (AARP), 209, 375n26 American Management Association, 93–94 American Society for Training and Development (ASTD), 45, 53, 193, 194 Americans with Disabilities Act (ADA—1990) 398
and applicants' medical/physical examination results, 168 application of, 372n5 and drug testing applicants, 91 EEOC enforcement, 73 and job descriptions, 123 and labor unions, 348 overview, 39, 61, 62–63, 79 and performance management, 235 reasonable accommodations, 11, 12, 57, 63, 370n43 undue hardship, 63, 370n28 and veterans with disabling injuries, 57 Antonio, Wards Cove Packing Company v., 70 Apple iPhone, 248 applicant-centered criteria in job ads, 140–141 applicants assessment centers for testing, 160 background investigations of, 165–167, 177 and blind-box ads, 140 drug testing, 90–91, 104–105, 168 job selection decision of, 170 personal job searches, 147–149 pool of candidates, 134 preemployment testing, 160–161 unsolicited, 143 See also interviewing applicants; recruiting; selection process application form analysis, 159–160 application forms, 157, 159–160, 161, 177 appraisals factors that distort, 239–240, 244–247, 251, 255 of international performance, 253, 255 the meeting, 237, 251–252, 255 methods, 237–242 overview, 234 process, 231, 236–237, 244–247, 254 See also feedback appraisers bias and distortion in appraisals, 239–240, 244–247, 251, 255 focusing on the individual, 234–235 focusing on the process, 235 ineffective appraisals, 251 rating selectively, 251 training, 251 using multiple raters, 249–250, 382n37 apprenticeship as employee training method, 191 arbitration for labor-management disputes, 355–356 artistic vocational preference characteristic, 220–221 asbestos, 326 ascribed status cultures, 4–5 assessment centers for applicants, 160, 177 assistance programs as international compensation, 280 assistant-to positions for employee development, 193 ASTD (American Society for Training and Development), 45, 53, 193, 194
Astrue, Michael, 291 attendance problems, discipline for, 101 attribution theory on error in appraisals, 244, 246–247 audit compliance reviews by the OFCCP, 77–78 Australia arbitration in contract bargaining process, 361 HRM practices, 78, 80 individualist culture, 5, 253 minimum wage rates, 280 sexual harassment lawsuits, 74 vacation and holiday leave, 301 Austria, 301 authorization cards for union organizing campaigns, 350 B baby boomers (born 1946–1965), 11, 135, 291 background investigation of applicants, 165–167, 177 bait-and-switch recruitment, 164 Bakke v. The Regents of the University of California at Davis Medical School, 71 balance-sheet approach to international compensation, 279–280, 281 bargaining in good faith, 347 Barlow's, Inc., Marshall v., 316 BARS (behaviorally anchored rating scales), 240–241, 256 base pay for international compensation, 279–280 behavioral interviews, 104 behaviorally anchored rating scales (BARS), 240–241, 256 behavior-based measures of performance, 248 Belgium, 74, 361 benchmark positions, 131 benefits. See employee benefits benefits administrator, 42 benefits offerings, contemporary, 288, 289 "Best Companies to Work For" (Fortune magazine), 3, 133, 138, 209, 309 BFOQ (bona fide occupational qualification) defense against discrimination charges, 68, 159, 370n43 bias and distortion in appraisals, 239–240, 244–247, 251, 255 BlackBerry, 8, 93, 248 blind-box ads, 139–140 blogs and blogging policy, 10 Blue Cross and Blue Shield of Michigan, Toussaint v., 96–97 bona fide occupational qualification (BFOQ) defense against discrimination charges, 68, 159, 370n43 bonuses. See rewards "branding" strategy, employment, 35, 135, 136, 170 Brazil, 77, 175, 253, 357 breach of good faith defense to employmentat-will discharge, 97
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Subject Index broad-banding (pay bands), 275–276 bronchiolitis obliterans, 317 Bureau of Labor Statistics (DOL) on career possibilities, 45, 219 on costs of employee benefits, 288–290 on paid sick leave, 302 on unfilled jobs in 2014, 14 wage data, 270 business necessity defense against discrimination charges, 68 C calm waters vs. white-water rapids metaphor, 195–196 Canada, 5, 78, 334, 361, 364 Canadian Human Rights Act, 78 CareerBuilder.com, 7, 139, 144 career days on school campuses, 143, 176 career development career stages, 214, 216–219 employee development vs., 211, 224 enhancing your career, 223 and job analysis, 125 mentoring or coaching, 198, 206, 213, 215 overview, 36, 210–211, 224 Principal Financial Group's equal career opportunities, 209 value for the individual, 212–213, 214, 224 value for the organization, 211–212, 224 See also careers and career choices; employee development career development program, value of, 210–213 career events, external and internal, 213, 214 CareerOneStop Web site (DOL), 142 careers and career choices career planning, 227–228 choices and preferences, 219–222 entrepreneurs, 222 external career, 213 Holland vocational preferences model, 220–221 HRM as, 45 matching your desires and skills, 219–222, 223, 224 Myers-Briggs Type Indicator, 221–222 overview, 209–210, 213, 224 Schein anchors, 221 career stages, 214–219, 224 carpal tunnel syndrome, 328 cars. See rewards case-study analysis for employee development, 194–195 Casey-Kirschling, Kathleen, 291 CBS news program, 60 Minutes, 111 CDC (Center for Disease Control), 63, 335 CDHPs (consumer-driven health plans), 295 Center for Disease Control (CDC), 63, 335 central tendency error in appraisals, 244, 245–246 CEO's role in orientation, 187–188, 203 change agents, 41, 111, 195, 197–198, 203 Change to Win unions, 358 chaplains in the workplace, 327 checklist appraisal, 238 checklists, 205 China collectivist culture, 253 expatriates' healthcare in, 335
399
HRM practices, 78 performance metrics in, 254 unionization in, 361 Wal-Mart and unions in, 364 women in senior management, 175 Chinese Labor Contracts Law, 78 CIP (Community Internship Program), 205–206 City of Boca Raton, Faragher v., 74, 371n82 Civil Rights Act (1866), 39, 58 Civil Rights Act (1964), 39, 59–61, 79, 159. See also Title VII of the Civil Rights Act Civil Rights Act (1991) and Alaska salmon canneries labor practices, 70 EEOC enforcement, 73 and interviewing applicants, 159 jury trials for cases filed under, 369n7 maximum reward under federal act, 371n80 overview, 39, 61, 63–64 Civil Service Reform Act (1978), 349, 362 classification method of job evaluation, 268–269 Clinton, Bill, 389n41 closed union shops, 347, 388n8 CNN's top 25 innovations list, 5–6 coaching employees, 198, 206, 213, 215. See also career development COBRA (Consolidated Omnibus Budget Reconciliation Act of 1986), 39, 296–297 code of ethics, 23 collective bargaining, 273, 342–343, 351–356, 362–363, 389n29 collectivist cultures, 5, 253 colleges, recruiting from, 142–143 Columbia (country), 5 committee assignment for employee development, 193 communication about pay structure, 273 anticipating conflicts, 18 defining inappropriate material, 8–9 and employee retention, 37–38 of expectations, 236 and globalization, 6 technology's effect on, 8 communications programs, 37–38, 43–44 Communications Workers, 357 Community Internship Program (CIP), 205–206 comparable worth issue, 76–77 compensation. See employee compensation compensation administration, 264–267, 281 compensation and benefits area of HR department, 40, 42 compensation surveys, 270 competency-based compensation, 275–276, 281 competency tests, U.S. Supreme Court ruling on, 59 competitive intelligence, 114 comprehensive selection approach, 168–169 compressed work week schedules, 126 conciliation and mediation, 355 concurrent validity of selection activities, 172–173, 377n43 conditional job offers, 165, 179 Connecticut v. Teal, 66, 70 consistent disciplinary actions, 100 Consolidated Omnibus Budget Reconciliation Act (COBRA—1986), 39, 296–297
constraints leading to stress, 328–329 constraints on recruiting efforts, 135–136, 149 construct validity of selection activities, 172 consultants, 17, 48, 145–146, 197–198 consumer-driven health plans (CDHPs), 295 Consumer Price Index (CPI), 272 Consumer Product Safety Act, 92 Content Model of O*NET, 121–122 content valid selection activities, 171 contingent workforce, 15–18, 24 continuous improvement programs, 18–20, 23–24 contract administration, labor, 353–354 contractual relationship between employee and employer, 96 contract workers, 15 control group method of pre–post-training performance evaluation, 201 controlling aspect of management, 30, 31 conventional vocational preference characteristic, 220–221 core competency, 113 core employees, 16, 17–18 core-plus options flexible benefits plans, 306 corporate ethicist, 49. See also ethical issues corporate greed, 49–50 corporate image, 135 corrective action, 237 corrective vs. punitive discipline, 99 correlation coefficients, 173, 377n44 cost differential organizational strategy, 32–33 cost of living, 272, 280 cost-of-living raises, 274 counseling employees, 108–109, 333. See also career development; employee assistance programs co-worker feedback, 257 co-worker mentoring, 215 CPI (Consumer Price Index), 272 credit references, 165 criminal records, checking, 166 criterion-related validity of selection activities, 172 cross-cultural training and development, 201–202, 203 cultural environments, 4–5, 23, 201–202, 203, 253. See also organization culture Curriculum Vitae (CV). See résumés customer intimacy organizational strategy, 32–33 customer/market focus organizational strategy, 32–33 customers, 18 cut scores and labor supply, 172, 173–174, 377n45 CV (Curriculum Vitae). See résumés cyberloafing, 330 D Davis, Washington v., 59, 70 Davis-Bacon Act (1931), 39 decentralization of work sites, 8 deferred compensation, 278 defined benefit retirement plans, 299 defined contribution retirement plans, 299 demand for workers, 219 demands leading to stress, 328–329
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Deming, W. Edwards, 18, 40 Denmark, 301, 362 Department of Labor. See U.S. Department of Labor Dependent Care Flexible Spending Account, 305, 306 development vs. training, 190. See also employee development; organization development diary method of job analysis, 120 Dictionary of Occupational Titles (DOL), 121 differentials for international compensation, 279–280 dilution effect of organization-wide incentives, 275 disability accommodations, 11, 12, 57, 63, 370n43 disability insurance programs, 300, 302–304, 308, 310, 386n56–57 disciplinary problems, 101 discipline disciplinary actions, 101–104 disciplinary process, 43 dismissal as, 103–104, 105, 107 guidelines, 99–101, 108–109 historic practices, 99 manager preparation for disciplining, 98–99 overview, 97, 105 disclaimer for employee handbook, 189 discrete vs. comprehensive selection process, 168–169 discrimination adverse impact, 61, 79, 137, 370n17, 370n47 adverse treatment, 61, 79, 370n47 against bankruptcy filers, 87 English-only policy, 72 guarding against charges, 65–69, 79 pay secrecy policies for hiding, 261 in recruiting advertisements, 137 responding to charges, 67–69 reverse discrimination, 58–59, 71 and salary negotiation, 262 sex discrimination lawsuits, 107–108 terminations leading to discrimination lawsuits, 103, 371n57 See also equal employment opportunity; protected group members dishonesty, discipline for, 101 dismissal as a disciplinary action, 103–104, 105, 107 dismissals and labor supply predictions, 118 disparate (adverse) impact, 61, 79, 137, 370n17, 370n47 disparate (adverse) treatment, 61, 79, 370n47. See also discrimination distortion and bias in appraisals, 239–240, 244–247, 251, 255 diversity awareness, 12, 25–26, 72, 212. See also workforce diversity/composition documentation of performance appraisal process outcomes, 233 documents that establish identity, 166 DOL. See U.S. Department of Labor domestic partner benefits, 288, 290 DOT (U.S. Department of Transportation), 87 downsizing, 15, 118, 119. See also layoffs Drake University, 242 Drucker, Peter, 6, 40
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Subject Index Drug-Free Workplace Act (1988), 87–88, 90, 104 drug testing, 87–88, 90–91, 104–105, 168 dues check off, 344, 345 Duke Power Company, Griggs v., 59, 63, 69, 70, 79 Dukes v. Wal-Mart, 76–77 E EAPs (employee assistance programs), 326, 327, 332–334, 337, 388n59 economic strikes, 354–355 educational accomplishments of applicants, 165 EEO. See equal employment opportunity EEOA (Equal Employment Opportunity Act of 1972), 59, 61, 79, 233, 370n12 EEOC. See Equal Employment Opportunity Commission EEOC, Sheetmetal Workers Local 24 v., 70 EFCA (Employee Free Choice Act), 364 Electronic Monitoring and Surveillance Survey (AMA), 94 electronic surveillance, ethics and, 7 Ellerth lawsuit for sexual harassment, 75, 371n82 El Salvador, 280 e-mail, inappropriate material in, 8–9 emergency plans for traveling, 334 empathy as a cultural value, 5 employee/employees attitudes of, 3, 19–20 benefits of hiring elderly workers, 145 conflict avoidance, 5 controlling off-work behavior, 9 counseling for, 108–109, 333 cyberloafing, 330 FLSA protections, 39, 265, 266 frustration from lack of opportunities, 212 independent contractors vs., 17 knowledge workers, 6, 7–8, 16 in learning organizations, 199 management respect for, 37 mentoring or coaching for, 198, 206, 213, 215 percent participating in employee benefits, 289 predicting attrition rate, 117–118 as recruiters, 133 risk of violence, 325–326, 337 skill level and demands, 13 substance abuse costs, 91 waiving right to review information, 86 waiving right to sue for wrongful termination, 104 work/life balance, 13–14, 25, 135, 212, 304 See also labor unions; performance standards; socialization employee and labor relations HRM skills area, 53 employee assistance programs (EAPs), 326, 327, 332–334, 337, 388n59 employee benefits compensation department separate from, 369n25 core workers vs. contingent workers, 17–18 costs of providing, 288–290, 384n9 disability insurance programs, 300, 302–304, 303–304, 308 flexible benefits systems, 305–307, 308, 309–310 at Genentech, 309 informal groups as, 40 legally required benefits, 290–293, 302
on-site health clubs, 42 overview, 42, 288, 294, 307–308 paid time off, 300–304 pension plans, 297–298, 299, 385n38 providing new hires with information, 188 retirement benefits, 297–300, 307 sick leave, 300, 301, 302–303, 386n58 survivor benefits, 304 technology's effect on, 8 vacation and holiday leave, 300–302, 308 voluntary benefits, 293–297, 302 work/life balance and flexibility, 13–14, 25, 135, 212, 304 See also career development; motivation employee burnout, 331–332, 337 employee compensation benefits department separate from, 369n25 executive programs, 277–279 incentive plans, 273–275 and job analysis, 125 and job description, 123, 124 job evaluation and pay structure, 267–273, 281 and labor unions, 343 overview, 281 pay secrecy, 261 performance-based, 37, 231, 235, 273–276, 283, 284 salary negotiation and discrimination, 262 team-based compensation, 276–277 value of non-salary compensation, 289 well pay, 303 See also employee benefits; rewards employee complaints and OSHA, 316 employee development appraisal meeting as tool for, 252 career development vs., 211, 224 evaluating effectiveness, 199 methods, 192–194 as one aspect of training and development, 36 overseas assignment as part of, 202 overview, 191 and performance evaluation, 232–233 and 360-degree appraisals, 250 training vs., 190 See also employee training; training and development Employee Free Choice Act (EFCA), 364 employee handbook, 188–189, 203 employee involvement in appraisals, 250, 255 in cost-saving and productivity efforts, 358–359 decentralized work sites vs., 8 in developing a safer workplace, 323, 336 overview, 20–21, 24 for placement in a foreign country, 49 responsibility for time management, 52 and upward flow of communication, 43–44 employee-involvement programs, 359 employee leasing, 145, 150 employee monitoring, 93–94, 105 employee performance compensation based on, 37, 231, 235, 273–276, 283, 284 goal setting and, 243–244 inappropriate substitutes for appraisals, 244, 246 See also performance management systems
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Subject Index Employee Polygraph Protection Act (1988), 88, 89, 90, 104, 372n5 employee referrals and recommendations, 133, 138–139, 149–150 employee relations (ER), 40, 42–44. See also communication; motivation employee relations area of HR department, 40, 42–44 employee relations representatives, 43 employee retention cash incentives, 130, 273–276, 283 contingent workers, 16–17, 24 with equal career opportunities for women, 209 as HRM maintenance function, 37–38 internal recruiting efforts, 137–138, 213, 214, 264 with on-site health club, 42 overview, 115 See also employee compensation; motivation; rewards; turnovers and turnover rates Employee Retirement Income and Security Act (ERISA—1974), 39, 297–298, 307 employee rights and discipline, 97–104 employment-at-will doctrine, 95–97, 105 legislation on, 86–90 monitoring and workplace security, 93–94, 105 review procedures for employee files, 86–87 and whistle blowing, 49, 92–93 workplace romance, 94–95 See also employee testing; privacy employee rights legislation, 388n59 employee selection. See interviewing applicants; selection process employee services, 304 employee testing drug testing, 87–88, 90–91, 104–105, 168 honesty tests, 92, 105, 108 polygraph tests, 88, 89, 90, 104, 372n5 preemployment testing, 160–161, 171–175 reliability and validity of tests, 171–175, 376n40 employee training for appraisers, 251 costs of, 194 determining needs, 191 development vs., 190 and EEO, 190 evaluating effectiveness, 199–201 methods, 191, 192 as one aspect of training and development, 36 overview, 203 See also employee development; training and development employer assistance program, U.S. Department of Veterans Affairs, 57 employer-oriented health coverage, 296 employers avoiding hiring mistakes, 169 bankruptcy of, 88 dues check off for union convenience, 344, 345–346 employer-funded health insurance, 296, 385n32 and health care coverage costs, 296
401
legally required employee benefits, 290–293, 302 OSHA assistance, 320, 323–325, 336 policy on online searches for learning about job applicants, 161 responsibility for employee abuses, 93, 94 unemployment compensation taxes, 292, 307, 384n14 voluntary employee benefits, 293–297, 302 See also health insurance; labor-management relations employment agencies, 140, 142–143 employment area of HR department, 40–41. See also job analysis; selection process employment-at-will doctrine, 95–97, 105 employment "branding" strategy, 35, 135, 136, 170 employment planning, 34–35. See also human resource planning employment statistics, internal, 44 encounter socialization stage, 186 English-only policy, 72 enterprising vocational preference characteristic, 220–221 entrepreneurial enterprises, 48, 51, 57 entrepreneurs, 222 ePolicy Institute, 94 equal employment opportunity (EEO) affirmative action plans, 60–61, 65, 71, 79, 140 comparable worth vs. equal pay, 76–77 and correlation coefficients, 173, 377n44 and employee training, 190 enforcement of, 72–74 federal legislation on, 58–59, 61–65 guarding against discrimination practices, 65–69 and job advertisements, 137 and labor unions, 348 overview, 79–80 and performance management, 233, 235 responding to charges, 67–69 for veterans, 57–58 for women, 209, 215 See also protected group members; sexual harassment; Title VII of the Civil Rights Act Equal Employment Opportunity Act (EEOA—1972), 59, 61, 79, 233, 370n12 Equal Employment Opportunity Commission (EEOC) and applicants' information on social networking sites, 161 and complaints from teenagers, 76 creation of, 59 discrimination lawsuits against, 58 English-only policy settlement, 72 4/5ths rule, 66, 67, 370n38 and interview questions, 158 lawsuit against Abercrombie & Fitch, 81 on promotion-from-within, 138 referral of claims to state agencies, 371n61 role of, 72–73 sexual harassment guidelines, 74 and terminations leading to discrimination lawsuits, 103, 371n57 Uniform Guidelines on Employee Selection Procedures, 66, 69–70
Equal Pay Act (1963), 39, 73, 75–78, 267 ER (employee relations), 40, 42–44. See also communication; motivation ergonomics, 328 ERISA (Employee Retirement Income and Security Act of 1974), 39, 297–298, 307 ESL programs, 3 ethical issues AIG bonuses after bailout, 22 competitive intelligence gathering, 114 discrimination against obese and smokers, 334 employee monitoring, 94 executive compensation, 278 invasion of privacy, 9 mentoring programs for women and minorities, 215 in OD interventions, 197 of performance appraisals, 233 salary negotiation and discrimination, 262 sick leave, 302 stress interviews, 163 striker replacement dilemma, 356 withholding information, 45 ethics guidelines, 26 HRM's role, 49–50 importance of, 24 overview, 22–23 and Sarbanes-Oxley Act, 49 technology's effect on, 7 European Community and labor relations systems, 362 executive compensation programs, 277–279, 281 Executive Order 10988, 349, 362 Executive Order 11246, 60, 61, 65, 73–74 Executive Order 11375, 61, 65 Executive Order 11478, 61, 65 Executive Order 11491, 349, 362 executive recruiters, 142 executive-search firms, 139, 142 exempt employees, 265 expatriates company responsibility for, 49 compensation plans, 279–281 cross-cultural training and development, 201–202, 203 health issues, 335 ideal candidates, 175 international performance appraisals, 253, 255 and labor-relations process, 361 local laws on number allowed, 147 repatriation process, 202 safety issues, 336 See also globalization experience requirements per O*NET, 122 external and internal career events, 213, 214 external career, 213 external influences on HRM, 38–40, 50 external influences on wage structure, 272–273 external recruiting searches, 139–143 extrinsic vs. intrinsic rewards, 262–263 F FAA (Federal Aviation Administration), 62 fact-finding impasse-resolution technique, 355
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Fair Credit Reporting Act (1971), 87, 90 Fair Labor Standards Act (FLSA—1938), 39, 265, 266 Family and Medical Leave Act (FMLA—1993) applicability of, 48 DOL on fifty-employee threshold, 370n30 as employee benefit, 293 and labor unions, 348 overview, 39, 61, 63–64, 79 family-friendly employee benefits, 304 Faragher v. City of Boca Raton, 74, 371n82 FBI (Federal Bureau of Investigation), 88 Federal Aviation Administration (FAA), 62 federal contracts, 61, 65, 73–74, 77–78, 265, 369n10 Federal Labor Relations Authority (FLRA), 261, 349, 389n24 Federal Labor Relations Council (FLRC), 349 federal legislation on compensation, 265–267 effect on HRM, 38, 39 employee rights, 86–90 and employment-at-will doctrine, 96 equal employment opportunity, 58–65 on government labor relations, 389n18 as influence on recruiting process, 136 overview, 58 See also specific acts Federal Mediation and Conciliation Service (FMCS), 347 Federal Unemployment Tax (FUTA), 292, 307, 384n14 feedback in appraisal meeting, 252 as communications program tool, 44 from co-workers, 257 in MBO program, 243 as part of performance management system, 249 for 360-degree appraisals, 250 See also appraisals; performance management systems FICA taxes, 384n12, 384n14. See also Medicare taxes; Social Security taxes financial practicality of HRM, 46 financial vs. nonfinancial rewards, 263 Firefighters Local 1784 v. Stotts, 70, 71 firing as a disciplinary action, 103–104, 105, 107 first-aid kit for traveling, 335 flexible benefits systems, 305–307, 308, 309–310 flexible spending accounts, 305–306 flexible work schedules, 126–127, 128, 135 FLRA (Federal Labor Relations Authority), 261, 349, 389n24 FLRC (Federal Labor Relations Council), 349 FLSA (Fair Labor Standards Act of 1938), 39, 265, 266 FMCS (Federal Mediation and Conciliation Service), 347 FMLA. See Family and Medical Leave Act Follet, Mary Parker, 40 forced-choice appraisals, 239–240, 242 Forklift Systems, Inc., Harris v., 75 Forrester Research, 10 Fortune 500 companies' sexual orientation policies, 58
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Subject Index Fortune magazine's "Best Companies to Work For," 3, 133, 138, 209, 309 Fortune management, 138 4/5ths rule of EEOC, 66, 67, 370n38 401(k)s, 300 Fourteenth Amendment to the Constitution (1868), 58 France, 253, 280, 361, 362 freezing and unfreezing the status quo, 195–196 Friedman, Thomas (The World Is Flat), 5–6 FUTA (Federal Unemployment Tax), 292, 307, 384n14 G GATB (General Aptitude Test Battery, DOL), 175 Gateway Coal v. United Mine Workers, 386n7 gender-related BFOQ, 68 General Aptitude Test Battery (GATB—DOL), 175 General Duty Clause of OSHA, 314 generalists. See human resource generalists Gen Xers (born 1961–1981), 13, 135 Gen Yers (born 1982–early 2000), 13, 135, 248 geographical comparisons of minorities to nonminorities in a company, 67 geographic differences and wage structure, 272 Germany HRM practices, 78–79, 80 John Deere tractors made in, 4 labor negotiations, 361, 362 management's base pay, 279 minimum wage in, 280 paid time off, 301 women in the work force, 12 glass ceiling, 77, 80, 215 Glass Ceiling Act (1991), 63 Glass Ceiling Commission, 77 globalization and competitive intelligence, 114 cross-cultural training and development, 201–202, 203 eras over last 500 years, 6 and HRM, 48–49, 78–79, 80 international compensation plans, 279–281 international performance appraisals, 253, 255 and labor contracts, 357 offshoring, 21 and organizational strategies, 31 overview, 4–5 and preemployment testing, 160–161 and recruiting, 146–147 and safety/health issues, 334–336 safety issues, 335 and selection process, 175 transnational corporations, 4, 367n7 See also expatriates; multinational corporations goal setting for career development program, 210 and management, 30 in MBO programs, 243 pay-for-performance objectives, 284 SWOT analysis, 113, 114, 373n14 for team performance, 250 training goals, 192 for validity of performance appraisals, 232 golden parachute, 279 Goodyear Tire & Rubber Co., Ledbetter v., 261
government contractors, 61, 65, 73–74, 77–78, 265, 369n10 government influence on recruiting process, 136 government-labor relations air traffic controllers strike, 356, 357–358, 389n41 country-based perspectives, 361 and Executive Order 10988, 349 legislation on, 389n18 no strike clauses, 389n19 overview, 359 government monitoring of collective bargaining, 352 graphic rating scale appraisal, 238–239 graying of the workforce, 11 Great Britain, 5 Green, McDonnell-Douglas Corp. v., 67 Gregory, David, 358 grievance procedures, 38, 42–43, 354, 363 Griggs v. Duke Power Company, 59, 63, 69, 70, 79 group incentives, 274 group interview method of job analysis, 120 group order ranking appraisal, 241 group term life insurance, 304 H Hackman, J. Richard, 125–126 halo error in appraisals, 244, 245 harassment issues and complaints, 74–75, 77, 79, 82–83 Harris v. Forklift Systems, Inc., 75 Harvard Graduate School of Business, 194–195 Hawthorne studies, 40, 369n21 hazard prevention and control, 324–325 HCI (Watson Wyatt's Human Capital Index), 46 HCNs (host-country nationals), 147, 253, 279 headhunters, 142 Health Care Amendments to Wagner Act (1974), 389n16 Health Care Flexible Spending Account, 305–306 healthcare industry, 347–348, 360. See also health insurance health hazards, 316. See also OSHA; safe and healthy work sites health insurance employer-funded, 296, 385n32 and FMLA leaves, 64 and Michelle's Law, 287 and obesity or smoking, 334 options, 295–297 overview, 293–295 percentage of employers offering, 293 Health Insurance Portability and Accountability Act (HIPAA—1996), 297, 388n59 Health Maintenance Organization Act (1976), 39 Health Maintenance Organizations (HMOs), 295 Herzberg, Frederick, 125 HIPAA (Health Insurance Portability and Accountability Act of 1996), 297, 388n59 hiring, 33–35, 40–41, 50, 146. See also job analysis process; selection process hiring bonus, 278 hiring halls as quasi-closed shop arrangement, 388n8 Hispanic workers and OSHA, 317
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Subject Index HIV and ADA, 63 HMOs (Health Maintenance Organizations), 295 Hoger, Rev. Louis "Lou," 327 holiday and vacation leave, 300–302, 308 Holland Occupational Themes, 220 Holland vocational preferences model, 220–221 home-country nationals, 147 honesty tests, 92, 105, 108 Hong Kong, 175, 334, 357 Honolulu Police Department, 151 host-country nationals (HCNs), 147, 253, 279 hostile environment harassment, 74–75, 77 hot-stove rule, 100, 101, 105 HRCI (Human Resource Certification Institute), 45, 53 HRIM (Human Resource Management Information Systems), 7 HRIS (human resource information systems software), 115–116, 128 HRM. See human resource management HRO (human resource outsourcing) organizations, 47 Human Capital Index (HCI), 46 human resource certification, 45, 53 Human Resource Certification Institute (HRCI), 44, 53 human resource department structure compensation and benefits, 42 employee relations, 42–44 employment area, 40–41 overview, 40, 51 training and development area, 41–42 trends and opportunities, 47–48 human resource development HRM skills area, 53 human resource generalists ad for, 140 assignment to business units or divisions, 29, 48 balancing specialist and generalist competencies, 223 overview, 45, 51 salary level, 41 in small businesses, 48 human resource information systems software (HRIS), 115–116, 128 human resource inventory, 115–116 human resource management (HRM) anticipating discrimination charges, 66–67 balancing specialist and generalist competencies, 223 as career choice, 45 coaching employees, 198, 206 external influences, 38–40, 50 negotiation skills, 365 and organizational strategy, 32–33 overview, 23–24, 46, 50–51 personnel department vs., 31–32 responsibility to new hires, 188–189 salaries, 41 value added, 46 See also layoffs human resource management (HRM) functions assessing current HR, 115–116 career development program, 210–213 collective bargaining, 273, 342–343, 351–356, 362–363, 389n29
403
developing a safety and health program, 337 firing employees, 103–104, 105, 107 harassment-related, 82–83 maintenance, 33–34, 37–38, 50 in multinational corporations, 48–49, 51 overview, 33–35 staffing, 33–35, 40–41, 50, 146 See also job analysis process; motivation; selection process; training and development Human Resource Management Information Systems (HRIM), 7 human resource management practices and employee involvement, 20–21 and implied employment contracts, 97, 189 and mergers or acquisitions, 22 technology's effect on, 6–9, 23, 37 and workforce diversity, 12–13 human resource planning and job analysis, 125, 127 and labor supply and demand, 117–119 organizational framework, 112–114 and organizational strategy, 115–117 overview, 112, 127–128 See also job analysis; motivation; organizational strategies human resource specialists balancing specialist and generalist competencies, 223 BARS for, 240 benefits, 310 employee relations, 43 employment, 41 employment planning, 34 labor union relations, 354 organizational development, 41–42 overview, 45 recruiting, 35 in shared service centers, 48 I identity, establishing, 166 Immigration Reform and Control Act (1986), 39 imminent danger, 314, 316 impasse-resolution techniques for labormanagement disputes, 355–356, 363 impersonal application of disciplinary actions, 100 implied employment contract, 96–97, 189 import tariffs and performance evaluations, 253 impression management, 163 IMPROSHARE (Improving Productivity through Sharing), 274–275 inappropriate substitutes for performance error in appraisals, 244, 246 incentive compensation plans, 273–275 incentives for international compensation, 280 incidence rate of injuries, 317, 386n10 independent contractors. See consultants India, 5, 21, 280, 301 individual incentive compensation plans, 273–274 individual interview method of job analysis, 120 individualist cultures, 5, 253 individual ranking appraisal, 241 individual retirement accounts (IRAs), 299–300 individual vs. organizational career development, 211
indoor air quality, 326–327 industry safety standards, 314, 324 inflationary pressures error in appraisals, 244, 246 information sources, 44 information technologists in the labor market, 6 initial screening of applicants, 156–157 inspection priorities of OSHA, 314, 316 integrative perspective of employee benefits, 305–307, 308 integrity tests, 92, 105, 108 interest arbitration impasse-resolution technique, 355–356 intergroup development, 198 internal and external career events, 213, 214 internal change agents, 41, 111, 195, 197–198, 203. See also training and development internal organizational policies and recruiting, 136 internal recruiting efforts, 137–138, 213, 214, 264 internal resources, 113, 117–118 Internal Revenue Code (IRC), 305 Internal Revenue Service (IRS) auditing employee access to taxpayers' accounts, 9 on employee vs. independent contractor, 17 I-9 form for new hires, 166 on medical coverage after divorce, 385n35 regulations on executive salaries, 278, 384n54 international compensation plans, 279–281 international diversity, 14 international issues. See globalization International Longshore and Warehouse Union labor dispute, 347 international performance appraisals, 253, 255 international unions, 360, 361, 389n29 Internet online recruiting, 143–144, 150, 161 virtual job fairs, 143 Web-based appraisal system, 231 See also Web sites internship as employee training method, 191, 205–206, 223 interpersonal demands leading to stress, 330 interviewing applicants acceptable and unacceptable questions, 158 effectiveness of interviewer, 162, 180 initial screening, 156–157 interview issues, 162–164 overview, 161–162, 177 and realistic job previews, 164–165, 177, 186 stress interviews, 163 unbelievable applicant responses, 155 See also résumés; selection process interview methods of job analysis, 120 intrinsic vs. extrinsic rewards, 262–263 invasion of privacy issues, 9 investigative vocational preference characteristic, 220–221 i-Phone, 8, 93, 248 IRAs (individual retirement accounts), 299–300 IRC (Internal Revenue Code), 305 Ireland, 74 IRS. See Internal Revenue Service Israel, 342 Italy, 253, 302, 342
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J Jackson Board of Education, Wyant v., 70, 71 Japan collectivist culture, 5, 253 and Deming's method for improving quality, 18 and employee health and welfare, 334 executive compensation, 278 karoshi, 329 minimum wage rates, 280 sexual harassment lawsuits, 74 unionization in, 361, 362 vacation and holiday leave, 301 women in managerial positions, 77, 175 Japanese Confederation of Shipbuilding and Engineering Workers' Union, 361 job analysis nature of, 124–125, 128 organizational framework and, 113–114 overview, 120, 128, 131 purpose of, 123–124 structured techniques, 121–123 job analysis process compensation determination, 42 importance of, 35 and job advertisements, 140 methods, 120–123, 128 and motivation, 37 overview, 124–125 technology considerations, 37 job attractiveness and recruiting, 136 job choice studies, 170 job descriptions, 123, 124, 128 job design, 125, 127 job elements per PAQ, 123 job enrichment, 125–126, 128, 262 job evaluation and pay structure, 267–273, 281 job fairs, 143, 176 job offers, 165, 168, 179 job rotation, 191, 193 job searches, personal, 147–149 job security and labor unions, 343 job sharing, 126 job specifications, 123, 128 Johnson v. Santa Clara County Transportation Agency, 70, 71 Juran, Joseph, 18 J. Weingarten, Inc., NLRB v., 101 K kaizen, 18 karoshi, 329 Kennedy, John F., 349 Kirkpatrick's Model, 200 knowledge, skills, and abilities (KSAs), 33 knowledge management, 199, 203 knowledge workers, 6, 7–8, 16 KSAs (knowledge, skills, and abilities), 33 L Labor and Management Reporting and Disclosure Act (1959), 348–349 labor contract administration, 353–354 labor demand, determining, 117. See also labor supply and demand labor legislation, 346–349 labor-management relations bargaining in good faith, 347
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Subject Index collective bargaining, 273, 342, 350–356, 362–363, 389n29 cooperation, 358–359 in European Community, 361 international practices, 360–362 and job analysis, 125 overview, 362–363 union drive rules, 351 See also government-labor relations; labor unions; strikes labor supply contingent workforce, 15–18, 24 current demand for workers, 219 cut scores and, 172, 173–174, 377n45 predicting, 117–118 rightsizing, 15 skilled labor shortage, 14, 23 labor supply and demand and executive salaries, 278 geographic shift, 6 matching flow of, 118–119 and wage structure, 272 labor unions AFL-CIO, 358, 360, 389n29 in Australia, 78 closed shops, 347, 388n8 control of labor supply, 143 current critical issues, 356–360 employee relations vs. labor relations, 42–43 and equal employment opportunity, 348 Gateway Coal v. United Mine Workers, 386n7 grievance procedures, 38, 42–43, 354, 363 and layoff decisions, 119 means of unionizing, 389n26 membership trends, 342–346, 356–357, 360 in Mexico, 78 organizing campaign, 349–351, 362 overview, 38, 50, 342–343 protection from employment-at-will doctrine, 96 public-sector unionization, 359 reasons employees join, 343–346 representation in disciplinary meetings, 101 security arrangements, 343–346, 363 Service Employees International Union, 360, 389n29 unfair labor practices, 346–347, 358–359 unionizing employees, 349–351 and unsafe working conditions, 316 See also government-labor relations; labormanagement relations; strikes Landrum-Griffin Act (1959), 39, 348–349 Latina Style magazine, 209 Lawler, Ed, 261 laws and regulation. See federal legislation; state legislation lawsuits for reverse discrimination, 58–59 for sex discrimination, 107–108 for terminations, 103, 371n57, 386n7 layoffs disciplinary, 102–103 and labor supply predictions, 118 making the decision, 52–53, 119 methods, 16 from offshoring, 21 overview, 118
resulting from shared services structure, 29, 48 and seniority systems, 68–69 during shortages, 15 leading aspect of management, 30, 31 learning organizations, 199, 203, 379n57 leased employees, 145, 150, 375n28 lectures and seminars, 191, 193 Ledbetter v. Goodyear Tire & Rubber Co., 261 legal issues, technology-related, 8–9 legal status to work in the U.S., 165, 166 legislation. See federal legislation; state legislation leniency error in appraisals, 244–245 Lewin, Kurt, 195 Lewin's change process, 195–196 lie-detector tests, 88, 89, 90, 104, 372n5 Lilly Ledbetter Fair Pay Act (2009), 212 lockouts vs. strikes, 354–355 long-term disability plans, 303–304, 310 low appraiser motivation error in appraisals, 244, 245 M MacKay Radio, NLRB v., 356 maintenance function of HRM, 33–34, 37–38, 50 maintenance of union membership, 344, 345 Malaysia, 175 management and CIP program at UPS, 205–206 as coach, 198 commitment to communications program, 43 commitment to safety, 323 coping with harassment training, 82–83 corrective action by, 99, 237 counseling employees, 108–109, 333 as employees' information source, 44 and exempt employees, 265 favoritism, 100 human resource responsibilities of, 33–34, 115 identifying troubled employees, 326 IRS regulations on executive salaries, 278, 384n54 overview, 30, 31 and participative goal setting, 243 perquisites for, 42, 279, 369n28 preparation for disciplining employees, 98–99 respect for workers, 37 training from OSHA, 320, 323, 325 unfair labor practices, 346–347, 358–359 U.S. vs. Chinese focus, 254 See also appraisals; labor-management relations; performance management systems management by objectives (MBO), 243–244, 254, 381n24 management consulting firms, 142 management thought, 39–40 mandatory issues in collective bargaining, 352 Mandatory Retirement Act (1978), 39 market-driven units, 48, 369n48 market focus/customer organizational strategy, 32–33 Marketplace Chaplains, 327 Marshall, Whirlpool Corporation v., 386n7 Marshall v. Barlow's, Inc., 316
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Subject Index Maslow, Abraham, 263 materialism as a cultural value, 5 material safety data sheets (MSDS), 321–322, 324, 325 Mayo, Elton, 40 MBO (management by objectives), 243–244, 254, 381n24 MBTI® (Myers-Briggs Type Indicator), 221–222 McDonnell-Douglas Corp. v. Green, 67 McDonnell-Douglas test, 67 MD (representation decertification) initiated by management, 350–351 medical examination of prospective employees, 167–168 Medicare taxes, 290–291, 384n14 membership-based vs. performance-based rewards, 263–264 memory retention in interviews, 163 mentoring/coaching employees, 198, 206, 213, 215. See also career development mentoring co-workers, 215 mergers, 22 Meritor Savings Bank v. Vinson, 74, 75 merit pay, 273, 274 metamorphosis socialization stage, 186 Mexican Federal Labor Law, 78 Mexico, 74, 78, 80, 253, 357, 361 Michelle's Law (2008), 287 Middle Eastern countries, 175 minimum wage rates, 265–267, 280 mission statement, 112–113 MNCs. See multinational corporations modular plan of flexible benefits, 306 money purchase pension plan, 299 Monster, 144 Monster.com, 139, 144 Moody, Albemarle Paper Company v., 69–70 Morse, AnnMarie, 287 Morse, Michelle, 287 motivation as CEO's role in orientation, 187–188 for contingent workers, 16 and cost control, 275 employee incentives as, 133, 138–139, 273–275 flexible work schedules, 126–127 as HRM function, 33–34, 36–37, 50 job enrichment model, 125–126, 128 overview, 37 promote-from-within policy, 137–138 ROWE program at Best Buy, 111–112, 126–127 technology's effect on, 7–8 and timely appraisals, 231, 232 See also employee benefits; employee compensation; rewards motivation theories, 263 MSDS (material safety data sheets), 321–322, 324, 325 MSDs (musculoskeletal disorders), 328 multilingual temporary workers, 151–152 multimedia learning, 191 multinational corporations (MNCs) assistance programs for expatriates, 280 complexity of HRM functions, 48–49, 51 emergence of, 6 and labor relations, 361–362 overview, 4, 367n7 See also expatriates; globalization
405
multiple appraisers, 249–250, 382n37 Munsterberg, Hugo, 40 musculoskeletal disorders (MSDs), 328 Myers-Briggs Type Indicator (MBTI®), 221–222 N NAFTA (North American Free Trade Agreement), 21 Nassau County, Aline v., 63 National Association of Female Executives, 209 National Conference of State Legislatures (NCSL), 287 National Emphasis Program (NEP), 317 National Football League, 356 National Hockey League lockout, 341, 351 National Institute for Occupational Safety and Health (NIOSH), 324 National Labor Relations Act (NLRA—1965), 261, 358 National Labor Relations Board (NLRB), 101, 346, 350, 358–359, 389n26 National Mediation Board for railroad and airline industries, 388n14 national origin-related BFOQ, 68 National Right to Work Committee, 344 NCSL (National Conference of State Legislatures), 287 negative leniency errors, 244–245 negligent hiring, 167 negotiation skills, 365 NEP (National Emphasis Program), 317 The Netherlands, 5, 74 networking, 149 networking Web sites, 144, 161, 167 network plans, 295, 385n29 new-employee orientation, 186–189 New York Times, 139 New Zealand, 5, 74 NIOSH (National Institute for Occupational Safety and Health), 324 Nixon, Richard, 349 NLRA (National Labor Relations Act of 1965), 261, 358 NLRB (National Labor Relations Board), 101, 346, 350, 358–359, 389n26 NLRB v. J. Weingarten, Inc., 101 NLRB v. MacKay Radio, 356 no-fraternization policies, 95 nonexempt employees, 265 nonfinancial vs. financial rewards, 263 North American Free Trade Agreement (NAFTA), 21 no-strike clauses, 389n19 Nuclear Regulatory Commission, 87 O OASDI (Old Age, Survivors, and Disability Insurance), 384n12, 384n14 obesity, 63, 334 observation method of job analysis, 120 Occupational Information Network (O*NET, DOL), 121–122 occupational requirements per O*NET, 122 Occupational Safety and Health Act (OSH Act—1970), 39, 92, 314. See also OSHA Occupational Safety and Health Review Commission, 316
occupation-specific information per O*NET, 122 OD. See organization development Office of Federal Contract Compliance Program (OFCCP), 65, 73–74, 77–78 Office of Personnel Management (OPM) of the U.S., 268–269 offshoring, 21 off-the-job activities, discipline for, 101, 107–108 off-the-job training, 191, 210 Old Age, Survivors, and Disability Insurance (OASDI), 384n12, 384n14 Older Workers Benefit Protection Act (1990), 62 Omnibus Budget Reconciliation Act (1990), 317 Omnibus Budget Reconciliation Act (1993), 384n14 onboarding. See socialization O*NET (Occupational Information Network—DOL), 121–122 online recruiting, 143–144, 150, 161 on-site health clubs, 42 on-the-job behavior problems, discipline for, 101 on-the-job training methods, 191 open shops, 344 OPM (Office of Personnel Management) of the U.S., 268–269 opportunity analysis, 113 ordering method of job evaluation, 268 organizational goodwill, 212 organizational image and recruiting, 134, 135 organizational leadership that promotes stress, 330 organizational ombuds, 49. See also ethical issues organizational policies and recruiting, 136 organizational stability, 185, 195–196 organizational strategies and compensation system, 42 and globalization, 31 and human resource planning, 115–119 importance of HRM, 30–33 and performance standards, 236 pyramid-style, 29 and staffing, 34–35 and strategic HR, 32–33 organization culture checklists, 205 and effects of change, 195 freezing and unfreezing the status quo, 195–196 informing applicants of, 186 in learning organizations, 199, 203, 379n57 overview, 187 safety as part of, 325 See also socialization organization development (OD) effect of change, 195–196 interventions, 197 learning organization concept, 199, 203, 379n57 methods, 197–198 overview, 36, 195, 203 organization structures that promote stress, 330 organization-wide incentives, 274, 275 organizing aspect of management, 30, 31 organizing campaign of labor unions, 349–351, 362 orientation, 16–17, 187–188, 203. See also socialization OSHA (Occupational Safety and Health Administration)
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areas of emphasis, 320 creation of, 314 education and training, 320 employer assistance, 320, 323–325, 336 incidence rate of injuries, 317, 386n10 inspection priorities, 314, 316 legally-required posters, 315 material safety data sheets, 321–322, 324, 325 overview, 336 penalty for willful violation, 386n12 punitive actions, 317, 336 record-keeping requirements, 316–317, 318, 319, 320, 336 saving lives, 338 top ten violations, 324, 337 See also safe and healthy work sites OSH Act (Occupational Safety and Health Act of 1970), 39, 92, 314 OSH Form 300, 317, 318, 319 outside activities, discipline for, 101, 107–108 outsider-in passage, 184. See also socialization outsourcing, 15, 47, 357, 389n40 P Pacific Maritime Association labor dispute, 347 Pacific Rim, 357, 362 paid time off, 300–304 Paid Time Off (PTO), 300, 303 paired comparison appraisal, 241–242 Pakistan, 5 PAQ (Position Analysis Questionnaire, DOL), 122–123 Paradise, United States v., 70 parent-country nationals (PNCs), 253, 279 participative goal setting, 243 part-time employees, 15 pay. See employee compensation pay bands (broad-banding), 275–276 pay-for-performance compensation plans, 37, 231, 235, 275–276, 283, 284 payroll taxes, 290–291, 305–306, 307, 384n12, 384n14 pay secrecy policies, 261 pay structure establishment, 270–273 peer evaluations, 249–250 Pension Benefit Guaranty Corporation (PBGC), 298 pension plans, 297–298, 299, 385n38 PEOs (professional employee organizations), 145 PEOs (professional employer organizations), 47, 48 performance. See employee performance performance-based training evaluation measures, 200–201 performance-based vs. membership-based rewards, 263–264 performance evaluation systems and motivation, 37 performance management systems appraisal facts, 234 appraisal meetings, 237, 251–252, 255 appraisal methods, 237–242 appraisal process, 231, 236–237, 244–247 co-worker feedback, 257 difficulties inherent in, 232, 234–235, 244–247, 250
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Subject Index enhancing effectiveness of, 247–251, 257–258 and equal employment opportunity, 235 evaluations with achieved outcomes, 243–244 international performance appraisals, 253, 255 overview, 33, 125, 232, 254–255 punitive systems, 256 purposes of, 232–234 See also appraisals; feedback; performance standards performance measures, 236 performance simulation preemployment tests, 160, 177 performance standards absolute standards, 237–241, 248–249, 254 comparing actual performance and standards, 237 measuring actual performance, 236 motivation and, 37 relative standards appraisal methods, 241–242, 248–249, 254 perquisites "perks," 42, 279, 369n28 personal interview skills, 175–176 personal job searches, 147–149 personal value clusters (Schein anchors), 221 personnel department vs. HRM, 31–32, 368n4 personnel file review procedures for employees, 86–87 Peru, 253 Peters, Tom, 40 Philippines, 5, 77, 175 phone screening interview, 156–157 PHR (Professional in Human Resources), 53 physical examination of prospective employees, 167–168 planning career planning, 227–228 employment planning, 34–35 overview, 30, 31 succession planning, 116 workplace planning and employment HR area, 53 See also human resource planning; strategic planning process Plant Closing Bill (1989), 39, 88–89, 90 PNCs (parent-country nationals), 253, 279 point method of job evaluation, 269–270, 276 Point of Service Plans (POS), 295, 385n29 Polygraph Protection Act (1988), 88, 89, 90, 104, 372n5 Portugal, 302 POS (Point of Service Plans), 295, 385n29 Position Analysis Questionnaire (PAQ—DOL), 122–123 position control specialists, 40–41 positive leniency errors, 244–245 posters Family and Medical Leave Act, 64 FLSA, 266 OSHA, 315 Polygraph Protection Act, 89 USERRA, 65 poverty level in the U.S., 267 PPOs (Preferred Provider Organizations), 295, 385n29 prearrival socialization stage, 185–186
predictive validity of selection activities, 172–173 predictors in selection process, 171–175 preemployment testing, 160–161 Preferred Provider Organizations (PPOs), 295, 385n29 Pregnancy Discrimination Act (1978), 61, 62, 386n57 pre–post-training performance evaluation, 201 prima facie case, 370n40 privacy and disciplinary actions, 97–104 and EAPs, 326, 327, 332–334, 337, 388n59 employee monitoring, 93–94, 105 invasion of privacy ethical issues, 9 overview, 104–105 of phone conversations at work, 85 See also employee testing Privacy Act (1974), 39, 86–87, 90, 104 private employment agencies, 142, 150 proactive personality of entrepreneurs, 222, 223 process consultation OD technique, 197–198 product differential organizational strategy, 32–33 productivity and benefits, 288 continuous improvement programs, 18–20, 23–24 incentive compensation plans, 273–275 and respect for employees, 309 and scientific management, 40 from socialization, 186 and technology, 7–8 and vacations, 301–302 professional employee organizations (PEOs), 145 professional employer organizations (PEOs), 47, 48 Professional in Human Resources (PHR), 53 professional organizations, recruiting from, 143 professionals in the labor market, 6 profit-sharing plans, 274–275, 297–298, 299, 385n45 progressive discipline, 99, 101–104 promotions, 137–138, 213, 214, 264 proofreading your résumé, 149 protected group members and ADEA of 1967, 39, 61, 62, 348, 370n19 and ADEA of 1978, 61, 68, 73, 117, 370n18 adverse impact or treatment, 61, 79, 137, 370n17, 370n47 affirmative action programs, 60–61, 65, 71, 79, 140 McDonnell-Douglas test, 67 overview, 79 and seniority-based employment decisions, 68–69 See also Americans with Disabilities Act; equal employment opportunity PTO (Paid Time Off), 300, 303 public employment agencies, 142, 150 public policy violation defense to employmentat-will discharge, 96 public-sector unionization. See governmentlabor relations punitive actions of OSHA, 317, 335 punitive vs. corrective discipline, 99
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Subject Index Q qualified privilege in reference checking, 167 quality management, 18–20, 23–24. See also appraisals quid pro quo harassment, 74–75, 77 R Racketeer Influenced and Corrupt Organizations Act (RICO—1970), 349 radio frequency identification (RFID), 94 railroad industry, National Mediation Board for, 388n14 Railway Adjustment Board, 388n14 Railway Labor Act (1926), 348, 388n14 random inspections by OSHA, 316 RC (representation certification), 350 RD (representation decertification), 350 Reagan, Ronald, 356 realistic job previews (RJPs), 164–165, 177, 186 realistic vocational preference characteristic, 220–221 reasonable accommodations under ADA, 11, 12, 57, 63, 370n43 for religious observances, 68 recession, 21 record-keeping requirements of labor unions, 348 OSHA's, 316–317, 318, 319, 320, 336 recreational programs, 44 recruiters, 134 recruiting alternatives to, 145–146 blind-box ads, 139–140 career development vs., 211–212 constraints on recruiting efforts, 135–136, 149 costs, 136 as current employees' responsibility, 133 and EEO, 60–61 effectiveness, 144–145 goals, 35, 134–135 Honolulu Police Department campaign, 151 job advertisements, 137, 139–141, 150, 152 and job analysis, 125 minorities and women, 60 overview, 134, 146, 149–150 and position control specialists, 40–41 technology's effect on, 7 and timely appraisals, 231 See also selection process recruiting sources employee referrals and recommendations, 133, 138–139, 149–150 external searches, 139–143 internal search, 137–138, 213, 214, 264 online, 143–144 overview, 137, 149 "red circle" pay rates, 270–271 reference checking, 165, 167, 169 referrals from employees, 133, 138–139, 149–150 The Regents of the University of California at Davis Medical School, Bakke v., 71 regulations. See federal legislation; state legislation relationships as a cultural value, 5 relative standards appraisal methods, 241–242, 248–249, 254
407
reliability of selection devices, 171, 376n40 religious BFOQ, 68 repatriation process, 202 repetitive stress injuries, 328 replacement charts, 116 representation certification (RC), 350 representation decertification (RD), 350 representation decertification (MD) initiated by management, 350–351 representative participation, 78–79 restricted policy infractions of EEOA, 66–67 Results-Only Work Environment (ROWE), 111–112, 126–127 résumés gathering, 143, 144, 145 and HR employment specialist position, 41 preparing your own, 148–149 and social networking sites, 161 résumé writers, 169 retaining employees. See employee retention retirement benefits, 297–300, 307, 385n37–38 Retirement Equity Act (1984), 298, 385n37 return on investment (ROI) for training, 199–201 reverse discrimination, 58–59, 71 review procedures for employee files, 86–87 rewards and corporate ethics, 49 for employee referrals, 138–139 financial vs. nonfinancial, 263 intrinsic vs. extrinsic, 262–263 overview, 281 performance-based vs. membership-based, 263–264 pros and cons, 8 as retention incentive, 130 for top executives, 277–278 year-end bonuses, 274 See also employee compensation RFID (radio frequency identification), 94 RICO (Racketeer Influenced and Corrupt Organizations Act of 1970), 349 rightsizing, 15 right to work laws, 343–344 Rise of the Shadow Specters (Sun Microsystems onboarding video game), 183 risk management HRM skills area, 53 RJPs (realistic job previews), 164–165, 177, 186 ROI (return on investment) for training, 199–201 role ambiguity, 330 role conflicts, 330 role demands leading to stress, 330 role overload, 330 role-playing exercises, 194 ROWE (Results-Only Work Environment), 111–112, 126–127 Rubber Workers, 357 Russia, 280, 301 S safe and healthy work sites burnout vs., 331–332, 337 and EAPs, 326, 327, 332–334, 337, 388n59 Hawthorne study results, 40, 369n21 as HR responsibility, 37, 44 indoor air quality, 326–327
international issues, 334–336 overview, 314, 336–337 repetitive stress injuries, 328 smoke-free environments, 327–328 stress vs., 328–332 wellness programs, 333–334, 337 workers as athletes, 314 workplace violence, 325–326, 337 See also OSHA safety and health issues and job analysis, 125 safety violations, OSHA's top ten, 324, 337 salary negotiation and discrimination, 262 Santa Clara County Transportation Agency, Johnson v., 70, 71 Sarbanes-Oxley Act (SOX—2002), 39, 49–50, 92, 93 savings incentive match plan for employees IRA (SIMPLE IRA), 300 Scanlon Plan, 274 Schein, Edgar, 221 Schein anchors, 221 schools, recruiting from, 142–143, 176 scientific management, 40 screening inquiries and interviews, 156–157 Screenwriters Guild of America strike, 341, 346, 351 Scullen, Steve, 242 Securities and Exchange Commission, 114 security arrangements of labor unions, 343–346, 363 selection process application forms, 157, 159–160, 161, 177 background investigation, 165–167 candidate accepts or rejects offer, 169–170 comprehensive selection approach, 168–169 conditional job offers, 165, 179 initial screening, 156–157 and job analysis, 125 job offers, 165, 168, 179 and job specifications, 123 medical/physical examination, 167–168 negligent hiring costs, 167 overview, 156, 177 predictors, 171–175 for self-managed teams, 170–171 technology's effect on, 7, 115 validity of selection devices, 171–175, 177, 376n40, 377n43–44 See also interviewing applicants self-funding disability programs, 385n32, 386n56 seminars and lectures, 191, 193 seniority systems defense against discrimination charges, 68–69 Senior Professional in Human Resources (SPHR), 53 SEP IRA (simplified employee pension plan), 299 Service Employees International Union, 358, 360, 361, 389n29 sex discrimination lawsuit, 107–108 sexual harassment consensual relationship contracts, 94–95 damage awards, 370n29 employer liability, 75, 371n82, 372n97 investigating a complaint, 82–83 overview, 74–75, 79 Title VII on, 77
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shared HRM service centers, 29, 47–48 Sheetmetal Workers Local 24 v. EEOC, 70 short-term disability plans, 303, 310, 386n57 SHRM (Society for Human Resource Management), 14, 45, 95, 193, 242 sick buildings, 325 sick leave, 300, 301, 302–303, 386n58 sick-leave abuse, 302–303 Silver Tsunami, 291 similarity error in appraisals, 244, 245 SIMPLE IRA (savings incentive match plan for employees IRA), 300 simplified employee pension plan (SEP IRA), 299 simulations for training or development, 191, 193–194 Singapore, 5, 280, 301, 361 60 Minutes (news program), 111 skill levels balancing specialist and generalist competencies, 223 competency-based compensation, 275–276 and job evaluation criteria, 268 matching career desires and, 219–222 motivation and, 37 technology's effect on, 8, 23 and work/life flexibility, 13 See also job analysis process the slight promotion, 264 smart badges, 9 smart phones, 8, 93, 248 smoke-free environments, 327–328 smokers, 334 SOC (Standard Occupational Classification), 121 socialization assumptions of, 184–185 discipline based on level of, 99 employee handbook, 188–189, 203 orientation as, 16–17, 187–188, 203 overview, 184, 186, 203 process, 185–186 Sun Microsystems' video game, 183 training and development aspects of, 36 See also organization culture social networking sites, 144, 161, 167 Social Security Disability Insurance (SSDI), 310, 386n71 Social Security taxes, 290–291, 305–306, 307, 384n12, 384n14 social vocational preference characteristic, 220–221 society, individualistic versus collective, 5 Society for Human Resource Management (SHRM), 14, 45, 95, 193, 242 soft skills, 180 SOX (Sarbanes-Oxley Act of 2002), 39, 49–50, 92, 93 Spain, 301, 302 SPD (summary plan description), 298 SPHR (Senior Professional in Human Resources), 53 SSDI (Social Security Disability Insurance), 310, 386n71 staffing function of HRM, 33–35, 40–41, 50, 146. See also job analysis process; selection process Standard Occupational Classification (SOC), 121
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Subject Index standards. See performance standards state employment agencies, 142 state inspections for safety, 386n10 state legislation employee rights, 86–87 on insurance coverage for young adults, 287 and labor relations, 389n18 on minimum wage, 267 occupational safety and health laws, 314 protection for whistle blowers, 92 right to work laws, 344–345 on unemployment insurance, 384n20 status as a cultural value, 4–5 status quo, freezing and unfreezing the, 195–196 stock options, 278. See also rewards Stotts, Firefighters Local 1784 v., 70, 71 strategic business units, 48, 369n48 strategic management HRM skills area, 53 strategic planning process and employment planning, 119 and international labor relations, 361–362 overview, 112–114, 231, 373n11 and realistic job previews, 164–165 See also human resource planning; organizational strategies strengths, weaknesses, opportunities, and threats (SWOT) analysis, 113, 114, 115 strengths of a company, 113 stress in the workplace, 328–332 stressors, 329–330 striker replacement dilemma, 356 strikes air traffic controllers, 356, 357–358, 389n41 economic strikes, 354–355 lockouts vs., 354–355 no strike clauses, 389n19 no-strike clauses for government employees, 389n19 overview, 341, 354–355 striker replacement dilemma, 356 strike votes, 389n37 virtual strikes, 341–342 wildcat strikes, 355 Writers Guild of America, 341, 346, 351 structured questionnaire method of job analysis, 120 substance-abuse awareness programs, 87 substance abuse costs, 91 substance-abuse testing, 87–88, 90–91 succession planning, 116 summary plan description (SPD), 298 sunshine laws, 359, 363 Supreme Court. See U.S. Supreme Court survey feedback OD technique, 197–198 survivor benefits, 300, 304 suspension or layoff, 102–103 Sweden, 74, 280, 301, 361 SWOT (strengths, weaknesses, opportunities, and threats) analysis, 113, 114, 115 T Taft-Hartley Act (1947), 39, 347–348, 356, 362, 388n8 Taiwan, 175, 357 targeted industry inspections by OSHA, 316
task demands leading to stress, 330 Tax Equity and Fiscal Responsibility Act (TEFRA), 300 taxes FICA, 384n12, 384n14 FUTA, 292, 307, 384n14 Medicare, 290–291, 384n14 Social Security, 290–291, 305–306, 307, 384n12, 384n14 Tax Reform Act (1986), 298, 385n37 Taylor, Frederick, 40 TCNs (third-country nationals), 253, 279 Teal, Connecticut v., 66, 70 team performance appraisals, 250 teams for increasing employee involvement, 20 intergroup development, 198 job design and, 127 management thought on, 40 nature of the team, 152 self-managed work team hiring decisions, 170–171 team-based compensation, 276–277 at Toyota Avalon Plant, 125 Teamsters Union, 358 technical conference method of job analysis, 120 technologists in the labor market, 6 technology cyberloafing, 329 and flexible work schedules, 126–127 Gen Yers' interest in company's level of, 135 and HRM practices, 6–9, 23, 37 and job design, 37 smart phones, 8, 93, 248 virtual job fairs, 143 TEFRA (Tax Equity and Fiscal Responsibility Act), 300 telecommuting, 126–127 temporary employees, 15, 144, 145, 169 temporary help services, 145, 151–152 termination as a disciplinary action, 103–104, 105, 107, 371n57, 386n7 testing employees. See employee testing Thailand, 175 women in managerial positions, 77 The World Is Flat (Friedman), 5–6 third-country nationals (TCNs), 253, 279 third-party administration (TPA), 296, 385n32 threat analysis, 113 360-degree appraisals, 250 Title VII of the Civil Rights Act (1964) affirmative action, 60–61, 65, 71 and BFOQ defense against discrimination charges, 68, 159, 370n43 and EEOA, 59–60 and EEOA of 1972, 370n12 EEOC enforcement of, 73 on employee testing, 69 and labor unions, 348 maximum reward under federal act, 371n80 overview, 59, 61, 79 on sexual harassment, 77 Title VII of the Civil Service Reform Act (1978), 349 total rewards HRM skills area, 53 Toussaint v. Blue Cross and Blue Shield of Michigan, 96–97
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Subject Index TPA (third-party administration), 296, 385n32 traditional health insurance, 295 traditional workers, recruiting, 135 training and development cross-cultural, 201–202, 203 employee development as one aspect of, 36 ESL programs, 3 ethical education programs, 22–23 goals, 50 as HRM function, 33–34, 35–36, 50 and job analysis, 125 overview, 36 and reverse discrimination ruling of the Supreme Court, 71 substance-abuse awareness programs, 87 technology's effect on, 7 See also career development; employee development; employee training; organization development training and development area of HR department, 40, 41–42 training from OSHA, 320, 323, 325 training vs. development, 190. See also employee development; employee training transnational corporations, 4, 367n7 Transportation Safety Administration (TSA), 130, 269 travel insurance, 304 turnovers and turnover rates of airport security screeners, 130, 269 from bait-and-switch recruitment, 164 cost of replacing workers, 111 and employee training and development, 200 inadequate job analysis leads to, 120 incentives vs., 133 See also employee retention Twain, Mark, 226 20/70/10 forced ranking plan, 242 type A behavior, 330–331 type B behavior, 330–331 U UAW (United Automobile Workers), 357 UFCW (United Food and Commercial Workers), 364 UMW (United Mine Workers), 357 undue hardship under ADA, 63, 370n28 unemployment compensation, 291–292, 307 unemployment insurance, 384n20 unemployment tax (FUTA), 292, 307, 384n14 unfair labor practices, 346–347, 358–359 Uniformed Services Employment and Reemployment Rights Act (USERRA— 1994), 39, 57, 64 Uniform Guidelines on Employee Selection Procedures (EEOC), 66, 69–70 union security arrangements, 343–346, 363 union shops, 343 Union Summer Program, AFL-CIO, 358 United Automobile Workers (UAW), 357 United Food and Commercial Workers (UFCW), 364 United Kingdom, 280, 301, 302, 361, 362 United Mine Workers (UMW), 357 United Mine Workers, Gateway Coal v., 386n7 United States achieved status culture, 5
409
birth rates and immigration, 10–11 diversity in, 72 documents establishing identity and employability, 166 effect of offshoring, 21 employee-involvement programs, 359 glass ceiling, 77, 78 hospital-acquired infections, 205 labor supply, 14–16, 23 management's base pay, 279–280 from manufacturing giant to service economy, 359–360 minimum wage rates, 265–267, 280 Myers-Briggs testing in, 221 paid time off, 302 safety violations, top ten, 324 strike trends, 351, 355 unionization in, 361 union membership, 356–358, 360, 361 vacation and sick leave, 301 work-related deaths, 314, 325, 326 See also entries beginning with "U.S." United States v. Paradise, 70 United Steelworkers of America (USWA), 357 United Steelworkers of America v. Weber, 71 universities, recruiting from, 142–143 upward appraisals, 250 upward flow of communication, 43–44 U.S. Civil Service Commission, 268–269 U.S. Department of Labor (DOL) CareerOneStop Web site, 142 on fifty-employee threshold for FMLA, 370n30 General Aptitude Test Battery, 175 on illness or injury on the job, 313 Notice of Polygraph Testing, 88 OFCCP branch, 65, 73–74, 77–78 O*NET, 121–122 Position Analysis Questionnaire, 122–123 posters from, 64, 89, 266 on wage and hour violations, 265 See also Bureau of Labor Statistics U.S. Department of Transportation (DOT), 87 U.S. Department of Veterans Affairs employer assistance program, 57 USERRA (Uniformed Services Employment and Reemployment Rights Act of 1994), 39, 57, 65 U.S. State Department, 279–280, 334 U.S. Supreme Court on Civil Rights Act of 1866, 58–59 discrimination-related rulings overview, 69–70 Ellerth case, 75, 371n82 reverse discrimination-related cases overview, 71 on use of nonunion members' dues, 345 See also specific cases USWA (United Steelworkers of America), 357 V vacation and holiday leave, 300–302, 308 vaccinations for traveling, 335 validity analysis, 173 validity coefficients, 173, 377n44 validity generalization, 175 validity of selection devices, 171–175, 177 value of collectivism and relationships, 5 Vault.com, 94, 139, 161
VBIA (Veterans Benefits Improvement Act), 57, 65. See also Uniformed Services Employment and Reemployment Rights Act Velez, Rev. Erasmo, 326 Venezuela, 5 verbal warning vs. written verbal warning, 101–102 vestibule training, 191 vesting rights, 297–298 Veterans Benefits Improvement Act (VBIA), 57, 65. See also Uniformed Services Employment and Reemployment Rights Act veterans in the workforce, 57–58 video résumés, 144 Vietnam, 253, 280 Vietnam Veterans Readjustment Act (1974), 73–74, 371n65 Vinson, Meritor Savings Bank v., 74, 75 violence in the workplace, 325–326, 337 virtual job fairs, 143 virtual strikes, 341–342 Vocational Rehabilitation Act (1973), 73–74, 348, 371n65 voluntary benefits, 293–297, 302 W wage curves, 270–271 wage structure, 271–273, 281 Wagner Act (1935), 39, 346–347, 352, 356, 362, 389n16. See also Taft-Hartley Act Wall Street Journal, 137, 139 Wal-Mart, Dukes v., 76–77 Walsh-Healy Act, 265 Wards Cove Packing Company v. Antonio, 70 WARN (Worker Adjustment and Retraining Notification Act of 1988), 39, 88–89, 90, 104 Washington v. Davis, 59, 70 Watson Wyatt's Human Capital Index (HCI), 46 weaknesses of a company, 113 Web-based appraisal system, 231 Weber, United Steelworkers of America v., 71 Web monitoring software, 330 Web sites AFL-CIO, 365 ASTD, 193 blocking access to inappropriate sites, 94 CareerBuilder.com, 7, 139, 144 CareerOneStop, 142 Center for Disease Control, 334 and communications programs, 7, 37–38 Monster.com, 139, 144 National Conference of State Legislatures, 287 O*NET Online, 121–122, 131 OSHA, 320, 323, 325 posting résumés online, 147 as recruiting tool, 144–145 SHRM, 53, 193 social networking, 144, 161, 167 U.S. Department of Labor, 64, 121–122, 131, 142, 266 U.S. State Department Travel and Living Abroad site, 335 Vault.com, 94, 139, 161 Youth At Work (EEOC), 76 YouthRules!, 266
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weighted application forms, 159 wellness programs, 333–334, 337 well pay, 303 "what-if, so-what" test of information priority, 44 Whirlpool Corporation v. Marshall, 386n7 whistle blowing, 49, 92–93 white-water rapids vs. calm waters metaphor, 195–196 wildcat strikes, 355 work community enhancement, 44 Worker Adjustment and Retraining Notification Act (WARN—1988), 39, 88–89, 90, 104 worker characteristics per O*NET, 121, 122 worker requirements per O*NET, 122 worker safety policy, 323 workers' compensation benefits, 292, 307 workforce characteristics per O*NET, 122
Page 410
Subject Index workforce diversity/composition and disability accommodations, 11, 12, 57, 63, 370n43 diversity awareness, 12, 25–26, 212 embracing, 3 and HRM practices, 12–13 overview, 23 Workforce Management magazine, 13, 304 Working Mother magazine, 209 work/life balance, 13–14, 25, 135, 212, 304 workplace chaplains, 327 workplace fatality statistics, 314, 325, 326 workplace planning and employment HRM skills area, 53 Workplace Relations Bill (Australia), 78 workplace romance, 94–95 workplace security, 93, 325–326, 337 workplace violence, 325–326, 337
work process engineering, 19, 23–24 work-related deaths, 314, 325, 326 work sampling preemployment test, 160, 177 work site analysis by OSHA, 323 work teams. See teams Writers Guild of America strike, 341, 346, 351 written verbal warning, 101 written warning, 102 Wyant v. Jackson Board of Education, 70, 71 Y Youth At Work Web site (EEOC), 76 YouthRules! Web site, 266 Z zero-sum game in relative performance measures, 241, 242

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