Contents: The New Social Contract, The Employee Rights Movement, The Right Not to Be Fired Without Cause, The Right to Due Process and Fair Treatment, Freedom of Speech in the Workplace.
© 2015 Cengage Learning Chapter 17 Employee Stakeholders and Workplace Issues © 2015 Cengage Learning Learning Outcomes Identify the major challenges occurring in the workforce today Outline the characteristics of the new social contract between employers and employees Explain the employee rights movement and its underlying principles Describe and discuss the employment-at-will doctrine and its role in the employee rights Discuss the right to due process and fair treatment Describe the actions companies are taking to make the workplace friendlier Elaborate on the freedom-of-speech issue and whistle-blowing © 2015 Cengage Learning Chapter Outline • The New Social Contract • The Employee Rights Movement • The Right Not to Be Fired Without Cause • The Right to Due Process and Fair Treatment • Freedom of Speech in the Workplace • Summary • Key Terms © 2015 Cengage Learning Employee Stakeholders and Workplace Issues • The social contract between organizations and workers continues to evolve, and is different from contracts of the past • Three employee rights issues• Right not to be fired without good cause • Right to due process and fair treatment Right âto freedom of speech in the 2015 Cengage Learning The New Social Contract • Today’s worker has held 11.3 jobs on average All realize their jobs are vulnerable, and they receive a smaller portion of the economic pie • They are more mobile, less loyal, and more diverse • They seek: • Competitive pay • Benefits • Opportunities for professional growth © 2015 Cengage Learning The Changing Social Contract © 2015 Cengage Learning The Employee Rights Movement • Public sector employees have constitutional protections We focus on employees in the private sector, not subject to constitutional control because of the concept of private property • Individuals and private organizations are free to use their property as they desire • Although labor unions have been successful in improving pay, benefits and working conditions, they have not been as active in pursuing civil liberties © 2015 Cengage Learning The Meaning of Employee Rights • We approach the topic from the perspective of the Principle of Rights, justifiable claims that utility cannot override • We will also cover legal rights Sources of employee rights Statutory rights Collective bargaining rights Enterprise rights © 2015 Cengage Learning Models of Management Morality Moral management •Employees are viewed as a human resource that must be treated with dignity and respect Amoral management •Employees are treated as the law requires Immoral management •Employees are viewed as factors of production to be used, exploited, and manipulated © 2015 Cengage Learning 10 The Right to Due Process and Fair Treatment Due Process •The right to receive an impartial review of one’s complaints and to be dealt with fairly •The right of employees to have decisions that adversely affect them be reviewed by objective and impartial third parties © 2015 Cengage Learning 16 The Requirements of a Due Process System It must be a procedure; it must follow rules; it must not be arbitrary It must be visible and well-known so that potential violators and victims are aware of it It must be predictably effective It must be institutionalized – a relatively permanent fixture in the organization It must be perceived as equitable It must be easy to use It must apply to all employees © 2015 Cengage Learning 17 Alternative Dispute Resolution © 2015 Cengage Learning 18 Concerns with the Open-Door Policy • The process is closed • One person is reviewing what happened • There is a tendency for a manager to support another manager’s decision • A hearing procedure helps open up the process because employees can elect representation â 2015 Cengage Learning 19 The Ombudsman An ombudsman is neutral and promises confidentiality • An ombudsman can handle employee concerns in a way that keeps the problem from getting out of hand • The procedure has been used in Sweden since 1809 to curb abuses by government against individuals © 2015 Cengage Learning 20 Factors for a Successful Peer Review Panel Be sure that people involved in the process are respected members of the organization Committee members should be elected rather than appointed They must receive training in dispute resolution, discrimination, fairness, legalities, and ethics for everyone involved Representatives of both employees and management be involved in © 2015 Cengageshould Learning 21 The Future of ADR • The use of ADR is growing because of time and cost savings over litigation • But some employers require new hires to sign contracts waiving their right to sue their employer in favor of mandatory arbitration Arbitration • A neutral party resolves a dispute between two or more parties and the resolution is binding Mandatory arbitration • The parties must agree to arbitration prior to any dispute and be bound © 2015occurring, Cengage Learning 22 Freedom of Speech in the Workplace • While the U.S Constitution protects an individual's speech from government interference, this does not apply to an employer, and some forbid conflicting political views Whistle-Blower • An organization member who discloses illegal, immoral, or illegitimate practices under the control of their employers, to persons or organizations that may be able to effect action © 2015 Cengage Learning 23 Whistle-Blowing Key Elements in the Process 1.The whistle-blower 2.The act or complaint 3.The party to whom the complaint is made 4.The organization against which the complaint is made © 2015 Cengage Learning 24 Two Views of Employee Responsibility in a Whistle-Blowing Situation Traditional Corporat e Employe r Employe e Loyalty Obedience Confidentiality Emerging Corporat e Employer (Has certain rights) Responsibility Employe e Responsibility (Has certain rights) Public (Has certain rights) Whistle blowing © 2015 Cengage Learning 25 A Checklist to Follow Before Blowing the Whistle Is there any alternative to blowing the whistle? Does the proposed disclosure advance public interest rather than personal or political gain? Have you thought about the outcomes of blowing the whistle for yourself and your family? Have you identified the sources of support, both inside and outside the organization, on which you can rely during the process? Do you have enough evidence to support your claim? Have you identified and copied all supporting © 2015 Cengage Learning suspicion to your 26 records before drawing Consequences of WhistleBlowing 4800 employees reported retaliation 64% - exclusion from decisions & work activities 62% - cold shoulder from coworkers 62% - verbal abuse from management 56% - almost lost job 55% - not given promotion or raise 51% - verbal abuse from coworkers 46% - cut in hours or pay 44% - relocated or reassigned © 2015 Cengage Learning 27 Government Protections for Whistle-Blowers • 1978 Civil Service Reform Act • Sarbanes-Oxley whistle-blower protections • Michigan Whistle-Blowers Protection Act of 1981 False Claims Act â 2015 Cengage Learning 28 Management Responsiveness to Whistle-Blowing Whistle-blowing occurs after normal, less dramatic channels of communication have failed To encourage open communications 1.Managers must be clear that they invite and accept suggestions 2.Managers must refute assumptions and organizational myths that discourage communication 3.Managers should tailor rewards so that employees share more directly in cost savings or sales increases from ideas they offer â 2015 Cengage Learning 29 Key Terms Alternative Dispute Resolution (ADR) • Civil Service Reform Act of 1978 • collective bargaining • due process • employee Rights • employment-at-will doctrine • enterprise rights • false Claims Act • good cause norm • good faith principle • hearing procedure • implied contract exception • mandatory arbitration • Michigan WhistleBlowers Protection Act of 1981 • ombudsman • open-door policy • outplacement • open-door policy • peer review panel • private property • public policy exception • social contract • statutory rights whistle-blower 30 â 2015 Cengage Learning ... between employers and employees Explain the employee rights movement and its underlying principles Describe and discuss the employment-at-will doctrine and its role in the employee rights Discuss... Learning Employee Stakeholders and Workplace Issues • The social contract between organizations and workers continues to evolve, and is different from contracts of the past • Three employee rights issues ... process and fair treatment Describe the actions companies are taking to make the workplace friendlier Elaborate on the freedom-of-speech issue and whistle-blowing â 2015 Cengage Learning Chapter