HRMN362 1.) Demario Rodriguez (Topic 1) Section 7 of the National Labor Relations Act (NLRA) bans an employer from interfering, preventing, or coercing an employee from working with other employees to better their terms and conditions of employment. It is essential to underline that the same rules apply to labor unions and that they may not restrict or coerce workers into endorsing their agenda. The purpose of the National Labor Relations Act and the reason it was created was to “equalize negotiating power between employers and workers” so that disputes could be resolved through conciliation. The National Labor Relations Board was created to assist in the enforcement of the National Labor Relations Act. The board investigates organizations and labor unions suspected of participating in “unfair labor practices” (Cornell Law School, n.d.). The National Labor Relations Act prevents employers from threatening, coercing, or bribing their workers in terms of its primary premise of worker protection. Employees are protected and have the option to voice their concerns about global problems in the workplace without resorting to harsh measures. Despite the recent drop in unionization, this basic precept remains the cornerstone of today’s employer-employee relationships. Because of this, I feel that this is the most important provision in the NLRA; it is the basis upon which all other provisions and amendments are based.
National Labor Relations Act. (2012, September 18). State Employment & Labor Laws | Employment Law Handbook. Retrieved June 14, 2022, from Employment Law Handbook website: https://www.employmentlawhandbook.com/state-employment-and-labor-laws/
NLRB, N. (n.d). Unfair Labor Practice Process Chart | National Labor Relations Board. Retrieved June 20, 2022, from Unfair Labor Practice Process Chart | National Labor Relations Board website: https://www.nlrb.gov/resources/nlrb-process/unfair-labor-practice-process-chart
2.) Jaclyn Kerwin (Topic 1) One of the most important provisions of the National Labors Relation Act is that “employers must allow freedom of association and organization and cannot interfere with, restrain, or coerce employees who form a union” (12.1 The nature of Unions 2016). This prevents employers from threatening employees jobs or benefits, questioning employees about union activity, or spying on unions and formations. It is the right of an employee to choose to belong to a union, and this provision ensures the employee is protected to do so if they wish. The Wagner act also known as the National Labor relations Act, protects employees and ensures their basic rights are met as well as providing them with the freedom to unionize as they wish.
[Author removed at request of original publisher]. (2016, March 22). 12.1 The nature of Unions. Human Resource Management. Retrieved June 25, 2022, from https://open.lib.umn.edu/humanresourcemanagement/c…
3.) Katelyn Stonesifer (Topic 2) The National Labor Relations Board unfair labor practice grievances process can be confusing when first looked over, but looking at the steps, we start off with the charge itself, this is where individuals or groups can report an unfair labor practice that an employer or labor organization has committed, this is filed with the Regional Director. (Unfair Labor Practice Process Chart, 2022). This will then lead to an investigation, which is when the Regional Director decides if formal action should be taken, this can go a few ways from here, either to injunction where the Regional Director asks the district court for temporary restraining order for unlawful boycotting or picketing. (Unfair Labor Practice Process Chart, 2022). Another route is withdrawal, or a refusal to issue a complaint, this is when the charge is withdrawn or refused without a complaint being issued, a refusal can be appealed to the General Council, and a formal settlement agreement can provide a judgement from the court of appeals. (Unfair Labor Practice Process Chart, 2022).
From this investigation, comes a complaint and answer, in which the Regional Director issues a complaint and a notice of hearing, this could also cause and injunction, where the General Council may ask the district court for a temporary restraining order after a complaint has already been issued for specific unfair labor practice cases. (Unfair Labor Practice Process Chart, 2022). This as mentioned before can still also lead to a withdrawal or refusal to issue complaint in terms of appealing a complaint or settlement, after the complaint and answer, comes the hearing and decision where a Judge either orders a cease and desist of unfair labor practices, or a dismissal of the complaint. A dismissal is when the board finds that no unfair labor practice was committed, remedial order comes as the cease and desist and a remedy for the unfair labor practice(s), and any other disposition is when the board remands the case to the Judge for further action. (Unfair Labor Practice Process Chart, 2022). And finally, there is court enforcement and review, in that the court of appeals can enforce, set aside or entirely remand some or all of the case, the U.S Supreme Court reviews any appeals. (Unfair Labor Practice Process Chart, 2022).
As for the non-union environment, employees should communicate informally to their supervisor, and their supervisor should try and resolve the problem, if it is about the supervisor, the employee should go the HR department. (Grievance procedure company policy, 2022). Either HR or the supervisor should ask the employee to fill out a grievance form, talk with them to ensure all details are understood, and organize mediation procedures. They should also investigate the matter and communicate the formal decision when it is made, and ensure the decision is adhered to, if appeals arise, gather more information, and investigate further. If the offense is criminal, disciplinary actions and procedures must begin. (Grievance procedure company policy, 2022).
There is an exceptionally significant difference between these processes. The union one through the NLRB is very formal and is very legally involved with people outside of the company, every step is formal and is adhered to very strictly. In terms of the non-union setting, it is much more informal and managed within the company for the most part, and only takes legal actions once absolutely necessary. For me personally I actually do prefer the non-union process first if the issue is smaller, is very company specific or can easily be resolved with communication and a warning/refrainment to the individual involved. I think for some of the larger issues, or if the company is a repeat offender or does not typically listen to employee complaints and allegations, I would prefer the union process, just as it involves others and is a much more legally visible process. Both have their perks, and both have their gripes, but I do think the non-union way could take less time and resources all while getting the same job done.
Unfair Labor Practice Process Chart. (2022). National Labor Relations Board. https://www.nlrb.gov/resources/nlrb-process/unfair-labor-practice-process-chart Grievance procedure company policy. (2022). Workable. https://resources.workable.com/grievance-procedure
4.) Lydia Tshamala (Topic 2) Specifically, delineate the NLRB unfair labor practice grievance process. Be specific.
The NLRB grievance process goes as follows
The charge is filed with the Regional Director
The regional Director determines whether formal action should be taken
During the investigation, the charge can be withdrawn or refused before a complaint is issued and there can be injunctions.
The Regional Director issues a complaint and notice hearing. The respondent files an answer in 10 days
There is a hearing and decision to either dismiss or there is a remedial order lastly, other decision
In the case of remedial order, the court of appeals can enforce, set aside, or remand all or part of the case. (NLRB, 2022)
2. Specifically, delineate the grievance process in a non-union environment. Be specific.
The employee can communicate with either their supervisor or HR and the HR would make sure of the following,
Ask the employee to fill out a grievance form
Talk with the employee to ensure the matter is understood completely
Provide the employee who faces allegations with a copy of the grievance
Organize mediation procedures (e.g. arranging a formal meeting)
Investigate the matter or ask the help of an investigator when needed
Keep employees informed throughout the process
Communicate the formal decision to all employees involved
Take actions to ensure the formal decision is adhered to
Deal with appeals by gathering more information and investigating further
Keep accurate records. (Workable, 2022)
3. What do you see as the biggest difference between the two processes? Which process would you prefer and why? Be specific.
The difference between the two types of grievance is that the Unfair labor practice grievance can be filed by the Union if they feel the employer has been unfair towards all the employees and the grievance process in a non-union environment is for all types of issues and is handled within the organization. To my view, I feel the grievance process depends on the issue being presented. My preference would be the grievance process in a non-union environment, it’s my preference because the grievance matter can be handled in the organization all can be controlled by the organization instead of it reaching a government agency and attracting unnecessary attention.
Grievance procedure company policy
1.) Jonathan Mendez (Activity 1)
One thing we all know for sure is that culture is complex and so analyzing it has to be done at different levels. While culture can be defined differently by people, we have come to see it as it is having three levels of culture. The first is artifacts, and it refers to the observed behavior such as the way they dress, the stories told about their workplace, any rituals, or ceremonies it has and its physical environment to include group dynamics. The second is values, this level of culture focuses on believes and values the organization has such its goals and ideas. Do they follow someone’s lead, or do they all share similar responsibility? How do they rationalize new ideas? Finally, the third level is underlying assumptions. This level focuses on the taken for granted beliefs and values as well as help determine individual’s behavior, perception, thoughts, and feelings (Schein, 1985).
In my organization it was very clear from the start that my coworkers had an amazing group dynamic. They all looked out for one another and there was no level of selfishness. This of course was a direct result of poor management from previous mangers. The reason I say that is that the work areas and offices were a bit cluttered, and the stories told about the workplace made sense once I realized that they were forced to look out for one another due to unclear guidance and missing a leader to guide them and show them how to properly manage an office. The values of the organization were very evident as not only as they were displayed but it was clear from the level of work that the priority was to ensure operations continued and they took precedent over everything else. The group was a bit weary of new ideas and the new responsibilities set on the members. It showed that they had not properly been shown how to develop new ideas and follow specific guidance that has been a part of the company. It took them a while to figure out that they could follow my lead and trust in my judgement. But it was earned, and we have moved into our new three levels of culture.
Schein, E. (1985). Organizational Culture and Leadership: Chapter 2. Retrieved from https://learn.umgc.edu/d2l/le/content/685136/viewContent/26276280/View
2.) Daniela Loftin (Activity 2)
Based on the interview with Schein, respond to these questions:
a. How does Schein define culture in this interview?
He believes culture is how companies have a value system and how they handle issues. This could be anything from how a company dealt with decreased sales or to how they may have dealt with a sudden high turnover of employees. b. When does culture matter, according to Schein?
Culture matters when it is not adaptive. It only really matters when there is a problem.
c. Why does Schein say that “best practices” do not work?
Schein did not think “best practices” works because you can’t simply look at another business and transfer how they do things to your business. This may work for that particular business, but without knowing how their system works and why, it may not have the same effect on the company you have created. There can be more than one way to be successful in the same business, but you have to find out what is going to work for you and your employees.
Kuppler, T. (2014, March 3). Culture fundamentals from Edgar Schein [Video file]. Culture University. Retrieved from https://www.youtube.com/watch? v=4Fw5H7GWzog&feature=youtu.be
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