Employee & Labor

 

Scenario
In Project One, your company went through a union campaign, and a majority of employees voted in favor of union representation. Subsequently, union leadership and company management negotiated a collective bargaining agreement. The presence of represented (union) and non-represented (nonunion) employees means that Human Resources must work to ensure all employees receive fair and similar treatment within the guidelines of applicable laws and the provisions negotiated in the collective bargaining agreement.

As the HR analyst, you received a complaint from the union representative that alleges a member of the company’s management team violated the negotiated progressive discipline process when handling a recent HR incident. The specifics of the complaint are as follows:

The company manager suspended the union employee for one day with no pay because the union employee left the shift early without permission from the manager. The union representative claims the suspension was not necessary. The company manager claims that the suspension was appropriate because all nonunion employees would be suspended for the same issue.
The union representative claims the union employee was not given an opportunity to have another employee present at the conversation in the manager’s office. The manager claims the union employee was offered the opportunity to have representation and the employee said no. There were no other witnesses in the manager’s office.
The union representative claims the company manager did not allow the union employee to explain the reason for leaving early. The company manager disagrees and states that 30 minutes were spent listening to the employee’s story as would be the case for any employee in the company.
The company manager claims that everyone in the department is treated the same way if an employee leaves the shift early without permission. Leaving a shift early impacts all other members of the team because work is not completed and may fall on nonunion employees to complete, creating overtime and possibly creating the need for nonunion employees to complete union employee work.
The director of Human Resources, who is your manager, has requested that you research the complaint in preparation for HR’s meeting with the union representative and recommend an initial course of action.

Directions
In this milestone, you will look at the employee complaint and draft a memo to management that outlines the issues and your recommendations for resolution. As a reminder, in this milestone you will draft a section of Project Two. The feedback for this milestone should be applied to your final submission of Project Two due in module seven. Refer to the Management Memo Guidelines located in the Supporting Materials section for guidance. Consider the scenario to begin your work. Identify the key issues in the complaint and determine how the situation may differ for union and nonunion employees. Discuss the ramifications for the company from both a union perspective and a general employee-confidence perspective. Describe any risks that the company might face if they do not address the complaint.

Specifically, you must address the following rubric criteria:

Union Grievance
Key Concerns: Identify the key concerns of the employee complaint.
Union vs. Nonunion: Discuss how this situation differs in a union and nonunion environment.
Employee Confidence: Describe the potential impact that the complaint situation will have on employee confidence. Provide examples to support claims.
Employee Relations: Explain the impact on employee relations in other areas of HR within the organization.
Risk Potential: Discuss the risk potential for the company for failure to address this complaint.
 

Denial of Right to Representation: The union representative alleges the employee was not given the opportunity to have a union representative present during the disciplinary meeting. The manager's claim that the employee waived this right without a witness or documented proof creates a credibility dispute and is a serious potential violation of the employee's Weingarten Rights, which are often codified in a CBA.

Failure to Allow Due Process: The union claims the employee was not given a fair chance to explain the situation, a fundamental principle of due process. The manager's assertion that 30 minutes were spent listening is contradicted by the union's perspective, highlighting a breakdown in communication and a lack of procedural fairness from the union's point of view.

 

Union vs. Nonunion Environment

 

This situation differs significantly between a union and nonunion environment due to the legal and contractual protections afforded by the CBA.

Nonunion Environment: In a nonunion setting, management typically has more discretion. An employee is considered at-will, meaning they can be disciplined or terminated for any reason (or no reason) as long as it isn't illegal. The manager's claim of treating everyone the same would likely hold more weight, as there is no collective bargaining agreement to dictate a specific progressive discipline process or a right to representation.

Union Environment: In a union environment, the CBA governs the relationship between the company and its union employees. This agreement supersedes most at-will employment principles. The company manager must follow the specific procedures outlined in the CBA for progressive discipline, due process, and the right to representation. The manager's actions are not judged against a general standard for all employees but against the negotiated terms of the CBA. A violation of the CBA is a grievable offense and could lead to arbitration.

 

Impact on Employee Confidence

 

The complaint, if not handled appropriately, can severely damage employee confidence, regardless of union status.

For Union Employees: This situation creates a perception that management does not respect the negotiated agreement. It can lead union members to believe that the CBA is not a binding contract and that their rights will not be upheld. This could foster distrust in both management and the union's ability to protect its members, potentially leading to increased grievances and a hostile work environment.

Sample Answer

 

 

 

 

 

 

MEMORANDUM

TO: Director of Human Resources FROM: HR Analyst DATE: October 26, 2023 SUBJECT: Analysis of Union Complaint Regarding Progressive Discipline

This memo outlines the key issues identified in the union complaint regarding the recent disciplinary action taken against a union employee. It also provides an analysis of the situation and recommendations for an initial course of action.

 

Union Grievance: Key Concerns

 

The union representative's complaint raises several key concerns regarding the manager's handling of the disciplinary process, all of which center on potential violations of the collective bargaining agreement (CBA). The core issues are:

Improper Application of Progressive Discipline: The union claims the one-day suspension without pay was an inappropriate first step for a first-time offense, suggesting a more lenient action, such as a verbal or written warning, was required by the CBA. The manager's claim that the suspension was appropriate because nonunion employees would receive the same penalty is irrelevant if the CBA specifies a different procedure for union members.

Latest Post

Writing Services

Unlock Your Academic Potential with Our Expert Writers

Embark on a journey of academic success with Legit Writing. Trust us with your first paper and experience the difference of working with world-class writers. Spend less time on essays and more time achieving your goals.

Order Now