employment relations Essay

The following are the main provisions in the Act.

TRADE UNION RECOGNITION – The new legislation will allow Trade Unions to seek collective bargaining rights with employers in certain circumstances. Independent trade unions can exist in organisation’s employing 21 or more workers, if that is the wish of a majority of the workforce.

We will write a custom essay sample on
employment relations
specifically for you for only $13.9/page
Order now

The procedure seeks to encourage voluntary agreements where possible. However sometimes Trade Unions and Employees cannot reach an agreement, in these cases the decision will be taken by the Central Arbitration Committee (CAC), which will decide the appropriate bargaining unit and whether the union should be recognised. Also, if it finds it necessary it can impose a legally – binding procedure for bargaining about pay, hours and holidays.

ACAS CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES – On 4th September 2000, ACAS (Advisory conciliation and Arbitration Service) published its revised Code of Practice. Included in the new code is the statutory right of an employee to be accompanied by a fellow worker or a TU representative at disciplinary and grievance hearings.

The right applies only to those hearings, which deal with serious matters,

such as disciplinary matters. ( e.g. Hearings resulting in a warning or some other action against the worker) In the case of grievances, the right applies in hearings concerned with the performance of a statutory, contractual or other duty by the

employer in relation to the worker. Individuals who seek to be accompanied or who seek to accompany another worker will also be protected against victimisation for doing so.

TIME OFF FOR DEPENDENTS – All employees will have the right to take a reasonable period of time off work to deal with an emergency involving a dependant.

PARENTAL LEAVE DIRECTIVE – This provides a right to parents of up to 13 weeks unpaid leave to individuals who meet the conditions within the regulations.

THE MATERNITY LEAVE REGULATIONS – Leave will increase to 18 weeks and the qualifying service for additional maternity leave will reduce from two years to one year.

PART TIME WORK REGULATIONS – New regulations come into force for the purpose of ensuring that persons in part time employment are treated no less favourably than those in full time employment.

This came into force on 1 April 1999 throughout the UK. In most cases workers aged 22 or over will receive at least £3.60 per hour (£3.70 per hour from 1st October 2000), workers aged 18-21 will receive £3.20 per hour (from 1st June 2000).

This came into force on 2 July 1999 and protects workers against detriments or dismissal for raising concerns or disclosing information about matters in the public interest.

Since 1 June 1999 qualifying service for unfair dismissal has reduced from two years to one year.

From October 1999 the maximum compensation for unfair dismissal increased from £12,000 to £50,000 in most of unfair dismissal claims.

These, provide new basic rights and protection for many workers, ensuring they do not have to work excessive hours and in addition give rights to four weeks paid holiday entitlement.

Trade Union Recognition and Individual Representation rights on disciplinary and grievance procedures are the two areas that create the most challenging implications for an organization’s operating levels. (Management, Trade Unions, employers)

Management should from now on, pay more attention on the way it is dealing with employee relationships, as procedures are stricter than ever. Probably the hardest task will be implementing the changes imposed by the new Act. Management should also focus on creating a standardised approach towards employee relationships, thus creating a harmonized and unified structure within the organisation. Furthermore, the management must decide the boundaries that should be set in order to achieve objective judgments in exceptional cases as well as the measures that will allow all relevant procedures to be controlled.

Harvard Business school 1984 stated that employees were a ‘major stakeholder’ and that ‘It is critical that managers design and administer various mechanisms for employee influence’ (Beer et al 1984)

Looking at the case more deeply, the role of management is one of seeking to reconcile the inevitable conflicts that either result from poor communications or from people seeking to further their own interests.

Trade Union Recognition and Individual Representation rights on USA

According to USA law, each employee has the right to form, join, or assist any labor organization (Trade Union), or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Those rights include acting for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of officials, the Congress, or other appropriate authorities, and also to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees.

Nothing shall preclude any organisation and any Trade Union from negotiating

(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority such as management officials.

An organisation shall accord exclusive recognition to a Trade Union if the Trade Union has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election.

The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the organisation involved.

http://www.flra.gov/statutes/fslmrs/fslmrs.html Create Date: Oct-12-00 13:39

A Trade Union which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.

An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at any formal discussion between one or more representatives of the management and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or any examination of an employee in the unit by a representative of the agency in connection with an investigation if the employee reasonably believes that the examination may result in disciplinary action against the employee and the employee requests representation.

Any management official and any exclusive representative in any appropriate unit in the organisation, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the management and the exclusive representative may determine appropriate techniques, to assist in any negotiation.

The rights of an exclusive representative shall not be construed to preclude an employee from being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action, or exercising grievance or appellate rights established by law, rule, or regulation. Exceptions exist only in cases of grievance or appeal procedures.

Any employee who is the subject of any disciplinary action may appeal such action to the same extent and in the same manner as if the management had taken the disciplinary action absent arbitration.

Any employee representing an exclusive representative in the negotiation of a collective bargaining agreementshall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status.

Any collective bargaining agreement may exclude any matter from the application of the grievance procedures, which are provided for in the agreement.

Any negotiated grievance procedure shall be fair and simple, provide for expeditious processing, and include procedures that assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances; assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.

Except as otherwise provided under this chapter, such right includes the right–

(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency–

(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and

(2) in accordance with applicable laws–

(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;

(C) with respect to filling positions, to make selections for appointments from–

(i) among properly ranked and certified candidates for promotion; or

(ii) any other appropriate source; and

(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.

(b) Nothing in this section shall preclude any agency and any labor organization from negotiating–

(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;

(2) procedures which management officials of the agency will observe in exercising any authority under this section; or

(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.

(a) An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election.

(b) If a petition is filed with the Authority–

(A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or

(B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or

(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;

(a) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved.

(a)(1) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.

(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at–

(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or

(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if–

(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and

(ii) the employee requests representation.

(3) Each agency shall annually inform its employees of their rights under paragraph (2)(B) of this subsection.

(4) Any agency and any exclusive representative in any appropriate unit in the agency, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the agency and the exclusive representative may determine appropriate techniques, consistent with the provisions of section 7119 of this title, to assist in any negotiation.

(5) The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from–

(A) being represented by an attorney or other representative, other than the exclusive representative, of the employee’s own choosing in any grievance or appeal action; or

(B) exercising grievance or appellate rights established by law, rule, or regulation;

except in the case of grievance or appeal procedures negotiated under this chapter.

(b) The duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation–

(1) to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;

(2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;

(3) to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays;

(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data—

Duty to bargain in good faith; compelling need; duty to consult

(a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation.

) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization’s eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority.

) An agency shall only accord recognition to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles.

(a)(1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d), (e) and (g) of this section, the procedures shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.

(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement.

(b)(1) Any negotiated grievance procedure referred to in subsection (a) of this section shall–

(B) provide for expeditious processing, and

(i) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances;

(ii) assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and

(iii) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.

(2)(A) The provisions of a negotiated grievance procedure providing for binding arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order–

(i) a stay of any personnel action in a manner similar to the manner described in section 1221(c) with respect to the Merit Systems Protection Board; and

(ii) the taking, by an agency, of any disciplinary action identified under section 1215(a)(3) that is otherwise within the authority of such agency to take.

(B) Any employee who is the subject of any disciplinary action ordered under subparagraph (A)(ii) may appeal such action to the same extent and in the same manner as if the agency had taken the disciplinary action absent arbitration. S O S

(c) The preceding subsections of this section shall not apply with respect to any grievance concerning–

(1) any claimed violation of subchapter III of chapter 73 of this title (relating to prohibited political activities);

(2) retirement, life insurance, or health insurance;

(3) a suspension or removal under section 7532 of this title;

(4) any examination, certification, or appointment; or

(5) the classification of any position which does not result in the reduction in grade or pay of an employee.

An aggrieved employee affected by a prohibited personnel practice under section 2302(b)(1) of this title which also falls under the coverage of the negotiated grievance procedure may raise the matter under a statutory procedure or the negotiated procedure, but not both. An employee shall be deemed to have exercised his option under this subsection to raise the matter under either a statutory procedure or the negotiated procedure at such time as the employee timely initiates an action under the applicable statutory procedure or timely files a grievance in writing, in accordance with the provisions of the parties’ negotiated procedure, whichever event occurs first. Selection of the negotiated procedure in no manner prejudices the right of an aggrieved employee to request the Merit Systems Protection Board to review the final decision pursuant to section 7702 of this title in the case of any personnel action that could have been appealed to the Board, or, where applicable, to request the Equal Employment Opportunity Commission to review a final decision in any other matter involving a complaint of discrimination of the type prohibited by any law administered by the Equal Employment Opportunity Commission.

) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.

Haven’t Found A Paper?

Let us create the best one for you! What is your topic?

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.

Eric from Graduateway Hi there, would you like to get an essay? What is your topic? Let me help you

logo

Haven't found the Essay You Want?

Get your custom essay sample

For Only $13.90/page