February 23, 2022

What do you think would constitute an effective alternative dispute resolution system? What benefits would you expect from

Discussion 7.1

What do you think would constitute an effective alternative dispute resolution system? What benefits would you expect from such a system? If you were asked to rule on a discharge case, what facts would you analyze in deciding whether to uphold or reverse the employers action?

Discussion 7.2

Considering both federal and state labor laws are labor unions still needed in the USA, why or why not? Describe what it means for HR managers when employees win an election to unionize? What can HR do at this point to make sure the employee's and company's interests align?

Discussion 8.1

Describe how a high-performance work system is designed, and explain how the components of it must align horizontally and vertically to support one another and a firm's strategy.

Weekly Summary 7.1 (Chapter 13 and 14 )

This week you will write and submit a minimum of two (2) full page (not including cover page and reference section) summary of the important concepts learned during the week. The paper will include a summary of the topics covered in the readings/chapters for this week.

Weekly Summary 8.1 ( Chapter 15 and 15)

Chapter 16 Implementing HR Strategy: High-Performance Work Systems

Learning Outcomes

Discuss how a firm’s strategy can be achieved with a high-performance work system and what its fundamental principles are

Describe how a high-performance work system is designed, and explain how the components of it must align horizontally and vertically to support one another and a firm’s strategy

Recommend processes for implementing and evaluating a high-performance work system

Discuss a high-performance work system’s potential outcomes for both employees and the organization

High-Performance Work Systems (HPWS)

Specific combination of HR practices, work structures, and processes that maximizes employee’s:

Knowledge

Skill

Commitment

Flexibility

Figure 16.1 – Implementing HR Strategy: High Performance Work Systems

Figure 16.2 – Underlying Principles of High-Performance Work Systems

Egalitarianism and Engagement

Egalitarian work environments

Reduce status and power differences

Increase collaboration and teamwork, which increases productivity

Employee engagement can be increased by:

Involving them in decision making

Giving them power to act

Shared Information and Trust

Critical to the success of employee empowerment and involvement initiatives in organizations

Employees are better acquainted with work and can devise solutions to problems

Employees can make good suggestions for improving business and cooperate in major organizational changes

Knowledge Development

HPWS depends on the shift from touch labor to knowledge work

Employees need to learn in real time, on the job, using innovative new approaches to solve novel problems

Better informed employees, work better

Performance-Reward Linkage

Aligned interests of an organization and its employees make things go smoothly

Performance-based rewards ensure:

Employees share in the gains that result from performance improvement

Fairness and tends to focus employees on the organization

Figure 16.3 – Design Aspects of High-Performance Work Systems

Strategic Alignment

Horizontal fit: Situation in which all the internal elements of the work system complement and reinforce one another

Changes in one component affect all the other components

Vertical fit: Situation in which the work system supports the organization’s goals and strategies

High-performance work systems are designed to link employee initiatives to firm’s strategies

Figure 16.4 – Achieving Strategic Alignment

HR Scorecard

Diagnoses horizontal fit and vertical fit in a straightforward way

Managers diagnose horizontal fit by assessing whether particular HR practices reinforce one another or work at cross purposes

Managers assess whether the HR practices significantly enable key workforce deliverables

Degree of vertical fit is evaluated by assessing the degree to which the workforce deliverables are connected with key strategic performance drivers

Implementing the System

Necessary actions for a successful HPWS

Make a compelling case for change linked to the company’s business strategy

Ensure that change is owned by senior and line managers

Allocate sufficient resources and support for the change effort

Implementing the System

Ensure early and broad communication

Ensure that teams are implemented in a systemic way

Establish methods for measuring the results of change

Ensure continuity of leadership and appoint champions of the initiative

Figure 16.5 – Implementing High-Performance Work Systems

Figure 16.6 – Building Cooperation With Stakeholders

Establishing a Communications Plan

Senior management need to establish the context for change and communicate the vision more broadly to the organization

Commitment from the top is essential to establish mutual trust between employees and managers

Establishing a Communications Plan

Two-way communication:

Results in better decisions

Helps to diminish the fears and concerns of employees when facing changes

Navigating the Transition to High-Performance Work Systems

Factors that determine the success of established implementation plan

Timetable and process for mapping key business processes

Redesigning the work flow

Training employees

HR managers help employees in transition to handle change

Evaluating and Sustaining the Success of the System

Process audit: Determining whether the high-performance work system has been implemented as designed

Evaluation process needs to focus on the goals of high-performance work systems

Building and fostering high-performance work systems is an ongoing activity

Evaluating and Sustaining the Success of the System

Develop strategies to retain and motivate employees to deal with the problem of employee poaching

Periodically re-evaluate high-performance work systems in terms of new organizational priorities and initiatives

Outcomes of High-Performance Work Systems

Employee outcomes and quality of work life

Benefits of proper implementation of high-performance work systems

New products, services, and markets

Employee satisfaction and increased job security

Outcome of improper implementation

Performance of an organization suffers

Employees develop poor work attitudes and habits

Organizational Outcomes and Competitive Advantages

Innovation

Greater flexibility

Higher productivity

Lower costs

Better responsiveness to customers

Higher profitability

Criteria for Success of High-Performance Work Systems

Valuable

HPWS increases value by establishing ways to increase innovation and efficiency, decrease costs, improve processes, and provide something unique to customers

Rare

HPWS help organizations develop and harness skills, knowledge, and abilities that are not equally available to all organizations

Difficult to imitate

HPWS are designed around team processes and capabilities that cannot be transported, duplicated, or copied by rival firms

Organized

HPWS combine the talents of employees and rapidly deploy them in new assignments with maximum flexibility

Learning Outcomes

Explain the concepts of employee rights and
employer responsibilities
Identify and explain what the privacy rights of employees are
Establish disciplinary policies and differentiate between the two approaches to disciplinary action
Identify the different types of alternative dispute
resolution methods

Employee Rights

Guarantees of fair treatment that become rights when they are granted to employees by the courts, legislatures, or employers
Include rights of employees to:
Protest unfair disciplinary actions
Question genetic testing
Have access to their personal files
Challenge employer searches and monitoring
Be free from employer discipline for off-duty conduct
Federal and state courts view the privacy rights of employees as minimal

Employee Rights vs. Employer Responsibilities

Employer is responsible to provide a safe workplace for employees while guaranteeing safe, quality goods and services to consumers
Employers have to exercise reasonable care while
Hiring
Training
Assignment of employees to jobs

Employee Rights vs. Employer Responsibilities

Employers failure to honor the rights of employees, can result in
Costly lawsuits
Damaging the organization’s reputation
Hurting employee morale
Failure to protect the safety and welfare of employees or consumer interests can invite litigation from both groups

Negligent Hiring

Negligence: Failure to provide reasonable care when such failure results in injury to consumers or other employees
Negligent-hiring lawsuits have forced managers to take extra care in the employment and management

Job Protection Rights

Psychological contract: Expectations of a fair exchange of employment obligations between an employee and employer
Led to the development of legal principles about the security of one’s job
Employment-at-will relationship: Right of an employer to fire an employee without giving a reason and the right of an employee to quit when he or she chooses
Basic rule dominating the private-sector employment relationship

Job Protection Rights

Wrongful discharge: Discharge, or termination, of an employee that is illegal
Suits challenge an employer’s right under the employment-at-will to unilaterally terminate employees
Exceptions to the employment-at-will doctrine
Violation of public policy
Implied contract
Implied covenant
Whistle-blowing: Complaints to governmental agencies by employees about their employers’ illegal or immoral acts or practices

Job Protection Rights

Implied contract – Occurs when an implied promise by the employer suggests some form of job security to employee
Explicit contract – Formal written (signed) agreements grant to employees and employers agreed-upon employment benefits and privileges

Job Protection Rights

Constructive discharge: Employee’s voluntary termination of his or her employment because of harsh, unreasonable employment conditions placed on the individual by the employer
Discharge as a result of retaliation
Discharges and WARN Act

Privacy Rights

Freedom from unwarranted government or business intrusion into one’s personal affairs
Involves the individual’s right to be given personal autonomy and left alone
Drug testing in private sector is regulated by individual states
Pro–drug testing states permit testing, provided strict testing procedures are followed

Figure 13.3 – Recommendations for a Drug-Free Workplace Policy

Impairment Testing

Measures whether an employee is alert enough to work
Also called fitness-for-duty or performance-based testing
Advantage
Focuses on workplace conduct rather than off-duty behavior
Identifies employees impaired because of fatigue, stress, and alcohol use

Electronic Surveillance

Camera surveillance
Phone conversations and text communications
E-mail, internet, and computer use
Searches
Access to personnel files
Off-duty employee conduct
Off-duty employee speech
Workplace romances
Body art, grooming, and attire

Disciplinary Policies and Procedures

Discipline: Tool, used to correct and mould the practices of employees to help them perform better so they conform to acceptable standards
Disciplinary actions should be taken only for justifiable reasons
Employees should be treated fairly and consistently

Figure 13.6 – Common Disciplinary Problems

Result of Inaction

Failure to discipline employees aggravates a problem
HR department is responsible for:
Developing and having top management approve an organization’s disciplinary policies
Ensuring that disciplinary action taken against employees are consistent
Employee’s immediate supervisor
Logical person to apply the company’s disciplinary procedures and monitor the employee’s improvement

Figure 13.7 – A Disciplinary Model

Suggestions to Set Organizational Rules

Have to be reasonable and relate to safe and efficient operation of the organization
Consequences for breaking them should be written down and widely disseminated to all employees
Have to be clearly explained
Employees should sign a document stating that they have read and understand the organizational rules
Have to be reviewed, especially those rules critical to work success

Documenting Misconduct

Failure to record the misconduct of employees, can undermine a firm’s efforts to deal with the behavior
Records of employee misconduct are considered business documents
Admissible evidence in arbitration hearings, administrative proceedings, and courts of law
Significant cause of inadequate documentation
Managers do not know what constitutes good documentation

Inclusions in the Documentation

Date, time, and location of the incident(s)
Behavior exhibited by the employee (the problem)
Consequences of that action or behavior on the employee’s overall work performance and/or the operation of the employee’s work unit
Prior discussion(s) with the employee about the problem
Disciplinary action to be taken and the improvements expected should be documented

Inclusions in the Documentation

Consequences of failing to make the improvements by a certain follow-up date
Employee’s reaction to the supervisor’s attempt to change his or her behavior
Names of witnesses to the incident (if applicable)

Investigative Interview

Should be conducted to make sure the employee is fully aware of the organization’s rules and he or she has not followed them
Should concentrate on how the offense violated the performance and behavior standards expected
Employee must be given a full opportunity to explain his or her side of the issue
Employees do not have the right to have an attorney present during an investigative interview

Progressive Discipline

Application of corrective measures by increasing degrees
When applied properly, employees:
Always know where they stand regarding offenses
Know what improvement is expected of them
Understand what will happen next if improvement is not made

Positive or Nonpunitive Discipline

System that focuses on early correction of employee misconduct, with the employee taking total responsibility for correcting the problem
Implementation
Conference between the employee and the supervisor to find a solution to the problem
Second conference to determine why the solution agreed to in the first conference did not work
One-day decision-making leave given to the employee to decide whether he or she wishes to continue working

Discharging Employees

Have to be undertaken only after a deliberate and thoughtful review of the situation
In cases of lack of fair treatment by management, an employee has a right to file wrongful discharge suit
Discharge guidelines are applied to determine if a firm had a just cause for termination

Figure 13.9 – Just Cause Discharge Guidelines

Informing the Employee

Employee must be informed honestly and tactfully of the exact reasons for the action
Helps the employee face the problem and adjust to the termination in a constructive way
Termination meetings should be held in a neutral location to prevent the employee from feeling unfairly treated
Termination details of the employee should be kept confidential

Due Process

Procedures that constitute fair treatment, such as allowing an employee to tell his or her story about an alleged infraction and defend against it
Ensures that a full and fair investigation of employee misconduct occurs
Provided through the employer’s appeals procedure

Alternative Dispute Resolution (ADR)

Term applied to different employee complaint or dispute resolution methods that do not involve going to court
Used in nonunion organizations
ADR agreements are signed by employees when they receive their offer letters or handbooks
Must be fair and equitable to employees and employers

Step-Review System

System of reviewing employee complaints and disputes by successively higher levels of management
Managers are required to provide a full response to the complaint within

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What do you think would constitute an effective alternative dispute resolution system? What benefits would you expect from

Discussion 7.1

Discussion 7.2

Discussion 8.1

Weekly Summary 7.1 (Chapter 13 and 14 )

Weekly Summary 8.1 ( Chapter 15 and 15)

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