Transcript Employee Stakeholders and Workplace Issues

Employee Stakeholders and
Workplace Issues
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The Department of Labor maintains an online
Corporate Citizenship Resource Center at:
www.ttrc.doleta.gov/citizen
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Chapter Sixteen Objectives
• Identify the major changes occurring in the
workforce today
• Outline the new social contract between employers
and employees
• Explain the employee rights movement
• Discuss the employment-at-will doctrine
• 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
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Chapter Sixteen Outline
• The New Social
Contract
• The Employee Rights
Movement
• The Right to a
Job/Not to Be Fired
Without Cause
• The Right to Due
Process and Fair
Treatment
• Freedom of Speech in
the Workplace
• Whistle Blowing
• Summary
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Introduction to Chapter Sixteen
• Consider how global competition has
reshaped the social contract between
organizations and their workers
• Consider the trend of expanding employee
rights
– Right not to be fired without just cause
– Right to due process and fair treatment
– Right to freedom of speech within the workplace
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The New Social Contract
Business
Organization’s
Expectations
Understandings
Employee’s
Expectations
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Social Contract
Reasons for the Change in the Social Contract
• Global Competition
• Technology advances
• Deregulation
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Social Contract: Changes
Old Social Contract
New Social Contract
Job security
Few tenure arrangements
Life careers with one employer
Few life careers; changes common
Loyalty to employer
Loyalty to self
Paternalism
Relationships far less familial
Sense of entitlement
Personal responsibility for one’s
job future
Stable, rising income
Pay for “value added”
Focus on individual
accomplishments
Focus on team building and
projects
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Social Contract: New View
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Employee Rights Movement
For nonunion workers, employee rights issue
continues to be a problem . . . That is, the employees’
desires to be treated with dignity and respect, to have
a right to due process,
privacy, freedom of speech, and
safety, and even a right to a job.
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Employee Rights Movement
Sources of Employee Rights
• Statutory rights
• Collective bargaining rights
• Enterprise rights
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Employee Rights Movement
Models of Management Morality and
their Orientation Toward Employees
Moral
Amoral
Immoral
End
Law
Means
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Right Not to be Fired Without Just
Cause
Employment-at-Will Doctrine
• Public policy exceptions
• Contractual actions
• Breach of good faith actions
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Right Not to be Fired Without Just Cause
Management’s Response
1.
2.
3.
4.
Stay on the right side of the law
Investigate complaints in good faith
Deal in good faith with employees
Fire only for good cause
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The Right to Due Process
Types of Due Process
• Substantive due process
– Right to fair treatment
• Procedural due process
– Right to a fair system of decision making
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The Right to Due Process
Employee Constitutionalism
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•
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•
Procedure
Visible
Effective
Institutionalized
• Equitable
• Easy to use
• Apply to all employees
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Alternative Dispute Resolution
Common Approach
• Open door policy
• Three concerns
– Process is closed
– One person review
– Bias in favor of managers
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Alternative Dispute Resolution:
Ethical Ways for Due Process
Hearing procedure—permits employees to be
represented by attorney or neutral party
Peer Review Panel—Fellow
workers in the same job family and
at a grade level equal to or higher
than the employee with a grievance
Ombudsperson—A “troubleshooter” investigates and helps
achieve equitable settlements for employee complaints
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Whistle Blowing
Corporat
e
Employer
Corporat
e
Employer
(Has certain
rights)
Employe
e
Loyalty
Obedience
Confidentiality
Responsibility
Responsibility
Employe
e
Public
(Has certain
rights)
Whistle blowing
(Has certain
rights)
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Consequences of Whistle-Blowing
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•
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Increased criticism of work
Less desirable work assignments
Pressure to drop charges against the company
Heavier workloads
Loss perquisites
Exclusion from meetings
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Whistle-Blowing
Seven Stages of Life of a Whistle-Blower
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Discovery of the organizational abuse
Reflection on what action to take
Confrontation with superiors
Retaliation against the whistle-blower
Long haul of legal action
Termination of the case
Going on to a new life
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Whistle-Blowing
Examples of Government Protection
• Civil Service Reform Act
• Whistle-Blowers Protection Act of Michigan
• False Claims Act
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Management’s Preemptive
Responses to Whistle-Blowing
• The company should assure employees that the
organization will not interfere with their basic
political freedoms.
• Grievance procedure should be streamlined so that
employees can direct complaints and not “blow the
whistle.”
• Review the organization’s concept of social
responsibility so that it is not simply corporate
giving to charity.
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Management’s Preemptive
Responses to Whistle-Blowing
• Formally recognize respect for the individual
consciences of employees.
• Realize that dealing harshly with whistle blowing can
result in adverse public reaction.
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Selected Key Terms
• 1978 Civil Service
Reform Act
• Alternative dispute
resolution (ADR)
• Collective bargaining
• Due process
• Employee
constitutionalism
• Employee rights
• Employment-at-will
doctrine
• Enterprise rights
• False Claims Act
• Good faith principle
• Hearing procedure
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Selected Key Terms
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•
•
•
•
Implied contracts
Ombudsperson
Open-door policy
Peer review panel
Private property
• Public policy
exception
• Social contract
• Statutory rights
• Whistle-blower
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