contemporary developments in employment relations assignment

5DER Contemporary Development in Employment Relations

Introduction to 5der contemporary development in employment relations.

Contemporary developments in employment relations is a level 5 CIPD unit designed to help learners develop their employment relationships. Level 5 units are also known as intermediate programmes and can be equivalent to an undergraduate degree. The unit primarily focuses on teaching the students the fundamental skills of making sound business decisions and good practices for international and national employee relations.  Students of the unit will be taught how to effectively manage employment relationships in all organisations, whether indigenous or multinational. They will also be equipped with theoretical and strategic knowledge of principles and perspectives relating to issues of employment relations. This means that, the students who pursue this unit can not only work in the local markets, but also in the global markets. Employment relations are an essential element of people skills that are used by HR practitioners.

The primary objectives of the unit include:

• To understand the nature and context of employment relations.
• To understand the legislation of employment relations
• To understand contemporary developments in employee involvement and participation
• To learn about different forms of conflict and dispute resolution.

Human resource professionals should have an understanding of the essential developments in the theory and practice of employment relations. The unit is suitable for HR practitioners because it allows them to build on their knowledge and experience and develop the necessary skills to make a sound judgement about existing and emerging models of employment relations. Students of this unit will also be enlightened on both local and international legislations that pertain to employment relations.

Unit Suitability

The unit is suitable for all individuals seeking to understand the role of human resource manager in an organisational context. It is also suitable for employees and employers tasked with the responsibility of implementing the HR policies in an organisation. Students who aspire to pursue a career in human resource management and development are also eligible to enrol for the unit. Finally, all the people working as HR practitioners and need to increase their knowledge and sharpen their skills in employment relations can enrol for the unit. Individuals who belong to any of the four categories mentioned above can greatly benefit from the lessons taught in the unit.

Unit Content

The unit is covered in a notional 60 hours. However, the lessons as will be described in this section (directed learning) will only be taught in 30hours. The other 30 hours will be dedicated to personal studies and assessment time. The unit content is primarily based on the unit objectives. Firstly, students will be taught about the nature and context of employment relations. In this lesson, learners will be taught about the indeterminacy of the employment relations systems, power balance, casual and atypical employment forms, and nature of work in contemporary society and institutions of labour market regulations.

Second, the lesson on regulations of employment relations will cover various elements. It is important to understand that, all lessons will use theoretical studies but will draw examples from existing companies. In the lesson covering regulations and legislations, students will learn the source of law such as the UK and EU institutions. They will also be taught on changes in individual and collective employment rights, the importance of trade unions, the role of government and government agencies in employment relations and written terms and conditions of employment relations. The last elements that will be covered in the second lesson revolve around recognition, functions, growth and decline of Unions. Both European and non-European employment relation systems will be taught and illustrated with suitable examples.

Third, the students will be taught on contemporary developments in employee involvement and participation. In this lesson, the competing concepts of employee involvement and participation will be elaborated. Additionally, the significance of union and non-union employee representation will be discussed and students asked to demonstrate each. Issues of employees’ consultation and information regulations, employee voice and organisation insight will also be detailed in the lesson. At the end of the lesson, the student will have learnt how to measure and value an organisation’s equity to derive sustainable organisational performance.

The last lesson covered by the unit is based on the last objective. The lesson will teach the students on the different types of conflict behaviours and approaches of dispute resolution. Different forms of employee conflict and misbehaviours will be discussed and contemporary developments in industrial actions analysed.  Both individual grievance handling and collective dispute resolutions are elements of conflict resolution that will be detailed by the unit. Methods of conflict resolution such as mediation, third party conciliation, mediation and arbitration will also be discussed. By the end of the lesson, learners will have the necessary skills to legally manage a potential conflict situation and achieve consensus.

Learning Outcome

At the end of the unit, students will be assessed on their understanding of all the lessons taught. Learners are expected to:

• Demonstrate an understanding of the nature and context of employment relations.
• Translate and apply employment relations legislation
• Demonstrate understanding of the Contemporary developments in employee involvement and participation
• Differentiate the various forms of conflict and dispute resolution approaches.

Summary and assessment

The unit has been designed to enable its students to examine and understand contemporary developments that directly influence effective management of employment relations in all organisations. The unit is beneficial to the student because it offers adequate knowledge and skills that help the students become experts in carrying out their duties and responsibilities. Learners who pursue the unit are willing to develop their careers and professionalism. The unit comprehensively covers matters associated with contemporary developments and employment relations that are essential for improving organisational performance and sustainability. Students who have completed this unit are more confident in their ability to manage employment relationships and thus are valuable to an organisation.

Finally, at the end of the unit, students will be expected to submit a 3900 words assignment. Assignments in level 5 of CIPD seek to tests the students’ analytical skills and critical thinking ability. Therefore, the answers should demonstrate an understanding of the primary concepts and they should be illustrated using viable examples. It is critical that the students use both their theoretical and practical knowledge to complete the assignment.

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Contemporary employment relations: a critical introduction

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• employment INIS 100%
• Employment Social Sciences 83%
• Case Studies Social Sciences 66%
• Guides Social Sciences 50%
• Introduction Social Sciences 33%
• Approach Social Sciences 33%
• Understanding Social Sciences 33%
• Students Social Sciences 33%

T1 - Contemporary employment relations: a critical introduction

AU - Williams, Stephen

AU - Adam-Smith, D.

N2 - Contemporary Employment Relations: A Critical Introduction offers an original, accessible, and critical approach to understanding employment relations. Based on up-to-date research studies, it considers recent developments in employment relations, defined as the way in which employment relationships are regulated, experienced, and contested. A thematic approach to the subject helps to demonstrate the contemporary relevance of employment relations, enabling students to develop an appropriate level of knowledge and understanding of this key area of economic, social, and political life. The book is packed with up-to-date case studies to show how theory applies to real-life examples, from Royal Mail to McDonalds, Kettle Chips and Ryanair. Online Resource Centre: For Lecturers: Case study guide to accompany end-of-chapter case studies in the text PowerPoint slides Guide to web cases Guide to end of chapter questions Two video clips featuring practitioners from the TUC and Molly Maid UK discussing employee relations in both a commercial and a not-for-profit organization Figures and tables from the book in electronic format For Students: Annual updates Interactive flashcard glossary Web links Web case studies

AB - Contemporary Employment Relations: A Critical Introduction offers an original, accessible, and critical approach to understanding employment relations. Based on up-to-date research studies, it considers recent developments in employment relations, defined as the way in which employment relationships are regulated, experienced, and contested. A thematic approach to the subject helps to demonstrate the contemporary relevance of employment relations, enabling students to develop an appropriate level of knowledge and understanding of this key area of economic, social, and political life. The book is packed with up-to-date case studies to show how theory applies to real-life examples, from Royal Mail to McDonalds, Kettle Chips and Ryanair. Online Resource Centre: For Lecturers: Case study guide to accompany end-of-chapter case studies in the text PowerPoint slides Guide to web cases Guide to end of chapter questions Two video clips featuring practitioners from the TUC and Molly Maid UK discussing employee relations in both a commercial and a not-for-profit organization Figures and tables from the book in electronic format For Students: Annual updates Interactive flashcard glossary Web links Web case studies

SN - 9780199545438

BT - Contemporary employment relations: a critical introduction

PB - Oxford University Press

CY - Oxford

CONTEMPORARY EMPLOYMENT RELATIONS - 2023/4

Module code: MANM346

Module Overview

The module explores the employment relationship from a socio-economic perspective. It is one of the specialist units on the programme and analyses the relationship at the heart of the employment connection. It gives a broad appreciation of the role of the human resources professional and the line manager in managing employment relations. Our focus is on the dynamic and varied nature of the employment relationship, focusing on the role of management, employees, and the state in both national and international perspectives. The module is broadly divided into three sections: (1) Contemporary Employment Relations actors, (2) comparative and international Contemporary Employment Relations and (3) applied Contemporary Employment Relations issues.

Module provider

Surrey Business School

Module Leader

WOODHAMS Carol (SBS)

Number of Credits: 15

Ects credits: 7.5, framework: fheq level 7, module cap (maximum number of students): n/a, overall student workload.

Independent Learning Hours: 84

Lecture Hours: 22

Seminar Hours: 11

Guided Learning: 11

Captured Content: 22

Module Availability

Prerequisites / co-requisites, module content.

In eleven sessions that add to a total of three hours we will cover the following topics: 1. Introduction to Employment Relations (ER) 2. ER Actors I: Management 3. ER Actors II: Employees 4. ER Actors III: The State 5. Comparative ER I: ER Systems and International Influences 6. Comparative ER II: ER Systems Across Countries 7. Applied ER I: Dispute Resolution Case Study 8. Applied ER II: Employee Voice and Involvement 9. Applied ER III: Equal Opportunities 10. Applied ER IV: Contemporary ER Issue 11. Consolidation Session  

Assessment pattern

Alternative Assessment

Assessment strategy.

• Critical application of course materials
• Knowledge of key employment relations components and systems and how they vary
• Knowledge of the evolution of employment relations
• Ability to present solutions to problems and assess their suitability in a given context
• Assessment strategy involves more than exam technique (e.g. presentation, teamwork, and research skills).
• Coursework; an individual assignment assessing learning outcomes 1-4.
• Verbal feedback in Lectures/tutorials
• Clear explanation of marking scheme
• Discussion boards and an FAQ section on SurreyLearn
• Feedback on draft assignments.
• Written feedback on coursework within three weeks of submission (by course tutors)
• Office hours held will be held bi-weekly should further feedback be required

Module aims

• To provide students with an understanding of the evolution of employment relations and the shifting roles and nature of management, employees, and the state, focusing primarily on the UK, Europe, North America, and China.
• To enable students to understand contemporary ER issues in an applied manner, teasing out their wider implications for organizations and society.
• Articulate the main trends in employment relations, provide accurate advice on frameworks of collective and individual employee relations in national and international contexts, and evaluate how contemporary issues and proposed developments are likely to affect management policies and procedures.

Learning outcomes

Attributes Developed

C - Cognitive/analytical

K - Subject knowledge

T - Transferable skills

P - Professional/Practical skills

Methods of Teaching / Learning

The teaching and learning strategy is designed to enable students to gain knowledge and understanding of key theories and concepts in the field of HRM, and to critically analyse the links between theorical approaches and organisation practice. Classroom activities begin to develop cognitive, professional and transferable skills, such as critical analysis, evaluation and use of evidence, plus the generation of insight and independent inquiry as is practiced in the field of HRM. This prepares students for higher-level competencies such as argumentation, justification and providing timely and appropriate advice to a range of stakeholders Most of the learning will be tutor-facilitated independent study. Tutor-centred delivery will be in the form of lectures and seminar exercises (e.g. case studies, mini-quizzes, open discussions, and critical evaluations of texts). Teaching and learning methods include: •              Lectures •              Seminars •           Digital content •           Case study discussions •              Self-directed learning •              Reading •              SurreyLearn  

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk Upon accessing the reading list, please search for the module using the module code: MANM346

Other information

This module promotes all of the main five Student Competency Framework Pillars in the following ways.

Global and Cultural Capabilities

One of the core themes of this module is to internationalize the application of theory in order to be able to critique its generalizability. Students acquire global and cultural capabilities by problematizing seemingly-accepted managerial norms that may not translate to international labour markets; for example how to get construction work undertaken in Qatar or fast fashion manufactured in Bangladesh. Additionally, students undertake discussion in groups in seminar time meaning that all students, including those who are working in their second language, have the opportunity to contribute.

Sustainability.

Taking a broad understanding of sustainability as embedded in the United Nations’ Sustainable Development Goals, this module develops student learning on the ways that employment relationships contribute to decent work and economic growth, reduced global inequalities and gender inequality, Labour market economics, global employment relations and institutional theory, global trade unions and gender inequality assist students to appreciate ways that forces that sustain global growth can have deeply unequal effects. We review pan-national bodies with a mission to overcome global inequalities such as the International Labour Organisation.

Employability

The assessment in this module requires students to develop an understanding of labour markets both in the UK and globally in order that they can evaluate the competitiveness of jobs markets for both themselves and others. The module is part of a programme that supports students to gain membership of an accredited professional body for human resource management that is globally recognized.

Digital capabilities

As part of the syllabus, students will evaluate ways that technology is changing labour markets, and, where it is replacing workers, how that will alter the balance of power between employers and employees.

The module is designed to meet the Learning Outcomes of the CIPD unit 7HR01 Strategic Employment Relations

1. Understand different perspectives on employment relations and how they influence the roles of people professionals and line managers

- critically evaluate different perspectives on employment relations

- contrast examples of cooperation and conflict within the employment relationship in different organisational contexts

- critically evaluate employer strategies towards trade unions and whether they are fit for purpose

- review ways in which people professionals can foster positive employment relations at work

2. Understand how external institutions can shape employment relations at organisational level

- critically evaluate the extent to which globalisation and other international influences have shaped and transformed employment relations within organisations

- review the practice of employment relations at organisational level, including how it is being shaped by short-term competitive pressures

- critically appraise the advice that external bodies can provide in order to help people professionals make appropriate decisions for their organisation

- analyse the changing nature of work in different parts of the economy

3. Understand how people professionals can work with employees and trade unions to sustain mutuality and voice

- review evidence of external sources of advice that contribute to people management decisions, including which forms of voice are appropriate for different types of organisation

- critically analyse how different forms of indirect/informal/direct voice could contribute to improved levels of organisational performance and employee outcomes

- evaluate how people analytics and research supports the fact that voice enhances both organisational performance and employee outcomes

4. Understand how people professionals work with employees and trade unions to mitigate organisational risks

- critically analyse the role of collective bargaining in determining pay and other contractual issues in organisations

- assess the impact of negotiations between employers and employee associations/trade unions aimed at problem resolution

- review the advantages and disadvantages of third-party options in resolving disagreements at work

- examine the design and implementation of grievance, disciplinary and other procedures and their fitness for purpose in the organisation.

Programmes this module appears in

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2023/4 academic year.

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1- Introduction of Contemporary Developments in Employment Relations Assessment Activity Assignment Sample

Industrial actions, misbehaviour, industrial disputes, indeterminate nature of employment relation, factors that affect employment relation, conflicts and misbehaviours, official and unofficial industrial actions, type of conflicts and industrial sanctions, skills for effective grievance and dispute-handling procedures, third-party conciliation, mediation, and arbitration, 4- advice, guidance, and further support, human resource manager advise, training and development programs, employees' laws and acts, technological advancement, roles of external conciliation, mediation and arbitration services.

Employee disputes represent the inevitable workplace situation that requires substantial attention to reduce the emerging conflicts (Zhang et al., 2020). Ignoring employees' concerns and developing issues can increase the business cost. Workplace disputes can occur because of a distinct culture, values, priorities, and backgrounds. Conflicts can be generated between the employees and employers. Human resource management and enterprise managers play the role and intervene to resolve the issue before it escalates higher and creates an adverse impact on the business culture and productivity (Kwong et al., 2021). One of the concepts that could lead to conflicts within the workforce is indeterminacy. Indeterminacy presents the idea that the labour contract does not inculcate or objectively define the capacity of effort to be contributed by the employees in exchange for rewards (Collin and Terry, 2010). This further leads to explains that the employees must complete the assigned work to them with high effectiveness and efficiency, regardless of how much work is given to them. In this regard, the case study is developed, which is comprised of the employee disputes and resultantly transfer to strike actions against the individuals. The case study of industrial relations is created to discuss the prominent issue and significant causes.

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The United Kingdom contains legal rights and regulations against employment rights. The employment act (1996) entails significant information regarding employee benefits, working conditions and contracts established to maintain the relationship (Charalampous et al., 2019). Businesses and industries are obligated to fulfil the requirement of employees to make the working environment flexible and productive. But various industries have been encountering the prominent issues of employee disputes due to increasing inflation and decline in wages. Trade union workers and cleaners were arguing with the sector to upsurge the employee wages due to the persistent rise in inflation, which has hit hard the economic situation. The prominent example of GMB Trade union congress demonstrates the major emerging disputes which resultantly force the employees to strike against the prevailing situation. GMB is one of the biggest unions. The enterprise also experienced the identical issue of employee disputes which later became industrial disputes and generated major disturbances as employees were striking against policies and lower wages. The company is recently involved in more than ten strikes due to prevailing unethical practices and wage rates for employees.

The particular case is GMB, which is a general trade union in the UK having more than 460,000 members. The members of GMB work in different sectors and industries, and the objective of this organisation is to make sure that the employees are given their rights, along with being provided with the right business environment and atmosphere to work, focusing on various aspects. The case describes how GMB has also been facing the issue of low wages and participated in the strikes taking place, as a protest against the minimum wage policy. Industrial policies and inflation have been identified to be the major external factors that have influenced companies to maintain a low-wage level for employees, and this has emerged to be a major issue for employees working in various sectors of the UK.

The employees went on a strike and were involved in protests to raise their voices against the policies developed by the company. The employees gathered together to protest and this eventually had a positive impact on the industry, influencing it to amend its policies related to wages. The industry was aware that the strike could adversely affect the sector as there will be no work taking place, and the losses incurred because of this could be much more than the wages asked by the labour. The response was immediate and the concerns of employees were catered.

More than 42 employees of GMB Company were involved in the disputes because of the below-inflation wages. Global financial crises lower the employee wage growth rate, which has become stagnant in recent years. GMB Company was attaining a higher position and contained a remarkable growth rate across the globe, but industry regulations provided lower and restricted salary packages which forced the employees to strike against the company. In contrast, the other enterprise also encountered the same issue and participated in the strike. The overall situation creates major inconsistencies and negatively influences the citizens and working life of the individuals in the state because employees were striking to obtain sufficient salary packages (Wall, 2022). Employee relations are a crucial process for an organisation that includes both formal and informal aspects to sustain the long-term relationship. Employers are obligated to provide competitive market salaries to workers in a safe culture and workplace environment. But the given scenario of employee disputes represented that employers did not give importance to employees' developing conflicts and demands, which later caused the strike actions against the industry regulations (Chang, and Cooke, 2018).

UK industries possessed strict laws and regulations for employees, particularly after the bank crash. Industries failed to acquire the decided national threshold to offer salaries to union workers. The deduction in pensions and lower salary packages were the primary reasons for the strike. The higher inflation and restraint in employee wages pushed the industry to maintain a lower rate which caused higher struggles for a lot of people in the state (Wright et al., 2018). The outcome of the strike was positive, which forced the industry authorities to re-allocate the funding and augment the employee wages to compete against the inflationary spiral. Employee and employer relations are implied to follow the legal rights and obligate to fulfil the industry requirements to decrease the chances of occurrence of uncertain events which influence the business operations and productivity of the industry. The present case study shows the employee disputes, which later transmitted into industrial disputes. According to Obiekwe and Eke (2019), lower disputes and conflicts among the employees enhance employee morale and productivity. Impactful human resource management is required to listen to employees' inquiries and manage the complications in the business environment. The present case shows the inefficiency of industry laws in managing operational activities. Both companies and employees were protesting against the industry in the UK to raise employee wages, which can contribute to enhancing the standard of living. The dispute developed major challenges for the state but also forced the lawful agencies to modify the approaches to maintain the situation and accomplish the industry benchmark of wages (Shaturaev, 2022).

The industrial action was official for the given case study of UK employee disputes because more than ten strikes were running in the UK by the union workers. A significant proportion of employees and trade union workers was observed in the strike, which backed the strike. The strike was organised adequately with the exclusion of unfair dismissal and actions of individuals to make it peaceful for the environment. According to Vandaele (2018), industrial activities is usually initiated by the trade union workers by following rules and guideline to perform the act in a peaceful environment. Workers are intended to follow the developed show by the government. The official industrial actions establish the conditions which can be managed by the authorities as workers follow the protocols of the strikes.

In contrast, the unofficial actions are majorly comprised of risk and uncertainty. The measures are not protected by the union companies and comprehend non-disciplinary actions. The employee strikes, walk-out and rallies are prominent examples of unofficial industrial actions. The unofficial strikes from the employees do not provide support and benefits to employees (Ludlow, C., 2020). The present case study demonstrates the official industrial actions.

Boutron et al. (2019), conflict represents the disagreement between the employee’s opinions and actions. The approach is considered a natural phenomenon among individuals because of having adverse distinct backgrounds and values. In addition, priorities to personal goals and expectations also lead to developing conflicts. Examples of conflicts that take place at the enterprise are discrimination, dissension, micromanagement, unequal distribution, and bullying. The higher interdependencies and inconsistent behaviour due to communication problems also contribute to developing conflicts in the workplace. Indecisiveness is promoted in an organisation because of the worker's conflicts and disagreements on a specific issue. To overcome the problems, organisations are implementing several tactics to reduce conflicts and provide a peaceful environment.

According to Okolie and UDOM (2019), misbehaviour is comprised of the actions which depart the employees and management to attain the goals and objectives of the enterprise. Employee misbehaviour can develop severe issues such as harassment, fraud, incivility, and sabotage. These actions are usually considered the intentional act of the employees to obtain the benefits for self-interests. The behaviour impacts the individual actions and forces them to violate the ethical practices of the organisation and societal norms. Individuals perform the act to gain higher benefits which consequently raise the firm's cost to recover the loss or massive crises. Employee misbehaviour can possess the capacity to conduct unethical acts deliberately and work for personal gains. The intentional damage can be developed, such as defamation through social sites or sabotage of business property.

With regards to official action, it could be identified as a business activity or response that is taken publicly and the consequences are evident in it. The official action is well communicated by the employers, and the results of it are evident as well. On the other hand, unofficial action is something that a company does without disclosing it publicly. The necessary activity takes place to attain the required results, without the firm accepting that it has been involved in a certain measure. Conflict takes place in a company when there is a difference of opinion, and this may take place between employees or the management. When two parties disagree on something, it creates a conflict between them, wanting to go in a certain direction that is not acceptable to the others. On the other hand, misbehaviour is when a person interacts and behaves with others in the wrong manner. It could be considered as the actions that are considered wrong in a society in terms of moral and ethical aspects.

The union employee strikes in the UK possessed a lower intensity as compared to the industrial disputes which emerged in the 1970s and 1980s. The employees follow the official industrial actions while protesting against the lower wages and higher inflation rate. According to Vandaele (2018), trade union workers follow the sanctions and traditional methods under the trade union act of 2016. The actions and sanctions provided by the government are usually changing due to persistent changes in the global business environment and provide the authority for sit-down strikes. The British industrial actions in 1980 were intense and attempted to close business activities. The strike was formulated by the union workers and the national coal board of the UK against the developing disputes. Subsequently, the industrial actions in the 1970s also established to acquire higher wages and union rivalry. The strikes represented unofficial industrial actions that also incorporated political interference. Millions of workers stopped working in the enterprises, which damaged the economic situation (Lyddon, 2018). The current strikes in the UK involve a lower number of employees who are participating in strikes in different locations. Soaring inflation and insufficient wages fall the standard of living and develop a struggling environment. Union membership was at the peak in the late 1970s, and reached to over 13 million. While this reached out to a high number, this again fell dramatically in the 1980s when Thatcher took on the trade unions, and introduced different policies and strategies to strengthen the economy. Thatcher focused on restructuring the economy and this eventually led to major changed being made for the employee and company relations as well. The unions have been of immense benefit to the employees as they have been striving to ensure that the employees could attain what they need and require. The members of union considered support from them so that their rights could be protected and secured.

Some of the recent organisations of the world have been more focused on the standard as well as non-standard contracts with employees. Along with this, it can be seen that some contemporary organisations of the world have been involved in the non-standard contract in their delivery services. Non-standard contracts with the employment in the delivery of the product included dynamic relationships of the employees. It mainly observes that the employment relationship is indeterminate or insufficient. The employment relationship in TESCO is mostly lawful to connect among employees and the organisation in an effective way. It usually exists when an individual serves a service or profession under specific requirements in recovery for compensation. Nonetheless, industrial connections are mainly linked with trade mergers, coordinated bargaining and walkouts, while “human resource management and employee relations” are noted as being regarding addressing links with separate workers. According to Kelly (2005), the philosophy mostly linked with industrial connections is an enormously limited one that, is feasible and does not judge its authorised branch on employment linkages. Employment connections are distant from being exclusively about business coalitions and cooperative bargaining, regardless. It is likewise regarding work industry, the character and scope of administrative hierarchies and authority configurations, which have a deep sense for personal growth, fitness and a nation’s social finances stock.

Some recent studies claim that employees of the world are more and more inclined toward the legal and standard code of a company. Along with this, in case a company failed to construct an effective legal framework for the employees that provides efficient rights and standard wage. In this regard, it cannot be exaggerated to say that the legal protection regarding the right of employees and certainty of standard wage can affect employment relations. Some scholars think contemporary employees are more and more concerned about their rights and willing to get a standard wage so in case a company is failed to provide effective protection to them then their trust in the behaviour of a company is adversely affected. It is likewise essential to see the significance in the job of innovation in arranging out the latest work open doors and additional developing workers' haggling power in similar esteem. For instance, in the present day, the “ information communication technology (ICT)” area usually utilises millions of individuals, worldwide. Some internal factors, which are influencing employment relationships, are understood to be industrial-specific elements that mainly impact employees and the hierarchy in the workplace. It also recognises the strength of union workers, administrative commitment and firm culture as the major internal elements influencing industrial connection among employees and employers.

Conflicts mostly originate from disputes that are not decoded between firms and workers. Conflicts in most of the circumstances result in walkouts, rallies, go-slows and negative worker manners that divert the standard working strategies at employment (Thanh, et al. 2022). On other hand, Misbehaviour is mainly understood as deliberate averse behaviour on worker behaviour. Moreover, Misbehaviour is a consequence of absenteeism, fraud, delinquency to work and robbery among others.

Industrial actions mainly occur whenever industrial union partners are in controversy with their firms which may not be decoded through negotiation. Official industrial actions mainly understood that the company union has endorsed or authorised the action in an effective way. In TESCO, this also nourishes workers taking official industrial action at the lowest tier of protection. Employees are having extra protection if the organisation's action is safe and secure (Lyddon, 2018). Apart from that, Employees who are implicated in unofficial industrial action contain no safeguard at all. Moreover, unofficial industrial actions are mainly understood as organisations that are not taking industrial action which are mainly not managed by, and are not accountable of, any employment union. The organisation has no privilege to mainly claim clearance if workers are discharged while participating in any kind of action in the workplace.

In the contemporary business environment, conflicts are a part of business life that is occurred in various industries of the world. Sometimes, it can be seen that conflicts between employees and employers have occurred due to economical reasons. Along with this, sometimes it can be also seen that some conflicts have occurred due to non-economical reasons such as conflicts regarding health issues of the employees and the rights of the employees. Along with development particularly in economising, it has directed recent modifications and characteristics in international competitive circumstances, dissolution of mediation between employees and firms, additionally adjustable compensation strategy, workers distribution and workshop association and industrial connections in both materialised and growing nations. Development has positively controlled industrial connections in advanced nations with diverse kinds of market economising. There are two crucial visions that must be distinctly demonstrated, development and organisational relationship. Apart from that, there are various sorts of elements that are relevant to technology, finance and human relations which are mainly accountable for these modifications in an effective way. Cyber security also plays an essential part in the advanced trends of organisational sanctions and conflicts.

With the digitalisation of the system, the consumers, as well as the employees of various companies around the world, have been raising the demand for the online platform for grievances as well as dispute redressal. In this regard, it is required for modern organisations to provide proper training to the employees regarding the platform because before it they are not handling grievances as well as disputes in an online environment (Gao & Liu 2022). Sometimes, it can be seen that a communication gap among the employees that have filed complaints against the company or any grievances regarding the right of consumers is able to adversely affect the dispute handling procedures. In this regard, it cannot be exaggerated to say that in case an organisation is able to provide an effective communication platform and implement the such platform in a better way then there is no doubt that it can improve the performance of the dispute handling procedures. Along with this, sometimes it can be also seen that due to the large size of the organisation, some grievances redressal departments of the organisations have many complaints that cannot be fulfilled within promised day. In order to avoid such delays in resolving disputes, such organisations need to transfer the disputes to their respective department.

Sometimes it can be seen that conflicts occur between the employees and the employers and going with the mentioned legal process of resolving conflicts required more and more time. In this scenario, it can be seen that in case the employees go with the legal process then it requires more time that can affect the performance of the organisation as well as can adversely affect the business process and reputation of the organisation. Arbitration conducted when mutual consideration has taken place. In this case, both parties are required to concede the role of mediators. Third-party conciliation is also effective for the reconciliation process as both parties believe in the rationality and judgment of the same. Arbitration taking place in section 33(1) of the Arbitration Act of the UK indicates the role of thor parts and their involvement in the mitigation process (Pender et al. 2019). It has been found from the different states that the role of the mediator could be effective if both the litigants allow informing all the crucial information to the mediator. The Arbitration Act in the UK is operated by the Arbitration Act of 1996 which stands for establishing a consolidated society for reducing business litigation in the country. Since its inception, it has strived to lower the rate of litigations in the country by speeding up the process of conciliation.

Human resource plays an important role in resolving the organisational issues and conflicts which prevails between employees and employers (Zhou, Fan, and Son, 2019). But it is witnessed that human resource managers remain incompetent to manage crises due to a lack of communication with employees. The crucial consequences reached the peak level, which declined the human resource manager’s ability to control the issue at a critical stage. But the situation can be managed at a certain level by adopting effective approaches to guide the managers. HR faces numerous issues when operating in the company, and each of these concerns have to be handled and managed in their own effective way. HR critically evaluates the situation of the company and the issues prevailing in the long run, and these are further communicated with the management to make sure that they could be resolved by forming an inclusive approach. Even though a number of different issues could take place in a company, it is the work of HR to make sure that people related concerns are mitigated in an effective way, and they are stopped from escalating (Gomez et al., 2019). Conflict arousal between diverse groups could be one of such issues that may take place in the firm, and HR could prevent such instances from taking place by developing adequate policies related to inclusivity. If there is a zero-tolerance policy in the company against discrimination and bias, the individuals would restrict themselves from being involved in any such cases.

The human resource management of the company must provide the training regarding the conflict management situations with impactful tools and equipment to become active and attentive in the organisation. The observant behaviour can enable the managers to assess the organisation's situation and employee behaviour which can be used to prevent the emerging negative crises. Training also enhances the manager’s personality and boosts confidence level to perform the role effectively and manage the workplace issues (Milner, McCarthy, and Milner, 2018).

It is the duty of the manager to keep updating the workforce regarding the implemented laws and regulations of the industry to spread awareness. The amendments in legal rights and the company's policy-related information are also given to prevent uncertain actions and disputes. The provision of such information enhances employees' knowledge and avoids the unequal distribution and unfair treatment misconceptions.

Managers can develop productive relationships with employees by the inclusion of technological equipment and tools. Managers can quickly collect employee feedback or provide an open communication platform to discuss issues and queries which are disturbing the workplace environment. The real time data and quicker responses from employees can enable the management skills to maintain business culture and value in the market.

Third party conciliation or external conciliation contains no rights and legal standing related to the occurred event. It follows the formal process with the least compliance and prefers to maintain the data in confidentiality. It is intended to emphasise the relationship highly and is used in a critical situation in the case of a tribunal claim. The lack of finality and informal process increased the risk factors.

Mediation is widely used in the developing stages of disputes and possesses higher flexibility than arbitration. The process also stimulates less formal actions against the conflicts to resolve the issue and concentrates highly on the results. It involves both parties agreeing on a particular condition and attaining a higher level of satisfaction, but the major disadvantage of the mediation is the discovery process and legal precedents.

Arbitration emphasises the legal process to control the outcome of the dispute and make the situation favourable for all candidates. The method is implemented in crucial dispute conditions when the parties are no longer involved to decide the results and follows good terms and conditions. The pre-arrangement of documents and confidentiality are maintained during the whole process. But the prominent disadvantage of the trait is the decision-making process which does not incorporate the explanatory statement (Nkosi and Mahlako, 2020).

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PERB Clarifies MMBA Test for Evaluating Whether Managerial Decisions Are Negotiable

On October 31, 2019, the Public Employment Relations Board (“PERB” or “Board”) rearticulated the test under the Meyers-Milias-Brown Act (“MMBA”) for determining when a public employer must negotiate with unions about managerial or policy decisions.  ( County of Santa Clara (2019) PERB Decision No. 2680-M.)  The Board explained that it would apply the Richmond Firefighters and Claremont tests, provided by the California Supreme Court, in evaluating the negotiability of managerial decisions. 

The County of Santa Clara (“County”) operated a comprehensive healthcare system that included primary care clinics, inpatient and outpatient facilities, and a trauma center hospital.  The County employed dozens of Protective Service Officers (“PSOs”), and assigned several of them to provide security services at its clinics and hospital.  PSOs were represented by the Service Employees International Union, Local 521 (“SEIU”). 

Prior to 1995, the County contracted with the local Sheriff’s Office to provide security services at its healthcare-related facilities.  Deputy Sheriffs are sworn officers, possess more expansive authority relative to PSOs (for instance, authority to arrest), receive full POST training, and are otherwise distinguishable from PSOs.  By contrast, PSOs are non-sworn officers, do not carry firearms, wear peace officer badges, and possess limited equipment (such as radios, pepper spray, and handcuffs).  In 1995, the County’s contract with the Sheriff’s Office expired, and it chose to use PSOs to fill this role instead. 

In approximately 2013 or 2014, the County decided to contract with the Sheriff’s Office to provide discrete security services in several instances.  These personnel would supplement rather than supplant the assigned work provided by PSOs.  The County based this decision on several recent violent incidents in its facilities, and cited safety as the primary rationale for the change in a written plan circulated among management.  The County solicited input from SEIU about its proposed change.  SEIU did not oppose the decision.  Following the change, violent incidents dropped by nearly 50%.

The County opened a new primary care clinic facility in June 2016.  Prior to its opening, the County assigned PSOs to provide security.  Upon review of crime reports and other data, the Sheriff’s Office determined that safety concerns required it to reconsider the security staff assigned to the new facility.  The Sheriff’s Office recommended that a deputy sheriff be assigned in lieu of PSOs.  After holding a public hearing, the County decided to staff the new facility with deputy sheriffs.  The County did not notify SEIU about its proposed change, as it believed deputy sheriffs would not be performing bargaining unit work.

SEIU filed an unfair practice charge alleging that the County violated the MMBA by unilaterally contracting out bargaining unit work without negotiating with the union.  The ALJ found that the County’s actions were outside the scope of representation, and dismissed the complaint.  SEIU appealed this dismissal to the Board.

Board’s Analysis

The Board began by finding that SEIU had established three of the four factors for a unilateral change unfair practice claim, as the County had taken firm action about a subject that sufficiently affected bargaining unit employees, and had not provided the union with prior notice about the change.  As a result, the Board held that the County would be liable for failing to bargain with the union only if its decision to utilize deputy sheriffs fell within the scope of representation.

The Board agreed with the ALJ’s conclusion that the County’s decision was not negotiable, but found that the ALJ had used the wrong standard.  The ALJ had applied the California Supreme Court’s balancing test for assessing the negotiability of managerial decisions, outlined in its Claremont Police Officers Assn. v. City of Claremont (“ Claremont ”) (2006) 39 Cal.4th 623 decision.  Under this test, the court (or PERB) first considers whether the “implementation of a fundamental managerial or policy decision significantly or adversely affects a bargaining unit’s wages, hours, or working conditions.”  ( Claremont, supra, 39 Cal.4th at 637, citing First National Maintenance Corp. v. NLRB (1981) 452 U.S. 666.)  Under these circumstances, a managerial decision is negotiable “only if the employer’s need for unencumbered decisionmaking in managing its operations is outweighed by the benefit to employer-employee relations of bargaining about the action in question.  ( Ibid , at p. 638.)

The Board explained that the ALJ had erred in relying exclusively on the Claremont test for weighing whether the County’s managerial decision was negotiable.  Instead, the Board clarified that this test had been modified by the California Supreme Court in International Association of Fire Fighters, Local 188 v. Public Employment Relations Board (“ Richmond Firefighters ”) (2011) 51 Cal.4th 259. In this subsequent case, the Court identified three types of managerial decisions: (1) decisions that have “only an indirect and attenuated impact on the employment relationship, and thus are not mandatory subjects of bargaining”, (2) “decisions directly defining the employment relationship, such as wages [and] workplace rules” which are “always mandatory subjects of bargaining”, and (3) decisions that “directly affect employment, such as eliminating jobs, but nonetheless may not be mandatory subjects of bargaining because they involve a change in the scope and direction of the enterprise, or in other words, the employer’s retained freedom to manage its affairs unrelated to employment.”  ( County of Santa Clara, supra , Dec. No. 2680 at pp. 9-10, citing Richmond Firefighters, supra , 51 Cal.4th at 272-73.)  The Board indicated that the Claremont balancing test applied only to the third category of managerial decisions, given that the first and second categories did not require further consideration.

Upon applying the Richmond Firefighters test to the dispute, PERB found that the County’s decision to assign deputy sheriffs to the new facility rather than PSOs “directly affected” unit members by diminishing the number of PSO jobs in the unit.  ( Ibid at p. 10.)  Consequently, the County’s decision fell within the third category of managerial decisions, and thus required application of the Claremont balancing test.  Under this test, the Board found that the County had “demonstrated a legitimate concern for the health and safety of its employees and the public, given the [clinic’s] location in an area with a high level of crime” and potential lag time for soliciting assistance from local law enforcement.  ( Id. at p. 11.)  The Board also noted that the County’s prior experience with assigning deputy sheriffs at other clinics or health facilities, and noting a corresponding decline in violent incidents, buttressed its credibility in relying on this safety rationale for its decision.  ( Id. )   Finally, the Board agreed with the ALJ that this rationale outweighed any benefits of bargaining in this instance.  ( Id. )  As a result, the County did not violate its duty to bargain by failing to meet and confer with SEIU about its staffing decision.

However, the Board found that the County violated its duty to bargain with SEIU about the effects of that decision.  PERB emphasized that a public employer may owe effects bargaining obligations, even when the decision itself is non-negotiable.  ( Id. at pp. 11-12 [citing cases].)  An employer breaches this duty unless it provides notice to the union about a proposed change and extends an opportunity to bargain about any negotiable effects before implementing that change.  ( Id. )  Given that the County failed to provide SEIU with prior notice and an opportunity to bargain about any effects of its staffing decision, the Board found that the County failed to satisfy its effects bargaining obligation.  ( Id. at pp. 12-13.)

The Board concluded that the County’s actions did not result in any harm to SEIU-represented employees, and thus declined to order the County to rescind its staffing decision.  Instead, the Board ordered the County to engage in effects bargaining upon demand by SEIU.

Significance for MMBA Employers

This case provides important guidelines for MMBA employers in evaluating whether it must negotiate with unions about a proposed managerial decision.  In these instances, employers must use a two-step process.  First, it must consider which of the three categories outlined in Richmond Firefighters best describes a proposed managerial decision.  In particular, the MMBA employers should consider whether its proposed course of action involves a change to wages, hours, or other terms of employment but also involves a change in the services provided by the employers or how they provide those services. This case highlights that the employer proceeds to the second step, and applies the Claremont balancing test, only if the management decision falls within Richmond Firefighters’ third category of actions.

This case also reminds public employers of the importance of effects bargaining, and the consequences of failing to satisfy this separate obligation.  Even if a managerial decision is itself not subject to the duty to meet and confer, a public employer must still provide affected unions with advance notice about the proposed change, and an opportunity to identify negotiable effects and bargain about those effects.  A public employer risks an automatic violation of the duty to engage in effects bargaining if it does not provide affected unions with prior notice about its proposed change, regardless of whether the decision itself is negotiable. 

This AALRR publication is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process. 

© 2019 Atkinson, Andelson, Loya, Ruud & Romo

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