BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations
Phillip March 8, 2024 No Comments

BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations

BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations

Name

Capella university

BUS-FPX4046 Employee and Labor Relations

Prof. Name

Date

Introduction

This paper delves into the intricacies of conducting effective and legally defensible workplace investigations, analyzing HR best practices for managing internal grievance procedures, comparing alternative dispute resolution (ADR) practices, and examining labor laws pertaining to employee labor unions. Additionally, it addresses the ethical implications of unfair employer labor practices. Through a class scenario, questions are posed regarding the next steps after a meeting with Les, preparation methods, decision-making processes, and troubling aspects of the case.

Key Issues

  1. Confidentiality assurance for Les during the investigation.
  2. Protection for Les against further harassment, with options such as transfer, leave of absence (LOA), or adjusted work schedules.
  3. Selection of an objective and experienced investigator.
  4. Development of a detailed plan for evidence gathering and interview conduct.
  5. Creation of focused interview questions.
  6. Objective interview with Karla and witnesses, focusing on evidence collection.
  7. Decision-making based on gathered evidence and organizational policies.
  8. Closure of investigation with communication of outcomes to both parties and preventive measures implementation.
  9. Creation of a comprehensive written summary of investigation results.

Best Practices

Grievances, defined as dissatisfaction with an employee’s job situation, are best addressed using a formal grievance form. Supervisors must respond within five days, and if unresolved, grievances escalate within the company or involve union representatives for resolution to avoid potential litigation. Grievances may arise from economic reasons, working environment conditions, lack of supervision, favoritism, biased behavior, or disputes between employees, affecting productivity, quality, absenteeism, accidents, and turnover.

Comparison of Practices

ADR emphasizes confidentiality, conflict resolution, and maintaining workplace productivity. Types of ADR include arbitration, negotiation, mediation, private judging, and peer review, each with unique processes for resolving grievances. Employers often require arbitration agreements for dispute resolution, with decisions being binding and potentially appealable if bias is proven.

Labor Laws

Labor unions like the AFT and SEIU advocate for laws such as the Employment Non-Discrimination Act (ENDA) to combat discrimination based on sexual orientation and gender identity in the workplace. However, controversies arise regarding restroom usage, underscoring the need for respectful and practical solutions to accommodate diverse gender identities while maintaining privacy and comfort for all employees.

Ethical Implications

While laws protect against discrimination based on race, religion, gender, and age, ethical considerations extend to other potential areas of discrimination. The NLRA safeguards employees’ rights to organize and prohibits employer interference, emphasizing ethical treatment of all workers regardless of legal protections.

Conclusion

This paper has explored the processes and key issues in workplace investigations, HR best practices for grievance handling, ADR practices, labor laws related to unions, and ethical implications of unfair labor practices. By analyzing these facets, organizations can strive for fair and equitable workplaces.

References

Adler, R. S., & Peirce, E. R. (1992). Legal, Ethical, and Social Implications of the Reasonable Woman Standard in Sexual Harassment Cases, The. Fordham L. Rev., 61, 773.

Bergmann, B. R., & Darity, W. (1981). Social relations, productivity, and employer discrimination. Monthly Labor Review, 104(4), 47-49.

Bimrose, J. (2004). Sexual harassment in the workplace: an ethical dilemma for career guidance practice?. British Journal of Guidance & Counselling, 32(1), 109-121.

Crain, M. (1995). Women, labor unions, and hostile work environment sexual harassment: The untold story. Tex. J. Women & L., 4, 9.

Delgado, R., Dunn, C., Brown, P., & Lee, H. (1985). Fairness and formality: Minimizing the risk of prejudice in alternative dispute resolution. Wis. L. Rev., 1359.

Dowling, J. M. (2011). Conducting workplace investigations. Praeger Handbook on Understanding and Preventing Workplace Discrimination: Legal, management, and social science perspectives, 1, 303.

BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations

Edwards, H. T. (1986). Alternative dispute resolution: Panacea or anathema?. Harvard Law Review, 99(3), 668-684.

Fitzgerald, L. F., Hulin, C. L., & Drasgow, F. (1994). The antecedents and consequences of sexual harassment in organizations: An integrated model.

Goldberg, S. B., Green, E. D., & Sander, F. E. (1985). Dispute resolution (pp. 517-21). Boston: Little, Brown.

Lepak, D. P., Bartol, K. M., & Erhardt, N. L. (2005). A contingency framework for the delivery of HR practices. Human resource management review, 15(2), 139-159.

People’s World. (n.d.). Retrieved April 22, 2016, from http://peoplesworld.org/seiu-aft-joincoalition-to-stop-job-discrimination-vs-gays/

Phillips, M. J. (1991). Employer Sexual Harassment Liability Under Agency Principles: A Second Look at Meritor Savings Bank, FSB v. Vinson. Vand. L. Rev., 44, 1229.

About SHRM. (n.d.). Retrieved April 23, 2016, from https://www.shrm.org/pages/default.aspx

BUS FPX 4046 Assessment 4 Dispute Resolution & Labor Relations