Essay Sample on Human Resource Management

Introduction

A union organizing campaign is basically a movement aimed at forming a union within an organization. From the employer's point of view, operating in a unionized environment means that the union bargains for a contract and ensure that the contract is fulfilled. The contracts being the legal documents binding employer and employee indicate the benefits, wages and employment regulations. On the other hand, operating in a union-free environment means that the employer set up all the wage rates comes up with all the rules, and decisions on promotions, discipline and working hours. This leaves the workers with no say and is never consulted in the event that the organization is making several changes within the organization (Mayhew, 2018).

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In a unionized environment, the employees file their grievances to show dissatisfaction as per the laid out process in their contract. According to Oppermann (2008), the causes of dissatisfaction include among others perceptions of inequitable treatment, unannounced changes in policies or practices, employee concerns not addressed by the supervisor, interpersonal conflicts. These grievances are handled in a certain way which involves several steps. The issue can be solved at the company level through a meeting with the employee, supervisor and the union representative. In the event that the issue cannot be resolved at the organization level, the final step can be through arbitration. Arbitration is a well-established and widely used way of resolving disputes. In this case, the parties select an impartial third party to solve the issue and both sides resent their testimony as well as evidence during the hearing, normally out of court, and the arbitrator's decision is usually final (Arbitration, n.d). However, according to the Bureau of Labor Statists (2018), some parties may appeal the arbitrator's decision. Contrarily, for nonunion workers, their complaint process is very easier. However, organizations have laid out a similar process to that of formal grievance steps. The process can begin with the review by employee, supervisor and a human resource staff member with training in resolving employee relations cases. For employees whose cases are not resolved at the company level, they can choose to file their complaint with a federal or state fair employment agency (Mayhew, 2018)

Another difference is based on how wages and salaries are handled among both. In a unionized environment, the wages are determined through the negotiation between the company's negotiation team and union representatives. In most instances, the company's negotiation team is comprised of a labor relations specialist or human resource manager and company executive with the authority to represent the company in contracts. The union and company representatives negotiate the wage issues such as wage increases schedules, hourly rates, and overtime rates through a series of proposals and counterproposals. Therefore, when the union worker is employed, the company cannot negotiate the wages as it is included in the collective bargaining agreement. On the other hand, in a nonunionized environment, the company will discuss with the employee issues to do with wage rate or salary, and the candidate might want to negotiate the offer in some instances. However, the company is not required to negotiate with every candidate for a nonunion job. The organization always has the choice to either offer hourly rate or salary, although everything is negotiable when it comes to nonunion candidates (Mayhew, 2018).

Benefits and working conditions vary in both the unionized and nonunionized environment. For union workers, working conditions and benefits are part of the collective bargaining process, and through a series of proposals and counterproposals, the organization can eventually agree on a number of benefits. Such benefits might include health, welfare, vacation, and pension. Also, working conditions overtime work and leaves are discussed in the contract. On the other hand, nonunion employees do not entail negotiating the benefits such as the pension. In most cases, the employer explains the savings options to the nonunion employees so that the employees can either choose to sign up or not (Mayhew, 2018).

Management representatives need to be careful in what they say and do during the union organizing campaign. They are allowed to say statements that are not threatening or intimidating the workers. Allen (2015) asserts that employers can express their opposition to the union by giving the workers the advantages and disadvantages of union membership, for instance, having to pay the union fees, especially in non-right to work states. They can tell the workers how they enjoy good benefits, pay and job security without the union as well as compare the unionized and non-unionized companies in terms of wages, salaries and benefits through providing them with factual information. In addition, the organization can tell the workers that they may permanently replace all striking workers in the event that there is an economic strike. Also, the employer is allowed to tell the employees that they have the right to refuse to speak to union representatives or even sign authorization cards, and in case of an election, they may vote against the union even for those who had already signed a card. However, there are some restrictions to the employer in regards to their actions and statements during the union campaign. Statements such as bargaining will begin from nothing is prohibited, as this is viewed as a threat that the employees will lose their present benefits and pay (Allen, 2015). Also, telling the employees that they will receive wage increase and/ or other perks even without the union is seen as a promise that if they reject union, they will receive the benefits. Moreover, telling the employees that the organization is going to bargain hard if they elect a union is prohibited, this is because this statement is seen as a threat that supporting a union is fruitless.

References

Allen, S. T. (2015, September 4). Be Careful What You Say During a Union Organizing Campaign. Labor and Employment Law Perspectives. Retrieved from https://www.laboremploymentperspectives.com/2015/09/14/be-careful-what-you-say-during-a-union-organizing-campaign/

Arbitration. (n.d). In The Free Dictionary. Retrieved from http://legal-dictionary.thefreedictionary.com/arbitration

Bureau of Labor Statistics. (2018, April 24). What Arbitrators, Mediators, and Conciliators Do. United States Department of Labor. Retrieved from https://www.bls.gov/ooh/legal/arbitrators-mediators-and-conciliators.htm#tab-2

Mayhew, R. (2018, June 28). Difference Between a Unionized Vs. a Nonunionized Workforce. Chron. Retrieved from https://smallbusiness.chron.com/difference-between-unionized-vs-nonunionized-workforce-22350.html

Oppermann, S. (2008, July 8). Why Do Employees File Discrimination Complaints and Grievances? Advice to Managers and Supervisors. FedSmith.com. Retrieved from https://www.fedsmith.com/2008/07/08/why-do-employees-file-discrimination-complaints-2/