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Management
Type:
Essay
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English (U.S.)
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Topic:

Approaches of HR Manager When Hiring a Union Organizer

Essay Instructions:

•You are an HR Manager and receive a phone call from one of your locations.

•Scenario:

•Applicant comes in for an interview for a position and states “I’ve always been a member of a union in my prior jobs and think unions are great. In fact, when I start working here, the first thing I’m going to do is talk to other associates about joining a union since one does not exist here.”

•List all actions that should be taken and what the outcome should be.

•How would you prioritize actions?

•What questions would you ask?

•What information is critical to know?

What should you Not do? --- (One page for this part) and (One page for the ULP's file uploaded)

Essay Sample Content Preview:

Labor Practices
Student’s Name
Institution
Labor Practices
Hiring a Union Organizer
The ultimate goal for conducting an interview is to get the best employee who best suits the job offer. The first action to take even before commencing the interview is to assess the interviewee's skill set and the job description. To get the best out of the interview process, a rating scale would be ideal for every aspect that is demanded in the job description. Presumably, the interviewee introduced the idea about the union in the introductory part of the interview, and the most immediate action to take is to try and figure out the applicant's motive for championing the unions. If at all the applicant has the intention of disregarding the organizational policies on working with labor unions, that should be a red flag. The applicant should be asked how he would be able to balance between the work he is expected to be performing and work with the union concurrently without interfering or affecting their performance for the organization. If the applicant fails to demonstrate their effectiveness in working for the union and the company and also fails to show good intention with the introduction of a labor union, the applicant will most certainly lose the job offer.
Workers union directly impacts on the political inclination of the workers and the policies governing an organization (Kim & Margalit, 2017). Enquiring the applicant's conversance with the policies relating to workers union and their motive on introducing the workers union would be essential. Dismissing an applicant simply because of their perception about labor unions without laying down the facts and following the protocols will amount to discrimination, a very serious unfair labor practice. The dismissal of the applicants should be entirely based on the fact that they are likely to compromise the efficiency of the entire workforce and also breed conflicts with the organization’s policies.
ULP Response – Sumter Hospital
Introduction
The National Labor Relations Act (NLRA) enacted by Congress in 1935 serves to instill mutual coexistence between the employee, the employers, and the labor unions that have become very popular in recent years. Under the NLRA Act, employees are entitled to some basic rights such as the right to form, join, or partake in labor organization, and engage in concerted activities for the benefit of collective bargaining (NLRB, n.d.). Section 8 of the NLRA outlines the Unfair Labor Practices (ULP) both by the employer and the labor organizer. Subsection 1 bars the employer from any kind of coercion and interference of the employee while exercising their rights as stipulated in section 7 of the NLRA (NLRB, n.d.). The National Labor Relations Board (NLRB) is the independent federal agency mandated with the task of ensuring that employers, employees, and unions abide by the policies stipulated in the NLRA (NLRB, n.d.). Any acts by the employer that impedes the employee's enjoyment of the rights outlined in subsection 7 of NLRA amounts to unfair labor practice, and the employee has the right to press charges through the NLRB.
Case Background
Sumter County Hospital of address 31709 GA, Hospital Drive, is a medical care facility where patients get the ultimate care. Like most healthcare institutions, the employees at Sumter County Hospitals are covered and protected by the NLRA. Jimmy, an experienced and skillful worker at the facility has in the recent past exhibited boastful behavior due to his high wages, a behavior that often sparks a lot of furry among the employees and interferes with their productivity. Also, Jimmy has been using inciteful remarks, to provoke the rest of the employees to join labor unions as well as pressure the Hospital Management to make the wage rise. In addition, Jimmy has been reported to partake in solicitation during working time, interfering with the productivity of the rest of the employees including his, spending much time soliciting rather than attending his duties. During the solicitation process, Jimmy has also been noted using discriminatory and defamatory remarks about the hospital and some of the hospital management staff.
Bob, a manager who has worked with Sumter Country Hospital for a period exceeding 30 years, has been monitoring Jimmy's behavior very closely. On several occasions, Bob summoned Jimmy to his office to discuss the unbecoming conduct and remind him of the damage that he is inflicting upon the Hospital by discussing wages with other employees. Bob also made Jimmy aware that the management was aware of his efforts to influence other employees during working hours. The negative attitude that Jimmy had developed towards the institution and particularly Bob who is in charge of all the human resources had started to be a major concern to the hospital’s management. Negative attitudes in a work environment hinder the morale of the workers, lower productivity, interfere with employee loyalty, and can be a recipe for internal conflicts (Choi & Ha, 2018).
Bob's effort to warn Jimmy repeatedly to ditch his unbecoming conduct and focus on his job bore no fruit. Jimmy's conduct changed from bad to worse, and he started inciting other employees while accusing Bob of being a tyrant, terming the warnings as threats and an infringement of his rights. Jimmy’s productivity in the workplace deteriorated since much of his time was dedicated to non-work-related tasks. Bob interpreted Jimmy’s conduct as utter insubordination and a breach of contract terms, serious offenses that would render an employee vulnerable to lawful dismissal. As per the labor code of conduct, any refusal by an employee to abide by the orders by their superior or even fail to acknowledge the orders either verbally or in writing constitutes insubordination (SHRM, 2020). Besides, other employees keen on their work had expressed their displeasure with Jimmy’s conduct, asserting the management concerns. After careful consideration, Bob was left with no other choice but to terminate Jimmy's contract due to his conduct that had become unbearable, derailing work in the hospital and which also constituted insubordination.
Violation and Risks to the company
Jimmy’s negative attitude towards the hospital and the management staff not only impacts his productivity but also extends to other employees. Low employee productivi...
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