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2.6 Employer and Employee Relations

Learning Goal

I can analyze the relationships between employees, employers and their representatives.

Introduction

Conflict resulting from differing objectives may be inevitable between labor and management within business. How can these conflicts be resolved or at least reduced so that the disagreement is not so great that it prevents all forms of co-ordination and working together? How can positive co-operation be achieved between these two groups for the benefit of the business and all stakeholders?

The methods used by employees and employers to achieve their objectives will depend on the relative ‘strength’ of each side. Much also depends on the culture and legal structure of the country in which the organization operates, as well as the culture of the business itself. In some countries, trade unions are still illegal or their operations are strictly controlled. At the other extreme, in the European Union, workers’ rights over minimum pay levels, security of employment and working conditions are protected by laws that restrict quite substantially the independence of management in deciding on such issues.

2.6 ESSENTIALS

KEY TERMS

collective bargaining

trade union

industrial action

trade union recognition

single-union agreement

no-strike agreement

Collective Bargaining

Collective bargaining is the name given to the negotiations between employees’ representatives (trade unions) and employers and their representatives on issues of common interest such as pay and conditions of work, as opposed to individual bargaining, where each worker discusses separately with his/her employer. In large organizations, many employees belong to trade unions or professional associations and these bodies negotiate on their behalf. In some countries, employers also belong to employers’ associations that negotiate with unions and any agreements made will cover all firms that belong to the association.

The growing power and membership of trade unions in the twentieth century in the USA and Europe led to the widespread development of national collective bargaining. These collective negotiations can make trade union leaders very powerful as they may be able to threaten and actually call for strike action from all of their members, which could bring the entire industry to a halt.

This form of collective bargaining was never used in some countries where unions were weak or illegal. Even in Europe and the USA, national collective bargaining is now much less common as national agreements are not always suitable or affordable for smaller or less profitable businesses. Agreements are now often made by individual businesses or business units negotiating with employees’ representatives regionally or locally.

CAN YOU...

analyze the relationships between employees, employers and their representatives?

Learning Goal

I can examine the methods used by employees and their representatives in pursuit of their objectives.

Trade Unions

TRADE UNIONS

A trade union is an organization of working people with the objective of improving the pay and working conditions of its members and providing them with support and legal services.

Trade unions offer workers power through solidarity. Their ability to engage in ‘collective bargaining’ puts workers in a stronger position than if they negotiated individually to get higher pay and better working conditions. Individual industrial action is not likely to be very effective. Collective action is far more likely to influence employers during industrial disputes.

Unions also provide legal support to employees who claim unfair dismissal or poor conditions of work and pressure employers to ensure that all legal requirements are met, e.g. health and safety rules regarding the use of machinery.

UNION RECOGNITION

Trade union recognition when an employer formally agrees to conduct negotiations on pay and working conditions with a trade union rather than bargaining individually with each worker.

In many countries it is not a legal requirement to recognize trade unions. In the UK, employers did not have to ‘recog-nize’ a union in the workplace until the law was changed in 2000. This meant that the employer could choose not to bargain collectively with a union official representing the workforce. Instead, all workers would be treated individually and negotiations over pay and conditions and matters of discipline would only be dealt with between the employer and each individual worker. Since 2000, workers have been able to vote on whether they should demand employer recognition of their union. If a majority support this idea, then it will be illegal for an employer not to deal with union officials. Such a law is likely to boost union membership and influence.

It could also have benefits for the employers:

  • Employers would be able to negotiate with one officer from the union rather than with individual workers.

  • The union system could provide an additional, useful channel of communication with the workers – two-way communication in the sense that workers’ problems could be raised with management by the union and the plans of the employers could be discussed via the union organization.

  • Unions can impose discipline on members who plan to take hasty industrial action that could disrupt a business – this makes such action less likely.

  • The growth of responsible, partnership unionism has given employers an invaluable forum for discussing issues of common interest and making new workplace agreements. Very often, these will lead to increased productivity, which should help to secure jobs and raise profits.

CAN YOU...

examine the methods used by employees and their representatives in pursuit of their objectives?

Learning Goal

I can examine the methods used by employers to put pressure on employees and evaluate their impact.

Action Taken by Employers and Employees

EMPLOYEES

Trade union objectives include higher pay, improved conditions and security of employment. Union leaders can use a number of measures to ‘encourage’ employers to accept their demands for improvements in pay and conditions:

  • Negotiations − and, possibly, agreeing to arbitration

  • Go slow – a form of industrial action in which workers keep working but at the minimum pace as demanded by their contract of employment. Bonus payments may be lost by workers, but at busy times of the year this action can be very disruptive and costly for employers.

  • Work to rule – a form of industrial action in which employees refuse to do any work outside the precise terms of the employment contract. Overtime will not be worked and all non-contractual co-operation will be withdrawn.

  • Overtime bans – industrial action in which workers refuse to work more than the contracted number of hours each week. During busy times of the year, this could lead to much lost output for the employer.

  • Strike action – the most extreme form of industrial action in which employees totally withdraw their labor for a period of time. This may lead to production stopping completely. Strike action leads to the business shutting down during the industrial action.

EMPLOYERS

Settling disputes with unions can increase the long-term profits of the business. Settlement may be reached in a variety of ways:

  • Negotiations – these aim to reach a compromise solution. If face-to-face negotiations with union leaders fail to reach an agreement, then the dispute may require arbitration

  • Public relations – using the media to try to gain public support for the employer’s position in the dispute. This may put pressure on the union to settle for a compromise solution.

  • Threats of redundancies – these threats would, again, put pressure on unions to agree to a settlement of the dispute, but they might inflame opinions on the employees side and could be looked upon as ‘bullying’ and lead to poor publicity for the employer.

  • Changes of contract – if employees are taking advantage of their employment contracts to work to rule or ban overtime, then new contracts could, when the old ones are due for renewal, be issued that insist on higher work rates or overtime working.

  • Closure – closure of the business or the factory/office where the industrial dispute takes place would certainly solve the dispute! It would lead to redundancy for all of the workers and no output and profi t for the business owners. This is a very extreme measure and would only be threatened or used if the demands of the union would, if agreed to, lead to a serious loss being made by the business or factory any way.

  • Lock-outs – short-term closure of the business or factory to prevent employees from working and being paid. Some workers who are not keen on losing pay for long periods may put pressure on their union leaders to agree to a reasonable settlement of the dispute.

WHICH SIDE IS STRONGER?

The power and influence of employers and unions in an industrial dispute will depend on a number of factors.

CAN YOU...

examine the methods used by employers to put pressure on employees and evaluate their impact?

Sources of Conflict at Work

Employers aim to achieve satisfactory profit levels by keeping costs, including labor costs, as low as possible. However, workers – remember that wage costs are often a major part of total business costs – will seek to obtain high pay and shorter working hours. There is clear scope for conflict here, but it is not the only source of possible clashes of interest between labor and management.

Strategies to Reduce Conflict

SINGLE-UNION AGREEMENT

Single-union deals are one strategy to reduce conflict at work. Just 50 years ago, the UK still had over 100 separate trade unions. This number is now much reduced, but it is still possible for the workforce of one business to have members in several different unions. This makes collective bargaining much more difficult and time consuming. In addition, it can lead to inter-union disputes over which skills or grades of workers should get the highest pay rise. It can also reduce the flexibility of a workforce if members of one union are prevented from doing the work of other workers belonging to another union. This is called a demarcation dispute and reduces total productivity.

Many employers now insist on signing recognition deals with just one union. There has been a great deal of competition among unions for these deals, as total membership depends on them. Two potential consequences of such deals are that the newly united work-force and its union representatives may be able to exert greater influence during collective bargaining, and that just one union may not effectively represent the range of skilled staff, and their needs at work, that exist in most businesses. The growth of single-union agreements has led to further mergers between unions to prevent smaller unions being gradually excluded from all such industrial deals.

NO-STRIKE AGREEMENTS

At first glance, these seem rather unusual agreements for a union to sign with an employer. Why give up the most effective form of industrial action? There are two main reasons:

  1. It improves the image of the union as being a responsible representative body and this could encourage employees to become members.

  2. These deals are often agreed to in exchange for greater union involvement in both decision-making and in representing employees in important negotiations. This has led to union−employer agreements to change working methods and increase labor flexibility that lead to higher productivity, higher profits and higher pay and worker participation. This is sometimes referred to as a win−win settlement as both employer and employee will gain from this new partnership approach to industrial relations.

CONCILIATION AND ARBITRATION

Conciliation is the use of a third party in industrial disputes to encourage both employer and union to discuss an acceptable compromise solution.

Arbitration is resolving an industrial dispute by using an independent third party to judge and recommend an appropriate solution.

In the UK, ACAS (Advisory, Conciliation and Arbitration Service) was set up in 1975. Its primary function is to reduce conflict in UK industry by improving employment relations between employers and employees. It gives advice to employers and employees and their representatives on issues likely to cause disputes between them. Most countries have a similar organization. As a conciliator in industrial disputes, ACAS would listen to both sides of the argument – perhaps over pay or working conditions – and attempt to find common ground. This might then be used as a basis for an eventual compromise agreement.

Arbitration is different. An ACAS official will again listen to both sides of a dispute, but will now make a decision for resolving the disagreement. This might be a compromise between the opposing views of employer’s and union’s officials. If both parties agreed to accept this, then this becomes binding arbitration. The risk of the arbitrator setting the compromise closer to ‘one side’ than the other can lead to both groups establishing extreme negotiating positions. For example, in wage negotiations, a union might ask for a rise of 10% rather than a more realistic figure of, say, 5%. This is in the hope that the final decision of the arbitrator may be influenced by the high pay claim and will set a ‘compromise’ of 7.5% – which is what the union was hoping to achieve any way!

An alternative form of arbitration, designed to prevent this union strategy (and also to discourage employers from offering a very low increase) is called ‘pendulum arbitration’. In this case, both sides must accept the decision of the arbitrator and the arbitrator is forced to accept either the union’s pay claim or the employer’s pay offer because no compromise is allowed. Thus, if a union submitted a very high claim or if employers offered a very low rise, then the arbitrator would be tempted to ‘swing’ the decision towards the other side completely.

EMPLOYEE PARTICIPATION AND INDUSTRIAL DEMOCRACY

These are attempts to reduce industrial conflict by achieving a closer working relationship between employees and employers. This then might lead to commonly agreed objectives. Participation at work by employees can take different forms:

  • Industrial democracy, in its purest form, implies workers’ control over industry, perhaps linked to workers’ owner-ship of the business, e.g. producer co-operatives.

  • Employee or trade union directors on the company’s board of directors represent the workers’ approach to major company issues at the highest decision-making level.

  • Works councils, e.g. European Works Councils, discuss issues such as t he employment situation, major investment projects planned by the business, major organizational changes and health and safety.

  • Autonomous work groups and quality circles lead to employee participation in decision-making and help to avoid the ‘them and us’ environment. By involving workers in everyday decisions that impact on their working lives, such as work schedules, improvements in work practices and how to plan team working, the threat of industrial disputes is reduced.

CAN YOU...

examine the methods used by employers to put pressure on employees and evaluate their impact?

Teacher don't teach me nonsense  

                                       

                     - Fela Kuti

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