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MANAGING EMPLOYEE LABOUR RELATIONS FOR EFFECTIVE PERFORMANCE

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PRESENTATION PLAN

1. Employee relations management

2. Labour unions and labour legislation

3. Collective bargaining process4. Discipline resolution and

grievances handling5. Group work tasks

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EMPLOYEE RELATIONS MANAGEMENT

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ERM is a reciprocal relationship between management and employees.

Good ERM leads to the achievement of:Mutual closeness in focusHarmony in interactionMutual understandingEarly response to emerging issuesEmpathy with circumstancesSympathy for emerging issues.

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1Good employee relations will yield:Employee moraleEmployee loyaltyEmployee turn around

Achievement of the desired balance between the employer and the employees.

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Frequent employee surveys will reveal:Areas of crucial importance to the employees.

Need for early response to achieve employee trust.

Outcomes that have a huge impact on productivity.

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Management may engage meaningfully with employees through union representation.

Union representatives duly elected and positioned will articulate issues that impact employees in an important way to assist in the management of:

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Effective communication

Conflict management

Employee growthTraining Pay and

compensationPerformance

managementTime managementAttitude change

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Since good employee relationships positively impact organizational performance, strategic HRM will focus on how to influence profitable relationships between management and the union in the organization.

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Good relations with union leadership will help management forestall areas conflict and establish high performance work practices through positive change agenda.

Union leadership can provide the communication infrastructure to facilitate introduction of high performance work practices.

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Union leadership can also help create the necessary employee trust and cooperation.

Trust and cooperation are the basis for the feeling of job security and successful implementation of high performance programs.

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LABOUR UNIONS AND LABOUR LEGISLATION

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THE LABOUR RELATIONS ACT 2007

Addresses the following key issues:

1. Freedom of association2. Establishment and

registration of trader unions and employer’s organizations

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3. Officials and members of trade unions and employer’ organizations

4. Property, funds and accounts of trade union, employers’ organization and federations

5. Trade union dues, agency fees and employers’ organizations fees

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6. Recognition of trader unions and collective agreements

7. Dispute resolution8. Adjudication of disputes9. Strikes and lockouts

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COLLECTIVE BARGAINING PROCESS

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The collective agreement process in Kenya :1. Management will receive

the negotiation proposal from the branch secretary as articulated in the Recognition Agreement.

2. Management will issue a counter proposal setting the negotiation dates.

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3. To prepare for negotiations management will set mandate parameters and nominate a team of negotiators which will consist of an official spokes person.

4. The spokes person and the negotiation team will prepare a negotiating strategy in a negotiations work book.

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KEY ISSUES

Union proposal Management mandate Counter proposal to union Appointment of the negotiation team Spokes person will focus on diplomacy:

Preparing – external and internal environment Arguing – know your data and facts well Signaling – move on Proposing – next item Packaging – cluster and trade off Bargaining – economy and trends Closing – obtain a yes Agreeing – sign off

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5. Negotiations will be undertaken on neutral ground or in a mutually agreed premises.

6. Incase of an impasse the break can be achieved through mediation and arbitration.

7. Last-resort options – go to Industrial Court

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8. Register settlement indicating life duration of the agreement.

9. HR should ensure meticulous implementation of the agreement.

10. Where in doubt seek interpretation from competent authority – FKE.

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DISCIPLINE RESOLUTION AND GRIEVANCES HANDLING

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Discipline is about respect of provisions and due diligence.

The basis of good employee relations is the meticulous development and implementation of clear guidelines – (Employee Relations Policy).

The labour relations policy should articulate terms and definitions used in the CBA document.

The language style and spirit should be parliamentary throughout.

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OBJECTIVE OF THE GUIDELINES:

• To provide guidelines for supervisors, managers and employees to take appropriate and timely resolution on all grievances, disputes and discipline cases.

• To enable managers and supervisors take prompt and appropriate action within the legal and Collective Bargaining (CBA) provisions.

• To provide assurance that every decision taken is correct within the agreed upon provisions.

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• To take appropriate actions against individuals who deliberately or persistently transgress the norms of behaviour at the work place or against the rights of other employees.

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• To achieve minimum acceptable standards of behaviour so as to sustain harmony throughout the organization hierarchy.

• To encourage a return to acceptable standards of behaviour expected - rather than to take punitive action.

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RESPONSIBILITY• It is a joint responsibility of line

management and the Human Resources function to ensure that all employees are aware of the standards of work and behaviours that are expected in the Company

• It is the responsibility of the employee to adhere to set rules, guidelines and norms.

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• The supervisor or line manager and all employees will be responsible for maintaining good discipline at every work place.

• The role of the HR Department is to facilitate correct application of procedure in every circumstance of all cases; to ensure that as far as possible the penalties if any are applied consistently and fairly across the company; and to provide information on an employee's previous record.

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COMMITMENT TO EMPLOYEES

• To inform employees of any complaints and procedures regarding work or behaviour

• To give the employee an opportunity to explain his/her behaviour

•  To ensure an employee facing disciplinary action does not lose his/her rights as a person.

• To follow the procedure as stipulated in Recognition Agreement.

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GRIEVANCE HANDLING PROCEDURE

Individual Grievance Resolution Process: An employee with a grievance will first

report to the immediate supervisor. If the matter is not addressed within two working days at this level the employee can report the matter to the supervisor’s immediate superior.

If the matter reported to the senior management is not addressed within another two working days the employee will take the matter through union representation (if a union member) or by own representation to the HR Manager.

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If the HR Manager is unable to deal with the situation conclusively the matter shall be reported to the CEO who will appoint a Review Committee to investigate the matter and make appropriate recommendations.

The decision of the CEO will be final. However, if the employee is not satisfied with the CEO’s decision, she/he is free to take up the matter with the labour department as provided by law.

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Investigation Process

Thorough investigations will be carried out to find facts

If there is evidence that there was an offence, the manager will send an employee a show cause letter with a copy sent to HR

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Upon receipt of the response letter, the manager may call for an informal interview with the employee for further inquiry or inform the employee in writing of the need for a disciplinary hearing to be convened.

Notes of the hearing will be taken and maintained.

The employee may be accompanied and represented by a work colleague or Shop Steward at any formal disciplinary interview and at a Disciplinary Hearing.

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THE HEARING

A manager will convene the meeting

A member of management will present the case against the employee

The employee or his/her representative is invited to ask questions.

The employee is called upon to present his/her explanation

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The member of management presenting the case is invited to ask the employee questions

The member of management is invited to summarize

The employee is invited to summarize

 An adjournment of the hearing may happen and informed to the employee if there is need to investigate further

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TERMINATION OF EMPLOYMENT

This will apply if during the period of a Final Written Warning or a Comprehensive Final Warning it is evident that there is insufficient improvement in conduct, or further related or unrelated misconduct, the employee is to be terminated.

Except in cases of gross misconduct the appropriate notice period or payment in lieu of notice will be given.

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Group Grievance Resolution Process

 A group grievance affects more than one employee and is reported to the departmental head by the group representatives.

This would be the work council or the union representatives.

A group grievance will be submitted in writing.

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If the matter is not resolved at this level within 7 days the group would report the matter to the Human Resources Manager.

If the HR Manager is unable to deal with the situation conclusively the matter shall be reported to the CEO who will appoint a Review Committee to investigate the matter and make recommendations

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THE APPEAL PROCEDURE

Employees involved in formal discipline at any stage have the right to appeal a decision made against them.

Appeals must be submitted to the HRM or Employee Relations Officer within 5 working days of the decision being made against the employee.

Appeals may be made if the employee can prove that:

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Adequate investigations were not carried out

The procedure followed during investigation and at the hearing was unfair

The decision reached was not justified by the facts of the case

A request for leniency

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An appeal is NOT a re run of the Disciplinary Hearing; NOT simply a repeat of the same evidence or a second chance for the employee.An appeal-hearing can:

Overturn the decision of the disciplinary hearing;

Can uphold the decision; Can reduce or increase the severity of the action taken;

Can call for a re hearing if correct procedures have not been followed.

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A factory worker had a pretty wife. To gain access to her the supervisor placed the worker on nigh shift. He would then visit the worker’s wife at night while the husband was at work. The worker got wind of the situation and reported the matter to the Labour Relations Manager. The Labour Relations Manager did nothing about the case claiming there was no evidence and the reports were rumours of extreme witch-hunt.

One night the worker left duty to check on his house only to find the supervisor there. The supervisor tried to run away but was the worker who was armed with a sharp panga cut him into pieces and reported the matter to the police.

Questions:1. Eagles: Discuss whether or not this unfortunate incident could

have been prevented by management? 2. Synergy3: Investigate to identify the guilty parties – the worker,

the wife, the supervisor or the Labour Relations Manager and determine the disciplinary action.

3. Team- Six: Labour relations are now polarized. Discuss how management would effectively restore good labour relations and employee trust in management.

A case of lust, greed and misuse of power in labour relations.2

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READING ASSIGNMENT

Ch.16 of the Course Text

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END OF SESSION 7

Thank you

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