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Search the Web The Department of Labor maintains an online Corporate Citizenship Resource Center at: www.ttrc.doleta.gov/citizen. Employee Stakeholders and Workplace Issues . 16. 1. Chapter Sixteen Objectives. Identify the major changes occurring in the workforce today

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employee stakeholders and workplace issues

Search the Web

The Department of Labor maintains an online Corporate Citizenship Resource Center at: www.ttrc.doleta.gov/citizen

Employee Stakeholders and Workplace Issues

16

1

chapter sixteen objectives
Chapter Sixteen Objectives
  • Identify the major changes occurring in the workforce today
  • Outline the new social contract between employers and employees
  • Explain the employee rights movement
  • Discuss the employment-at-will doctrine
  • Discuss the right to due process and fair treatment
  • Describe the actions companies are taking to make the workplace friendlier
  • Elaborate on the freedom-of-speech issue and whistle blowing

2

chapter sixteen outline
The New Social Contract

The Employee Rights Movement

The Right to a Job/Not to Be Fired Without Cause

The Right to Due Process and Fair Treatment

Freedom of Speech in the Workplace

Whistle Blowing

Summary

Chapter Sixteen Outline
introduction to chapter sixteen
Introduction to Chapter Sixteen
  • Consider how global competition has reshaped the social contract between organizations and their workers
  • Consider the trend of expanding employee rights
    • Right not to be fired without just cause
    • Right to due process and fair treatment
    • Right to freedom of speech within the workplace
the new social contract
The New Social Contract

Business

Organization’s

Expectations

Employee’s

Expectations

Understandings

social contract
Social Contract

Reasons for the Change in the Social Contract

  • Global Competition
  • Technology advances
  • Deregulation
employee rights movement
Employee Rights Movement

For nonunion workers, employee rights issue continues to be a problem . . . That is, the employees’ desires to be treated with dignity and respect, to have a right to due process,privacy, freedom of speech, and safety, and even a right to a job.

employee rights movement10
Employee Rights Movement

Sources of Employee Rights

  • Statutory rights
  • Collective bargaining rights
  • Enterprise rights
employee rights movement11
Employee Rights Movement

Models of Management Morality and

their Orientation Toward Employees

Immoral

Moral

Amoral

End

Law

Means

right not to be fired without just cause
Right Not to be Fired Without Just Cause

Employment-at-Will Doctrine

  • Public policy exceptions
  • Contractual actions
  • Breach of good faith actions
right not to be fired without just cause13
Right Not to be Fired Without Just Cause

Management’s Response

  • Stay on the right side of the law
  • Investigate complaints in good faith
  • Deal in good faith with employees
  • Fire only for good cause
the right to due process
The Right to Due Process

Types of Due Process

  • Substantive due process
    • Right to fair treatment
  • Procedural due process
    • Right to a fair system of decision making
the right to due process15
Procedure

Visible

Effective

Institutionalized

Equitable

Easy to use

Apply to all employees

The Right to Due Process

Employee Constitutionalism

alternative dispute resolution
Alternative Dispute Resolution

Common Approach

  • Open door policy
  • Three concerns
    • Process is closed
    • One person review
    • Bias in favor of managers
alternative dispute resolution ethical ways for due process

Hearing procedure—permits employees to be represented by attorney or neutral party

Peer Review Panel—Fellow workers in the same job family and at a grade level equal to or higher than the employee with a grievance

Ombudsperson—A “troubleshooter” investigates and helps achieve equitable settlements for employee complaints

Alternative Dispute Resolution: Ethical Ways for Due Process
whistle blowing

Corporate Employer

Employee

LoyaltyObedienceConfidentiality

Corporate Employer

Employee

Public

Responsibility

Responsibility

(Has certain rights)

(Has certain rights)

Whistle blowing

Whistle Blowing

(Has certain rights)

consequences of whistle blowing
Consequences of Whistle-Blowing
  • Increased criticism of work
  • Less desirable work assignments
  • Pressure to drop charges against the company
  • Heavier workloads
  • Loss perquisites
  • Exclusion from meetings
whistle blowing20
Whistle-Blowing

Seven Stages of Life of a Whistle-Blower

  • Discovery of the organizational abuse
  • Reflection on what action to take
  • Confrontation with superiors
  • Retaliation against the whistle-blower
  • Long haul of legal action
  • Termination of the case
  • Going on to a new life
whistle blowing21
Whistle-Blowing

Examples of Government Protection

  • Civil Service Reform Act
  • Whistle-Blowers Protection Act of Michigan
  • False Claims Act
management s preemptive responses to whistle blowing
Management’s Preemptive Responses to Whistle-Blowing
  • The company should assure employees that the organization will not interfere with their basic political freedoms.
  • Grievance procedure should be streamlined so that employees can direct complaints and not “blow the whistle.”
  • Review the organization’s concept of social responsibility so that it is not simply corporate giving to charity.
management s preemptive responses to whistle blowing23
Management’s Preemptive Responses to Whistle-Blowing
  • Formally recognize respect for the individual consciences of employees.
  • Realize that dealing harshly with whistle blowing can result in adverse public reaction.
selected key terms
1978 Civil Service Reform Act

Alternative dispute resolution (ADR)

Collective bargaining

Due process

Employee constitutionalism

Employee rights

Employment-at-will doctrine

Enterprise rights

False Claims Act

Good faith principle

Hearing procedure

Selected Key Terms
selected key terms25
Implied contracts

Ombudsperson

Open-door policy

Peer review panel

Private property

Public policy exception

Social contract

Statutory rights

Whistle-blower

Selected Key Terms