SHRM-CP Study Guide Notes PDF
SHRM-CP Study Guide Notes PDF
SWOT Analysis
• Strengths: What are the strengths of your HR organization? What do you do well and want
to continue doing into the future?
• Weaknesses: Areas that you know need improvement.
• Opportunities: Merger or acquisition offers opportunities to examine all HR systems in both
organizations and determine which will serve the new employer group best in the future.
• Threats: Challenges we face as HR professionals.
Industry Analysis
• Industry Analysis is a tool that facilitates a company's understanding of it's position relative
to other companies that produce similar products or services.
• Enables HR professionals to identify threats and opportunities facing their business, and
focus on their resources on developing unique capabilities that could lead to a competitive
advantage.
• Industry Lifecycle (4 Stages):
o Introduction: Beginning of the organization; policies and systems are being created as
they are needed.
o Growth: Growth is influenced by all the factors explores in the SWOT and PESTEL
analysis.
o Maturity: When the organization is comfortable with its size, influence, and income.
Decline: Phase when systems have gotten surpassed by technological advances and
products and services have become passé.
• Porter's Five Forces: Pressures consist of forces close to a company that affect its ability to
serve its customers and make a profit.
o Threat of New Entrants: When a company does so well that their success attracts new
competitors who want to get in on that success, the competition can drive down
profits.
o Threat of Substitutes: "knock off" Brands; using different products and services to
address the same need that the original product or device solved.
o Bargaining Power of Customers: When customer orders are large, they can force the
lowering of prices.
o Bargaining Power of Suppliers: If there are few options for sourcing component parts,
raw materials, or other supplies, the supplier can have a strong influence on the cost
of end products.
o Industry Rivalry: Industry competitors greatly influence our ability to succeed in the
marketplace.
Strategic Investment Decisions
• Investments should be evaluated based on the period it takes to reclaim the investment,
what the payback amount will be, and what impact there will be on cash flow.
Growth Share Matrix
• Sometimes called the Boston box or Boston matrix. X-Axis represents the relative market
share, and the Y-Axis is market growth.
• Investment dogs: When market growth and market share are low.
The GE-McKinsey Nine-Box Matrix
• The Nine-Box Matrix offers a systematic approach for the decentralized corporation to
determine where best to invest in its cash.
Defining Mission, Vision, and Values
• Mission: Organization's reason for existence, describes the organization's purpose, and it's
overall intention,
o Supports the vision and serves to communicate purpose and direction to employees ,
customers, vendors, and other stakeholders.
o What is our organization's purpose?
o Why does our organization exist?
• Vision: Looks forward and created a mental image of the ideal state the organization wants
to achieve.
o What problem are we seeking to solve?
o Where are we headed?
o If we achieved all strategic goals, what would we look like 10 years from now?
• Values: Core principles that guide and direct the organization and its culture.
o What values are unique to our organization?
o What values should guide the operations of our company?
o What conduct should our employees uphold?
Articulating the HR Mission, Vision, and Values
• HR professionals are responsible for the following:
o Creating the HR Mission, vision, and value statements
o Communicating these statements to senior executives and the general employee
body in terms that can be well understood.
• What will be the impact on me [the executive or employee]?
• Why should I care about the role of HR in the organization?
• How will this make my job easier?
Setting Goals
• Setting HR goals within the construct of articulated mission, vision, and values statements
is the next step.
• Using the SMART method will ensure that the goals created stand a chance of being
achieved.
o Specific: Know exactly what you want to accomplish. Goals must be well-defined,
clear, and unambiguous.
o Measurable: Have a yardstick to measure the specific intention.
o Attainable: Make the goal achievable.
o Realistic: Make the goal realistic to achieve in the timeframe and relevant to align
with the organization's strategic plan.
o Timely: Specify whether this goal has an implementation date.
• Composing goals with the SMART outline and using action verbs such as identify, describe,
create, implement, and define will guide the objective of the goal's direction.
Aligning HR Goals and Objectives
• The final step in the process is to check HR goals being aligned with the organizational goals
and objectives.
Developing Strategy
• Strategy: Statement of "how" we are going to get things done, and less specific than an
action plan.
Developing Strategies That Fit
• A good strategy will consider the existing barriers and resources; and stay within the overall
vision, mission, and objectives of the initiative.
• An initiative will use many different strategies such as providing information, enhancing
support, removing barriers, providing resources, etc. to achieve its goal .
• Objectives outline the aims of an initiative, whereas strategies suggest paths to take on the
road to success.
Business Strategy: How We Will Compete
• Each enterprise must assess for itself the missions and strategies needed to accomplish its
goal.
Creating Competitive Advantage
• There are 6 ways to differentiate your organization within a competitive marketplace,
regardless of where in the world you are located.
o Product differentiation: Features, performance, efficacy, conformance, durability,
reliability, and warranty.
o Service differentiation: Ordering ease, delivery, installation, customer training,
customer consulting, other miscellaneous services.
o Channel differentiation: Coverage, expertise, performance.
o Relationship differentiation: Competence, courtesy, reliability, credibility,
responsiveness, communication.
o Reputation/image differentiation: Perception, Communication, advertising
o Price differentiation: Customer, quantity, segment
Porter's Competitive Strategies
• (1985)- Porter suggested 4 primary competitive strategies that organizations can rely on
when plotting their future business course.
o Cost Leadership
o Differentiation
o Focus
• Cost Leadership
o Profits can be increased by reducing costs while maintaining prices at industry
average.
o Market share can be increased by both reducing costs and lowering prices, taking
sales away from competitors.
• Differentiation
o Differentiation involves making your products or services different or more attractive
than your competitors.
o Being a full service HR department means you "hold the hand of employees" as they
ask for help with benefits enrollment, discrimination complaint processing, and
training enrollment.
o BEWARE OF PROMISES YOU CAN'T KEEP AS A COMPANY!
• Focus
o Making something that no one else does that serves a specific requirement is one
way to use focus as a strategy.
Impact of Business Strategies on HR Strategy
• There are 10 steps a strategy can must make an impact on the overall business strategy:
1. Understand your organization's business- spend time talking with different
departments in the organization.
2. Share responsibility for business goals and plans- The HR goals should be aligned with
overall business goals.
3. Know the HR business thoroughly- Your customers rely on you for correct and
insightful information and advice.
4. Run your department like a business- Your goals must contribute to the
accomplishment of the overall business objectives.
5. Measure outcomes and goal achievements, not work processes- Employee and
executive surveys are often used to identify how these people see HR performance.
6. Remember the people in human resources.
7. Express thoughtful opinions backed by data and study. Learn everything you can so
you have opinions and so your opinions are backed up with data.
8. Harness the benefits of technology- Provide better customer service and free time for
dreaming up new value-added strategies.
9. Recommend programs for people who continually improve the business.
10. Learn and grow every day through every possible method.
Corporate Strategy: Where We Will Compete
• Growth Strategy Options
oMarket Penetration: Increasing market share through options such as lowering prices.
oMarket expansion: Developing new markets where current products and services can
be sold.
o Product expansion: Increasing the number of products or product features
o Diversification strategies: Selling new products to new markets.
o Acquisition strategies: Purchasing another organization to expand product line or
markets.
Managing Growth Options
• HR can contribute to those research efforts through identification of employee benefit
packages and their costs.
Talent Acquisition: Part I
Sunday, February 9, 2020
7:23 PM
Functional Area 2-Talent Acquisition
• Talent Acquisition encompasses the activities involved in building and maintaining a
workforce that meets the needs of the organization.
• TA involves all the HR strategies and processes involved in attracting, recruiting, and
selecting talent that has the KSAs needed in the workforce to meet the organization's
needs.
Organizational Staffing Requirements
• Staffing is getting the right ones into the right jobs.
Staffing Challenges
• Dealing with staffing challenges effectively is the measure of a skilled HR manager.
• Changing Demographics: housing and cost of living become too expensive and commute
times are too great; workforce demographics may shift.
• Lack of Skilled Labor
• Government and Regulatory Barriers to Hiring: When an employee is first hired, it becomes
subject to more than 50 federal laws that require compliance.
• Brain Drain:
• Availability of Reliable Data: Workforce planning and strategic staffing initiatives are
problematic when there is a lack of current, reliable data.
• Economic Cycles
• Business Lifecycles: Recruiting and retention strategies will necessarily change as business
moves through the four stages of existence.
• PEST factors: PEST factors must be considered when conducting an environmental scan,
strategic planning, or being engaged in other forecasting efforts.
Employee Lifecycles
• Recruitment & Selection: finding the best fit between a job an employee
• Onboarding and orientation: Gaining information and tools necessary to succeed in the role
and getting acclimated to the organization's culture.
• Training & Development: Promoting engagement and retention by developing an
employee's skills and commitment.
• Performance Management: Working with employees helping them achieve their goals and
objectives, priming them to become a stronger employee/
• Transition: Best match of an employee's capabilities with an organization's needs through
transfer, promotion, demotion, resignation, and retirement.
Technology Shifts
• Social media is the primary source of job candidates, as compared to the newspaper ads of
yesterday.
Cherry Picking: Pressure on Salary Levels
• Offering more money beyond the maximum pay range could cause an organization to
ensue a "freeze" on the new hire's pay level, despite the employee's acceptance on the pay
level.
• Employee discontent and discouragement can ensue because of this short-term benefit.
Creating a Job vs. Hiring for Work
• Common practice is to have a job opening identified, and then seek candidates for that job
with the intent to hire the best qualified out of the batch.
Job Analysis and Job Documentation
• Job Description: Documenting results from establishing job content and determining how
the jobs interacts with other jobs.
Job Analysis
• Job Analysis: Determining the level of responsibility embedded in the job and how it
impacts the overall organization.
• Job analysis should include the amount of physical or mental conditions under which the
job operates.
Job Documentation
• Job documentation are written descriptions of the key elements of a job, its working
conditions, and its mental and physical demands.
Job Descriptions
• Elements for a Job Description
o Administrative
o Summary of Job Content
Essential job functions: Brief description of specific tasks, duties, and
responsibilities
Mental and Educational Requirements: Formal education, training,
certifications, etc.
Skill Requirements: Typing, welding, swimming, etc.
Physical factors: Hearing, seeing, touching, operating, standing, bending,
squatting, etc.
Environmental factors: Outside weather conditions, inside workplace
conditions, workspace, hazardous materials, etc.
Hours: Number of 8-hour shifts per week, overtime, and lunch/break
requirements.
Unplanned activities: Duties or tasks that could come up, interactions, and
support of other jobs.
Approvals: Reviews and approvals of management people authorized to design
job content.
• Job Descriptions in the Global Environment
o Having job content consistency may be helpful in the outreach and recruiting efforts
in an organization.
• Job Specifications
o Job Specification: states the minimum qualifications required for performing that job.
What education is required?
What physical and mental abilities are a must?
What experience is essential?
Writing and Updating Job Descriptions and Job Specifications
• It is the responsibility of the supervisor and/or manager to develop and maintain accurate
job descriptions and job specifications.
• In larger organizations, it is the HR shop that is responsible for evaluating, rating, and
assigning pay levels to job descriptions and compensation classifications as appropriate.
• Annual reviews are mandated for all federal contractors who are required to maintain
affirmative action plans for the disabled.
• Essential tasks, duties, and responsibilities are considered to determine whether a job
accommodation can be made, or if circumstances call for it.
• Accurate job specifications are important when a job opening occurs since the hiring
manager usually needs to move quickly on the recruitment and hiring process.
Employment Categories
• Employment Categories: The two most categorized are from the FLSA:
o Nonexempt: Employees are people whose job content is not exempt from the
requirements for minimum wage and overtime requirements.
o Exempt: Employees are people whose job content does not require overtime
payment.
• Company policy classifications:
o Regular full-time employees: Scheduled to work the company's full time schedule;
usually eligible for benefit programs depending on eligibility conditions.
o Regular part-time workers: Regularly scheduled to work less than the company's full-
time schedule; may be eligible for some company programs.
o Temporary full-time employees: Interim workers assigned to specific projects or hired
for a limited duration; may or may not be offered benefits.
o Temporary part-time employees: Hired to temporary supplement the workforce, or
assist with a company project. Scheduled to work less than full-time for a limited
duration; and are usually not eligible for company benefits.
o On-Call employees: Scheduled as need for a non-specified time; usually no eligibility
for company benefit programs.
o Interns: May be college or university students, high school students, or post-graduate
adults who perform work for a specified period.
Sourcing and Recruiting
• Sourcer:
o Finds the passive candidates
o Creates interest and drives talent to the organization; requires research (org charts,
job descriptions, social media profiles).
o Engages with candidates through social media, sending emails, or even via phone.
• Recruiter:
o Manages the relationships, guiding the candidates and the hiring manager through
the screening, selection, and hiring process (by means of meetings, phone calls, and
interviews).
o Requires administrative work: Posting jobs, reviewing application submissions,
coordinating schedules, uploading documents, extending offers- all until the job
opening has been filled.
Sourcing and Recruiting in Diverse Markets
• There is a linear relationship between racial and ethnic diversity and better financial
performance.
Recruiting Methods
• Social media is now the go-to source to find external candidates.
Internal Recruiting
• This can be done via sending an email blast to employees regarding the job announcement,
posting the job opening on an employee bulletin board, and even on the organization's
intranet.
• It could be better to give current employees the opportunity to apply for the position,
especially if it means a promotion, it even means costing the organization less than
recruiting someone externally.
External Recruiting
• Job Boards: Monster, ZipRecruiter, Glassdoor, etc.
• Social Media: Facebook, LinkedIn, Twitter, Instagram, etc.
• Website: Organization's website
• Referrals: Employee referrals, including from clients, customers, vendors, and the general
public.
Other Recruiting Strategies
• Employment and temporary help agencies assist in employers and employees test-driving
with each other's objective to see if it is a good match for the employer's culture.
Employment Branding
• Employment Brand: Market perception of what it is like to work for an organization; relies
heavily on culture, along with current and former employee testimonials about experience
on the payroll.
Robust Sourcing Strategy
• Sourcing: The Art of seeking candidates before they apply for a job.
• A robust strategy in sourcing includes an active presence in the employment market
looking for organizations, internet sites, and social media accounts that represent the type
of individual knowledge, skills, and abilities you believe required now or in the future.
Recruiting Effectiveness
• Establishing and maintaining a recruitment program requires investment of an internal
staff of people dedicated to that activity or time and effort of consulting support that will
offer the same services.
Measurers of Recruitment Effectiveness
• Speed and efficiency
o Time between opening the requisition and presenting a qualified candidate slate
o Time for feedback from hiring manager to recruiter
o Requisition aging
• Quality metrics
o Number of candidates selected for interview
o Interview to offer ratio
• Data privacy
o Health Insurance Portability and Accountability Act (HIPAA)
o Genetic Information Nondiscrimination Act (GINA)
o Fair and Accurate Credit Transactions Act (FACTA)
o Data breach notification requirements
• Separation of employment
o Voluntary forms of separation
Resignation
Retirement
Job Abandonment
o Involuntary forms of resignation
Death
Discharge
Layoff/downsizing
Incapacitation
Employment Contracts
• Employment relationships can exist under a contract or without a contract (oral or written)
• Employers will be obligated for certain compensation, and employees will be obligated for
certain work.
• Usually, there is a requirement for a "just cause" before an employer can dismiss a
contractual EE.
• Written employment contracts will typically contain several sections, such as:
o Job description: List duties and responsibilities
o Statement of Authority: Details expenditure limits, hiring authority, what conditions
require approval of the Board of Directors or other authority.
o Agreement length: Identified the beginning and ending dates of the contract.
o Performance Requirements: Documents performance requirements for compensation
increases or bonuses.
o Compensation & Benefits: Details the base rate of pay, pay calculation (hourly, salary,
commission), how increases will be achieved, how compensation will be paid, perks,
pension, etc.
o Other important issues: Can include agreements about who owns copyrights and
patent rights to things produced by the employee during the contract period.
o Termination provisions: Can include personal behavior and ethics requirements and
other reasons or "causes" for separating the EE from the organization.
Oral Employment Contracts
• Oral employment contracts can be expressly made, made by mistake, and still be valid and
enforceable, much to the dismay of employers who still fall into those traps.
• Can be created in some unusual circumstances .
At-Will Employment
• Employment at-will: Absent express agreement to the contrary, employment was for an
indefinite time and could be terminated by either party, for any reason, or no reason at all.
• Employers must justify their decisions to end the employment relationship with someone.
• Employment at will only exists in the absence of a contract that details the employment
agreement between the employer and EE.
• American courts have been instrumental in identifying conditions under which employers
may not arbitrarily discharge people, even if they are at-will EE's. Restrictions include:
o Civil service rules
o Constitutional protections
o Protections against employment discrimination
o Whistle blowing protections
Employee Recognition & Reward
• The larger an organization grows, the greater the likelihood that its recognition programs
will be structured.
Forms of Rewards
• EE recognition can include service anniversary rewards (watches, clocks, plaques,
certificates, pins), employee-of-the-month awards (designated parking space, plaque or
bulletin board posting).
Recognition Systems
• Employee recognition systems can be either formal or informal.
• Formal recognition systems involve programs that are designed to address systemic
employee issues such as service awards, retirement awards, and employee of the month
awards.
• Informal recognition systems involve supervisor or manager spotlighting of employee
accomplishments at an employee meeting or supervisor acknowledgement of an employee
accomplishment by giving an extra PTO.
Recognition and Rewards in Global Organizations
• Cultural differences from one country to another mean the esteem placed on specific
rewards will also vary from country to country.
Feedback as Reward and Recognition
• Managers and supervisors who make it a habit to give thanks to EE's when it is truly
deserved will find that it is quiet the motivator.
Employee Communication
• Formal communication systems include an EE bulletin or monthly newsletter, and daily
intranet blog updates for company work sites.
• Informal communication systems can involve manager distribution of periodic emails
updating workers on specific happenings in the realm of EE relations.
• An HR manager's job is usually communicating safety accomplishments or production goal
achievements.
Including Managers and Supervisors
• Managers and supervisors are interested because they will have to implement the policies
that are issues.
• Special meetings are held for organizational leaders to learn and provide feedback to
senior management about what company policies and programs are working, and what are
not.
Third-Party Influences on EE Relations
• Third parties are involved in the process of conducting EE relationships.
Complex Labor Environments
• Third parties in employment relationships are usually government agents responsible for
enforcing legal compliance requirements having to do with things safety, child labor, EEO,
and workplace security.
Labor or Trade Unions
• Unions are groups of EE's designated to represent interests of those EE's through formal
negotiation process.
• Unions are also responsible for conducting grievances as EE representatives and protecting
against an Employer's failure to follow termination procedures.
Labor/Trade Union Strategies
• Having a strategy for supporting or avoiding union representation is worthwhile.
Increasing Formal Internationalization of Unions
• Many employer organizations are multinational that unions are forced intro the same
mode of operation.
Pressing for National and International Compliance
• It is incumbent upon employers who work with IU's to understand requirements of each
country in which they have represented EE's.
Implementing International Framework Agreements
• An international framework agreement (IFA) is an instrument negotiated between a
multinational enterprise and a Global Union Federation (GUF) to establish an ongoing
relationship between the parties, and ensure the company respects the same standards in
all the countries where it operates.
• Some mechanisms involved in trade union participation include specific actions by
management and worker representatives.
Forming Networks and Alliances
Employee & Labor Relations: Part II
Sunday, March 8, 2020
5:13 PM
Understanding Individual Labor or Trade Unions
• Each trade union is organized to assist the members it attracts.
• In the case of trade workers, journey-level individuals can work for any union-represented
employer.
• SEIU represents workers in health care and public service (like myself).
Managing the Union Relationship
• More focus nowadays is being placed on the cooperation between trade unions and
management.
• When given an active participant role, unions can become allies of employers.
Work Councils
• Originated in Germany in the 1920s
• Through work councils, workers are informed and consulted by management on the
progress of the business and any significant decision at a regional level that could affect
their employment or working conditions.
Work Council Structures
• Work councils are composed of an employer's body of workers, and are also union
representatives in many other countries.
• Can be structured once there are more than 5 employees in an organization.
• Senior management are not party to the work council.
Codetermination
• EE's are given seats on boards of directors and/or supervisory boards.
HR & Work Councils
• The National Labor Relations Act in the US prohibits "Company Unions," which is
sometimes a label pinned on work councils.
Collective Bargaining
• Negotiation involving how EE relations will be conducted in the employer organization;
results in a formal contract document or resolution of formal workplace practice and
procedures.
Contract Negotiation Process
• Negotiating a contract requires identifying subjects to be addressed by the agreement.
• There are eight steps in the negotiation process.
1. Prepare: Do your research ahead of time so that you and your opponent and you
know what you want from the negotiation.
2. Open: Let the other side know what you want, and let them tell you what they want.
3. Argue: Back up your case with evidence and uncover defects in your opponent's
argument.
4. Explore: Search for common ground and agreeable outcomes.
5. Signal: Show that you are ready for an agreement.
6. Package: Put together different acceptable options for both parties.
7. Close: Come to an agreement and finalize the negotiation
8. Sustain: Ensure that their side, and yours, follows through the negotiated agreement.
HR's Role in Contract Negotiation
• In some organizations, HR will have a designated department dedicated to Labor Relations.
Sometimes, the HR manager in smaller organizations will have the lone responsibility for
contract negotiations.
• Each component of a contract agreement (such as pay, health benefits, and bonuses) can
produce a total contract value.
• Assembling this data is the responsibility of the HR manager.
Contract Administration and Enforcement
• Many small employers work with union agreements such as operating engineers,
teamsters, and laborers.
• Memoranda of Understanding (MOU) and Collective Bargaining Agreements (CBAs) are
written contracts between employer and unions.
• Regardless of the size of the employer, someone in the organization must be assigned the
responsibility for coordinating work through unions and ensuring the employer abides by
all the requirements of the union contract.
• "hiring Halls": Practice of notifying the union of a job opening and receiving a qualified
union member as the new hire designee.
• Large employers will have labor relations staff groups that are assigned responsibility for
day to day interactions with labor unions, along with carrying responsibility for contract
negotiations.
Handling Grievances
• EE grievances can pertain to any subject, but always indicate a feeling of upset or
discontent about something going on in the workplace, such as the way they are being
treated, organizational policies, and the big category of "fairness."
• In union-represented organizations, the union contract (MOU) will usually explain what
steps exist in the grievance procedure.
• They are designed to permit union members the opportunity to formally protest
application of any contract provision.
• Here are the typical grievance-handling steps found in most organizations:
1. Written complaint: Employee describes in writing what is causing the upset or
discontent
2. Supervisor-level discussion: EE's supervisor (or another group's) supervisor will
discuss the complaint with the EE, reviewing the facts and reasons for the decision
that resulted in the complaint.
3. Management or HR-level discussion: If the supervisor or EE cannot agree, the next
discussion is with management or HR. The matter is settled here if an agreement is
reach.
4. Senior management: the final step is usually with a senior management official. It is
usually any other designated official who has authority to make nay adjustments or
decisions deemed appropriate in settling the grievance.
5. Mediation or arbitration: Contracts will usually specify whether arbitration will be
used to resolve union grievances; employers and unions will split the cost of hiring an
arbitrator.
When the EE Relationship Falters
• Sometimes, EE's and management do not see things in the same way; feelings get hurt, and
people do not feel like they are being treated fairly.
Preserving the Relationship at Difficult Times
• The worst thing that comes from a disagreement is the failure of a communication channel;
if parties cease to talk with one another, it is almost impossible to get back to a normal
working relationship.
Industrial Actions and Unfair Labor Practices
• Either management or union can initiate retaliatory action in the workplace as a response
to the other party's failure to agree at the bargaining table.
Industrial Actions
• Can be initiated by either employer or EE's, and almost always result from the breakdown
in the negotiation process.
• EE related industrial actions can include work slowdowns, work stoppage, and "sick" outs.
• Employer initiated industrial action usually involves lockouts.
Unfair Labor Practices
• NLRA states unfair labor practices can be blamed on either employers or labor unions.
• Complaints of unfair labor practices are formally filed with the National Labor Relations
Board.
• Injunction requests usually occur when striking union pickets block access to parking lots,
loading docks, or employee building entrances.
• HR professionals are usually responsible for monitoring activities in the workplace,
documenting behavior of individuals, and communicating messages from management and
unions to one another.
Managing Conflicts Between Employees
• EE conflicts are not always limited to union grievances or discrimination complaints.
• An HR Professional should play in managing conflicts within the employer organization.
o Be a custodian of team alignment.
o Drive/monitor accountability.
o Help assess the team's conflict management behavior.
o Ensure the right capability set on teams.
o Work to make sure that teams are high performers.
Conflict Resolution Techniques
• Conflict resolution can be the difference between positive and negative outcomes.
• There are five steps in the conflict resolution process:
1. Affirm the relationship.
2. Seek to understand.
3. Seek to be understood.
4. Own responsibility by apologizing.
5. Seek agreement.
One-on-One Resolution
• A coach will facilitate one-on-one discussions to help the 2 people identify what they want,
and why it is important for the party to also get what they want.
Third-Party Resolution
• When something formal is required, mediation or arbitration is required.
• It is important that each party to the process agree to accept the outcome as binding.
• AAA and AMA are two sources for HR professionals when these services are necessary.
Agency Complaints and Litigation
• Internal complaints give an employer the opportunity to resolve issues with EE's before
they fester further and generate formal external agency complaints.
• External complaints are those filed with state or federal fair employment practices (EEOC
or US DOL WHD, or even OSHA).
• When a formal complaint is filed, it is a sign that the employer cannot speak with their own
EE about the issue.
• The employer will need to conduct an investigation to determine whether the complaint
has merit.
HR's Role in Complaints and Litigation
• HR professionals are usually the POC for employee complaints, and responsible for
conducting the investigation into the complaint's validity.
• It is up to HR professionals to make recommendations to upper management regarding the
outcome, and any actions that should be taken.
Workplace Retaliation
• Every category of federal law that deals with EE relations provides prohibitions against
employer retaliation for EE's availing themselves of the legal protections against
mistreatment.
Conducting Investigations
• Investigations can be helpful in a grievance-handling effort, and are essential in
determining the validity of discrimination complaints.
• Internal HR professionals are almost always given authority in state and federal law to
investigate on behalf of the employer.
• Whoever is designated as the investigator should normally follow these steps:
1. Obtain a written complaint.
2. Conduct interviews.
3. Decide.
4. Give feedback.
Disciplining Employees
• The progressive discipline model is ones that has been used in American workplaces for
more than a century.
• It is written into many union contracts as a requirement to assure management treats its
members appropriately when problems arise.
• In small organizations, discipline and termination are handled without many written
procedures.
Warnings
• Warnings: First step in the progressive discipline process, and can be both verbal and
written; both are documented so the discipline history is recorded.
• Verbal warnings consist of informal counseling to ensure the employee understands
the consequences if the behavior is not properly addressed.
• Written warnings include official members or memos documenting the behavior or
concern, with necessary expectations outlines.
o The policy violated should be articulated in writing so the employee understands
why the warning is being issues.
o Include the "up to and including termination" verbiage
Termination
• Termination: Final step in the progressive discipline process, and when an employee
is removed from their job. Usually occurs from poor performance, policy violations,
and behavioral issues.
• In some situations, terminated employees are given formal contracts known as
separation agreements.
Preventive Measures
• The best prevention is communication, and ensure the EE is clear about the specific
expectations you have for their performance.
• Make sure people understand their personal importance to the employer's success (This is
BS in some cases).
• It is only when expectations are not met that there are problems.
Providing Due Process
• Due process is ensuring EE's receive all protections to which they are entitled, and what
contributed to the Covenant of Good Faith and Fair Dealing.
Constructive Discipline
• It is a positive outcome of the disciplinary process, and usually EE's understand why they
were disciplines, and treatment is fair within the circumstances.
HR's Role in Discipline
• HR professionals are the coaches for line managers and supervisors, and it is HR's
responsibility to track disciplinary cases, counsel managers on handling disciplinary
interviews, encourage EE's when they discuss their problems, and nudge all parties toward
a positive outcome.