All those areas of human resource management that involve relationships with employees – directly or through collective agreements when trade unions are recognized
Structure: formal rules/procedures, informal understandings and expectations
Elements of employee relations
The management of the employment relationship generally through the organization's formal and informal employment practices
The informal as well as the formal processes that take place in the shape of continuousinteractions between line managers and individuals and their representatives
The development, negotiation and application of formal systems and rules for collectivebargaining and handlingdisputes
The creation of an employee relations climate that is acceptable to all parties and includes the development of mutual trust, openness and the maintenance of harmoniousrelationships
Goals and strategies: Management and Unions
Management: Control, Efficiency, Effectiveness, Flexibility, No strikes
Union: Participation, Job Security, "Fair" Wages, Protected Rights, No lockouts
Common Interests: Survival, Competitiveness, Profitability, Equity
Employee relations policies
Trade union recognition
Collective bargaining
Employee relations procedures
Employee voice
Partnership
The employment relationship
Harmonization of terms
Working arrangements
Company strategies in labor relations
Union suppression
Union avoidance
Union substitution
Businesslike union-management
Union cooperation
Procedural agreements
Set out the respective duties and responsibilities of managers and unions, the steps through which they make joint decisions and the procedure to be followed if they fail to agree
Substantive agreements
Set out agreed terms and conditions of employment
Partnership agreements
Involve both parties (management and trade unions) agreeing to work together to their mutual advantage and to achieve a climate of more cooperative and therefore less adversarial industrial relations
General trends in managing with trade unions
Learn to live with unions
Give industrial relations a lower priority
Feel it is easier to continue to work with a union because it provides a useful, well-established channel for the handling of grievance, discipline and safety issues
Characteristics of union-free employee relations
Employee relations generally seen as better
Strikes almost unheardof
Labour turnover high but absenteeism no worse
Pay levels generally set unilaterally by management
Dispersion of pay higher, more market-related and more performance-related pay, greater incidence of low pay
No alternative forms of employee representation
Employee relations conducted with a higher degree of informality
Managers generally felt unconstrained in the way they organized work
More flexibility in the use of labour
Employees more likely to be dismissed and higher incidence of compulsory redundancy
Features of conciliation
Conciliator tries to remove the difference between the parties
Persuades the parties to think over the matter with a problem-solving approach
Only persuades the disputants to reach a solution and never imposes his/her own viewpoint
Conciliator may change his approach from case to case as he/she finds fit depending on other factors
Conciliation machinery in India
Conciliation Officer
Board of Conciliation
Court of Enquiry
Conciliation Officer
Appointed by the appropriate government, enjoys the powers of a civil court, expected to give judgment within 14days of the commencement of the conciliation proceedings, judgment given by him is binding on the parties to the dispute
Board of Conciliation
Appointed by the appropriate government, an adhoc body consisting of a chairman and two or four other members nominated in equal numbers by the parties to the dispute, enjoys the powers of civil court, expected to give its judgment within twomonths of the date on which the dispute was referred to it
Types of arbitration
Voluntary arbitration
Compulsory arbitration
Voluntary arbitration
Both the conflicting parties appoint a neutral third party as arbitrator, the arbitrator acts only when the dispute is referred to him/her, judgments given by it are notbinding on the disputants
Compulsory arbitration
The government can force the disputing parties to go for compulsory arbitration, the judgment given by the arbitrator is binding on the parties of dispute
Adjudication machinery in India
Labour Court
Industrial Tribunal
National Tribunal
Labour Court
Constituted by the appropriate government, deals with matters specified in the second schedule of the Industrial Disputes Act, 1947
Industrial Tribunal
Constituted by the appropriate government, has a wider jurisdiction than the Labour Court, deals with matters such as wages, hours of work, leave, bonus, retrenchment, etc.
National Tribunal
Appointed by the Central Government for the adjudication of industrial disputes of national importance, no labour court or industrial tribunal shall have any jurisdiction to adjudicate upon such matter