This Document Contains Chapters 10 to 13 PART FIVE: BUILDING EFFECTIVE EMPLOYEE–EMPLOYER RELATIONSHIPS CHAPTER 10 OCCUPATIONAL HEALTH AND SAFETY REVIEW AND DISCUSSION QUESTIONS (p. 283) 1. Discuss the purpose of occupational health and safety legislation and who the agents responsible for enforcing it are. (p. 258-262) The purpose of these laws is to protect the health and safety of employees at work by legislating general health and safety rules, rules for specific industries, and rules related to specific hazards. Provisions of occupational health and safety legislation differ significantly across Canada, but most have certain basic features in common, including designated responsibilities and rights of employers and employees, joint health and safety committees, and enforcement procedures. In all Canadian jurisdictions, occupational health and safety law provides for government inspectors to periodically carry out safety inspections of workplaces. Safety inspectors may order a variety of actions on the part of employers and employees, including orders to stop work, stop using tools, install first aid equipment, and stop emission of contaminants. Penalties consist of fines and/or jail terms. Governments across Canada are increasingly turning to prosecutions as a means of enforcing health and safety standards. An amendment to the Criminal Code has been introduced which is called “corporate killing,” which imposes criminal liability on corporate decision-makers who fail to ensure that their company maintains an appropriate level of safety. 2. Explain the differences and similarities in the employer, supervisor, and employee roles and responsibilities in maintain safe workplace conditions. (p. 259-260) Most jurisdictions impose a personal duty on supervisors to ensure that workers comply with occupational health and safety regulations, and place a specific obligation on supervisors to advise and instruct workers about safety. Safety-minded managers must aim to instil in their workers the desire to work safely. Minimizing hazards is important, but no matter how safe the workplace is, there will be accidents unless workers want to and do act safely. Of course, supervisors try to watch each employee closely, but most managers know this will not work. In the final analysis, the best (and perhaps only) alternative is to get workers to want to work safely. Then, when needed, safety rules should be enforced. Most safety experts agree that safety commitment begins with top management. Without the full commitment at all levels of management, any attempts to reduce unsafe acts by workers will meet with little success. The first-line supervisor is a critical link in the chain of management. If the supervisor does not take safety seriously, it is likely that those under him or her will not either. Employee responsibilities and role include: Know about workplace safety hazards Participate in health and safety process Refuse unsafe work if they have reasonable belief that the work is dangerous (p. 259) 3. Explain factors that contribute to unsafe acts, and identify how these factors can be controlled to reduce unsafe working conditions. (p. 267-269) Personal characteristics (personality, motivation, and so on) serve as the basis for certain "behaviour tendencies" such as the tendency to take risks and undesirable attitudes. These behaviour tendencies in turn result in unsafe acts such as inattention and failure to follow procedures. It follows that such unsafe acts increase the probability of someone having an accident. The person who is accident prone on one job may not be on a different job – accident proneness is situational. In fact, many human traits have been found to be related to accident repetition in specific situations: Vision: Vision is related to accident frequency for many jobs. For example, passenger car drivers, intercity bus drivers, and machine operators who have high visual skills have fewer injuries than those who do not. Age: Accidents are generally most frequent between the ages of 17 and 28, declining thereafter to reach a low in the late fifties and sixties. Literacy: The risk of accidents is higher for employees who cannot read and understand machinery operating instructions, safety precautions, equipment and repair manuals, first aid instructions, or organizational policies on workplace health and safety. Perceptual versus Motor Skills: Where a worker's perceptual skill is equal to, or higher than, his or her motor skills, the employee is a relatively safe worker. But where the perception level is lower than the motor skills level, the employee is accident prone, and his or her accident proneness becomes greater as this difference increases. 4. Describe how to reduce workers’ compensation costs, both before and after an accident. (p.271) Before the accident, firms should remove unsafe conditions, screen out employees who might be accident prone for the job in question (without violating human rights legislation), and establish a safety policy and loss-control goals. After the accident, the employer should provide first aid and make sure that the worker gets quick medical attention, should make it clear that he or she is interested in the injured worker and his or her fears and questions, document the accident, file any required accident reports, and encourage a speedy return to work. Some people believe that the most important and effective thing an employer can do to reduce costs is to develop an aggressive return-to-work program, including making light-duty work available. Functional abilities evaluations are an important step in facilitating the return to work. This evaluation determines the level of disability so that the worker can either go back to his or her original job or be accommodated. 5. Explain the four traditional techniques for dealing with substance abuse. (p. 273) The four traditional techniques for dealing with substance abuse are: 1. Discipline 2. Discharge – this is used only after repeated attempts at rehabilitation have failed. 3. In-house counselling – can be offered by the employer’s medical staff, the employee assistance plan, or agencies such as AA 4. Referral to an outside agency 6. Analyze the legal and safety issues concerning workplace toxins. (p. 277) The leading cause of work-related deaths around the world is cancer, and hundreds of Canadian workers die from occupational cancer each year. Cancer-causing agents in the workplace are not being significantly reduced, as it is costly for employers to do so and unions have placed a higher priority on wages and benefits. In Manitoba, the workers’ compensation law provides benefits to firefighters who develop any of five specific job-related cancers, and this law could set a precedent for other occupations and other jurisdictions. 7. Explain factors contributing to violence at work and explain how to reduce these factors. (p. 279-281) Several concrete steps can be taken by employers to reduce the incidents of workplace violence. These include identifying jobs with high risk of violence; instituting a workplace violence policy; creating a healthy work environment; enhancing security arrangements; improving employee screening; and training for violence reduction. CRITICAL THINKING QUESTIONS (p. 283) 1. What is your opinion on the question “Is there such a thing as an accident-prone person?” How can organizations manage occupational health and safety in an organization if the answer is yes? If it is no? Based on the material presented in this chapter, the evidence seems fairly conclusive that there is no such thing as an accident-prone person and that accident proneness is situational. Human traits that have been found to be related to accident repetition in specific situations include vision, age, and perceptual versus motor skills. Therefore accident prevention measures outlined in the text are appropriate. 2. Young people have a disproportionately high number of workplace accidents. In your opinion what factors have impacted this statistic? Why do you think that is? What role does the organization play in reducing workplace accidents among younger employees? What role do younger employees play in reducing workplace accidents? The students typically have many good answers for this question and many of them have stories about workplace incidents they have seen or experienced. For many this is a reminder of the TV, bus shelter and newspaper ads they have seen. Typical responses will include – we think we are invincible, nobody warns us of hazards, we fool around a lot This leads into a discussion of some of the high profile accidents that have killed or permanently injured young workers. 3. Develop guidelines for determining the point at which to terminate an employee who shows tendencies of violence in the workplace? Assess a situation from the position of kitchen staff at a large restaurant. Reminder: Your guidelines must stay within legal limits and should also be realistic. A decision to terminate an employee should be based on the following: • an act of violence on or off the job • erratic behaviour evidencing a loss of perception or awareness of actions • overly defensive, obsessive, or paranoid tendencies • overly confrontational or antisocial behaviour • sexually aggressive behaviour • isolationist or loner tendencies • insubordinate behaviour with a suggestion of violence • tendency to overreact to criticism • exaggerated interest in war, guns, violence, mass murders, catastrophes, and so on • the commission of a serious breach of security • possession of weapons, guns, knives, or like items at the workplace • violation of privacy rights of others such as searching desks or stalking • chronic complaining and the raising of frequent, unreasonable grievances • get-even attitude The firm should institute a workplace violence policy, heighten security measures, and provide workplace violence training. Having taken these steps, the appropriate course of action will depend on the nature of the offence. An act of violence on the job, insubordinate behaviour with a suggestion of violence, the commission of a serious breach of security, possession of a weapon, and violation of privacy rights of others are offences that justify immediate termination of employment following a fair and impartial investigation and ensuring that the individual’s due process rights are protected. 4. You notice that one of your employees consistently comes in to work on Monday morning nursing a hangover. For most of the morning, she appears distant and reclusive? Do you approach her to discuss the situation, or do you feel that it is an invasion of privacy? You cannot confront her directly with accusations of alcohol use but you can ask how she is feeling and document any observations of unusual behaviour. If she is unfit for work she can be sent home and a written warning should be put in her file and she should be made aware of the number of warnings that the company will tolerate. You can suggest that if she needs support for any issues she should feel free to use the confidential EAP. You cannot diagnose alcohol addiction but have to remember that if she has an addiction she is protected by human rights legislation, because addiction is viewed as a disability in Canada. 5. Given the disappointing progress in reducing workplace injuries and deaths, do you think that the “corporate killing” law should be used more aggressively? The Criminal Code was amended in 2004 to introduce a criminal offence commonly known as “corporate killing,” which imposes criminal liability on “all persons” who direct the work of other employees and fail to ensure an appropriate level of safety in the workplace. Criminal Code convictions can be penalized by incarceration up to life in prison and unlimited fines. Statistics show that on average more than three Canadians die each working day. Over the years, these numbers have continued to increase despite various laws and regulations that have been introduced with the aim of reducing such deaths. Therefore, it would be wise to bring in a law that imposes criminal liability upon the employer and the supervisors. It is the duty of employers to ensure the health and well-being of their employees and to provide a safe environment to work in. While employers are held accountable for workplace injuries and deaths, employees too will have to be held accountable. Even if the employer provides a safe work environment, or has workplace policies and regulations to prevent injuries and accidents, if employees do not adhere to them then it is difficult to avoid such situations. Therefore, it’s necessary to consider how such laws can also be extended to hold the employees accountable, and what consequences they have to face if investigations reveal that employee negligence caused an accident that resulted in a death. 6. Assume that you have an employee working in your company who has been treated several times already for substance abuse through the company counselling program. Today, the manager found him “stoned” again, trying to operate a piece of equipment in an unsafe manner. The manager just came to you and said “Fire him! I’ve had enough! He’s not only endangering himself, but other workers.” The company has a no substance use while at work and zero tolerance for arriving at work in an impaired state policy that all employees are aware of and have signed off on as part of the code of conduct. What steps can/should your company take in this circumstance? This is a tricky situation as addiction is considered a disability. In this case, taking all documentation of what the company has done so far to support the employee and getting legal advice on the chances of succeeding in terminating the employee without a wrongful dismissal claim is a good idea. As for dealing with the manager, reinforce that addiction is a disability and must be treated as such. Obviously the worker must not be allowed to continue endangering himself or others. Your option in the meantime might be to transfer him to another less risky task. Discharge is an option but only if all the steps have been taken to assist the worker and the whole process has been documented including repeated written warnings. EXPERIENTIAL EXERCISES (p. 284) 1. In a group of four to six students, spend about 30 to 45 minutes in and around one of the buildings on your campus identifying health and safety hazards. Research whether or not these unsafe conditions violate the applicable health and safety legislation. Develop recommendations to enhance building safety for each location and debrief your colleagues on these recommendations. Unsafe conditions are the mechanical and physical conditions that cause accidents. Students should focus on physical aspects such as defective equipment, poor lighting, unsafe storage of hazardous materials, and inaccessibility of fire exits. The provincial/territorial safety council and/or the health and safety committee members at the college or university should be able to provide a copy of the applicable health and safety legislation for students’ reference. Note: By law, the legislation should be posted in English and the majority language of the workplace. 2. Review a workplace-violence consulting website and contact a workplace violence consultant. Gather information on what advice is provided to clients on preventing workplace violence, and ask for a sample workplace violence policy. Prepare a brief presentation to the class on your findings. The material on workplace violence in the text can be used to guide students' questions, and to organize the information obtained from the workplace violence consultant. Key aspects of workplace violence prevention include training, employer policies, security measures, employee screening, and behaviour management techniques. The Canadian Centre for Occupational Health and Safety is a good resource as well. 3. On your own, identify the workplace hazards that might be present in the following workplaces: • car repair and auto body shop • home renovations supplies and equipment storage area • live concert venue • health clinic dealing with homeless people • office with many employees working on computers and paper files • chemical plant finished product storage area. Think about what these companies can and should do to ensure that their employees are safe at work. Once you have completed your own list of answers, work with a group of four or five students to compare your lists. Brainstorm other hazards and solutions. The purpose of this exercise is for students to think about hazards they may never have thought about before in the context of workplace that they may take for granted. Students typically miss the following hazards that may be found in office environments that they tend to think are “safe” places: unsecured filing cabinets and shelving, communicable diseases. For each one of the scenarios there are many hazards that can be identified and discussed. Sometime students have personal experience of them. This is an opportunity to remind students of the proper way to load a filing cabinet and secure them since many of them will be working in an office in the future. Solutions include good housekeeping to prevent slips and falls, protective clothing, footwear, gloves, eyewear and facemasks, ergonomic workstations, restricted access to certain locations, 5. Conduct an Internet search on Canadian websites to find a material safety data sheet (MSDS) for chlorine laundry bleach for home use. What have you learned that you did not know Students should be able to compare the type and quality of the information presented. They should also be able to extrapolate what they have learned to other workplace environments. Conducting an Internet Search on Material Safety Data Sheet (MSDS) for Chlorine Laundry Bleach: Upon conducting an Internet search on Canadian websites to find a material safety data sheet (MSDS) for chlorine laundry bleach for home use, I discovered several key insights that I did not know previously. 1. Chemical Composition and Hazards: The MSDS provided detailed information about the chemical composition of chlorine laundry bleach, including its active ingredient, sodium hypochlorite. It outlined potential hazards associated with the product, such as skin and eye irritation, respiratory issues, and the release of toxic chlorine gas if mixed with certain other substances. 2. Safe Handling and Storage Practices: The MSDS outlined recommended safe handling and storage practices to minimize risks when using chlorine bleach at home. This included wearing protective equipment such as gloves and goggles, ensuring adequate ventilation in the area of use, and storing the product away from incompatible materials. 3. First Aid Measures: In case of accidental exposure or ingestion, the MSDS provided clear instructions on first aid measures to be taken, including rinsing affected areas with water, seeking medical attention if necessary, and providing supportive care as needed. 4. Environmental Impact: The MSDS also addressed the potential environmental impact of chlorine bleach, highlighting its corrosive effects on aquatic ecosystems and advising against its disposal into drains or waterways. 5. Regulatory Compliance: Additionally, the MSDS referenced relevant regulatory requirements and guidelines governing the safe handling and use of chlorine bleach in Canada, demonstrating the importance of compliance with regulatory standards to ensure consumer safety. Key Learnings: Through this exercise, I learned about the importance of understanding the potential hazards associated with household chemicals like chlorine bleach and the significance of following proper safety protocols when handling and using such products. I also gained a deeper appreciation for the regulatory frameworks in place to protect consumer health and safety and the responsibility of individuals to educate themselves on safe usage practices. Overall, this exercise underscored the critical role of MSDSs in providing essential information to promote safe handling, storage, and disposal of hazardous substances in the home environment. 6. Depression has been described as a “clear and present danger” to business, as it manifest itself in alcoholism, absenteeism, injury, physical illness, and lost productivity. Estimates suggest that an employee with depression who goes untreated costs the company twice what treatment costs per year. A Harvard University study projects that, by 2020, depression will become the biggest source of lost workdays in developed countries.; the World Health Organization predicts that depression will rank second as a cause of disability on a global basis by the same year. Young workers (aged 15 to 24) are most at risk. Assuming the role of a career counsellor to newly hired graduates in a large retail company (Sears, Costco, Walmart, and so on), explain the employee and employer outcomes of stress and depression in an informed and actionable way. Students should develop materials (talk, posters, presentation, webpage, brochure) that will get the attention of the target group in a way that is informative but not condescending, that makes young workers more tolerant of mental health issues, makes those with mental health issues feel valued and comfortable in seeking support, and that has practical suggestions on what to do if they are experiencing depression and how to help others who may be experiencing depression. CHAPTER 11 MANAGING EMPLOYEE SEPARATIONS: FOUNDATIONS OF EMPLOYEE ENGAGEMENT, COMMUNICATION, AND TURNOVER MANAGEMENT REVIEW AND DISCUSSION QUESTIONS (p. 301) 1. Explain why organizations today are concerned with voluntary turnover. (p. 287-288) Voluntary turnover is employee initiated, so often comes unexpectedly disrupting succession plans and business operations. In addition, exiting employees may be leaving for competing firms and the organization may lose the best and brightest, who have knowledge and skills that are difficult to replace. 2. Describe the issues of reasonable notice in layoffs and how it relates to employee perspectives of fairness or intent to file wrongful dismissal lawsuits. (p. 294) In Canada employers cannot lay off workers “at will”, and group termination laws call for a longer period of notice when large groups of employees are being laid off, in recognition of the challenges that they may face in obtaining new employment. Springing a layoff on a group of workers is subject to a wrongful dismissal suit in regards to a collective bargaining agreement (if unionized), or an implied or explicit employment contract. This would be seen as procedural and possibly interactional injustice and research shows that unfair treatment tends to increase the number of wrongful dismissal claims. 3. Explain how fairness in employee termination can be ensured, particularly the prerequisites to progressive discipline guidelines. (p. 295-297) The purpose of discipline is to encourage employees to adhere to rules and regulations. Courts have repeatedly articulated the rights of employees to fair treatment not only during the term of employment, but also during the discipline and termination process. A fair and just discipline process is based on three foundations: rules and regulations which address things like theft, drinking on the job, and insubordination; a system of progressive penalties which includes steps such as verbal warnings, written warnings, suspension, and discharge; and an appeals process to ensure that discipline is meted out fairly and equitably. 4. What are the various steps in the termination interview? (p. 299) Guidelines for the termination interview include: • Plan the interview for a day early in the week (not Friday or pre-holiday, pre-vacation day) • Get to the point • Briefly describe the situation (3 – 4 sentence explanation of reason for termination) • Listen, be ready for any one of five major reactions: hostility & anger, defensive bargaining, formal controlled manner, stoic façade, tears & sadness • Review all elements of severance package and reference letters; avoid additional promises • Identify the next step (e.g. where to go now, who to contact with follow-up questions) 5. Discuss some of the issues that should be covered when communicating effectively with employees in the organization. (p. 298) Communication with employees should be honest, open, and forthright, use multiple modalities (newsletters, presentations, videos, blogs, and so on), and provide a feedback channel for employees to communicate. CRITICAL THINKING QUESTIONS (p. 301) 1. Should a company consider providing termination packages to employees who have ongoing disciplinary problems rather than taking the time and effort to go through the progressive discipline process? The answer to this depends on the nature of the disciplinary problem at hand. For example, some disciplinary issues require immediate termination such as theft, insubordination, violence at work, etc. On the other hand, most disciplinary issues are performance related such as absenteeism, failing to meet job expectations, etc. If employees are going through such issues, it is important to consider progressive disciplinary action before providing a termination package. It’s important to bring to the attention of the employee what the issues are and give him/her a chance to improve performance levels. There are situations where employees get disgruntled when progressive disciplinary action is taken. Some employees do not respond positively to such action and can create trouble within the team environment they are in. If this happens, it is best to terminate employment because further action can lead to further deterioration of performance/morale from the part of the employee, which can create a negative work environment for other employees and a decline in general employee morale and performance. 2. Assume that in one department of your organization the voluntary turnover rate is double the rate that other departments have. What factors might contribute to this? What issues would you investigate? Is voluntary turnover necessarily bad and in need of correction? Factors that might explain differences in rate of turnover include: age of workers in that department, management style, type of occupation, and the status of that department in the organization. The proportion of retirement age and also relatively young workers would predict higher turnover. People in that department might be “jumping ship” because of a toxic manager. Alternatively, if the workers in that department are in high demand in the external labour market then they may be leaving for better opportunities elsewhere, possibly going with a popular manager who took a job elsewhere and wants their team with them. Last, but not least, turnover could be high because this is a low status department and people take jobs in this department in order to gain organizational/work experience but “post out” as soon as they can. Voluntary turnover is not necessarily bad if good people are staying with the organization in other roles and people who are not a good fit are leaving. However, too much “churn” is disruptive to business operations and customer satisfaction. Those left behind have to take on additional work until the replacement is hired and is up to speed. 3. Discuss the options presented as alternative to layoffs. Which of these would appeal to you, your family members, and friends? Why? What challenges do these alternatives pose to organizations? Alternative to layoffs include: • Voluntary reduction in pay, voluntary time off, use of contingent workers, HRSDC’s Work Sharing Program. • Student preferences will vary. • The challenges to organizations include: too many people wanting to take voluntary time off at the same time, inability to determine how workers will be needed for one week to the next. Upon discussing the options presented as alternatives to layoffs and considering their appeal to myself, family members, and friends, as well as the challenges they pose to organizations, several insights can be gleaned: 1. Reduced Work Hours or Furloughs: • Appeal: Reduced work hours or temporary furloughs offer employees the opportunity to retain their jobs while also allowing them to maintain a source of income, albeit at a reduced level. This option provides some stability during uncertain times and helps mitigate the financial impact of a full layoff. • Challenges: Organizations may face logistical challenges in coordinating reduced work schedules and ensuring equitable distribution of workload among employees. Additionally, reduced hours may impact employee morale and productivity, requiring effective communication and support from management to mitigate potential negative effects. 2. Job Sharing: • Appeal: Job sharing allows employees to share responsibilities and workload, providing flexibility in work schedules while retaining employment. This option appeals to individuals seeking work-life balance or those with personal commitments outside of work. • Challenges: Implementing job sharing arrangements requires careful coordination and communication between employees sharing the role, as well as with management to ensure continuity and effectiveness in job performance. Organizations may also face challenges in adjusting schedules and workload to accommodate job sharing arrangements. 3. Voluntary Retirement or Early Retirement Incentives: • Appeal: Voluntary retirement or early retirement incentives provide older employees with the opportunity to retire early, often with financial incentives or enhanced retirement benefits. This option appeals to individuals nearing retirement age who may be considering retirement anyway and are incentivized by the additional benefits. • Challenges: Organizations may face challenges in ensuring voluntary retirement programs do not disproportionately impact key roles or critical functions within the organization. Additionally, managing the transition and knowledge transfer for retiring employees requires careful planning and succession management to minimize disruptions. 4. Cross-Training and Skill Development: • Appeal: Investing in cross-training and skill development programs allows organizations to retain employees while also enhancing their skills and versatility in performing various roles within the organization. This option appeals to individuals seeking opportunities for growth and development within their current roles. • Challenges: Implementing cross-training and skill development initiatives requires dedicated resources and time commitments from both employees and management. Organizations may also face challenges in identifying suitable training opportunities and ensuring alignment with organizational goals and objectives. In conclusion, while each alternative to layoffs presents its own appeal and benefits for employees, they also pose unique challenges to organizations in terms of logistics, communication, and resource allocation. Effectively managing these alternatives requires proactive planning, clear communication, and a commitment to supporting employees through periods of change and uncertainty. By exploring and implementing alternative options to layoffs, organizations can demonstrate their commitment to employee well-being while also maintaining operational continuity and long-term sustainability. EXPERIENTIAL EXERCISES (p. 302) 1. Working individually or in groups, obtain copies of the student handbook for a college or university and determine to what extent there is a formal process through which students can air grievances. Would you expect the process to be effective? Why or why not? Based on contact with students who have used the grievance process, has it been effective? Answers to this question will vary according to the college or university handbook chosen. Most educational institutions have a formal student appeals process, although in some, it only pertains to grades. In assessing the program's effectiveness, helpful hints can be found in the textbook. For example, is the grievance process accessible to every student? Is it easy to use and are students encouraged to use it? Grievance procedures can only be effective if there is an atmosphere of trust, complainants are guaranteed due process, steps and time limits are specified, confidentiality is guaranteed to the greatest extent possible, and there is provision for impartial investigation. After obtaining copies of student handbooks for various colleges or universities and assessing the formal processes through which students can air grievances, several observations and considerations arise: 1. Extent of Formal Grievance Process: • Evaluate the student handbook to identify sections or policies dedicated to addressing student grievances. Look for information on how grievances are filed, the steps involved in the process, and any specific procedures or timelines outlined. 2. Effectiveness Expectations: • Consider the clarity, accessibility, and fairness of the grievance process outlined in the student handbook. Assess whether the process provides adequate support and resolution mechanisms for students facing issues or concerns. 3. Student Feedback and Experiences: • Gather feedback from students who have utilized the grievance process in the past to understand their experiences and perceptions of its effectiveness. Assess whether grievances were addressed satisfactorily, whether the process was transparent and fair, and whether students felt supported throughout the process. 4. Considerations for Effectiveness: • Transparency: The grievance process should be transparent, with clear guidelines and procedures outlined in the student handbook. • Accessibility: The process should be easily accessible to all students, regardless of background or circumstances, and should provide multiple channels for filing grievances. • Timeliness: A prompt and efficient resolution process is crucial to maintaining student satisfaction and trust in the institution. • Fairness and Impartiality: The process should ensure fair treatment of students and impartial handling of grievances by trained personnel. • Supportive Resources: Students should have access to support services and resources to guide them through the grievance process and advocate for their rights. Based on the findings from the assessment of the student handbook and feedback from students who have used the grievance process, determine the effectiveness of the process in addressing student concerns and fostering a positive student experience. Identify any areas for improvement or enhancements to ensure the grievance process meets the needs of students and contributes to a supportive and inclusive campus environment. In conclusion, while the effectiveness of the grievance process may vary depending on institutional policies and practices, it is essential for colleges and universities to continuously review and improve their processes to ensure they remain responsive to student needs and promote a culture of accountability and transparency. By providing a formal mechanism for students to air grievances and actively seeking student feedback on the process, institutions can demonstrate their commitment to student success and well-being. 2. Working individually or in groups, determine the nature of the academic discipline process in your college or university. Does it appear to be an effective one? Based on this chapter, should any modification be made to the student discipline process? Most educational institutions have a formal academic discipline policy and procedure. To determine its effectiveness and assess whether any modifications are required, the textbook should be used for reference. An effective discipline process is based on clearly specified rules and regulations, a system of progressive penalties, and an appeals process. 3. A computer department employee made an entry error that ruined an entire run of computer reports. Efforts to rectify the situation produced a second batch of improperly run reports. As a result of the series of errors, the employer incurred extra costs of $2,400, plus a weekend of overtime work by other computer department staffers. Management suspended the employee for three days for negligence, and also revoked a promotion for which the employee had previously been approved. Protesting the discipline, the employee stressed that she had attempted to correct her error in the early stages of the run by notifying the manager of computer operations of her mistake. Maintaining that the resulting string of errors could have been avoided if the manager had followed up on her report and stopped the initial run, the employee argued that she had been treated unfairly; she was being severely punished but the manager had not been disciplined at all even though he had compounded the problem. Moreover, citing her “impeccable” work record and management’s acknowledgment that she had always been a “model employee,” the employee insisted that the denial of her previously approved promotion was “unconscionable.” (a) In groups, determine what your decision would be if you were the arbitrator. Why? (Your instructor will inform you of the actual arbitrator’s decision when you discuss this exercise in class.) (b) Do you think that the employer handled the disciplinary situation correctly? Why? What would you have done differently? Answers to this question will require an understanding of the aspects of fair disciplinary procedures. A fair and just discipline process involves due process, which means that the accused is entitled to a fair and thorough investigation. Such an investigation would confirm or contradict the employee’s assertion that she had tried to correct the error by reporting the problem to her manager and that he had failed to follow up. Another element of a fair and just discipline process is a system of progressive penalties that are reasonably related to the misconduct and to the employee’s past work history. A three-day suspension and the loss of a promotion would be considered severe disciplinary action for an employee with an exemplary work record up to this incident. In addition, imposing a suspension and the loss of a promotion means that the employee was, in effect, punished twice for the same error. The fact that the manager did not receive any type of discipline may also lead one to believe that discipline is not applied in a consistent or non-discriminatory manner. An arbitrator would rule that the discipline imposed was far too harsh, given the employee’s past record, her attempt to correct the problem in the early stages, and her manager’s failure to follow up on her report. On the other hand, the employer incurred substantial costs because of the employee’s error, something that deserves to be penalized. To determine an appropriate penalty, the arbitrator would take into consideration the way in which similar incidents have been handled in the past. In this particular case, management testified that other employees had been issued three-day suspensions for similar infractions in the past, testimony that the union did not challenge. Given all of the above facts, the arbitrator upheld the three-day suspension, but ordered that the employee be awarded the promotion for which she had previously been approved. 4.Working with a partner, review the following scenario and discuss your responses: Maggie sat there stunned. Her boss had just told her that , as a result of the merger with the ABC Company, she would be reporting to the vice-president of customer service and that her title would be associate vice-president of customer service. “This can’t be. My job is the VP of customer service. How can I report to another VP?” Has Maggie been demoted? Constructively Dismissed? Discuss the rational for your answer. Maggie’s title has certainly changed, and this may be a demotion in her eyes. However, has her job actually changed. This would depend on the relative size of the organization after the merger versus the organization that she was previously. If it is a much larger organization, and the responsibilities and scope of the job have increased, then she would be neither demoted nor constructively. If however, the job is changed so that she has a lesser role, then she would have been demoted and may be considered to have been constructively dismissed if she leaves the job. 5. You are HR manager for a small company that has just bought another company in your field. You learned of the purchase only when you were asked to attend a meeting this morning. Somehow, between now and noon tomorrow, you must come up with a plan to communicate the purchase to both your and the other organization’s employees. What do you think will be the main concerns of employees in each company? Describe your first steps and the plan for the transition period between now and the closing date of purchase. Many students will expect that this situation will occur exactly as stated, few will question why the HR manager would not have had some input into the HR ramifications of the purchase prior to the agreement being reached but this is an important point as it speaks to the relation of HR to other roles in this organization. As this purchase is a surprise to you, it is likely to be a surprise to the employees and they are likely to be most concerned about the specific ramification for them, how their job will be impacted and their own job security, particularly since both companies are in the same field. The communication must be straightforward in addressing their concerns in an honest fashion. That said, you must first gain a clear understanding of what this purchase means and what changes to the business operations are anticipated by management. Employees should be reassured that they will be informed of upcoming changes. If possible, reassure employees about their position in the company and their value to the company, but this can only be done if there will not be redundancies. Otherwise, inform people how changes will be determined and what the next steps will be. Set up an interactive mechanism to address employee concerns and any rumours that start. If growth opportunities exist, definitely highlight this Given that you have not been in the loop yourself, this will be a challenge but the communication must be honest and as open as possible, otherwise the organization risks building distrust and cynicism among employees CHAPTER 12 LABOUR RELATIONS REVIEW AND DISCUSSION QUESTIONS (p. 325) 1. Cite three examples of unfair labour practices on the part of management and three on the part of unions. The text does not have a specific list of unfair labour practices by management and unions, but several can be gleaned from the text based on employees, union and employer rights. For instance both management and labour are charged with bargaining in good faith, and management cannot make threats or promises during an organizing campaign or during collective bargaining negotiations. Both parties must follow the steps in the grievance procedure especially in terms of strikes and lockouts; members or the union cannot call a wildcat strike. 2. Explain three of the challenges facing the union movement in Canada today.(p. 307308) Three challenges facing the union movement today are global competition demographics and the unionization of white-collar employees. Unions have had to make concessions in order to keep jobs in Canada, but management has also had to make concessions to retain an aging skilled workforce. . Unionization of previously non-union white-collar workers such as service sector and public sector employees has created a new source of union members that has partly offset the decline of unionized workers in manufacturing. 3. Describe five signs to which managers should be alert to detect an organizing campaign. (p. 310) • disappearance of employee lists or directories. • more inquiries than usual about benefits, wages, promotions, and other HR policies and procedures. • questions about their opinions of unions. • an increase in the number or nature of employee complaints or grievances. • a change in the number, composition, and size of informal groups at lunch and coffee breaks. 4. Explain the bargaining zone and draw a diagram to illustrate this concept. (p. 315) Bargaining zone is the area defined by the bargaining limits (resistance points) of each side, in which compromise is possible, as is the attainment of a settlement satisfactory to both parties. In order for each issue on the table to be resolved satisfactorily, the point at which agreement is reached must be within limits of the bargaining zone that the union and employer are willing to accept. If the solution desired by one party exceeds the limits of the other party, then it is outside of the bargaining zone. Unless that party modifies its demands sufficiently to bring them within the bargaining zone, or the other party extends its limits to accommodate such demands, a bargaining deadlock is the inevitable result. 5. Explain six common forms of union security clause. (p. 320) Union security clause is the contract provisions protecting the interests of the labour union, dealing with the issue of membership requirements and, often, the payment of union dues. There are 6 forms of union security clauses: 1. Closed shop is the most restrictive form of union security. Only union members in good standing may be hired by the employer to perform bargaining unit work. This type of security clause is common in the construction industry. 2. Union shop – membership and dues payment are mandatory conditions of employment. Although individuals do not have to be union members at the time that they are hired, they are required to join the union on the day on which they commence work or on completion of probation. 3. Modified union shop – the individuals who were bargaining unit members at the time of certification or when the collective agreement was signed are not obliged to join the union, although they must pay dues, but all subsequently hired employees must do both. 4. Maintenance-of-membership arrangement – individuals voluntarily joining the union must remain members during the term of the contract. Membership withdrawal is typically permitted during a designated period around the time of contract expiration. Dues payment is generally mandatory for all bargaining unit members. 5. Rand formula is the most popular union security arrangement. It does not require union membership, but does require that all members of the bargaining unit pay union dues. It is a compromise arrangement that recognizes the fact that the union must represent all employees in the bargaining unit and should therefore be entitled to their financial support, but also provides the choice to join or not join the union. 6. Open shop is a type of security arrangement whereby union membership is voluntary and non-members are not required to pay dues. 5. Explain how arbitration differs from conciliation and mediation, and differentiate between interest arbitration and rights arbitration. (p.316-317, 319, 322) Conciliation is the use of a neutral third party to help an organization and the union representing a group of its employees to come to a mutually satisfactory collective agreement. The only means available to a conciliator to bring the parties to an agreement is through persuasion. The conciliator is not permitted to have any direct input into the negotiation process or to impose a settlement. Mediation is the use of a neutral third party to help an organization and the union to come to a collective agreement. A mediator role is active and is permitted to have direct input into the negotiation process but unable to impose a settlement. On the other hand, arbitration is the use of an outside third party to investigate a dispute between an employer and union and to impose a settlement. The arbitrator’s decision is final and binding and cannot be changed or revised. Interest arbitration is the position of the final terms of a collective agreement. They settle interest disputes regarding the terms of a collective agreement. This is legally mandated for workers who are not permitted to strike. Rights arbitration is the process involved in resolving grievances relating to the interpretation or administration of the collective agreement. (Pages 451 and 453) CRITICAL THINKING QUESTIONS (p. 325-326) 1. Discuss why Dofasco, a company that has remained union-free for many years, allowed the United Steelworkers access to its workers in Hamilton to try to sign them up as union members. In your opinion, why was this attempt by the union unsuccessful? Some students may not know anything about Dofasco or its history, so plan to give a brief overview including their tag line. “Our product is steel, our strength is people”. Information on this unusual situation can easily be found on the internet as it was published in the newspapers in 2008. Student responses may reflect the actual circumstances of the union withdrawal or not. Be prepared to discuss the facts as made public. 2. “If supervisors communicate effectively with employees, deal with their concerns, and treat them fairly, employees are far less likely to be interested in forming or joining a union.” Do you agree or disagree with this statement? Why? The work environment that is least conducive to unionization is one that is participative and where the company acknowledges the individual, and where managers understand their obligations to workers. Even the most experienced union organizer will find it difficult to organize a well-managed, successful organization. Firms in which supervisors ignore employee wellbeing and treat employees unfairly are more likely to support a union movement. Employees often aim to overcome their individual lack of power and improve their quality of work life by organizing a union and bargaining with the employer collectively. Additional evidence to support this statement can be found in numerous research studies. Key reasons for unionizing include: job dissatisfaction, especially with pay, benefits, and working conditions; lack of job security; unfair or biased administration of policies and practices; perceived inequities in pay; and lack of a desired amount of influence or participation in work related decisions. While supervisors do not determine the compensation package, they are responsible for planning labour needs, selecting employees, orienting and training employees, managing compensation, ensuring effective two-way communication, ensuring fair treatment, appraising performance fairly, handling complaints and grievances fairly, and ensuring compliance with human rights and occupational health and safety legislation. 3. Two possible approaches to labour relations are union acceptance and union avoidance. Determine which of these strategies seems to have been adopted in a firm in which you have been employed or with which you are familiar. Provide evidence to back up your answer. This question can be modified to ask them to interview someone who works in a unionized firm or a firm in which employees tried to form a union. Answering this question requires an understanding of the material on management’s labour relations strategy. Managers in firms choosing a union acceptance strategy view the union as the legitimate representative of the firm's employees. This strategy is likely to result in labour–management cooperation and a harmonious working relationship. Managers select a union avoidance strategy when they believe that it is preferable to operate in a non-unionized environment. There are two approaches that firms can adopt to avoid unionization – one proactive (union substitution) and the other employing hardball tactics (union suppression). Union substitution, also known as proactive HRM, involves being so responsive to employees' needs that there is no incentive to unionize. Managers ensure that the treatment employees receive, as well as their pay, benefits, and working conditions, are equal to or better than that in comparable unionized firms. Firms adopt a union suppression approach when there is a desire to avoid a union at all costs. "Hardball tactics,” which may or may not be legal, are employed to prevent a union from organizing the firm's employees or to get rid of an existing union. 4. As the LR specialist, what steps would you take in order to prepare the firm and management team if you believed that a strike was a possible outcome of the upcoming negotiations? It is important to identify what key areas under negotiations could lead to potential strike action, and prepare to address those issues with fairness. The management team needs to be prepared in terms of looking at the following areas: how well informed the union is in regards to the financial situation of the company. If the union believes the company is financially sound yet refuse a pay increase the strike action can be a possible outcome. The management team should look into the past relationship between the union and the management and grievances that have come up during the term of the agreement. These could give an insight to the kinds of issues the union wants addressed. The management team should identify skilled negotiators if they are expecting possible strike action. It’s important to advise management in regards to the legal environment – i.e. some provinces allow the use of temporary workers during strike action, which favours the employer in carrying out its businesses without the normal workforce, or whether the union is required to take a strike vote. 5.As the HR manager how would you handle a situation in which a supervisor has knowingly violated the collective agreement when scheduling overtime. The supervisor must be called to account for a deliberate violation of the collective agreement. They must be made aware that they do not have the flexibility of a non-union environment, and that such violations can result in grievances that can cost the company money (penalties and legal costs). This should be handled as a disciplinary offense with further violations subject to stronger penalties or termination. EXPERIENTIAL EXERCISES (p. 326) 1. Assume that you are the vice-president of HR at a relatively new non-union firm that has been experiencing rapid growth. In view of the management team’s desire to remain non-union, you have been asked to prepare a report to the other senior management team members, making specific recommendations regarding strategies that the firm should adopt to help to ensure that the employees will have no desire to unionize. Research studies have demonstrated that the desire to unionize results from a combination of worker dissatisfaction and the belief that collective action is the only means of changing the factors causing the dissatisfaction. Answers to this question should incorporate the various factors associated to workers’ desire to unionize. The material on union substitution provides strategies and guidelines for firms wishing to avoid unionization. 2. Working with two or three classmates, devise a management counter-campaign to a unionization attempt, ensuring that all recommended courses of action are legal. Absolutely critical to the success of a company's counter-campaign is the training of supervisors. They need to be informed about what they can and cannot do or say during the organizing campaign, to ensure that they do not violate LR legislation, and to avoid actions that might inadvertently provide fuel for the union's campaign. When an unfair labour practice is committed by any member of management, it can lead to an expensive and time-consuming lawsuit, and may result in automatic union certification. Even when management actions are legal, union leaders may claim credit for any new policies or practices that are favourable to employees. When planning a counter-campaign, data collection is essential. As much information about the union as possible should be obtained, pertaining to dues, strike record, salaries of officers, and any other relevant facts that might cause employees to question the benefits of unionization. Armed with this detailed information, communication strategies can be planned, with the aim of reminding employees about the company's good points, pointing out disadvantages of unionization, and refuting untrue union claims (if there are any). The employer's case for remaining non-union should be presented in a factual, honest, and straightforward manner. Answering questions is an important part of an effective counter-campaign. A good strategy is to set up an "information line" so that supervisors and employees can get quick answers to questions raised during the organizing campaign. Other communication strategies include preparing speeches outlining the benefits of remaining non-union, writing factual articles for the company newsletter, or preparing a letter to send to the home of each employee. Under the law, employers are granted the right to: express their views and opinions regarding unions in general and the organizing union in particular; state their position regarding the desirability of remaining non-union; prohibit distribution of union literature on their property on company time; increase wages, make promotions, and take other HR actions, as long as they would do so in the normal course of business; and assemble employees during working hours to state the company’s position, as long as employees are advised of the purpose of the meeting in advance, attendance is optional, and threats and promises are avoided. Employers must ensure that they do not: hold "captive audience" speeches, sessions at which employee attendance is mandatory; grill employees about union activities; increase wages and benefits in a manner that could be perceived to be a bribe for remaining non-union; use coercion, intimidation, threats, promises, or undue influence; or refuse to answer legitimate employee questions about the impact of unionization. The distinction between expressing one's views and exerting undue influence is not always clear, and many of the cases that come before the LRB pertaining to organizing campaigns revolve around this issue. When unfair practices are alleged, the LRB looks at all employer actions in the context of the employer's total response to the organizing campaign. Where there is evidence of strong anti-union propaganda, for example, what might ordinarily appear to be innocent language or actions could be viewed by the Board as less than benign. Employers must not only be cautious about what they say or do during an organizing campaign, but must also ensure that legitimate employee questions are dealt with in a proper manner. Failure to answer a question may be perceived as an implied threat to job security. 3. Obtain a copy of two collective agreements. Compare and contrast the following provisions: union recognition, management rights, union security, grievance procedures, and arbitration clauses. What do you think led to the differences? Which contract do you think in its entirety is better for employees? Why Students should easily be able to identify the various provisions as outlined and discuss knowledgably based on chapter information. In order to show students the similarities and differences between unions have them find a collective agreement that covers non-traditional union members (e.g. performing artists Equity agreement) and a more traditional trades-based collective agreement. They could also compare public versus private sector collective agreements. Responses should show an appreciation of the environment within which these contracts were negotiated and the industries in which the members are employed. 4. Read the following scenario and then, based on the role your team has been assigned by your instructor and the preparation time allowed, develop a negotiating strategy, including your bargaining zone that you think will enable you to reach a fair and reasonable outcome for all parties. Before coming to the bargaining table, pick a chief negotiator for your team. Negotiate a settlement. Scenario ABC manufacturing is a large multinational machinery and heavy equipment manufacturer. The last two years have been very difficult, with more competition coming from offshore companies whose labour costs are much lower than those in Canada. The company is losing money and is considering whether to lay off workers in one or more of its Canadian plants, perhaps opening a new plant in Mexico or somewhere else in Central America. The union contract is up and negotiations will begin soon. The purpose of this exercise is to give the students a brief “Taste” of the negotiation process. It takes about one hour to complete, although some negotiations go faster than others. Have students form groups of 4-5 and give them their “role’ assignment, making sure there are an equal number of groups. Remind students to develop a comprehensive strategy for their team and also to consider what the other side may come to the table with. Send one set of negotiators (either all management groups or all union groups) outside the room to work independently for about 15-20 minutes to develop their strategy and bargaining zone. While half of the class is out of the room set up the tables so that the teams can face each other across a table when they are all back in the room. Debrief: Did you come to an agreement that satisfied both interests? What was easy about this exercise? Difficult? What have you learned from this very brief exercise about union negotiations? 5. Research past issues of Canadian HR publications and find at least two labour arbitration awards, one that finds in favour of the organization and the other in favour of the union. Prepare a brief presentation on what you find fair/unfair in these settlements. Be prepared to discuss why you think this. There are a number of arbitration awards that have been reported. Student responses will reflect their values and experiences. Students should clearly identify the underlying unfair labour practice that was at the heart of the complaint and explain what the union or management could have done differently to avoid having to go to arbitration. PART SIX: GLOBAL ISSUES IN HUMAN RESOURCES MANAGEMENT CHAPTER 13 MANAGING HUMAN RESOURCES IN A GLOBAL BUSINESS REVIEW AND DISCUSSION QUESTIONS (p. 345) 1. Specifically, what are some of the uniquely international activities that an international HR manager typically engages in? (p. 332) From a practical point of view, an international HR manager has to address issues such as: • Candidate identification, assessment, and selection. In addition to the required technical and business skills, key traits to consider for global assignments include cultural sensitivity, interpersonal skills, and flexibility. • Cost projections. The average cost of sending an employee and family on an overseas assignment is reportedly between three and five times the employee’s pre-departure salary; as a result, quantifying total costs for a global assignment and deciding whether to use an expatriate or a local employee are essential in the budgeting process. • Assignment letters. The assignee’s specific job requirements and associated pay will have to be documented and formally communicated in an assignment letter. • Compensation, benefits, and tax programs. There are many ways in which to compensate employees who are transferred abroad, given the vast differences in living expenses around the world. Some common approaches to international pay include home-based plus a supplement and destination-based pay. • Relocation assistance. The assignee will probably have to be assisted with such matters as maintenance of the person’s home and automobiles, shipment and storage of household goods, and so forth. • Family support. Cultural orientation, language training, education assistance, and emergency provisions are just some of the matters to be addressed before the family is shipped abroad. That is just the tip of the iceberg. Cross-cultural, technical, and language training programs will probably be required. The complex and differentiated tapestry of labour laws and rules from country to country, and provisions for re-assimilating the expatriate when he or she returns home, are some of the other issues that must be addressed. 2. Explain three broad global HR challenges. (p. 331,333, 338) Three broad global challenges are: • Workforce mobility programs to manage recruitment, relocation, and retention of employees who complete work-related tasks and activities outside of the core or primary head office/region. • Reducing expatriate assignment failure and managing repatriation • Integrating immigrants and foreign workers into the Canadian labour market by overcoming experience barriers, education/training credential barriers, and literacy barriers. 3. Discuss the reasons why expatriate assignments fail and what is being done to reduce the failure rate. (p. 333-335) The students should cover the following points: • Poor selection of candidates • Poor support • Family resistance. Companies can help potential expats by: • Providing language and cultural training • Providing a “buddy” • Ensure the spouse will be supported and/or busy in the new environment • Provide realistic information about the assignment and the new location • Provide a return to home country protocol • Ensure required personal development opportunities are available 4. How does compensation of an expatriate differ from that of a home-office manager? How can some of the unique problems of compensating the expatriate's be avoided? (p. 336) While the base salaries may be similar, the total compensation of expatriates is often higher that home-office managers due to the need to cover differences in cost-of-living and to provide various allowances to the expatriate and their family. The balance sheet approach equalizes purchasing power across countries eliminating any perception of “more money for same job”. 5. Describe five actions that can be taken by expatriate managers in other countries to increase their personal safety. Suggestions that can be gleaned from the Web include: • take general training about travelling and living abroad, and specific information about the country or region they are going to • arrive at airports as close to departure time as possible and wait in areas where they are not easily observed • install security systems at home and on the car • vary departure and arrival times and take different routes to and from work • keep current on crime and other problems by regularly checking travel advisory services and consular information sheets • remain confident at all times 6. What are the three biggest obstacles to securing full employment of immigrants and foreign workers in Canada? How can these be managed? (p. 341-346) The three barriers to full employment of immigrants and foreign workers are lack of Canadian experience, lack of recognition for foreign credentials, and literacy issues in regards to the official languages of the new country. Solutions include: • educating employers, recruiters, and hiring managers in recognition and interpretation of skills from different countries • providing clear descriptions of required experience in job descriptions, and offering opportunities to demonstrate skills in simulated/field setting • using apprenticeships and providing opportunities to write certification examinations • partnering with industry-based assessment centres to develop bridging programs • using PLAR methods to assess skills and abilities acquired elsewhere • offering language training in English and/or French 7. Why is the issue of underemployment of foreign-trained persons important to Canadian employers? (p. 339-340) Immigrants are necessary to offset with an aging Canadian workforce and a talent shortage in many occupations. However, many immigrants cannot find positions in their field and end up in positions for which they are overqualified, and cannot use the knowledge and skills that helped them obtain entry into Canada. Helping them to move into more suitable positions by overcoming barriers (see Review Question # 6) can help organizations be more competitive on the global market. CRITICAL THINKING QUESTIONS (p. 345) 1. You are president of a small business. In what ways do you expect that being involved in an international business activity will affect HRM in your business? Being involved in international business activity will require that cultural, economic, labour cost, and industrial relations differences be taken into account. Depending on countries chosen from which to purchase goods and/or services and/or to which to supply goods and/or services, differences in these factors have the potential to affect virtually every aspect of HRM. If there is a decision to open a branch facility in another country, the following HRM issues will have to be addressed: international staffing policy; candidate identification, assessment, and selection; employee orientation and training; compensation and benefits; performance appraisal; international industrial relations; ensuring safety and fair treatment abroad; and perhaps repatriation issues. 2. A firm is about to send its first employees overseas to staff a new subsidiary. The president asks why such assignments fail, and what can be done to avoid such failures. Write a memo in response to these questions. In a recent survey, the reasons reported for expatriate failure differed between the U.S., European, and Japanese multinationals. For American multinationals, the reasons in descending order of importance included inability of spouse to adjust, managers' inability to adjust, other family problems, managers' personal or emotional immaturity, and inability to cope with larger overseas responsibility. Managers of European firms emphasized only the inability of the manager's spouse to adjust as an explanation for the expatriate's failed assignment. Japanese firms emphasized (in descending order) inability to cope with larger overseas responsibility, difficulties with new assignment, personal or emotional problems, lack of technical competence, and finally, inability of spouse to adjust. Factors identified by Canadian firms as important to expatriate success include flexibility, language ability, and family adjustment. These findings underscore a truism regarding selection for international assignments, namely that it is usually not inadequate technical competence but family and personal problems that undermine the international assignee. Thus, to avoid such failures, international managers should be screened for traits that predict success in adapting to what may be dramatically new environments. A list of such expatriate selection traits would include: job knowledge and motivation; relational skills; flexibility/adaptability; extra cultural openness; and family situation. The most important of these is family situation. Adaptability screening is generally recommended as an integral part of the expatriate selection process. A realistic job preview should be provided, as well as extensive orientation and training. 3. What can an organization do to ensure that the skills acquired on an international assignment are utilized when an employee returns to his or her home country? Refer to page 338-339 which lists a number of steps that can be taken by multinationals to avoid many of the repatriation problems. Regarding the use of skills acquired on an international assignment, there are a number of ways that an organization can use them. Depending on the structure of the organization, the returning employee can be assigned to the geographical department to support/supervise the overseas area that he or she has just left; some line positions can be reserved with a prerequisite of overseas experience; similarly promotions to some or all senior positions can require foreign experience. Returning employees can also provide significant contributions in training and mentoring roles. 4. How would you assess the credential of foreign-trained persons? What agencies are available for you to contact? Prior learning assessment and recognition (PLAR) methods can be used to assess foreign credentials because they standardize skills and abilities. Agencies would include Human Resource Skills Development Canada (HRSDC) as well as local immigrant support groups and local colleges and universities. They may also be organizations who specialize in the assessment and interpretation of foreign credentials. Several province have formal credential evaluation processes in place. 5. What obstacles to successful integration of global talent do you think exist in your company? What solutions can you recommend to overcome these obstacles? Answers to this question will depend on the students’ familiarity with what has taken place in the past and with current practices. Some students may have little to no knowledge in this area but can instead contact a local company or immigrant support group. 1. Cultural Differences: One significant obstacle to successful integration of global talent is cultural differences. Different cultural norms, communication styles, and work approaches can lead to misunderstandings and inefficiencies in teamwork and collaboration. 2. Language Barriers: Language barriers can hinder effective communication and collaboration among global teams. Misinterpretations and language-based misunderstandings may arise, impacting productivity and cohesion. 3. Time Zone Variance: Working across different time zones can pose challenges in scheduling meetings, coordinating project tasks, and maintaining real-time communication. This can lead to delays in decision-making and project progress. 4. Legal and Regulatory Compliance: Compliance with diverse legal and regulatory frameworks across different countries can be complex and demanding. Understanding and adhering to employment laws, immigration regulations, and tax requirements in multiple jurisdictions can pose significant challenges. Recommendations to Overcome These Obstacles: 1. Cross-Cultural Training: Provide comprehensive cross-cultural training to all employees to increase awareness and understanding of diverse cultural perspectives, norms, and communication styles. Encourage cultural sensitivity and inclusivity in all interactions. 2. Language Training and Support: Offer language training programs and language proficiency assessments to employees working in global teams. Implement communication tools and platforms that support multilingual communication and translation services. 3. Flexible Work Arrangements: Implement flexible work arrangements and scheduling options to accommodate employees in different time zones. Utilize asynchronous communication methods and project management tools that facilitate collaboration across diverse time zones. 4. Global HR Policies and Support: Develop standardized global HR policies and procedures that align with local legal requirements while promoting consistency and fairness across all locations. Provide dedicated HR support and resources to assist employees with immigration, tax, and other compliance-related issues. 5. Diversity and Inclusion Initiatives: Foster a culture of diversity and inclusion within the organization by actively promoting diverse perspectives, experiences, and backgrounds. Establish employee resource groups and mentorship programs to support the integration and professional development of global talent. By addressing these obstacles through proactive measures and supportive initiatives, [Your Company] can enhance the successful integration of global talent, fostering collaboration, innovation, and productivity across diverse teams and geographies. EXPERIENTIAL EXERCISES (p. 346) 1. Choose three traits that are useful for selecting international assignees, and create a straightforward test (not one that uses pencil and paper) to screen candidates for these traits. The most important trait is family willingness to support the international posting, but this is more effectively assessed through interviews than paper and pencil testing. The traits for which screening tests are to be devised should be extra cultural openness, flexibility/adaptability, and relational skills. There are numerous types of tests that would be appropriate, including work sampling, a leaderless group discussion, some type of management game, an individual presentation, and a role-play or simulation exercise, all of which should involve some sort of cross-cultural situation (e.g. business etiquette situation, business negotiation situation, family problem). Employee biographies can also provide evidence of interest in international travel and language abilities. 2. Describe the most common approach to formulating expatriate pay. Use a library source to determine the relative cost of living in five countries this year, and explain the implications of such differences for drafting a pay plan for managers being sent to each country. The most common approach to formulating expatriate pay is to equalize purchasing power across countries, a technique known as the balance sheet approach. The basic idea is that each expatriate should enjoy the same standard of living he or she would have had at home. With the balance sheet approach, four main home-country groups of expenses – income taxes, housing, goods and services, and reserve – are the focus of attention. The employer estimates what each of these four expenses is for the expatriate's home country, and also what each is expected to be in the expatriate's host country. Any differences are then paid by the employer. In practice, this usually boils down to building the expatriate's total compensation around five or six separate components. For example, base salary will normally be in the same range as the manager's home-country salary. In addition, however, there might be an overseas or foreign service premium. This is paid as a percentage of the executive's base salary, in part to compensate the manager for the cultural and physical adjustments he or she will have to make. There may also be several allowances, including a housing allowance and an education allowance for the expatriate's children. Income taxes represent another area of concern. In many cases a Canadian manager posted abroad may have to pay not only Canadian taxes, but income taxes to the country to which he or she is posted as well. Answers to this question will vary depending on the particular countries researched. The most common approach to formulating expatriate pay is the "balance sheet" approach. This method aims to ensure that expatriates maintain their standard of living while working abroad by equalizing purchasing power across different locations. The balance sheet approach typically consists of four main components: 1. Base Salary: The base salary is determined based on the employee's home country salary, adjusted for cost-of-living differences and tax equalization. 2. Allowances: Various allowances may be provided to cover additional expenses incurred while living abroad, such as housing, cost-of-living differentials, education for dependents, and hardship or location premiums. 3. Benefits: Expatriates may continue to receive benefits from their home country, such as health insurance, retirement contributions, and vacation time, or they may be provided with comparable benefits in the host country. 4. Tax Equalization: To ensure that expatriates are not disadvantaged by differences in tax systems between home and host countries, tax equalization ensures that they pay a similar amount of taxes as they would in their home country. To determine the relative cost of living in five countries, library sources such as international databases, government publications, or reputable cost-of-living surveys can be utilized. These sources provide information on factors such as housing, transportation, food, healthcare, and other expenses, allowing for a comparison of living expenses across different countries. Once the cost of living in each country is determined, implications for drafting a pay plan for managers being sent to each country become evident: 1. High-Cost Locations: Countries with a high cost of living, such as Switzerland or Singapore, may require higher base salaries and additional allowances to maintain the standard of living for expatriates. Housing and education allowances may be particularly significant in these locations. 2. Low-Cost Locations: Conversely, countries with a lower cost of living, such as Thailand or Malaysia, may require lower base salaries and fewer allowances. However, it's essential to consider factors such as quality of life, safety, and access to amenities when determining compensation packages for these locations. 3. Currency Exchange Rates: Fluctuations in currency exchange rates can impact the purchasing power of expatriates' salaries. It's crucial to consider exchange rate risks and potential adjustments to compensation packages to mitigate the effects of currency fluctuations. 4. Local Market Conditions: Beyond the cost of living, factors such as local market conditions, demand for specific skills, and cultural differences may also influence expatriate pay packages. Flexibility and adaptability in pay plans are essential to address these nuances effectively. By carefully considering the relative cost of living in each country and understanding the implications for expatriate pay, organizations can develop comprehensive and equitable compensation packages that attract and retain top talent while ensuring the financial well-being of their expatriate employees. 3. Either in pairs or groups of four or five, develop an outline for an initial four-hour cross-cultural training program. What training resources, tools, and processes might you use? Be prepared to give a rationale for your program. The purpose of this exercise is for students to develop an appreciation for the complexities involved in designing and developing a time limited cross cultural training program and selecting those topics that should be dealt with first. This exercise will take about 1 hour and 15 minutes to complete. The plans will vary by group. Developing an outline for an initial four-hour cross-cultural training program requires careful consideration of objectives, content, resources, tools, and processes. Here's an outline along with rationale for each component: 1. Introduction to Cross-Cultural Awareness (30 minutes) • Objectives: Introduce participants to the importance of cross-cultural competence in today's globalized world. • Content: Discuss the impact of cultural differences on communication, relationships, and business interactions. • Tools/Resources: Presentation slides, case studies, and interactive activities to explore cultural dimensions and differences. 2. Cultural Competence Framework (1 hour) • Objectives: Provide participants with a framework for understanding cultural differences and developing cultural competence. • Content: Introduce models such as Hofstede's cultural dimensions, Trompenaars' cultural dimensions, or the Cultural Intelligence (CQ) framework. • Tools/Resources: Handouts or visual aids illustrating cultural dimensions, group discussions, and self-assessment quizzes to identify personal cultural preferences. 3. Effective Communication Across Cultures (1 hour) • Objectives: Enhance participants' communication skills in cross-cultural contexts. • Content: Explore verbal and non-verbal communication differences, active listening techniques, and strategies for overcoming communication barriers. • Tools/Resources: Role-playing scenarios, video clips demonstrating cultural misunderstandings, and communication style assessments. 4. Managing Cross-Cultural Conflict (1 hour) • Objectives: Equip participants with strategies for navigating and resolving conflicts in multicultural environments. • Content: Discuss cultural influences on conflict styles, negotiation techniques, and approaches to resolving cultural misunderstandings. • Tools/Resources: Case studies depicting cross-cultural conflicts, group discussions, and conflict resolution exercises. Rationale: • Introduction: Setting the stage with an introduction helps participants understand the relevance and importance of cross-cultural competence in today's globalized workplace, fostering motivation and engagement. • Cultural Competence Framework: Providing participants with a framework helps them make sense of cultural differences and develop a mindset of cultural curiosity and sensitivity. • Effective Communication: Communication is fundamental in cross-cultural interactions. Enhancing communication skills empowers participants to build rapport, foster understanding, and minimize misunderstandings. • Managing Cross-Cultural Conflict: Conflict is inevitable in multicultural settings. Equipping participants with conflict resolution skills helps promote collaboration, teamwork, and mutual respect across cultural boundaries. By incorporating a variety of interactive tools, resources, and processes, this cross-cultural training program aims to engage participants, enhance their awareness and understanding of cultural differences, and equip them with practical skills for effective communication and collaboration in diverse work environments. 4. Check online and find at least two websites that deal with or otherwise discuss the expatriate experience, and note the concerns and suggestions expressed. Compare these to the text discussion. How do the actual expatriate experiences you found influence your current attitude towards working overseas? What are your major concerns? What excites you? The purpose of this exercise is for students to gain some real life insights into the expatriate experience and start to formulate their own perspective on working as an expatriate. The exercise will take about 15–20 minutes of research and personal reflection time and another 10–15 minutes for in class debrief about personal insights and questions raised. Solution Manual for Management of Human Resources: The Essentials Nina D. Cole, Gary Dessler, Nita Chhinzer 9780132114905, 9780133807332, 9780134305066
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