Module 6 ResponseOrder DescriptionDifference Between Performance Appraisal and Conditions of EmploymentPerformance appraisal is the process of evaluating an employees performance while conditions of employment are the conditions an employer and employee agree upon for a job. Although they differ, performance appraisal can become relational to the conditions of employment when handing employee and employer relations, such as promotions and dismissals. Conditions of employment are the employer and employee relationship that is agreed upon by mutual parties. There are a number of concepts that regulate this relationship to include legislative rights and responsibilities along with implied and written contracts. Employee rights include those statutory rights, which include agencies such as the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board, and the Occupational Safety Health Administration (OSHA) (Flynn et al., 2016). These are the rights that provide employees a safe workplace environment free of discrimination or retaliation from an employer. Employer prerogatives are the natural rights that allow employers to manage their employees and may be subject to negotiations in hiring, promotions, and/or dismissals, which follow due process. Employment-at-will, employment contracts, discharge letters, discipline processes, and inclusive, performance appraisals can have legal implications when hiring, promoting, or discharging employees. These rights and prerogatives have effects not only on the employer and employee relationship but can lead for legal considerations to both parties. Thus it is vital that clear understanding of these rights and sanctions by both the employee and employer are ensured in order to promote job satisfaction and prevent hostile working relationships.
Labor Union Relationship Challenges for Nursing AdministratorsThe relationship nursing administrations have with labor unions is based on the employers philosophy (Flynn et al., 2016). Despite the employers philosophy, either it promoting an adversarial or collaborative relationship, there are legal frameworks that challenge the union-management relations. It is important that nursing administration and managers become very familiar with these legal matters in order to promote agreement between employees and their employer. For example, under the Taft-Hartley Act, the Federal Mediation and Conciliation Service (FMCS) must be notified of contract renewals or modification within 90 days before the contract expires (Flynn et al., 2016). In addition, national emergency strike provisions, union participation arrangements, and federal government engagement laws are influences to the labor union and nursing administration relation. There are various provisions and implications that are unique to the healthcare industry. Therefore, it is vital that administration become familiar with these laws in order to best handle the relationship between labor unions and the healthcare industry. Ultimately the common goal between unions and nursing administration and management is that they sough to promote public health and well being through democratic collective bargaining contracts (Hagedorn, Paras, Greenwich, & Hagopian, 2016). One of the major challenges that unions have in reference to nursing, which I can perceive, is ensuring effective staffing. Considering that there is such a shortage in the workforce this can be one of the many relational problems. Lawless (2015) identifies that union representation can help organizations in promoting effective staffing to deliver efficient and effective patient care. Union representation can bring to light a shared agenda thus facilitating collective bargaining in order to develop effective patient-staff ratios.
Employee, Administration, and Organizers Roles in Unionization ProcessUnions will usually organize if the relationship between the employees and managers is negative (Flynn et al., 2016). So the role of the administration and managers in this process is to promote a positive work relationship in order to prevent the formation if unionization, if that is the goal of the organization. The organization role acts as an active role in developing practical policies and practices that promote a positive work environment for its employees. Employees are the ones that take the active role of organizing a campaign to unionize. Employees must first meet to air concerns about unionization, and then if enough interest is attained, authorization cards must be signed by at least 30% of the organizations employees (Flynn et al., 2016). Once employees organize workers into forming a union, management takes a more active role in reviewing and contesting the unionization. The administrators must ensure that the organized group is following the National Labor Relations Board (NLRB) rules and the group is part of an appropriate bargaining group (Flynn et al., 2016). It is important to note that supervisors of any organization cannot be considered part of the bargaining units for unionization purposes. Organizations are responsible in ensuring that administration and management is well informed about the NLRB rules and regulatory practices.
Relationship Between Administrative Practices and Employee Organizing PotentialOrganizational administration and management practices cannot interfere with, restrain, or coerce employees in exercising their right to organize or bargain collectively (Flynn et al., 2016; FLRA, 2016). There are a number of unfair labor practices for both management and unions, which are established by the NLRB to ensure the stated doesnt happen. Although they cant interfere with their organization, they can legally discuss certain actions during a campaign once the NLRB has authorized to do so. Flynn et al. (2016) discusses the dos and donts of organization practices which influence employees unionization potential and include discussions about wages, disadvantages of having a union, and distribution of union literature during work hours. Ultimately the biggest relation administrative a practice has to employees organization potential is through the promotion of a positive work environment. Understanding the various challenges and roles of unionization can help promote positive outcomes for both the employees and employers during such collective bargaining.
ReferencesFlynn, W. J., Mathis, R. L., Jackson, J. H., & Valentine, S. R. (2016). Healthcare human resource management (3rd ed.). Boston, MA: Cengage Learning.Hagedorn, J., Paras, C. A., Greenwich, H., & Hagopian, A. (2016). THe role of labor unions in creating working conditions that promote public health. American Journal of Public Health, 106(6), 989-995.Lawless, J. (2015). How can unions help achieve effective staffing?. Nursing New Zealand (Wellington, N.Z.: 1995), 21(3), 39-41.U.S. Federal Labor Relations Authority (FLRA). (2016). Unfair labor practice. Retrieved September 28, 2016, from https://www.flra.gov/cases/unfair-labor-practicePost 2:Authors name is ClaudiaDifferentiate between performance appraisal and conditions of employment to include concepts of employee rights and employer prerogatives.As discussed in the previous module, Performance appraisal is the process of evaluating the employee, current performance and comparing that, with what the employee is supposed to be doing according to his or her job description. Then the supervisor can determine the performance level (Flynn, Jackson, Mathis, & Valentine, 2016, p. 106). Performance appraisal is a tool that can help managers determine compensation pay, provide feedback, as well as mapping future education needed by the employee and therefore, help with development. Performance appraisal serves again to evaluate the employee and make a decision of the employee is meeting expectations and decide if the employee needs a promotion, retention or make a decision for dismissal (Boswell & Boudreau, 2000).On the other hand, the organizations keep a relationship with the employee and offer conditions of employment following closely the HR policies and adhering to the mandated state and federal laws. With the relationship, come rights and responsibilities for the employee and the organization. Upon employment, the employee obtains employee rights also called statutory rights. These rights include protection from discrimination under the Equal Employment Opportunity (EEO), right to voice health and safety concerns to Occupational Safety and Health Administration (OSHA); get paid according to the Wage and hour law (FLSA); participate in the workers compensation program (Flynn, Jackson, Mathis, & Valentine, 2016 pg. 248). These organizations can serve as an arbitrary between employee and the organization and clarify any issues they may have.In contrast, the employers also have contractual rights where the company can give employment contracts where it will include compensation, benefits, and retirement benefits. Other contractual rights also include separation agreements, retention agreements, training contracts as well as has the right to perform drug testing. Retention agreements are very common nowadays since the organization wants to keep key employees providing cash bonus, so they stay with the organizations during times of change (Flynn, Jackson, Mathis, & Valentine, 2016, p. 250). During my research, it caught my attentions to find out how different organizations nowadays include these contracts in their employment applications. Landry and Hardy (2008), describe how employment contracts contain a condition to employment and it is a take it or leave it and the employee has little to no bargaining power. It is sad because the new employee if it has not much choice, he or she will have no say in selecting the job.Discuss labor relations challenges for nursing administrators/ managers.Keeping good labor relations is challenging for administrator and managers. When there is not a positive work environment, there is a negative relationship between the employee and management and the employee think is not being respected, is being taken advantage of, they may start to believe that being part of the union is beneficial so that he or she can be represented and voice the problems. When the employee starts to express issues such as staffing, nurse to patient ratios, and compensation the managers responsibility is to listen and address the problem otherwise these are labor relations topics that the Union will use to start to form a group and introduce the union to that organization. Managers have the opportunity to interact daily with employees and are responsible for creating a positive environment, if they dont, the employees will look for union representation. Upper management may have a collaborative relation with unions or choose an aggressive path, but either way, management, and union need to address mutual interest adhering to the three Acts passed related to labor laws and the relationship between unions and management.The first act was National Labor Relations Act passed on 1935 which encouraged collective bargaining giving the right to employees to organize without management interference. The second act Labor Management Relations Act passed on 1947 which was considered promanagement. The third act being the Labor-Management Reporting and Disclosure Act also known as Landrum-Griffin Act passed in 1959 which ensured that federal government continues to give union members the freedom, protecting the democratic process (Flynn, Jackson, Mathis, & Valentine, 2016, p. 281).Describe the roles of employees, administration/mgt, and organizers in unionization processThe unionization process occurs when employees are not happy with management. If management does not perform their role which is to provide a positive environment, then employees are going to organize, and if there is a majority of employees wanting a union representation, then union start organizing to bargain collectively for the employees rights with such employer. Employees facing issues for example discrimination, unsafe working conditions, bullying in the workplace, feeling overworked and undervalued, etc., may reach out to management and if management does nothing to correct the issue, the employee can seek the help of the union. Once the issue is in the hands of the union, management, and the union work closely to settle the issue and resolve before it cost too much money to the organization (Flynn, Jackson, Mathis, & Valentine, 2016 pg 283). However, Malvey (2010) describes that unionizing has not increased in the last few years because management has been educated in preventive labor relations and how to maintain the employees happy, as well as learned things that can be done to prevent employees from having the desire to have a union in their workplace.Discuss the relationship between organizational (administrative/mgt) practices and employee organizing potential.I think that there will always be room for employee organizational potential. With the shortage of nurses, there will always be unhappy employees who are complaining at all times instead of coming up with solutions to run the units better. According to Xu, Bei, and Min (2014), the voice behavior by these employees prevents recommendations to resolve these efficiency problems in the organization. Also, if there is ineffective management that does not listen to employees concerns, and does not allow for employees to voice their concerns to upper management, it is another reason for employees to feel like unionizing.The efficiency of management is the determinant if the employees feel the need to organize into the union, or not. Therefore it is of great importance that managers empower employees by organizing shared governance committees, and providing opportunities to voice their concerns in open forums and act on it, resolving the issues so the employees can feel appreciated and heard, and feel there is no need for the union in their workplace.ReferencesBoswell, W. R., & Boudreau, J. W. (2002). Separating the developmental and evaluative performance appraisal uses. Journal of Business and Psychology, 16, 391-412Flynn, W.J., Jackson, J.H., Mathis, R.L., & Valentine, S.R. (2016). Healthcare human resource management (3rd ed.). Boston, MA:Cengage Learning.Landry III, R. J., & Hardy, B. (2008). MANDATORY PRE-EMPLOYMENT ARBITRATION AGREEMENTS: THE SCATTERING, SMOTHERING AND COVERING OF EMPLOYEE RIGHTS.University Of Florida Journal Of Law & Public Policy, 19(3), 479-496.Malvey, D. (2010). Unionization in Healthcare Strategies. Journal Of Healthcare Management, 55(4), 236-240.XU, Z., BEI, H., & MIN, Q. (2014). JOB SATISFACTION AS A MEDIATOR IN THE RELATIONSHIP BETWEEN PERFORMANCE APPRAISAL AND VOICE BEHAVIOR. Social Behavior & Personality: An International Journal, 42(8), 1315-1323.
Post 3:Authors name is MichelleDifferentiate between performance appraisal and conditions of employment to include concepts of employee rights and employer prerogatives.As discussed in the previous module, Performance appraisal is the process of evaluating the employee, current performance and comparing that, with what the employee is supposed to be doing according to his or her job description. Then the supervisor can determine the performance level (Flynn, Jackson, Mathis, & Valentine, 2016, p. 106). Performance appraisal is a tool that can help managers determine compensation pay, provide feedback, as well as mapping future education needed by the employee and therefore, help with development. Performance appraisal serves again to evaluate the employee and make a decision of the employee is meeting expectations and decide if the employee needs a promotion, retention or make a decision for dismissal (Boswell & Boudreau, 2000).On the other hand, the organizations keep a relationship with the employee and offer conditions of employment following closely the HR policies and adhering to the mandated state and federal laws. With the relationship, come rights and responsibilities for the employee and the organization. Upon employment, the employee obtains employee rights also called statutory rights. These rights include protection from discrimination under the Equal Employment Opportunity (EEO), right to voice health and safety concerns to Occupational Safety and Health Administration (OSHA); get paid according to the Wage and hour law (FLSA); participate in the workers compensation program (Flynn, Jackson, Mathis, & Valentine, 2016 pg. 248). These organizations can serve as an arbitrary between employee and the organization and clarify any issues they may have.In contrast, the employers also have contractual rights where the company can give employment contracts where it will include compensation, benefits, and retirement benefits. Other contractual rights also include separation agreements, retention agreements, training contracts as well as has the right to perform drug testing. Retention agreements are very common nowadays since the organization wants to keep key employees providing cash bonus, so they stay with the organizations during times of change (Flynn, Jackson, Mathis, & Valentine, 2016, p. 250). During my research, it caught my attentions to find out how different organizations nowadays include these contracts in their employment applications. Landry and Hardy (2008), describe how employment contracts contain a condition to employment and it is a take it or leave it and the employee has little to no bargaining power. It is sad because the new employee if it has not much choice, he or she will have no say in selecting the job.Discuss labor relations challenges for nursing administrators/ managers.Keeping good labor relations is challenging for administrator and managers. When there is not a positive work environment, there is a negative relationship between the employee and management and the employee think is not being respected, is being taken advantage of, they may start to believe that being part of the union is beneficial so that he or she can be represented and voice the problems. When the employee starts to express issues such as staffing, nurse to patient ratios, and compensation the managers responsibility is to listen and address the problem otherwise these are labor relations topics that the Union will use to start to form a group and introduce the union to that organization. Managers have the opportunity to interact daily with employees and are responsible for creating a positive environment, if they dont, the employees will look for union representation. Upper management may have a collaborative relation with unions or choose an aggressive path, but either way, management, and union need to address mutual interest adhering to the three Acts passed related to labor laws and the relationship between unions and management.The first act was National Labor Relations Act passed on 1935 which encouraged collective bargaining giving the right to employees to organize without management interference. The second act Labor Management Relations Act passed on 1947 which was considered promanagement. The third act being the Labor-Management Reporting and Disclosure Act also known as Landrum-Griffin Act passed in 1959 which ensured that federal government continues to give union members the freedom, protecting the democratic process (Flynn, Jackson, Mathis, & Valentine, 2016, p. 281).Describe the roles of employees, administration/mgt, and organizers in unionization processThe unionization process occurs when employees are not happy with management. If management does not perform their role which is to provide a positive environment, then employees are going to organize, and if there is a majority of employees wanting a union representation, then union start organizing to bargain collectively for the employees rights with such employer. Employees facing issues for example discrimination, unsafe working conditions, bullying in the workplace, feeling overworked and undervalued, etc., may reach out to management and if management does nothing to correct the issue, the employee can seek the help of the union. Once the issue is in the hands of the union, management, and the union work closely to settle the issue and resolve before it cost too much money to the organization (Flynn, Jackson, Mathis, & Valentine, 2016 pg 283). However, Malvey (2010) describes that unionizing has not increased in the last few years because management has been educated in preventive labor relations and how to maintain the employees happy, as well as learned things that can be done to prevent employees from having the desire to have a union in their workplace.Discuss the relationship between organizational (administrative/mgt) practices and employee organizing potential.I think that there will always be room for employee organizational potential. With the shortage of nurses, there will always be unhappy employees who are complaining at all times instead of coming up with solutions to run the units better. According to Xu, Bei, and Min (2014), the voice behavior by these employees prevents recommendations to resolve these efficiency problems in the organization. Also, if there is ineffective management that does not listen to employees concerns, and does not allow for employees to voice their concerns to upper management, it is another reason for employees to feel like unionizing.The efficiency of management is the determinant if the employees feel the need to organize into the union, or not. Therefore it is of great importance that managers empower employees by organizing shared governance committees, and providing opportunities to voice their concerns in open forums and act on it, resolving the issues so the employees can feel appreciated and heard, and feel there is no need for the union in their workplace.ReferencesBoswell, W. R., & Boudreau, J. W. (2002). Separating the developmental and evaluative performance appraisal uses. Journal of Business and Psychology, 16, 391-412Flynn, W.J., Jackson, J.H., Mathis, R.L., & Valentine, S.R. (2016). Healthcare human resource management (3rd ed.). Boston, MA:Cengage Learning.Landry III, R. J., & Hardy, B. (2008). MANDATORY PRE-EMPLOYMENT ARBITRATION AGREEMENTS: THE SCATTERING, SMOTHERING AND COVERING OF EMPLOYEE RIGHTS.University Of Florida Journal Of Law & Public Policy, 19(3), 479-496.Malvey, D. (2010). Unionization in Healthcare Strategies. Journal Of Healthcare Management, 55(4), 236-240.XU, Z., BEI, H., & MIN, Q. (2014). JOB SATISFACTION AS A MEDIATOR IN THE RELATIONSHIP BETWEEN PERFORMANCE APPRAISAL AND VOICE BEHAVIOR. Social Behavior & Personality: An International Journal, 42(8), 1315-1323.