FREE ESSAY ON EMPLOYMENT RELATIONS

EMPLOYMENT RELATIONS

EMPLOYMENT RELATIONS ACT 1999
The following are the main provisions in the Act.
TRADE UNION RECOGNITION - The new legislation will allow Trade Unions to seek collective
bargaining rights with employers in certain circumstances. Independent trade unions can
exist in organisation's employing 21 or more workers, if that is the wish of a majority
of the workforce.
The procedure seeks to encourage voluntary agreements where possible. However sometimes
Trade Unions and Employees cannot reach an agreement, in these cases the decision will be
taken by the Central Arbitration Committee (CAC), which will decide the appropriate
bargaining unit and whether the union should be recognised. Also, if it finds it
necessary it can impose a legally - binding procedure for bargaining about pay, hours and
holidays.
ACAS CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES - On 4th September 2000,
ACAS (Advisory conciliation and Arbitration Service) published its revised Code of
Practice. Included in the new code is the statutory right of an employee to be
accompanied by a fellow worker or a TU representative at disciplinary and grievance
hearings. 
The right applies only to those hearings, which deal with serious matters,
such as disciplinary matters. ( e.g. Hearings resulting in a warning or some other action
against the worker) In the case of grievances, the right applies in hearings concerned
with the performance of a statutory, contractual or other duty by the
employer in relation to the worker. Individuals who seek to be accompanied or who seek to
accompany another worker will also be protected against victimisation for doing so.
TIME OFF FOR DEPENDENTS - All employees will have the right to take a reasonable period
of time off work to deal with an emergency involving a dependant. 
PARENTAL LEAVE DIRECTIVE - This provides a right to parents of up to 13 weeks unpaid
leave to individuals who meet the conditions within the regulations. 
THE MATERNITY LEAVE REGULATIONS - Leave will increase to 18 weeks and the qualifying
service for additional maternity leave will reduce from two years to one year. 
PART TIME WORK REGULATIONS - New regulations come into force for the purpose of ensuring
that persons in part time employment are treated no less favourably than those in full
time employment. 
The national minimum wage 
This came into force on 1 April 1999 throughout the UK. In most cases workers aged 22 or
over will receive at least ?3.60 per hour (?3.70 per hour from 1st October 2000), workers
aged 18-21 will receive ?3.20 per hour (from 1st June 2000). 
The public interest disclosure act 
This came into force on 2 July 1999 and protects workers against detriments or dismissal
for raising concerns or disclosing information about matters in the public interest. 
Unfair dismissal rights 
Since 1 June 1999 qualifying service for unfair dismissal has reduced from two years to
one year. 
From October 1999 the maximum compensation for unfair dismissal increased from ?12,000 to
?50,000 in most of unfair dismissal claims. 
Working time regulations 
These, provide new basic rights and protection for many workers, ensuring they do not
have to work excessive hours and in addition give rights to four weeks paid holiday
entitlement. 
Trade Union Recognition and Individual Representation rights on disciplinary and
grievance procedures are the two areas that create the most challenging implications for
an organization's operating levels. (Management, Trade Unions, employers)
Implications for Management
Management should from now on, pay more attention on the way it is dealing with employee
relationships, as procedures are stricter than ever. Probably the hardest task will be
implementing the changes imposed by the new Act. Management should also focus on creating
a standardised approach towards employee relationships, thus creating a harmonized and
unified structure within the organisation. Furthermore, the management must decide the
boundaries that should be set in order to achieve objective judgments in exceptional
cases as well as the measures that will allow all relevant procedures to be controlled. 
Harvard Business school 1984 stated that employees were a 'major stakeholder' and that
'It is critical that managers design and administer various mechanisms for employee
influence' (Beer et al 1984)
Looking at the case more deeply, the role of management is one of seeking to reconcile
the inevitable conflicts that either result from poor communications or from people
seeking to further their own interests. 
Implications for Trade Unions
Implications for Employees
Trade Union Recognition and Individual Representation rights on USA
According to USA law, each employee has the right to form, join, or assist any labor
organization (Trade Union), or to refrain from any such activity, freely and without fear
of penalty or reprisal, and each employee shall be protected in the exercise of such
right. Those rights include acting for a labor organization in the capacity of a
representative and the right, in that capacity, to present the views of the labor
organization to heads of officials, the Congress, or other appropriate authorities, and
also to engage in collective bargaining with respect to conditions of employment through
representatives chosen by employees.
Nothing shall preclude any organisation and any Trade Union from negotiating 
(1) at the election of the agency, on the numbers, types, and grades of employees or
positions assigned to any organizational subdivision, work project, or tour of duty, or
on the technology, methods, and means of performing work; 
(2) procedures which management officials of the agency will observe in exercising any
authority under this section; or 
(3) appropriate arrangements for employees adversely affected by the exercise of any
authority such as management officials.
An organisation shall accord exclusive recognition to a Trade Union if the Trade Union
has been selected as the representative, in a secret ballot election, by a majority of
the employees in an appropriate unit who cast valid ballots in the election. 
The Authority shall determine the appropriateness of any unit. The Authority shall
determine in each case whether, in order to ensure employees the fullest freedom in
exercising the rights the appropriate unit should be established on an agency, plant,
installation, functional, or other basis and shall determine any unit to be an
appropriate unit only if the determination will ensure a clear and identifiable community
of interest among the employees in the unit and will promote effective dealings with, and
efficiency of the operations of the organisation involved.
http://www.flra.gov/statutes/fslmrs/fslmrs.html Create Date: Oct-12-00 13:39
A Trade Union which has been accorded exclusive recognition is the exclusive
representative of the employees in the unit it represents and is entitled to act for, and
negotiate collective bargaining agreements covering, all employees in the unit. An
exclusive representative is responsible for representing the interests of all employees
in the unit it represents without discrimination and without regard to labor organization
membership. 
An exclusive representative of an appropriate unit in an agency shall be given the
opportunity to be represented at any formal discussion between one or more
representatives of the management and one or more employees in the unit or their
representatives concerning any grievance or any personnel policy or practices or other
general condition of employment; or any examination of an employee in the unit by a
representative of the agency in connection with an investigation if the employee
reasonably believes that the examination may result in disciplinary action against the
employee and the employee requests representation. 
Any management official and any exclusive representative in any appropriate unit in the
organisation, through appropriate representatives, shall meet and negotiate in good faith
for the purposes of arriving at a collective bargaining agreement. In addition, the
management and the exclusive representative may determine appropriate techniques, to
assist in any negotiation. 
The rights of an exclusive representative shall not be construed to preclude an employee
from being represented by an attorney or other representative, other than the exclusive
representative, of the employee's own choosing in any grievance or appeal action, or
exercising grievance or appellate rights established by law, rule, or regulation.
Exceptions exist only in cases of grievance or appeal procedures.
Any employee who is the subject of any disciplinary action may appeal such action to the
same extent and in the same manner as if the management had taken the disciplinary action
absent arbitration.
Any employee representing an exclusive representative in the negotiation of a collective
bargaining agreementshall be authorized official time for such purposes, including
attendance at impasse proceeding, during the time the employee otherwise would be in a
duty status.
Any collective bargaining agreement may exclude any matter from the application of the
grievance procedures, which are provided for in the agreement. 
Any negotiated grievance procedure shall be fair and simple, provide for expeditious
processing, and include procedures that assure an exclusive representative the right, in
its own behalf or on behalf of any employee in the unit represented by the exclusive
representative, to present and process grievances; assure such an employee the right to
present a grievance on the employee's own behalf, and assure the exclusive representative
the right to be present during the grievance proceeding; and provide that any grievance
not satisfactorily settled under the negotiated grievance procedure shall be subject to
binding arbitration which may be invoked by either the exclusive representative or the
agency.
Except as otherwise provided under this chapter, such right includes the right-- 
(1) to act 
(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the
authority of any management official of any agency-- 
(1) to determine the mission, budget, organization, number of employees, and internal
security practices of the agency; and 
(2) in accordance with applicable laws-- 
(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend,
remove, reduce in grade or pay, or take other disciplinary action against such employees;

(B) to assign work, to make determinations with respect to contracting out, and to
determine the personnel by which agency operations shall be conducted; 
(C) with respect to filling positions, to make selections for appointments from-- 
(i) among properly ranked and certified candidates for promotion; or 
(ii) any other appropriate source; and 
(D) to take whatever actions may be necessary to carry out the agency mission during
emergencies. 
(b) Nothing in this section shall preclude any agency and any labor organization from
negotiating-- 
(1) at the election of the agency, on the numbers, types, and grades of employees or
positions assigned to any organizational subdivision, work project, or tour of duty, or
on the technology, methods, and means of performing work; 
(2) procedures which management officials of the agency will observe in exercising any
authority under this section; or 
(3) appropriate arrangements for employees adversely affected by the exercise of any
authority under this section by such management officials.
(a) An agency shall accord exclusive recognition to a labor organization if the
organization has been selected as the representative, in a secret ballot election, by a
majority of the employees in an appropriate unit who cast valid ballots in the election.

(b) If a petition is filed with the Authority-- 
(1) by any person alleging-- 
(A) in the case of an appropriate unit for which there is no exclusive representative,
that 30 percent of the employees in the appropriate unit wish to be represented for the
purpose of collective bargaining by an exclusive representative, or 
(B) in the case of an appropriate unit for which there is an exclusive representative,
that 30 percent of the employees in the unit allege that the exclusive representative is
no longer the representative of the majority of the employees in the unit; or 
(2) by any person seeking clarification of, or an amendment to, a certification then in
effect or a matter relating to representation;
(a) The Authority shall determine the appropriateness of any unit. The Authority shall
determine in each case whether, in order to ensure employees the fullest freedom in
exercising the rights guaranteed under this chapter, the appropriate unit should be
established on an agency, plant, installation, functional, or other basis and shall
determine any unit to be an appropriate unit only if the determination will ensure a
clear and identifiable community of interest among the employees in the unit and will
promote effective dealings with, and efficiency of the operations of the agency involved.

Representation rights and duties 
(a)(1) A labor organization which has been accorded exclusive recognition is the
exclusive representative of the employees in the unit it represents and is entitled to
act for, and negotiate collective bargaining agreements covering, all employees in the
unit. An exclusive representative is responsible for representing the interests of all
employees in the unit it represents without discrimination and without regard to labor
organization membership. 
(2) An exclusive representative of an appropriate unit in an agency shall be given the
opportunity to be represented at-- 
(A) any formal discussion between one or more representatives of the agency and one or
more employees in the unit or their representatives concerning any grievance or any
personnel policy or practices or other general condition of employment; or 
(B) any examination of an employee in the unit by a representative of the agency in
connection with an investigation if-- 
(i) the employee reasonably believes that the examination may result in disciplinary
action against the employee; and 
(ii) the employee requests representation. 
(3) Each agency shall annually inform its employees of their rights under paragraph
(2)(B) of this subsection. 
(4) Any agency and any exclusive representative in any appropriate unit in the agency,
through appropriate representatives, shall meet and negotiate in good faith for the
purposes of arriving at a collective bargaining agreement. In addition, the agency and
the exclusive representative may determine appropriate techniques, consistent with the
provisions of section 7119 of this title, to assist in any negotiation. 
(5) The rights of an exclusive representative under the provisions of this subsection
shall not be construed to preclude an employee from-- 
(A) being represented by an attorney or other representative, other than the exclusive
representative, of the employee's own choosing in any grievance or appeal action; or 
(B) exercising grievance or appellate rights established by law, rule, or regulation; 
except in the case of grievance or appeal procedures negotiated under this chapter. 
(b) The duty of an agency and an exclusive representative to negotiate in good faith
under subsection (a) of this section shall include the obligation-- 
(1) to approach the negotiations with a sincere resolve to reach a collective bargaining
agreement; 
(2) to be represented at the negotiations by duly authorized representatives prepared to
discuss and negotiate on any condition of employment; 
(3) to meet at reasonable times and convenient places as frequently as may be necessary,
and to avoid unnecessary delays; 
(4) in the case of an agency, to furnish to the exclusive representative involved, or its
authorized representative, upon request and, to the extent not prohibited by law, data-
Duty to bargain in good faith; compelling need; duty to consult 
(a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith
shall, to the extent not inconsistent with any Federal law or any Government-wide rule or
regulation, extend to matters which are the subject of any rule or regulation only if the
rule or regulation is not a Government-wide rule or regulation. 
) A labor organization which is the exclusive representative of a substantial number of
employees, determined in accordance with criteria prescribed by the Authority, shall be
granted consultation rights by any agency with respect to any Government-wide rule or
regulation issued by the agency effecting any substantive change in any condition of
employment. Such consultation rights shall terminate when the labor organization no
longer meets the criteria prescribed by the Authority. Any issue relating to a labor
organization's eligibility for, or continuation of, such consultation rights shall be
subject to determination by the Authority. 
) An agency shall only accord recognition to a labor organization that is free from
corrupt influences and influences opposed to basic democratic principles.
Grievance procedures 
(a)(1) Except as provided in paragraph (2) of this subsection, any collective bargaining
agreement shall provide procedures for the settlement of grievances, including questions
of arbitrability. Except as provided in subsections (d), (e) and (g) of this section, the
procedures shall be the exclusive administrative procedures for resolving grievances
which fall within its coverage. 
(2) Any collective bargaining agreement may exclude any matter from the application of
the grievance procedures which are provided for in the agreement. 
(b)(1) Any negotiated grievance procedure referred to in subsection (a) of this section
shall-- 
(A) be fair and simple, 
(B) provide for expeditious processing, and 
(C) include procedures that-- 
(i) assure an exclusive representative the right, in its own behalf or on behalf of any
employee in the unit represented by the exclusive representative, to present and process
grievances; 
(ii) assure such an employee the right to present a grievance on the employee's own
behalf, and assure the exclusive representative the right to be present during the
grievance proceeding; and 
(iii) provide that any grievance not satisfactorily settled under the negotiated
grievance procedure shall be subject to binding arbitration which may be invoked by
either the exclusive representative or the agency. 
(2)(A) The provisions of a negotiated grievance procedure providing for binding
arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an
alleged prohibited personnel practice is involved, allow the arbitrator to order-- 
(i) a stay of any personnel action in a manner similar to the manner described in section
1221(c) with respect to the Merit Systems Protection Board; and 
(ii) the taking, by an agency, of any disciplinary action identified under section
1215(a)(3) that is otherwise within the authority of such agency to take. 
(B) Any employee who is the subject of any disciplinary action ordered under subparagraph
(A)(ii) may appeal such action to the same extent and in the same manner as if the agency
had taken the disciplinary action absent arbitration. S O S
(c) The preceding subsections of this section shall not apply with respect to any
grievance concerning-- 
(1) any claimed violation of subchapter III of chapter 73 of this title (relating to
prohibited political activities); 
(2) retirement, life insurance, or health insurance; 
(3) a suspension or removal under section 7532 of this title; 
(4) any examination, certification, or appointment; or 
(5) the classification of any position which does not result in the reduction in grade or
pay of an employee.
An aggrieved employee affected by a prohibited personnel practice under section
2302(b)(1) of this title which also falls under the coverage of the negotiated grievance
procedure may raise the matter under a statutory procedure or the negotiated procedure,
but not both. An employee shall be deemed to have exercised his option under this
subsection to raise the matter under either a statutory procedure or the negotiated
procedure at such time as the employee timely initiates an action under the applicable
statutory procedure or timely files a grievance in writing, in accordance with the
provisions of the parties' negotiated procedure, whichever event occurs first. Selection
of the negotiated procedure in no manner prejudices the right of an aggrieved employee to
request the Merit Systems Protection Board to review the final decision pursuant to
section 7702 of this title in the case of any personnel action that could have been
appealed to the Board, or, where applicable, to request the Equal Employment Opportunity
Commission to review a final decision in any other matter involving a complaint of
discrimination of the type prohibited by any law administered by the Equal Employment
Opportunity Commission.
) Any employee representing an exclusive representative in the negotiation of a
collective bargaining agreement under this chapter shall be authorized official time for
such purposes, including attendance at impasse proceeding, during the time the employee
otherwise would be in a duty status. The number of employees for whom official time is
authorized under this subsection shall not exceed the number of individuals designated as
representing the agency for such purposes.
Conclusion