Drug testing and the law

This article examines judicial and administrative rulings and legislation involving or related to the issue of drug testing in the workplace. It discusses the rights of employees in the public and private sector: constitutional rights; federal, state, and local statutory rights; rights of unionized employees; and common law rights. It analyzes both the current state of the law and future directions the law may take, as courts and administrative agencies decide more cases and governmental bodies continue to pass drug testing legislation.     

Arbitration of Statutory Employment Discrimination Claims in a Nonunion Environment: A Guide to Procedural Fairness

The previous decade has seen an increasing trend toward the use of arbitration to resolve statutory employment discrimination claims. The enforceability of most private sector arbitration agreements arising in a nonunion setting is reviewable under the Federal Arbitration Act. Such arbitration agreements are most often created by management and become a condition of employment. To represent a feasible alternative to court litigation, employers and employees must have confidence that outcomes achieved through the arbitration process will be enforced by the courts as final and binding upon the parties to the dispute. The extent to which an arbitration agreement adequately protects the procedural and remedial rights of the participants is an important issue affecting the probability that a court will enforce the outcome of an arbitration procedure. This paper reviews guidelines provided by the courts and practitioners to aid in the design of an effective and legally enforceable arbitration procedure to resolve statutory employment discrimination claims arising in a private sector nonunion environment.     

Employee drug testing: A constitutional perspective

The proliferation of employee drug testing by federal and state governments and by private sector employers acting pursuant to governmental directives has led to a steadily growing number of lawsuits raising constitutional challenges to such testing. Most of these cases have been based on the Fourth Amendment's prohibition of unreasonable searches and seizures. In 1989, the Supreme Court addressed the constitutionality of employee drug tests for the first time in two cases,Skinner v. Railway Labor Executives' Ass'n andNational Treasury Employees Union v. Von Raab. Recognizing that urinalysis drug testing constitutes a search for Fourth Amendment purposes, the Court determined the constitutionality of the drug tests by balancing the governmental interest in the testing against the privacy interest of the employees and, in both cases, upheld the drug testing at issue. TheSkinner andVon Raab decisions provided guidelines for analyzing Fourth Amendment challenges to employee drug testing, and the lower courts are now in the process of applying and refining these guidelines. Constitutional challenges to employee drug testing programs have also been based on the due process clause and the equal protection clause of the Fourteenth Amendment and on the First Amendment's guarantee of freedom of religion. Unlike Fourth Amendment claims, however, these claims have rarely been successful.     

Employee perceptions of performance appraisals: a comparative study on Indian banks

Performance appraisal is the most critical human resource practice and an indispensable part of every organization; however, the practice continues to generate dissatisfaction among employees and is often viewed as unfair and ineffective. Indian banking sector is one of the biggest and fastest growing financial service sectors. The post-liberalization era has witnessed significant changes in the structure and operations of banks operating in India. Arrival of new private and foreign banks has given a cause to public sector banks to be more competitive, effective and innovative in their approach. Past researches have compared public and private sector banks and have indicated that new private sector banks are outscoring public sector banks in terms of technical and economic efficiency parameters. However, no study could be found that compared public and private banks in India on fairness perceptions of performance appraisal system. Therefore, this research studied the differences between public and private sector banks with respect to perception of fairness of the performance appraisal system and performance appraisal satisfaction. Perception of fairness of the performance appraisal system has been studied through nine factors. The study used independent samples t-test and qualitative analysis to study the mean differences between the two banks. Results indicated that private sector bank employees perceive greater fairness and satisfaction with their performance appraisal system as compared to public sector bank employees.     

Personnel Formalization and the Enhancement Of Teamwork: A public–private comparison

Formalization has long been regarded as one of the most distinctive features of the public sector. Personnel systems in the public sector are particularly formalized due to merit system protections and strong due process requirements. In much of the contemporary public management literature, personnel formalization implies red tape, referring to excessive rules that bring negative outcomes such as employee frustration. The present study offers an alternative view, suggesting that personnel formalization results in high-performance work practices, particularly teamwork, by ensuring that organizations attract the right employees and provide employees with various protections such as worker safety, procedural justice and conflict resolution. Given that public organizations are structured more formally, public sector employees are more likely to work in teams than their peers in the private sector. The authors test this view by using variables from the National Organization Survey (NOS) data set and find strong statistical support. Therefore, personnel formalization is not necessarily equivalent to red tape and not always detrimental to the public sector. It enhances teamwork, a central element of high-performance work practices.     

Predictors of flexible working arrangement provision in small and medium enterprises (SMEs)

SMEs comprise 99.7% of all private sector businesses in Australia and employ 70% of the private sector workforce. They are therefore important to policies on flexible work arrangements (FWAs). The provision of FWAs has been found to usually contribute positively to employee well-being and business performance. However, the majority of studies focus on large firms and it is unclear whether these associations apply equally to SMEs. Using data from the Australian Bureau of Statistics Business Longitudinal database for 2007–2011(n = 2788), this study investigates the extent to which factors such as firm size, industry sector, terms of employment, employees’ skills and use of the internet at work affect the provision of FWAs in SMEs. The findings show that smaller businesses are constrained by resources to provide FWAs, but do so in pursuit of industry norms and/or as a result of the profile of their employees. It is also easier to provide FWAs in certain industries than in others and use of the internet facilitates the provision of FWAs.     

Education,job satisfaction and gender in Kuwait

This study explores the relationship between education (level and field) and job satisfaction among Kuwaiti women employees in the Kuwaiti private banking sector. The analysis is focused on the responses of the female employees to their own jobs as indicated by their level of job satisfaction. Specifically, the research involved a stratified sample of the Kuwaiti women employees in the whole private banking sector in Kuwait. This study differs from previous investigations of job satisfaction in two principal ways: in dealing with the private sector (rather than the more common public sector in studies of the Middle East) and in taking into account education (level and field) in the privatesector work setting. The major findings of this research indicate that a much broader approach towards increasing satisfaction than focusing on the job itself is required. The study shows that the respondents' education background is of substantial importance in affecting job satisfaction.     

PATENT ENFORCEMENT: A REVIEW OF THE LITERATURE

Without the confidence that patent rights can be enforced quickly and efficiently, when needed, the patent system will not stimulate innovation. For this reason, governments, academics, international institutions and the private sector have poured significant resources into gathering and analysing statistics on patent enforcement over the last two decades. This paper reviews these studies and finds that while infringement is relatively common, much enforcement occurs informally and less than 1–2% of patents incur litigation. New strategic uses of the enforcement system, especially by nonpracticing entities, are the major emerging enforcement issue, especially in the United States. While the old problem of litigation costs attracts the lion's share of empirical attention, it has produced remarkably few solutions to date.     

Public and private sector jobs,unreported income and consumption gap in India: Evidence from micro-data

This paper documents the wage and consumption gap between private and public sector employees in India. We empirically investigate the wage gap as well as difference in consumption expenditure using household survey from the 2004-05 National Sample Survey of India. Our results show that despite a lower level of public sector income in some of the income quantiles, the consumption of durable goods is not different between these two groups, statistically. After checking for competing explanations, we conclude that the absence of statistically significant consumption gap could be an outcome of ‘unreported’ income earned by public sector workers in India.     

Presenteeism and burnout among teachers in public and private Portuguese elementary schools

This research aims to study the possible relation between presenteeism and burnout in the public and private education sector. Presenteeism – a groundbreaking concept in organizational behaviour literature – refers to productivity losses that occur when employees come to work but under-perform due to physical and psychological causes. Next, we further clarified the burnout criterion with three groups of predictors: personal, contextual and presenteeism. Results from a sample of 281 elementary school teachers from private and public institutions revealed that personal and contextual characteristics as well as presenteeism were predictive of teacher burnout. We also found that public school teachers exhibited higher levels of both presenteeism and burnout. Finally, the implications of these results are discussed and directions for future research in the field are provided.     

Training in the new private sector in Russia

The growth of the new private sector in Russia has been associated with the expansion of trade and services, requiring a labour force with different occupational and skill characteristics from those of the Soviet economy. This paper reports on the first research ever undertaken on training practices in the new private sector in Russia. The analysis is based on forty case studies of new private enterprises and a large-scale household survey in four relatively prosperous Russian cities carried out in the first half of 1998. The paper shows that the old system of vocational retraining has largely collapsed, but very little has arisen to take its place. The majority of new private employers make little provision for the training of their employees, relying heavily on training provided by previous state employers or on the motivation of their own employees or prospective employees to undertake training on their own initiative, at their own expense and in their own time. At the same time, the availability of appropriate training is limited and it is extremely expensive in relation to the resources available to new private employers. Nevertheless, those who undertake training experience significant increases in earnings.     

Personality traits discriminating between employees in public- and in private-sector organizations

Based on data collected from public and private organizations in Greece, this paper examines the differences in individual traits between public and private-sector employees, differences which eventually influence employees' attitudes and behaviours towards their organizations and their consequent performance, specifically in organizational commitment and neglect behaviour. The findings indicate that there are some differences between the two groups of employees. In only three out of ten personality characteristics examined here (security needs, pay needs and Protestant work ethic), are there no distinctions between the groups. These findings imply that, besides the environmental and structural characteristics of the two sectors which may be the source of attitudinal differences, it might also be that persons attracted to the public sector have different personality characteristics from those attracted to the private sector. Regardless of the source of differences, results point to the need for changing recruitment and selection practices in public organizations as well as for implementing a number of human resource management practices, the lack of which seems to drive junior qualified staff away from the public sector where they are mostly needed. The later seems to be the case in Greece where the lower pay and the non-competitive, non-challenging atmosphere prevailing in most public-sector organizations seem to play an important role in driving most dynamic employees away from the public sector.     

The returns to formality and informality in urban Africa

This paper addresses the questions as to the size and causes of earnings differentials in two urban African labor markets, those of Ghana and Tanzania. We have panel data so we can ask how far time invariant unobservables, market ability for short, matters in the determination of earnings. We also have information on whether the individual is own self-employed, self-employed with employees, a private or public sector wage employee and the size of the enterprise in which wage employees work or which the self-employed owns. We find, mirroring work on developed economies, that unobserved individual market ability is by far the most important factor explaining the variance of earnings. With controls for such ability the gap between private wage employment and civil servants is about 50%. With controls for enterprise size we find that wage employees earn the same as the self-employed in both Ghana and Tanzania. Enterprise size matters. At most half of the OLS effect of size on earnings can be explained by unobservable ability. Workers in the largest firms are the high earners with wage rates which exceed those of civil servants. These results all assume exogenous movement. We find evidence that endogeneity bias may be serious and may be understating the extent of both the size effect and the private sector wage (negative) premium. The implications of our results for understanding the nature of formal and informal employment in Africa are discussed.     

Electronic mail,privacy, and the public sector: Guidelines for public employees and organizations

What privacy rights are public employees entitled to when using their electronic mail systems? Are they entitled to privacy rights in the messages they send or receive? The setting, public or private, is crucial to determine what privacy rights exist for the employee. Unfortunately, no public sector electronic mail privacy case has been considered by the courts. Nevertheless, E-mail privacy guidance does exist. This article investigates previous privacy considerations provided in other workplace situations—cases that involve technologies other than E-mail—in search for common rules established by the Supreme Court. With this foundation, the article then applies the same rules to an electronic mail environment and provides guidelines intended to assist public managers in the creation or reevaluation of their organization’s electronic mail privacy policy.     

Is Ulrich's model useful in understanding HR practitioners' roles in non-western developing countries? An exploratory investigation across private and public sector organizations in the Sultanate Kingdom of Oman

This study set out to explore whether Ulrich's model is useful in understanding HR roles in non-western developing countries such as Oman. The study surveyed a random sample of 780 HR practitioners, line managers and employees from public and private sector organizations. In addition 12 HR practitioners and managers were interviewed to supplement the data collected from the survey. The findings indicate that HR practitioners in Oman perform all the roles. However, ‘strategic partner’ is the least performed role. The findings also indicate that HR practitioners in the private sector are more likely to perform all the five roles to a greater extent than their counterparts in the public sector. We also found partial support for our proposition that HR practitioners in the public sector would play more ‘operational’ roles (e.g. employee advocate or functional expert) than ‘strategic’ roles (i.e. strategic partner or HR leader). The study revealed that Ulrich's model is robust enough to help in the understanding of HR roles in a non-western, developing country context. The findings are discussed within the context of institutional and cultural frameworks. The paper argues for more research to improve the understanding of how socio-economic and cultural factors influence HR roles and how they are performed.     

Free expression in the workplace: Does the public-private distinction matter?

This article presents an argument for a judicial approach to ward employee free speech cases that would afford private sector employees substantially greater free speech protection. The argument proceeds first by examining a recent case,Novosel v. Nationwide Insurance Company, which if followed widely as precedent would make the public-private distinction much less important in employee free speech cases. This examination results in a strong endorsement of theNovosel decision. A clear statement of the reasons for the endorsement, however, takes one far beyond the opinion of the court into an analysis of the conditions under which courts may rely upon public policy as a basis for decision.     

Self/paid-employment, public/private sector selection, and wage differentials

We use Probit models to account for the double selection problem of choice between, on the one hand, self- and paid-employment and, on the other, employment in the public and private sector. These models provide corrections for sample selection in wage equations for paid employees in the public and private sectors. Using a modified version of the Oaxaca and Ransom [J. Econom. 61 (1994) 5] procedure, we decompose the wage gap between the public and private sectors into a portion attributable to differences in characteristics, the public sector advantage, the private sector disadvantage and unobserved selection effects. Rich data for the Republic of Cyprus, a thriving economy with institutional features reminiscent of a developing economy, help determine the choice of type (self/paid) and sector (public/private) of employment. The human capital model describes the wage determination process satisfactorily. The size and distribution of public sector rents between men and women are similar to those in North America and are bracketed by results for developing countries.     

A job to believe in: recruitment in the Scottish voluntary sector

The voluntary sector is an important source of employment in the UK and is increasingly providing services previously provided by the public sector. However, the ability of the sector to provide such services is dependent on the quantity and quality of suitable labour. This article examines recruitment issues in seven case‐study voluntary organisations offering social care in Scotland. Interviews were conducted with 137 managers and employees in these organisations. In addition, to assess potential labour supply, interviews and focus groups were conducted with careers advisers and potential employees. The findings suggest that, with a tightening labour market, uncompetitive pay and misconceptions about the sector, recruitment is a problem. However, job satisfaction is high for current employees, and potential employees whose values are commensurate with the sector might be attracted. The findings thus have relevance not just for the case‐study organisations, but for HRM in the voluntary sector generally.     

Examining transformational leadership,job satisfaction,organizational commitment and organizational trust in Turkish hospitals: public servants versus private sector employees

Leadership, job satisfaction, organizational commitment and trust have become important processes for healthcare management in recent years. One of the contemporary human resource management functions in the organizations involves engaging in leadership development, improving organizational trust and organizational commitment and increasing job satisfaction. Considering the rapidly changing healthcare technology and higher levels of occupational complexity, healthcare organizations are increasingly in need of engaging in leadership development in any given area of expertise to address ever-changing nature of the industry and the delivery of quality of care while remaining cost-effective and competitive. This paper investigates the perceptions of both public servants and private sector employees (outsourcing) on transformational leadership, organizational commitment, organizational trust and job satisfaction in Turkish healthcare industry. Additionally, the paper analyzes the predictability of organizational commitment based on employee – both public servants (physicians, nurses, administrative personnel and other healthcare professionals) and private sector employees (outsourcing) (auxiliary services such as administrative assistants, security personnel, kitchen, laundry and housekeeping employees) – perceptions of transformational leadership, job satisfaction and organizational trust. Using a survey instrument with items adopted from the transformational leadership inventory (TLI) [Podsakoff, P. M., MacKenzie, S. B., Moorman, R. H., & Fetter, R. (1990). Transformational leader behaviors and their effects on followers' trust in leader, satisfaction, and organizational citizenship behaviors. Leadership Quarterly, 1, 107–142], the organizational commitment questionnaire [Meyer, J. P., & Allen, N. J. (1997). Commitment in the workplace: Theory, research, and application. Thousand Oaks, CA: Sage], the organizational trust inventory (OTI) [Cummings, L. L., & Bromiley, P. (1996). The occupational trust inventory (OTI): Development and validation. In R. Kramer & T. Tyler (Eds.), Trust in organizations: Frontiers of Theory and Research (pp. 302–330). Thousand Oaks, CA: Sage] and job satisfaction survey (JSS) [Spector, P. E. (1985). Measurement of human service staff satisfaction: Development of the job satisfaction survey. American Journal of Community Psychology, 13, 693–731], this quantitative study was conducted among 2108 healthcare employees (public servants and private employees) in two large government hospitals in Turkey. The study findings indicate a significant difference between the public servants and private sector employees in terms of their perceptions on two dimensions of transformational leadership (being an appropriate model, providing individualized support), overall transformational leadership and one dimension of job satisfaction (communication). The two dimensions of job satisfaction – operating procedures and communication – as well as organizational trust were the significant predictors of organizational commitment of public servants, whereas the two dimensions of leadership – individualized support and fostering the acceptance – as well as the two dimensions of job satisfaction – promotion and contingent rewards – and organizational trust were the significant regressors of organizational commitment of private sector employees. In addition, there is a significant difference between the predictors of the dimensions of organizational commitment (transformational leadership, job satisfaction and organizational trust) in terms of public servants versus private sector employees. Finally, organizational trust has a significant effect on overall organizational commitment as well as its three dimensions for public servants and private employees.     

What factors influence the organizational commitment of public sector employees in China? The role of extrinsic,intrinsic and social rewards

This study investigates the relationship between extrinsic, intrinsic and social rewards, and the organizational commitment of 239 Chinese public sector employees. Hierarchical regression analysis revealed that although variables included to measure extrinsic and social rewards were strongly related to organizational commitment, variables included to measure intrinsic rewards had limited influence. These findings suggest that the antecedents of organizational commitment in the Chinese public sector are significantly different from those in the Chinese private sector and public sector organizations in the West.