Research on unionized grievance procedures: Management issues and recommendations

This paper critically reviews research on unionized grievance procedures to identify key issues for human resource/labor relations executives and to provide recommendations for dealing with these issues. The review covers psychological, sociological, economics, and industrial relations‐based research. Specifically, the authors recommend that senior human resource/labor relations executives and their staffs conceptualize the grievance procedure as a high involvement human resource practice, distinguish between the presence and use of grievance procedures, use grievance data to determine whether grievants or their supervisors suffer management reprisals, assess supervisors' dominant orientation toward employees, determine employee perceptions of grievance procedure fairness, and monitor the effects of work force composition and supervisor selection on grievance activity. © 2000 John Wiley & Sons, Inc.     

The nonunion grievance procedure: a viable system of due process?

This article reviews and critiques the literature covering the functions, structure, and viability of the nonunion grievance procedure. The authors give several arguments in support of their position that the benefits outweigh the costs of such a procedure for unorganized staff whether viewed in terms of society, the employee, or the labor market parties. Next the article briefly summarizes the empirical literature reporting on the operation of nonunion grievance procedures in a number of private-sector firms. These results are linked to the two conceptual models of an effective grievance procedure advanced by Yenney and Epstein. The authors, based on their assessment of organizational practice, identify several potential and real problems with the presently operating nonunion grievance systems in most American firms. Finally, the article concludes with a set of research propositions that systematically address both the current criticisms of the viability of such a procedure and whether most grievance procedures covering unorganized employees meet the standards of due process and organizational justice generally found in union grievance systems.     

Tiered expatriation: A social relations approach to staffing multinationals

This article applies a social relations discourse to examine the use of expatriates in Chinese multinational companies (MNCs). Expatriates are analyzed based on two sets of social relations: the social functions of expatriates (which include the global function of capital and the collective function of labor) and the pathways of expatriation (which include intra‐ and interfirm transfers). In particular, the framework incorporates the collective function of labor into the analysis of expatriation, which has received limited attention in the existing international HRM literature. Conceptually, the social relations discourse allowed us to frame staffing in an open system in which HR practices involving expatriation are shaped by the intersections between the choices of MNCs, the actions of workers, and the mediation of institutional players. Empirically, this article presents three case studies of Chinese MNCs in Europe to illustrate the tiered expatriation of managerial staff, technicians, and operational workers from interchangeable sources of labor. The HR policy implications suggest greater diversity in the formation of international staffing for MNCs.     

金融危机背景下和谐劳动关系问题的思考

2008年,美国爆发了严重的金融危机,引发了更多的劳资矛盾和劳资冲突,对本来正处于劳资冲突高发期的我国劳动关系无疑是雪上加霜。减少劳资矛盾、缓和劳资冲突,保障社会安全,为经济社会发展提供稳定的环境,已成金融危机背景下,党、政府和企业面临的重要而紧迫的任务。     

Retroduction: an alternative research strategy?

In this essay it is argued that the dualism between pure inductive and deductive research processes can be overcome by introducing retroduction. Retroduction makes possible a research process that is characterized by the linking of evidence (induction) and social theory (deduction) in a continually evolving, dynamic process. It will be argued that research processes characterized by retroduction have a potential that can be utilized within research on the greening of industry. This research is typically carried out as case studies, with some links to theory. These links can be made more explicit through retroduction and in turn increase our understanding of the contradicting relations between industry and the social and environmental context it is operating within. © 1998 John Wiley & Sons, Ltd and ERP Environment.     

我国人力资源管理模式下的劳工权益保护——浅谈对我国的人力资源管理模式的现状研究

在经济全球化以及企业竞争加剧的背景下,企业越来越重视通过对人力资源的开发来提升自身的核心竞争力。但在对人力资源开发的过程中,却常常发生了与人力资源管理理念背道而驰的情况,即对人力资源的过度的开发,使劳动者产生工作抑郁甚至过劳死的现象频出。本文旨在平衡以绩效为导向的人力资源管理模式与劳动者权益保护之间的冲突,希望使企业走出侵权困境,向着更好的方向发展。     

An arbitrator looks at grievance arbitration

This article is an overview of the major considerations that are crucial in the thought processes of an arbitrator in deciding a grievance-arbitration case. An arbitrator’s first obligation is to interpret and apply provisions of the labor agreement in a manner consistent with the intent of the parties. Past practices or precedents are often considered by arbitrators to assess the intent of the parties and to decide certain issues. The most subjective area confronting arbitrators is that of fairness and equity, primarily in discipline/discharge matters where just cause must be demonstrated. Most arbitrators apply the preponderance of evidence standard as the required burden of proof in deciding equity matters. Consistency in handling of prior cases and documentation are especially important in an arbitrator’s weighing of evidence. In summary, grievance arbitration is an extension of democratic due process to the industrial and business world. This article was prepared for presentation at a seminar sponsored by the American Management Foundation, May 6–7, 1993 (Chicago, Illinois). It is a revised, updated version of an article that originally appeared in the October, 1978 issue ofPersonnel Journal.     

The Prophecy of Place: A Labor Market Study of Young Women and Education

This study demonstrates that place—defined in this article as labor market area (LMA)— provides a useful context for examining how youth manage gendered situations. Places vary by conditions in which gender is more, less or differently salient, and a particular mix of factors accommodates different individual outcomes. This study utilizes multi–level modeling to examine influence of LMA characteristics on over–time educational measures for young women (Center for Human Resource Research 1994). Hierarchical models determine place–level effects on both average outcomes (within and between LMAs) and attainment processes. A major finding of this study is that aggregate place effects channel personal decisions and outcomes of young women. Young women's educational aspirations are dependent on gender– specific variables such as the number of women in college or the number of young women married in a local area. Attainment depends on the percentage of women in higher education and a local labor market's average age at first marriage. Further, what are assumed to be positive environmental effects (e.g., manufacturing dominance) are based on structural advantages for men and actually depress outcomes for women. Notably, the influence of place is independent of strong individual–level determinants, including social class.     

Person–organization fit and employee outcomes: test of a social exchange model

Data obtained from subordinate–supervisor dyads (N = 314) of a large manufacturing company in South Korea were used to test a moderated mediation model of the processes linking person–organization (P–O) fit and employee work attitudes and behaviors. The results revealed that the influence of P–O fit on work attitudes and behaviors was indirect through perceived social exchange with organization. In addition, the relationship between P–O fit and perceived social exchange with organization was moderated by leader–member exchange (LMX) quality. Specifically, a high-quality LMX enhanced the positive effects of P–O fit on perceived social exchange with organization.     

DO CRISES INDUCE REFORM? A CRITICAL REVIEW OF CONCEPTION,METHODOLOGY AND EMPIRICAL EVIDENCE OF THE ‘CRISIS HYPOTHESIS’

The notion that economic crises induce the adoption of reform ranks among the most widely accepted concepts in the political economics literature. However, the underlying mechanism of the so‐called ‘crisis hypothesis’ has yet to be fully understood. This paper provides a comprehensive survey of the relevant empirical evidence to date, and scrutinizes the operationalization of the hypothesis’ key concepts: crisis, reform and the political mediation of reform during crises. We argue that the social perception of both crises and the subsequent cost of reform requires consideration of how these concepts are operationalized. As a product of the broader economic and institutional environment, social perceptions largely determine the manner in which the political mediation of reform during crises works. Present‐day methodological approaches fail to adequately reflect social perceptions and consequently compromise the determination of what constitutes both crisis and the cost of reform in the context of the crisis hypothesis. Most notably, the identification of crises by fixed thresholds constructed around macroeconomic variables impedes the interpretation of the hypothesis’ underlying mechanism. A fuller treatment of social perception within the operationalization of the hypothesis’ key concepts can enhance our understanding of how economic crises influence political dynamics in bringing about reform.     

Mediation in professional relationships in France: tactics and outcomes

This study has two goals. First, it attempts to update the various tactics used by mediators in the context of professional relationships in France. Second, the study analyses the outcomes of the different aspects of mediator action. Tying together semi‐structured interviews with mediators and social negotiators involved in mediation and non‐participatory observation, the results show the existence of a range of diversified tactics that a mediator can mobilise based on his or her perception of the existence of dynamics for agreement. In contrast to existing Anglo‐Saxon research, the mediator in the French context feels entitled to become a genuine third party and have an impact on key issues during debates. Highlighting three contingent variables (level of conflictuality, mediator's mediating experience, negotiators' mediating experience) puts the mediator's intrusion into perspective.     

Case characteristics affecting the method of grievance dispute settlement

In 1986, we reported the results of an attempt to model the inner, workings of grievance arbitration. We concluded that the primary determinant of whether or not a grievance is settled privately or through arbitral award is the degree of private, outside legal representation. This article extends that work. Utilizing a more sophisticated statistical technique with a better specified list of explanatory variables, it identifies two additional grievance case characteristics that influence the method of grievance settlement: case complexity and type of dispute. The probability of an arbitrated settlement is greatest where the issue is simple and involves discipline and where the parties are represented by private, outside attorney advocates.     

Organizational governance and the grievance process: In need of a new model for resolving workplace issues

This article begins by providing insights from the research literature on the union and nonunion grievance processes in the United States. We then take a look at the status of “voice” in the American workplace and identify both inherent and practical implementation problems in providing employee “voice” regarding workplace rules. Finally, we lay out the elements of a viable system that would best meet the criteria for procedural and substantive due process in the employment relationship.     

A labor relations research agenda for health care settings

Inadequate attention has been given to labor-management relations in health care organizations. Bacause of the labor-intensive nature of health care and the great dependence on human resources, health services researchers should place greater emphasis on labor-management issues. This article develops a framework and suggests methodologies for examining labor relations in health care organizations. Specifically, six cirtical issues are suggested for attention by researchers: (1) the quality of the union-management relationship; (2) union organizing drives; (3) collective bargaining and contract negotiations; (4) impasse resolution; (5) contract administration and grievance handling; and (6) labor-management cooperation. These areas of research have been dominated by industrial relations researchers who have focused primarily on the manufacturing sector. Given cost containment and competitive pressures, it is timely to bridge the gap between the health services research community and the accumulating body of knowledge in industrial relations.     

工作场所中嫉妒与人际破坏行为关系解析

本文对Michelle K.Duffy(2012)关于工作场所中嫉妒与人际破坏行为关系的社会环境模型的最新研究进行了详细解析,该研究验证了道德偏离的中介作用,并研究了两个主要社会环境变量(社会认同和组织破坏行为基准)对此中介模型两阶段调节作用。本文结合Kenneth Tai(2012)最新的关于嫉妒对个人和组织影响的理论分析研究,进行对比分析,综合整理,给出了其他可能的非社会环境类的调节变量,并通过实际案例情境描绘对上述最新研究成果加以对照分析应用,提出实际环境中的实践建议。     

Member commitment in an American union: the role of the grievance procedure

In recent years increased attention has been focused on the factors that influence member commitment to union. However, little attention has been paid to the role grievance procedures play in this commitment. Here the authors examine the relationship between member attitudes toward the grievance procedure and commitment to an American union.     

The optimality of labor subsidies in a regional context: A skeptical note

This paper examines the frequently made claim that subsidies to labor are preferable to other types of subsidy in inducing increases in regional employment. It is shown that, in a dynamic setting and in the context of the neoclassical model of regional growth, it is impossible to decide the matter on a priori grounds.     

现阶段中国私营企业劳资关系调整研究

改革开放以来,我国私营经济迅速发展,为国民经济的增长做出了巨大贡献。但是,伴随私营经济的增长,私营企业劳资关系的负面影响日益明显。特别是近年来,我国私营企业的劳资纠纷频频发生,甚至出现了严重摧残民工身心的山西黑砖窑虐待工人事件。在这种背景下,调整劳资关系,提高工人的地位和待遇,成为贯彻落实科学发展观、构建社会主义和谐社会的重要任务。因此,本文以我国私营企业劳资关系为研究对象,对现阶段我国私营企业劳资关系进行了系统的研究。     

劳动关系作为法律关系:兼论劳动法学研究的范式转换

劳动关系和劳动法律关系区分的理论更多是法外视角研究劳动关系问题的结果。法律调整社会关系或劳动关系并非是指存在先在的供法律调整的社会关系,而是指法律通过规范人的行为在当事人之间产生法律关系,该法律关系是社会关系的特殊形式;法律关系产生的过程不是寻找社会关系的过程,而是判断法律规范规定的构成要件是否具备的过程。法律调整劳动关系因此是指出现法律规范的构成要件时在当事人之间产生以一方提供依附性劳动、另一方支付报酬为主要义务的权利义务关系,也即法律意义上的劳动关系。从上述劳动关系的逻辑出发,则事实劳动关系概念需要正本清源,集体劳动关系非法律意义的劳动关系,劳动法律关系、社会劳动关系、个别劳动关系等概念无存在必要。劳动法学研究应实现从法外视角向法教义学研究并重的转换。我国劳动法的规则体系和理论体系应围绕劳动关系展开。     

Skill development in reverse mentoring: Motivational processes of mentors and learners

Building on Murphy's (2012) model of reverse mentoring, we examine the psychological processes that contribute to skill development in initiatives where knowledge is transferred from younger to older individuals. We employ a sample of younger mentors (n = 457) and older learners (n = 293) participating in a digital skills initiative to test parallel moderated mediation models. Our findings show extrinsic motivation plays a dominant role in the development of younger groups' mentoring skills, while older learners' digital skills development is primarily driven by intrinsic motivation. We also find positive affect and self‐efficacy can serve as personal resources in this context, but only for mentors. Taken together, our results suggest motivational processes in reverse mentoring unfold differently for the two groups involved in the exchange. Recommendations for human resource practice, including specific guidelines for developing intergenerational learning initiatives, are discussed.