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Context of Employee Relations and Industrial Conflict

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Introduction

Unit 24: Employee Relations Assignment 1 Context of Employee Relations and Industrial Conflict Name- Karan Aggarwal Tutor- Marion Fieldstead Date- 07/04/08 Contents: Page: a.) Explaining the unitary and pluralistic frames of reference..........................................................................03 b.) Reviewing the development of trade unions and industrial relations........................................................07 c.) Determining the role of trade unions and its contribution to effective employee relations................16 d.) Differentiating the roles taken by main actors in employee relations....................................................20 e.) Explain the ideological framework of industrial relations...........................................................................26 f.) Investigating the different types of collective dispute..............................................................................29 g.) Reviewing the dispute procedures and the resolution of conflict.............................................................................38 h.) Bibliography/References.....................................54 i.) Self Reflection/Evaluation..............................................56 j.) Timetable.........................................................................58 Explaining the unitary and pluralistic frames of reference 'How industrial relations are conducted within a particular organisation is determined by the frame of reference through which its top managers perceive the formal relationship with individuals and/or their representatives. Alan Fox (1966) suggested that managers may adopt one of two basic views: the unitary and the pluralist perspectives. The Unitary perspective Armstrong (1999) says that the philosophy of HRM with its emphasis on commitment and mutuality is based on the unitary perspective. To talk of unitary frame of reference is to refer to a way of thinking, a mind set of assumptions, attitudes, values and practises relating to management and organisational membership. This perspective is based on the assumption that in order to achieve success, members of any given organisation, despite their different roles, must share the same goals, objectives and values. The unitary perspective finds expression through the implementation of mission statements and measures success through the actual achievement of set objectives. Workers are considered to be loyal, and the prerogative of management is accepted as parental, and in everyone's best interests. Management should be the one focus or loyalty. "Any business must mould a true team and weld individuals' efforts into a common effort. Each member of the enterprise contributes something different, but they must all contribute towards a common goal. ...read more.

Middle

Employers also know them to find out how many employees are union members. Employers also know that they can exert pressure in the face of industrial action by threatening to end the check-off. However, the Trade Union and Employment Rights Act 1993 provides that if an employer is lawfully to make check-off deductions from a worker's pay, there must be prior written consent from the worker and renewed consent at least every three years. This three-year renewal provision can inhibit the maintenance of the system. Strikes Strikes are the most politically charged of all the features of industrial relations. The Conservative Government in the 1980s believed that 'strikes are too often a weapon of first rather than last resort'. However, those involved in negotiation - as well as trade unions - have recognised that a strike is a legitimate last resort if all else fails. It is factor in the balance of power between the parties in a negotiation and has to be taken into account by both parties. There is "no right to strike" as such in British law, but the Human Rights Act 1998 gives a legal right of "freedom of assembly and association" (art 11) - The Law Collective/Trade Dispute Industrial Relations Act, 1990 The definition of a collective dispute (or a "trade dispute" as it is known in law) is quite wide and can involve matters in dispute such as terms and conditions of employment, physical working conditions, engagement, termination, duties of employment, allocation of work, discipline and a range of other matters connected with employment relations:- Trade Dispute - to gain immunity under the Industrial Relations Act, 1990 employees and the trade union members must be pursuing a trade dispute. A trade dispute requires the right parties - employer and workers - and the right subject matter - anything connected with the employment or non-employment, terms and conditions of employment of any employee. ...read more.

Conclusion

Contact details of the of the relevant State/Territory Fair Trading Authority will be made available should the complainant wish to pursue the matter independently. 13. If the Contact Officer is made aware that the complainant wishes to pursue the matter through the courts or relevant Fair Trading Tribunal, the Contact officer will immediately notify the Department and the Operations Manager of MAS Administration Services. 14. The Operations Manager and the DEEWR Representative will consult regarding any further action to be taken. Coping with industrial action While managerial focus is likely to be on avoiding industrial action, through dispute resolution procedures and the threat of sanctions, there should be contingency plans in place to minimise the disruptions caused by industrial action if and when it occurs. Depending on the nature of the business, and the group of workers involved, key considerations may be: * To maintain incoming deliveries of materials and supplies: e.g. for a retail organisation, or a factory threatened with picketing. * To maintain production output or service levels: e.g. by finding suitable alternative labour (transfers of staff from other sites, or jobs, use of short-contract and casual staff), or (re-transferring production to other plants, encouraging overtime working prior to strike). * To maintain supply of goods and services to the customer: e.g. through picket lines, by subcontracting distribution, or encouraging customer self-service.' 8 Bibliography/References Books: * Armstrong M - A Handbook of Human Resource Practice (Kogan Page, 2006) 10th Ed; United Kingdom; ISBN-10: 0749446315; ISBN-13: 9780749446314 * Classroom Notes and Handouts; Marion Fieldstead; 2007/08; Wirral Metropolitan College; Conway Park Campus; United Kingdom, Particularly Unit 24: Employment Relations) * John Gennard and Graham Judge - Employee Relations (IPD, 1997) 1st Ed; London; ISBN- 0852926545. * Blyton P and Turnbull P - The Dynamics of Employee Relations (CIPD, 2000) 2nd ed; ISBN: 0333679857 Websites: - www.google.com - www.ask.com - www.yahoosearch.com - www.starware.com - www.doceo.co.uk - www.coursework.info - www.bola.biz - www.siptu.ie - www.lra.org.uk - www.emplaw.co. ...read more.

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