"LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Provide Penaltie" by Meri K. Christensen
My Employer Has Denied My Claim, What Do I Do? with the decision of the Department of Labor & Industrial Relations, may file an appeal within twenty days . Industrial relations processes -- labor-management processes or labor relations that deny employees the right to act individually concerning workplace issues. LABOR AND INDUSTRIAL RELATIONS Workers' Compensation: Provide Penalties Approval; Deny Compensation for Subsequent Nonwork Related Injury;.
Thus industrial relations refers to relations between employers and employees not only in heavy industry but also in retailing, government, financial services, education, and recreational services, for example.
In fact, even agricultural production, when organized in a form where an employer relies extensively on the services of hired workers, as is increasingly the case, can be said to fall within the purview of industrial relations. Similarly, industrial relations is not limited to formal employment relationships, but rather to what one might call "functional employment relationships.
Industrial Relations Definition
The construction industry provides many examples of this. Many laws governing employment are limited to formal employment relationships, and independent contractor status is often used by firms as a means of cutting labor costs, possibly by avoiding or evading legal obligations to employees. Related to this, temporary employment services whereby firms contract for workers with another firm which technically employs the workers, paying their wages and possibly benefits such as health insurancehave grown dramatically in recent years.
Many firms have found this a cost-effective alternative to traditional employment arrangements. These two types of arrangements are part of a larger and growing work phenomenon that many refer to in terms of the "contingent workforce.
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Some would include many part-time workers as well as many independent contractors and temporary employees in a definition of the contingent workforce. In any case, conceptions of industrial relations as the study of "all aspects of people at work" clearly do not limit the field to formal or legal definitions of employment.
As noted earlier, in the United States especially, the term industrial relations is sometimes viewed more narrowly as referring solely to relations between employers and employee representation organizations, i.
In this view, the importance of industrial relations in the United States has fallen apace with the decline of unions over the past four decades. Since the mids, when unions represented roughly one-third of employees, U. This overall unionization rate conceals considerable variation across industries.
To illustrate, the unionization rate, according to the U.
Department of Labor's Bureau of Labor Statistics, is about 10 percent in private sector employment, but close to 38 percent in public sector employment. The terms "human resources" and "human resources management" have emerged as preferred labels referring to employment issues in the absence of unions, although these terms are not always sharply distinguished from industrial relations.
For some, industrial relations is a field within human resources while for others human resources is a field within industrial relations. Clearly, however, the human resources terms have become more popular and the industrial relations term has become less popular as unions have declined. It would be a mistake to regard these changes as merely semantic.
Perhaps at the heart of the substantive matter, in simplified form, is the question of whether employment matters will be determined unilaterally by management the human resources view or jointly by employers and employees through negotiations with employee representation organizations.
Unilateral management determinations tend to be viewed as the norm in setting employment terms or at least specifying the conditions and limitations of employee influence under the human resources view, and collective bargaining tends to be seen as exceptional and often stemming from management's failure to manage properly its human resources i. In contrast, industrial relations specialists tend to view collective bargaining and other forms of joint determination as a normal and legitimate process, or even a preferable process, for determining the bulk of employment matters.
Legislation, such as minimum wage laws or bans on child labor, is also seen as a means to remedy labor problems. It is noteworthy that federal laws declare collective bargaining to be a favored national labor policy although many question the effectiveness of laws promoting this policy [see Restoring the Promise of American Labor Law, edited by Sheldon Friedman and others]. Of course, markets, laws, technology, worker attitudes, and social norms present constraints on determining employment matters in any case.
One indicator of this is that the major professional association among scholars, which also includes many practitioner members especially in its local chaptersis the Industrial Relations Research Association. Many industrial relations scholars are also active in the Academy of Management's Human Resources Division, in discipline-based professional associations such as the American Economics Association or the American Psychological Association, or in more specialized professional associations e.
There has, however, been controversy concerning whether the field has become too closely associated with the narrower conception of industrial relations, i. In the s and s especially, many firms and academic programs tended to play down or even eliminate reference to industrial relations terms, and instead tended to elevate or adopt human resources terms in their job titles, department names, etc.
Apart from this trend, the industrial relations field, like many, has associated with it a large number of alternative or closely related terms, including labor relations, collective bargaining, employee relations, and union-management relations. The collective bargaining term may be particularly significant. As noted earlier, collective bargaining, whereby employers negotiate with unions representing employees to establish contracts specifying terms and conditions of employment, holds a central and legitimate place in the view of most industrial relations specialists.
In broad conceptions of industrial relations, it is merely one of a number of alternative mechanisms for establishing terms and conditions of employment. Yet to many, collective bargaining is or at least has traditionally been the "heart" of industrial relations in the United States. Thus it is not unusual to find introductory courses and texts in industrial relations referencing collective bargaining in their titles. In a sense, the view this terminology suggests is that union formation, labor law, and certain other matters are essentially preludes to collective bargaining, whereas contract administration especially grievance procedures and grievance arbitration whereby employee complaints of contract violations are resolved through union-management negotiations or a neutral party's decision in the event negotiations failunion effects on employment matters, and so on, are consequences of collective bargaining.
Yet in much of the world, and increasingly over recent decades in the United States, collective bargaining per se occupies a less central place in industrial relations. In addition, the disciplinary areas that contribute to industrial relations often have their own terms that refer to industrial relations but which also may include additional related subjects within the discipline. These include labor economics, industrial psychology, industrial sociology, labor law, and labor history.
Similarly, management scholars often regard human resources management as a field within management that includes industrial relations or labor relations as one of its more specialized areas. Whether one defines industrial relations broadly or narrowly of course influences which topics one would consider specializations within industrial relations. Under a narrower definition of industrial relations, specialized subjects could include industrial relations theory; labor organizations unions and employee associations ; management of industrial relations; labor and management history; labor and business law; collective bargaining and negotiations; industrial conflict especially strikes ; grievance procedures, arbitration and mediation, and other dispute resolution techniques; worker participation or industrial democracy; the effects of unions on employment terms and on society more broadly; and "comparative" or internationally oriented perspectives on industrial relations.
A broader definition of industrial relations would include not only these but also topics that fields such as human resources tend to see as their domain, including training and development, workforce diversity, compensation, selection and staffing, and other employment legislation laws and regulations directly affecting employment terms, such as laws on pensions, safety, and minimum wages, as opposed to "labor law," which mainly governs relations between employee organizations and employers.
As an academic subject, industrial relations tends to be taught either as a subject within management what one might call "the business school model" or as a separate subject within an institute or school devoted primarily to industrial relations or industrial relations and human resources. After World War II, when unions were still in ascension and had already established themselves as a major power in the U.
Typically, a major force for this movement was the state's organized labor movement unions and employee associationsarguing that just as business schools at public universities served the needs of industry, schools were needed to serve the needs of workers.
The political compromises struck in state legislatures generally produced a more neutral institution with an emphasis on studying how to maintain and promote industrial peace as well as training students in industrial relations to be employed by industry, government, and labor organizations. In addition to research and more traditional academic degree programs, these institutions often included a "labor education" or "labor studies" component aimed clearly at the needs of organized workers and their organizations.
Similar programs were established or expanded in many other states in the Great Lakes region, the Northeast, and on the West Coast. These programs tend to stress graduate and professional level education, although some offer undergraduate courses and degrees.
Industrial Relations Definition:
With the decline of unions in recent decades and the tremendous expansion of business schools at many universities and colleges, at least two important changes in the research and teaching of industrial relations have occurred. First, the specialized industrial relations institutions have tended to follow industry's call for more emphasis on human resources management and less on union-management relations.
Second, business schools have become major centers of industrial relations research and teaching, but more as a result of their sheer size and number than as a result of its emphasis within the business school curriculum.
Industrial relations scholars and practitioners, therefore, support institutional interventions to improve the workings of the employment relationship and to protect workers' rights. The nature of these institutional interventions, however, differ between two camps within industrial relations. In the workplace, pluralists, therefore, champion grievance procedures, employee voice mechanisms such as works councils and trade unionscollective bargaining, and labour—management partnerships.
In the policy arena, pluralists advocate for minimum wage laws, occupational health and safety standards, international labour standardsand other employment and labour laws and public policies. From this perspective, the pursuit of a balanced employment relationship gives too much weight to employers' interests, and instead deep-seated structural reforms are needed to change the sharply antagonistic employment relationship that is inherent within capitalism. Militant trade unions are thus frequently supported.
History[ edit ] Industrial relations has its roots in the industrial revolution which created the modern employment relationship by spawning free labour markets and large-scale industrial organizations with thousands of wage workers.
Low wages, long working hours, monotonous and dangerous work, and abusive supervisory practices led to high employee turnover, violent strikesand the threat of social instability. Intellectually, industrial relations was formed at the end of the 19th century as a middle ground between classical economics and Marxism ,[ citation needed ] with Sidney Webb and Beatrice Webb 's Industrial Democracy being a key intellectual work.
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Institutionally, industrial relations was founded by John R. Commons when he created the first academic industrial relations program at the University of Wisconsin in Wight Bakkewhich began in Chamberlain at Yale and Columbia universities. However, signing an authorization card does not obligate the worker to vote for union representation if the NLRB determines the union has enough interest to warrant an election. Representation Petition When a labor union collects signed authorization cards from at least 30 percent of the workforce, the union organizer can file a representation petition with the board.
The petition is the official notice that the labor union wants employees to vote for representation. The labor board then renders a decision on whether the union appropriately filed the petition. If the union and employer stipulate to the validity of the authorization cards and the cards contain the signatures of employees who are eligible to be in a potential bargaining unit, the board directs an election.
The labor board conducts the union representation election and certifies the results. The union must receive a simple majority of the votes to prevail. Organizing Campaign In the six weeks or so between the labor board's decision on whether to hold an election and the proposed election date, the labor union and employer engage in a campaign process.