Human resource management

Human Resource Management

Union vs. Company Claims Regarding Unfair Labor Practices

The labor relations law gives rights and responsibilities to employers, employees and workers unions. If either of the parties involved fails to carry out their responsibilities, then an unfair labor practice accusation may be placed in a law court. The same law suit may be filed if the employer or the employees infringes the rights of each as provided under the statute (Thusing et al 2000). The unfair labor practices are any types of actions that violate the regulations of labor practices as provided in the National Labor Relations Act (NLRA) or any other laws of regulation. Such cases are investigated by the National Labor Relations Board (NLRB).

Unions have always fought to change regulation by NLRA to rule out permanent replacement of workers who go on strike. The use of replacement is viewed as unfair practice since it gives the employer lopsided bar attainment of power in workforce administrative discussions regarding salaries and working conditions. The employers on the other hand argue that this would empower employee unions so much that it would spoil the working relationships and business at large. There are many occasions when employers and unions clash over unfair labor practices like discriminate hiring and firing of workers, the employees may be involved in secondary boycotts, jurisdictional strikes over job assignments among other tactics (Thusing et al 2000). Replacement of workers is the most contentious issue and even non-union workers fear that the ban on such replacement would give unions more power to organize workers on job. Strategists contend that the ban on replacement would increase labor costs and would be wasteful. The employees argument is more persuasive because it carters for human rights.

Castulon Corporation

Drug testing program should be implemented by the Castulon Corporation in order to effectively manage employee misbehavior and substance use. This is because the statistics reveal that about 70% of those who abuse drugs or use illegal drugs are workers employed as part time or fulltime workers. Over ten million individuals are currently drug users and over one twelfths of the full time workers are illicit drug users while a ten of the employed persons have drinking problem. These statistics means that in all businesses across the world whether small businesses or larger corporations like Castulon Corporation, drug abuse remain a problem. The effects of drug abuse are; absenteeism at workplace, likelihood of accidents to oneself or others, reduced productivity, and the company’s expenditure in terms of sick leave, insurance claims, overtime and other compensations would increase, Anonymous (2008).

Substance Abuse Testing Program

The establishment of a drug testing program is not an easy task and it requires a lot of consultation and compliance with several aspects among them are; the statutory/regulatory demands, joint negotiation agreements, disability prejudice requirements, and other provisions put in place.

Disciplinary measures should be taken against employees in the event that there is reason beyond doubt that the worker is under influence of illicit drug. The employee may be suspended shortly and returned with a back pay if results are negative, in other instances; job seekers who test positive for substance use will not be employed, workers who refuse the test or test positive will be fired, workers possessing illicit drugs will be fired, and workers found under influence on duty will be terminated, Anonymous (2008).

Workplace Ergonomics

Ergonomics is described as the science of the relationship that workers have with their work with an aim of creating job responsibilities, work locations, apparatus and equipment to comply with the abilities of the people. The work of ergonomics is to increase productivity by optimization of individual abilities and reducing or eliminating hazards that may cause injuries at the place of work (Cadrian 2002).

Computer use is of much concern because; it has increased all over the world due to advancement in communications and technology. However it can cause cumulative trauma disorders when used excessively. Repeated use of certain strained position can cause injuries in certain muscles, tendons or ligaments because of the unnatural position. Such injuries are protected against by the government through (OSHA) federal Occupational Safety and Health Act (Cadrian 2002).

The government struggles to protect workers safety and health as the States are in control of almost all aspect of ergonomics like violence, drug abuse and unwinding. I concur with other health and safety professional that supports government’s regulation of the workplace ergonomics because it will uncompromisingly protect the country’s employees. The creation and improvement of working place conditions is a very tough task for many investors and it requires the intervention of a stronger authority such as the government to push for such implementation and improve the working environment at the work sites (Cadrian 2002). The federal regulation of ergonomics can be very effective since the establishment of OSHA saw much change in work places till recently when it has fallen short of funds. Many companies had to comply with the federal government’s regulation and the changes were notable and very successful.

References

Anonymous (2008). An Employer’s Guide to Dealing with Substance Abuse. U.S. Department of Labor (DOL) 200 Constitution Avenue NW Washington dc retrieved on 2nd Feb 2009 from http://www.lectlaw.com/files/emp03.htm

Cadrian D. (2002). Work-Place Safety’s Ergonomic Twist. Whether The Rules Come From The States At Ultimately The Federal Government, HR Will Have A Hand In Implementing Them – Ergonomics HR Magazine retrieved on 2nd Feb 2009 from http://findarticles.com/p/articles/mi_m3495/is_10_47/ai_92807102

Thusing Gregor & Sven-Frederik Balders. (2000). “Permanent Replacement of Economic Strikers in the United States of America and the Federal Republic of Germany: Two Sides of the Same Coin” Temple International and Comparative Law Journal 14.