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Alternative Dispute Resolution and Union Involvement
Write a 6-9 page three-part written analysis of workplace investigations, dispute resolution processes, and the impact of unions on alternative dispute processes.
Introduction
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
- Competency 4: Describe the grievance process, dispute resolution options, and protection of employees from retaliation.
- Analyze processes and key issues for conducting a legal workplace investigation.
- Compare alternative dispute resolution processes.
- Competency 5: Examine the impact of labor unions on employee-employer relationships.
- Assess the impact of unions on the alternative dispute resolution process.
- Competency 6: Communicate professionally with all stakeholders.
- Write in a clear, well-organized manner with the required number of resources to support a central idea, with no technical writing errors, as expected of a business professional.
Preparation
The following resource is required to complete Part 1 of the assessment.
For this assessment, analyze the value of efficient workplace investigations, effective alternative dispute resolution processes, and the impact unions have on alternate dispute resolutions (ADRs).
Part 1: Hostile Work Environment Investigation
Analyze processes and key issues for conducting a legal workplace investigation.
- Read the Sexual Harassment Workplace Scenarios linked in the Resources under the Required Resources heading and select one scenario to respond to the following:
- Brainstorm some investigatory questions you would like to ask the employees involved.
- Discuss if the employee’s actions arise to the level of hostile workplace harassment.
- Explain how the interview questions you would like to ask would be legally compliant with a hostile work environment investigation.
Part 2: Alternative Dispute Resolutions
Compare alternative dispute resolutions.
- Respond to the following questions, using your current organization for context, if possible, so that you can include your insights into organizational culture and norms.
- What are the three most important things you would be concerned about if charged with creating a new ADR process for an organization?
- How would you ensure that employees would not face retaliation?
- How would you compare ADR practices, including negotiation, mediation, and arbitration?
- In what ways are these practices similar and different?
Part 3: Different Unions, Different Issues
Assess the impact of unions on the ADR process.
- Respond to the following questions, using your current organization for context or another organization that is unionized:
- How might having a union involved help or hinder the process for investigations?
- Does the issue change with the presence of a union?
- What are the benefits to the organization and employee for having a union?
Additional Requirements
Your assessment should meet the following requirements:
- Length: Your analysis should consist of three distinct sections. Use headings to organize each section of 2–3 double-spaced pages. Include a references page at the end.
- Written communication: Communicate in a manner that is scholarly and professional. Your writing should be:
- Concise and logically organized.
- Free of errors in grammar and mechanics.
- Validation and support: Use 3–4 relevant and credible scholarly or professional resources to support your work.
- APA formatting: Format all citations and references in accordance with current APA guidelines.
Competencies Measured
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
- Competency 4: Describe the grievance process, dispute resolution options, and protection of employees from retaliation.
- Analyze processes and key issues for conducting a legal workplace investigation.
- Compare alternative dispute resolution processes.
- Competency 5: Examine the impact of labor unions on employee-employer relationships.
- Assess the impact of unions on the alternative dispute resolution process.
- Competency 6: Communicate professionally with all stakeholders.
- Write in a clear, well-organized manner with the required number of resources to support a central idea, with no technical writing errors, as expected of a business professional.
Managing Performance Improvement
Develop a 5-6 page performance improvement plan that includes legal compliance and risk awareness for a selected HR scenario or your own workplace.
Introduction
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
- Competency 2: Analyze human resource practices that promote positive employee relations and legal compliance.
- Assess legal compliance and awareness of legal risk for the selected HR scenario.
- Competency 3: Explain the components of managing employee performance for organizational and personal success.
- Describe the goal of the conversation for the selected HR scenario.
- Articulate personal bias or preconceived assumptions for the selected HR scenario.
- Develop best practices for delivering performance feedback to employees.
- ​Competency 6: Communicate professionally with all stakeholders.
- Summarize the selected HR scenario.
- Write in a clear, well-organized manner with the required number of resources to support a central idea, with no technical writing errors, as expected of a business professional.
Preparation
For this assessment, assume the role of an HR specialist and develop a performance improvement plan. You may either select one scenario from the Assessment Scenarios [PDF] or you may choose to use your own workplace example.
Requirements
Based on the information provided in either the selected scenario or a workplace example, prepare a plan using subheadings to organize the following assessment requirements:
- Summarize the selected HR scenario. What is the issue to be addressed by the employer with the employee?
- Describe the goal of the conversation for the selected HR scenario. What outcomes are you seeking?
- Articulate personal bias or preconceived assumptions for the selected HR scenario. How would you try to overcome these biases or assumptions, if faced with these feelings in the workplace?
- Develop best practices for delivering performance feedback to employees. Identify at least three best practices that are relevant to the selected scenario.
- Assess legal compliance and awareness of legal risk for the selected HR scenario. What actions would you take to be compliant with the ADA, FMLA, ADEA, or other relevant legislation?
​Additional Requirements
Your assessment should meet the following requirements:
- Length: 5–6 double-spaced pages, including a references page.
- Written communication: Communicate in a manner that is scholarly and professional. Your writing should be:
- Concise and logically organized.
- Free of errors in grammar and mechanics.
- Validation and support: Use 3–4 relevant and credible scholarly or professional resources to support your work.
- APA formatting: Format all citations and references in accordance with current APA guidelines.
Competencies Measured
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
- Competency 2: Analyze human resource practices that promote positive employee relations and legal compliance.
- Assess legal compliance and awareness of legal risk for the selected HR scenario.
- Competency 3: Explain the components of managing employee performance for organizational and personal success.
- Describe the goal of the conversation for the selected HR scenario.
- Articulate personal bias or preconceived assumptions for the selected HR scenario.
- Develop best practices for delivering performance feedback to employees.
- ​Competency 6: Communicate professionally with all stakeholders.
- Summarize the selected HR scenario.
- Write in a clear, well-organized manner with the required number of resources to support a central idea, with no technical writing errors, as expected of a business professional.
Recovery Strategies
Write a 2-3 page article review in which you discuss the legal issues brought against an employer and how the organization managed to recover from the charges brought against it.
Introduction
An organization’s public image is very important. The values and missions of the company serve as a statement to the public regarding how it seeks to operate. The company wants to avoid negative publicity about employment-related legal issues, like discrimination or harassment, because it can have a damaging effect on the organization’s reputation. When this occurs, HR practitioners and managers need to identify an effective recovery strategy as soon as possible. This is important, because the company needs to limit any negative exposure, but also to ensure that the organization is operating according to its values and missions.
Conduct research using the Capella University Library, a trusted Internet resource, or a business magazine or journal to find an article on the topic of a company experiencing legal issues related to workplace discrimination, unfair labor practices, or unethical behavior. This source should also describe the organization’s approach in managing and recovering from the charges brought against it.
Then, write a 2–3-page article review in which you discuss the following:
- Identify the legal issues and the charges brought against the company.
- Describe the organization’s approach to managing and recovering from the charges brought against it.
- Include your analysis of the organization’s approach to managing and recovering from the charges. Identify whether you would or would not have handled the recovery using the same strategy, and include a supporting rationale.
Additional Requirements
- Written Communication: Written communication should be free of errors that detract from the overall message.
- APA Formatting: Resources and citations should be formatted according to current APA style and formatting guidelines.
- Font and Font Size: Times New Roman, 12 point, double-spaced. Use Microsoft Word to complete the assessment.
- Length: A minimum of two pages, excluding title page and reference page (150–300 words per question).
Competencies Measured
By successfully completing this assessment, you will demonstrate your proficiency in the following course competencies and assessment criteria:
- Competency 4: Implement the mission, vision, and values to impact organizational culture.
- Identify the legal issues.
- Discuss the effectiveness of the organization’s approach to recovery.
- Competency 5: Create strategies for recovery from exposure to liabilities.
- Describe the organization’s strategies for recovery from exposure to liabilities.
- Competency 6: Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.
- Communicate in a manner that is scholarly, professional, and consistent with expectations for members of the human resource profession.