Andrew Lentvorski wrote:

Michael O'Keefe wrote:

Maybe it's the "not illegal" clause that causes us to jump through hoops so we can show we went through every effort to accomodate an employee, so they don't come back and sue later for wrongful/illegal dismissal ?


They'll sue you anyway. Better to offer them a bribe to go away and sign a non-suing agreement.

Everybody complains about this--"You paid that twerp to go away! How do I get that deal?". To which I respond, "I'll make him your partner and let you manage him for the next 6 months to build up a paper trail to make HR happy, if you wish." Suddenly, it looks like a good deal.

It's normally worth paying a rather significant chunk of money to get bad blood out of your group *today* rather than 6 months from now. And people will generally sign agreements for remarkably low amounts of cash.

-a


While I take it at face value you are describing situations where the employee in question was worthy of dismissal and while (having been in a UAW clerical local at a University) I have seen some unbelievably screwed up union behavior I have also seen some of the most offensive management behavior towards employees for purely selfish personal reasons related to specific supervisors. You made me recall this because I have actually seen the tactic of setting someone up over a few months to build a case for firing them when the workers were as good as the rest of us. In those cases the union was a very good thing.

Of course I also know a worker in the same department I used to work in who has finally alienated even the union with his crackhead behavior, but only after 10 years of self destructive behavior. With all that the union was supposed to be there with and for the employee (EAP etc, etc, etc) both they and some of management ended up being enablers of very bad behavior in the long run mostly out of fear of the consequences one way or another of insisting on better employee conduct.

Besides the pay package/benefits status quo defense the union engages in the part I saw the most utility from the union was when someone ran into supervisor problems. The union could be used to deliver the message (which you can't do directly or you will get fired) that while the employees had duties to perform, the supervisors had something akin to a fiduciary responsibility to the work place and the employees to make it conducive to the employees performing their duties. When put that way and delivered through the union most supervisors stop making the workplace about some "personal" get the employee venue.

I think the purpose of unions is today still valid (esp. in less tech skills areas) but they can't be measured against the value and function of unions as when they were getting established back in the days of people like Walter Reuther (http://www.reuther.wayne.edu/exhibits/wpr.html) and when Henry Ford had Bennett (http://www.freep.com/money/autonews/harry2_20030602.htm) breaking kneecaps... and worse.

RBW


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