Module 1 - Case

Whistle Blowing, Negotiating, and HR Law

Assignment Overview

Whistle Blowing

Being a whistle-blower in an organization takes both courage and confidence. Unfortunately, many employees fear retaliation if they were to report a questionable practice. Despite the increasing legal protections, retaliation rates remain high, according to the National Business Ethics Survey. “Twenty-one percent of U.S. workers who reported misconduct said they experienced retaliation, up from 12 percent in 2007” (Meinert, 2014, p. 62). The Sarbanes-Oxley (SOX) Act was enacted in 2002 as Congress’ response to corporate scandals at Enron and WorldCom. Most of the Act focuses on financial reporting and internal control requirements for publicly traded companies, but Congress also included provisions to protect insiders who report questionable practices. “In March 2014, the Supreme Court dramatically increased the number of companies that could be sued for retaliation against those who blow the whistle on securities fraud” (Meinert, 2014, p. 60). According to Barnett (1992), “Some say that whistleblowers are noble characters, willing to sacrifice personally and professionally to expose organizational practices that are wasteful, fraudulent, or harmful to the public safety. Others suggest that whistleblowers are, by and large, disgruntled employees who maliciously and recklessly accuse individuals they feel have wronged them in order to attain their own selfish goals.” As such, HR managers and professionals need to focus on creating an ethical culture that promotes transparency and accountability and where whistle blowing is encouraged and rewarded when the information benefits the organization. Furthermore, a policy must be drafted that states the protocol for whistle blowing. Many organizations have invested in a third-party whistle-blowing hotline where employees can call anonymously and discuss their concerns. By having a whistle-blowing policy, all employees of an organization will know that their decisions may result in disciplinary actions and/or termination.

Case Assignment

Drawing on the material in the background readings and doing additional research, please prepare a 3- to 4-page paper (not including the cover and reference pages) in which you:

• Research and discuss the history of whistle blowing.
• Why do you believe whistle blowing can be difficult for most employees in organizations?
• How does whistle blowing impact the culture of an organization?
• As an HR Manager, how would you promote whistle blowing in your organization?
• In your organization, is it better to be a whistle-blower or follow the status quo? Explain why.

Assignment Expectations

Your paper will be evaluated on the following points:

• Precision: Does the paper address the question(s) or task(s)?
• Clarity: Is the writing clear and are the concepts articulated properly? Are questions answered primarily through paraphrasing and synthesis of concepts, or is there excessive use of quotations? Are headings included in all papers longer than 2 pages?
• Breadth: Is the full breadth of the subject addressed?
• Depth: Does the paper address the topic in sufficient depth?
• Grammar, spelling and vocabulary: Is the paper well written? Are the grammar, spelling, and vocabulary suitable to graduate-level work?
• Referencing (citations and references): Does the paper use citations and quotation marks when appropriate?
• Critical thinking: Is the subject thought about critically, (i.e., accurately, logically, relevantly, and precisely)?

References:

Meinert, D. (2014). Are you listening? HR Magazine, June 2014 Issue.

Barnett, T. (1992). Why Your Company Should Have A Whistleblowing Policy.Sam Advanced Management Journal, Autumn, 1992, pp. 37–42.

Module 1 - SLP

Whistle Blowing, Negotiating, and HR Law

Negotiating

The art of negotiating is important for all employees and especially for HR managers and professionals. HR personnel are involved in many negotiations such as allocating salaries and bonuses, implementing policies, and determining procedures. There are two main methods of negotiating: (1) Distributive and (2) Integrative. Distributive bargaining is the approach to bargaining or negotiation that is used when the parties are trying to divide something up—distribute something. It contrasts with integrative bargaining in which the parties are trying to make more of something. A practical example of distributing bargaining is when purchasing a vehicle from a dealership that is trying to profit as much as possible. In distributive bargaining, it's best to keep information to yourself while trying to get information out of the other party. An integrative bargaining situation occurs when it's possible to produce a greater outcome together than either party could reach on his or her own. During integrative bargaining, it is important to determine the priorities of all parties involved. As a practical example, when dealing with Labor Unions, it is recommended for managers to use an integrative bargaining approach, but unfortunately many managers use a distributive bargaining approach, which results in impasse, employee strikes, and wasting an organization’s time and resources.

Negotiating Approaches

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