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Workplace Bullying and Union Involvement

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Workplace bullying and union involvement

Introduction
Bullying is all around us. We’ve seen it on the school playgrounds as children all the way through to the companies which we are employed. I’m sure at some point in our lives we ourselves have fallen victim to bullying or have even the person doing the bullying. Unfortunately, bullying is an increasing problem within the organization. To date, there are approximately 54 million people out there who have been victims to workplace bullying; of which, 45 percent suffer from various health problems due to stress and 40 percent were either fired because their work productivity diminished or they eventually quit because they couldn’t handle it anymore (Bennett-Alexander, 2012). Since bullying is such a common offense, it is often difficult to detect. This briefing will provide information about the problem, guidance on how to tackle it before it gets out of control, and what to include in an effective prevention policy and how to put it into action.
What is bullying? The Occupational Safety and Health Administration (OSHA) classified workplace bullying not only as a form of harassment; they also gave bullying its own category under their definition of workplace violence (“Workplace violence”, n.d.). If not dealt with immediately, the bullying has the potential to lead into something more severe or fatal.
Bullying is not just an employment problem; it’s an issue of power and feeling dominant. It can also raise health and safety concerns. With the introduction of relevant policies and gaining the support of its members, any organization can prevent a culture of bullying. OSHA’s description of bullying involves unwanted physical contact, public humiliation, name-calling, starting rumors about a fellow employee, making another employee feel unwanted or invisible, and the malicious teasing of another employee (“Workplace violence”, n.d.). The Workplace Bullying Institute (2014, March), which is committed to preventing workplace bullying, has provided the following points: * Bullies are compelled to make their victims feel insecure because the bullies are jealous. * Bullies may withhold important work-related information from their victim in order to make the victim look bad in front of the boss. * Bullies may bring other coworkers into the mix, especially if those other coworkers are also jealous of the victim. * Workplace bully can be compared to that of a domestic violence abuser; accept the bully is getting paid to make another person feel humiliated.
The impact of workplace bullying Workplace bullying takes a serious toll on the victim. It not only affects them personally; but, it can also affect the business. Employees who experience bullying are likely to develop physical and mental health problems such as insomnia, stress, anxiety, depression, high blood pressure, and even suicide (Menendez & Dillon, 2012). These health problems could lead to other problems on the job such as low productivity, increased absenteeism, and relationship troubles with other coworkers (Menendez & Dillon, 2012). Just take a look at the Miami Dolphins. The team is currently being investigated by the heads of the NFL and the NFLPA (National Football League Players’ Association) which is the union for the players for the most public claim of workplace bullying (Volpe & Reiter, 2013). Jonathan Martin left the Dolphins and the NFL altogether because he couldn’t tolerate the harassment/bullying by his teammate Richie Incognito anymore. Because of Martin’s allegations and claims, Incognito is on an indefinite suspension and the Dolphin’s organization can face serious legal actions if the claims are proven to be true. The financial fallout for employers is immeasurable. The cost of workplace bullying has often been compared to that of sexual harassment because they both have similar characteristics when it comes to time, productivity, and turnover. According to the training slides from the University of South Florida (2000), the cost of sexual harassment for a Fortune 500 company was $6.7 million per year. Quite often, bullying crosses the line into harassment especially when the bullying involves a male and a female (Corney, 2008). For example, a male superior may bully a female subordinate into having sexual relations by making threats to fire her if she doesn’t agree to partake. In a situation such as this, the female subordinate may be one a top salesperson within the company. Since she felt threatened and scared because she didn’t want to give in to her boss, she decided to leave the company; therefore, the company has potentially lost large amounts of revenue because their top salesperson is no longer there. Along with increased turnover, businesses are faced with an increased cost of downtime due to a lack of motivation on the part of the employee to their best. If there isn’t any motivation, the employee will often call out sick because they are stressed. Workplace bullying even has an effect on the bully. The bully becomes less innovative because the bully is more interested in picking on his or her victim instead of thinking of ways to increase business and the vice-versa for the victim. The company itself may have a difficult time hiring new employees due to a bad reputation for having a hostile work environment.
Union and Management teaming up to prevent workplace bullying Since it is the top priority for labor unions to protect their employees, it should be pertinent that they build into each and every bargaining agreement a clause that will protect the employees from being subjected to any form of workplace bullying. Whether the bullying is a result of management or from other coworkers, it is very important to look out for every employee. Unfortunately, labor unions in the United States aren’t as in tune to providing protection against bullying as other countries. Therefore, we will take a look at how unions in other countries such as Australia and the United Kingdom have managed to protect their unionized employees from workplace bullying. First, the unions should negotiate with management during the bargaining process for provisions that would protect their members against situations such as an abusive supervisor or coworker (Yamada, 2009). This provision should include a clear process for union members to assert any complaints of bullying and reassurance that any retaliation against the complainant is prohibited. Secondly, if a collective bargaining agreement is already in place, the general substantive and procedural rights in the agreement may provide enough legal protection needed to protect a bullied union member (Yamada, 2009). In other words, whenever there is an existing bargaining agreement in place that does not contain a special clause regarding any form of workplace violence, the bullied union member has the ability to file a grievance using their procedural rights which is their basic right to “life, liberty, or property without due process of law” (Williams, 2010, p. 419). Again, we could use the NFLPA as an example in this situation. The bargaining agreement between the players and the NFL may not have a policy against bullying; however, there might be a clause pertaining to Title VII discrimination. One of the claims made by Martin because he is biracial is that Incognito had made a couple of racial remarks and sexual comments (Volpe & Reiter, 2013). These types of claims are protected under Title VII, which means that Martin has a procedural right to file such claims. Thirdly, unions can protect their members by training their shop stewards to identify and resolve grievances involving bullying. Once the shop stewards have completed their training, they in turn can hold anti-bullying training classes with union members. These training classes will be able to point out the warning signs of a potential bully to its members.
Legislation and the anti-bullying campaign
Since workplace bullying is not a part of the Title VII discrimination laws, one final way unions can help protect their members is to stand behind legislature in the enactment of anti-bullying laws such as the Healthy Workplace Bill (Yamada, 2009). According to the Society of Human Resource Managers, only twenty-five states have passed laws against workplace bullying since 2003; whereas, most of the European nations have had some type of law in place since 1994 (Maurer, 2013). So, it would be suitable for federal and state legislatures to pass similar laws that would allow both non-union and union workers to sue for such acts of violence. One such bill was mentioned above. The Healthy Workplace Bill was originally crafted by David Yamada, a law professor at Suffolk University, as part of the Healthy Workplace Campaign, which began in California back in 2002 (Maurer, 2013).
Various countries have different laws established to protect employees from workplace bullying. One example is a case from 2006 involving Deutsche Bank Group Services (UK) Ltd and Helen Green (“Bullied worker”, 2006). Ms. Green worked as an assistant secretary from 1997 to 2001; and, be the end of her employment at the bank had filed several claims of being bullied by colleagues and stated that her bosses had shown a lack of support (“Bullied worker”, 2006). She claimed that she had suffered severe mental anguish while working in the bank's secretariat pool. In the end, the judge ruled in favor of Ms. Green and ordered Deutsche Bank to pay £35,000 for her troubles, £25,000 for her inability to return to work, £128,000 for back wages, and another £640,000 for any wages lost in the future (“Bullied Worker”, 2006). As a result, Deutsche Bank Group Services (UK) Ltd spent approximately £800,000 for the bullying within the company (“Bullied worker”, 2006).
Workplace bullying is a global problem, and there are many anti-bullying laws enacted in different countries. These laws force employers to prevent or correct bullying. The anti-bullying laws in Britain, which is the country that coined the term "workplace bullying”, are more extensive than the anti-bullying laws in the United States. Other countries that have strong anti-bullying laws are Ireland, France, Canada, and Sweden (Healthy workplace bill, 2014). It is a duty for companies to provide a safe work environment for all employees. Otherwise, the company will end up spending large amounts of money to make up for their mistakes.
Conclusion
When we assess the reasons for and the significance of bullying, we gain a better understanding of the misguided behavior within the workplace and how companies can make it their mission to develop effective policies that declare workplace bullying unacceptable. Workplace bullying is a serious problem that should not be dealt with lightly for the sake of the victim and the employer. If you see someone getting bullied at work, don’t keep quiet about the circumstances. Turn the bully in before they destroy a person’s life. Remember, if you were the one being bullied, you would want someone to stand up for you.

Additional Recommended Reading
Beirne, M., & Hunter, P. (2013). Workplace bullying and the challenge of pre-emptive management. Personnel Review, 42(5), 595-612. doi:10.1108/PR-07-2012-0105
It questions current ways of tackling workplace bullying and the effectiveness of policy making within an organization.
Bruce, M. A. (2011). Workplace Violence: Awareness, Prevention, and Response. Public Personnel Management, 40(4), 293.
This article presents the results of a study on the significance of employee training, background checks, and the lack of follow through by supervisors when it comes to workplace violence.
Vandekerckhove, W., & Commers, M. (2003). Downward Workplace Mobbing: A Sign of the Times?. Journal of Business Ethics, 45(1/2), 41-50.
This paper describes the phrase downward workplace mobbing as a form of bullying in which superiors intentionally and repeated abuse their subordinates.

References
Bennett-Alexander, D. D., & Hartman, L. P. (2012). Employment law for business (7th ed.). New York, NY: McGraw-Hill Companies, Inc.
Corney, B. (2008). Aggression in the workplace: A study of horizontal violence utilizing Heideggaerian hermeneutic phenomenology. Journal of Health Organization and Management, (22)2, 164-177.
Bullied city worker wins £800,000. (2006, August 1). BBC (UK) News. Retrieved from http://news.bbc.co.uk/2/hi/5234378.stm
Healthyworkplacebill.org (2014). The international legislative movement. Retrieved from http://healthyworkplacebill.org/international.php
Maurer, R. (2103). Workplace-bullying laws on the horizon?. Retrieved from http://www.shrm.org/hrdisciplines/safetysecurity/articles/Pages/Workplace-Bullying-Laws.aspx
Menendez, C., & Dillon, B. L. (2012). Workplace violence: Impact, causes, and prevention. Work, 42(1), 15-20.
U.S. Department of Labor, Occupational Safety and Health Administration. (n.d.). Preventing workplace violence: facilitator’s notes. Retrieved from https://www.osha.gov/dte/grant_materials/fy10/sh-20839-10/work_violence_facilitator_guide.pdf
University of South Florida (2000). Sexual harassment awareness training [PowerPoint slides]. Retrieved from http://usfweb2.usf.edu/eoa/sexualharassment.asp
Volpe, M. J., & Reiter, N. M. (2013). Takeaways from the Miami Dolphins’ locker room: The legal risks of workplace bullying. Retrieved from http://www.shrm.org/hrdisciplines/safetysecurity/articles/pages/miami-dolphins-workplace-bullying.aspx
Williams, R. C. (2010). The one and only substantive due process clause. Yale Law Journal, 120(3), 408-512.
Workplace Bullying Institute. (2014, March). The WBI definition of workplace bullying. Retrieved from http://www.workplacebullying.org/individuals/problem/definition/
Yamada, D.C. (November, 2009). The role of labor unions and collective bargaining in combating workplace bullying. Paper presented at the 2009 Work, Stress, and Health Conference, San Juan, Puerto Rico. Abstract retrieved from http://newworkplace.wordpress.com/free-articles/

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