Management rights: A topological survey of the terrain

Bruce Fortado
  • Employee Responsibilities and Rights Journal, December 1991, Springer Science + Business Media
  • DOI: 10.1007/bf01385034

What is it about?

The traditional "competing rights" view has long supported managerial reserved rights and zipper clauses. Instead of fearing a slow erosion over time, a tidal ebb and flow in management rights has taken place due to technological, legal and judicial developments. Based on fifty managerial interviews that dealt with selection, day-to-day relations and grievance situations, a new more reciprocal view of management and employee rights is inductively developed.

Why is it important?

In the 1970s and 80s, many managers sought out more information in the selection process. The use of drug tests, electronic searches and background investigations raised issues about what the proper bounds should be and whether higher level jobs merit greater scrutiny. The movement in day-to-day relations toward greater involvement brought with it the need to communicate more information and provide greater discretion. When grievance situations arose, some managers have recently tried to quickly solve problems informally. This stands in contrast to the historic focus that was placed on formal processes where there were winners and losers. This exploratory study suggests thinking in terms of reciprocal management and employee rights involves adopting a quite different orientation.

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The following have contributed to this page: Professor Fortado Bruce