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viii CONTENTS IN BRIEF

Appendix E EEO Enforcement 591


Appendix F Preemployment Inquiries 595
Appendix G Sample HR-Related Job Descriptions 599

Glossary 601
Author Index 609
Subject Index 615

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ix

Contents

Preface xxv

S E C T I O N 1

Environment of Human Resource Management 1


CHAPTER 1 Current and Future HR Management
Human Resource Management Challenges 16
in Organizations 2 Organizational Cost Pressures
and Restructuring 16
HR Headline: The Challenges and Crises Economics and Job Changes 16
Facing HR Management 3 Globalization of Organizations
and HR 19
Human Resources as Organizational Core Workforce Demographics and
Competency 4 Diversity 20
Human Capital and HR 5 HR Technology 21
HR Functions 5 HR Online: Wikis, Blogs, Twitters,
HR Management’s Contributing Role 7 and HR 22
Organizational Culture and HR 7 Measuring HR Impact through Metrics 23
Organizational Productivity 9 Managing HR in Organizations 23
Social Responsibilities and HR 10
Smaller Organizations and HR
HR Perspective: “Growing Green” Management 23
in HR 11 HR Cooperation with Operating and Line
Managers 24
Customer Service and Quality Linked to
HR 11 How HR Is Seen in Organizations 24
Employee Engagement and HR HR Management Roles 25
Culture 12
Administrative Role of HR 26
Organizational Ethics and HR Operational and Employee Advocate
Management 12 Role for HR 27
Ethical Behavior and Organizational Strategic Role for HR 27
Culture 13
HR Management Competencies and
HR Best Practices: Cisco Makes Careers 28
Global Ethics Important and Fun 14 HR Competencies 28
Ethics and Global Differences 14 HR Management as a Career Field 28
HR’s Role in Organizational Ethics 15 HR Professionalism and Certification 29

ix

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x CONTENTS

Summary 31 Global Staffing 49


Critical Thinking Activities 32 HR Planning in Mergers and
Acquisitions 50
HR Experiential Problem Solving 32
Before the Deal 50
Case: HR, Culture, and Business During Integration 51
Results Success at Google, Scripps,
and UPS 33 Post Integration 52

Supplemental Cases: Phillips Furniture;


Sysco 34 HR Perspective: Dow’s Formula
for Successful Acquisitions 52
Notes 34
Strategic Challenges 53
Managing a Talent Surplus 54
CHAPTER 2
Legal Considerations for Workforce
Strategic HR Management Reductions 55
and Planning 36 Managing a Talent Shortage 56
Technology Challenges 57
HR Headline: Strategic Utilization
of Talent Benefits Health Care Effects on Work and
Organizations 57
Organization 37
Effects on Communication 58
Strategic Planning 38
Strategy Formulation 39 HR Perspective: Verizon Engages
Employees via Web Portal 59
HR as Organizational Contributor 41
Effects on Work Processes 59
High-Performance Work Practices 42 Effects on HR Activities 60
HR Effectiveness and Financial
Performance 43 Measuring Effectiveness of HR
Initiatives 61
Environmental Analysis 43
HR Metrics 61
HR and Benchmarking 63
HR Perspective: Numbers Add Up HR and the Balanced
for IBM 44 Scorecard 63
Internal Environmental Analysis 44 Human Capital Effectiveness
External Environmental Analysis 45 Measures 64
HR Audit 66
HR Best Practices: NASA Launches Summary 66
Workforce Realignment 47
Critical Thinking Activities 67
Global Competitiveness and Strategic HR Experiential Problem
HR 48 Solving 67

Global Framework 48 Case: Pioneers in HR Analytics 68


Global Legal and Regulatory Supplemental Cases: Where Do You
Factors 48 Find the Bodies?; Xerox 69
Offshoring 49 Notes 69

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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CONTENTS xi

CHAPTER 3 Who Is Disabled? 90


Equal Employment Opportunity 72 Genetic Bias Regulations 91
Managing Disabilities in the
HR Headline: Sexual Harassment at the Workforce 92
United Nations 73
HR On-the-Job: ADA and Employment
Nature of Equal Employment Opportunity Questions 93
(EEO) 74
Age and Equal Employment
Disparate Treatment 75 Opportunity 94
Disparate Impact 75
Age Discrimination in Employment Act
Equal Employment Opportunity Concepts 76 (ADEA) 95
Progressing Toward Equal Employment Older Workers Benefit Protection Act
Opportunity 77 (OWBPA) 95
Managing Age Discrimination 95
HR Perspective: “Officer Dirt” 78
Religion and Spirituality in the
Race/Ethnic/National Origin 78 Workplace 96
Civil Rights Act 1964, Title VII 78 Managing Religious Diversity 96
Executive Orders 11246, 11375, and 11478 79 Managing Other Discrimination Issues 97
Civil Rights Act 1991 79
Immigration Reform and Control Acts
Managing Racial and National Origin (IRCA) 97
Issues 79
Language Issues 98
Affirmative Action 80
Military Status and USERRA 98
Managing Affirmative Action
Requirements 81 Sexual Orientation 99
Appearance and Weight Discrimination 99
Sex/Gender Discrimination Laws
and Regulations 82 HR Perspective: Discrimination against
Pregnancy Discrimination 82 “Caregivers” 100
Equal Pay and Pay Equity 83 Family Responsibility Discrimination (FRD) 100
Sexual Harassment 83
Diversity Training 100
Managing Sex/Gender Issues 84
Individuals with Differing Sexual Components of Traditional Diversity
Orientations 86 Training 101
Nepotism 86 Mixed Results for Diversity Training 101
Consensual Relationships and Romance Backlash against Diversity Training
at Work 86 Efforts 101
Dealing with Sexual Harassment 87 Summary 102
Types of Sexual Harassment 88 Critical Thinking Activities 102
Employer Responses to Sexual
HR Experiential Problem Solving 103
Harassment 88
Harassment Likelihood 89 Case: Religious Accommodation? 103
Supplemental Cases: Keep on Trucking;
Individuals with Disabilities 90 Mitsubishi Believes in EEO—Now 104
Americans with Disabilities Act (ADA) 90
Notes 104

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xii CONTENTS

S E C T I O N 2

Jobs and Labor 107


CHAPTER 4 Preparing for and Introducing the Job
Workers, Jobs, and Job Analysis 129
Conducting the Job Analysis 129
Analysis 108 Developing Job Descriptions and Job
Specifications 129
HR Headline: Work-Life Balancing 109 Maintaining and Updating Job Descriptions
and Job Specifications 129
Workforce Composition 110
Job Analysis Methods 129
Business Contribution of Diverse
Workers 110 Observation 130
Race and Ethnicity 111 Interviewing 130
Questionnaires 130
HR Best Practices: Resolving Language Computerized Job Analysis Systems 131
Barriers Pays Off 112 Combination Methods 131
Generational Differences 113 HR Online: O*Net Resources
Gender Workforce Diversity 113 for Employers 132
Nature of Jobs and Work 114 Job Analysis and O*Net 132
Work Flow Analysis 114 Behavioral and Legal Aspects of Job
Job Design 116 Analysis 133

Workers and Job Design 117 Current Incumbent Emphasis 133


Common Approaches to Job Design 118 “Inflation” of Jobs and Job Titles 133
Characteristics of Jobs 118 Employee and Managerial Anxieties 133
Using Worker Teams in Jobs 119 Legal Aspects of Job Analysis 134

Jobs and Work Scheduling 121 Job Descriptions and Job Specifications 135

Telework 121 HR On-The-Job: Writing Job


Work Schedule Alternatives 122 Descriptions 136
Job Descriptions 136
HR Perspective: Global Work Schedule Job Specifications 136
Differences 123 Performance Standards 136
Work Flexibility and Scheduling 124 Job Description Components 137
Summary 139
Job Analysis 124
Critical Thinking Activities 139
Purposes of Job Analysis 125
Job Analysis Responsibilities 126 HR Experiential Problem Solving 139
Task-Based Job Analysis 126 Case: ROWE and Flexible Work and Success at
Competency-Based Job Analysis 127 Best Buy 140
Supplemental Cases: The Reluctant Receptionist;
Implementing Job Analysis 128 Jobs and Work at R.R. Donnelley 141
Planning the Job Analysis 128 Notes 141

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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CONTENTS xiii

CHAPTER 5 Drivers of Retention 164


Human Resource Planning HR Perspective: Global Retention 166
and Retention 144
Managing Retention 168
HR Headline: Need More Workers? 145 Retention Assessment and Metrics 168

Human Resource Planning 146 HR On-the-Job: Conducting Exit


Organizational Size and HR Planning 146 Interviews 170
Retention Evaluation and Follow-Up 170
HR Best Practices: Effective HR Planning
for Workforce Future 147 Summary 171
HR Planning Process 147 Critical Thinking Activities 171

Assessing the External Workforce 148 HR Experiential Problem Solving 172


Economic and Governmental Factors 149 Case: Accenture—Retaining for Itself 172
Competitive Evaluations 149 Supplemental Cases: The Clothing Store;
Changing Workforce Considerations 149 Alegent Health 173
Assessing the Internal Workforce 150 Notes 173
Current and Future Jobs Audit 150
Employee and Organizational Capabilities
Inventory 150 CHAPTER 6
Recruiting and Labor
HR Online: Technology Expanding Employee
Skills Database 151
Markets 176

Forecasting HR Supply and Demand 152 HR Headline: Passive Recruiting Becomes


Active 177
Forecasting Methods and Periods 152
Forecasting the Demand for Human Recruiting 178
Resources 153
Forecasting the Supply of Human Strategic Recruiting and HR Planning 178
Resources 153 Training of Recruiters and Managers 179

Individual Workers and Organizational Labor Markets 179


Relationships 155 Labor Market Components 180
Psychological Contract 155 Different Labor Markets and Recruiting 181
Individual Employee Performance and Strategic Recruiting Decisions 183
Motivation 156
Nature of Job Satisfaction 158 Recruiting Presence and Image 183

Employee Turnover 159 HR Best Practices: Effective Recruitment


Types of Employee Turnover 160 at USDA 184
Measuring Employee Turnover 161 Organization-Based versus Outsourced
HR Metrics: Determining Turnover Costs 162 Recruiting 184
Regular versus Flexible Staffing 185
Retention of Human Resources 163
Recruiting and EEO: Diversity
Myths and Realities about Retention 163 Considerations 186

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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xiv CONTENTS

Realistic Job Previews 188 General Recruiting Process Metrics 205


Recruiting Source Choices: Internal versus Increasing Recruiting Effectiveness 207
External 188
Summary 208
Internet Recruiting 188 Critical Thinking Activities 208
E-Recruiting Means 188 HR Experiential Problem Solving 208
Recruiting and Internet Social
Case: Recruiting at Kia 209
Networking 189
Supplemental Cases: Northwest State College;
HR On-the-Job: Effective Recruiting Using Enterprise Recruiting 210
an Employer Website 190 Notes 210
Recruiting Using Special Technology
Means 190 CHAPTER 7
Legal Issues in Internet Recruiting 191
Advantages of Internet Recruiting 192
Selecting Human Resources 212
Disadvantages of Internet Recruiting 193
HR Headline: Using Virtual Worlds for
External Recruiting Sources 193 Selection 213
Media Sources 193
Selection and Placement 214
Competitive Recruiting Sources 195
Employment Agencies 195 Placement 214
Labor Unions 195 Selection, Criteria, Predictors, and Job
Performance 215
HR Perspective: Outplacement Firms as Validity 216
Recruiting Sources 196 Combining Predictors 218
Job Fairs and Creative Recruiting 196 Selection Responsibilities 218
Educational Institutions and Recruiting 197 The Selection Process 219
HR On-the-Job: Internships as a Part of Applicant Job Interest 220
College Recruiting 198 Preemployment Screening 221

Internal Recruiting Methods 198 HR Perspective: Cheating on Electronic


Internal Recruiting Databases and Internet- Assesments 222
Related Sources 199 Application Forms 222
Job Posting 200 Immigration Verification 225

HR Perspective: Enhancing Opportunities Selection Testing 225


for Internal Promotion 201 Ability Tests 226
Employee-Focused Recruiting 201 Personality Tests 227
Honesty/Integrity Tests 228
Recruiting Evaluation and Metrics 202 Controversies in Selection Testing 228
Evaluating Recruiting Quantity and
Quality 203 Selection Interviewing 229
Evaluating Recruiting Satisfaction 204 Inter-Rater Reliability and Face Validity 229
Evaluating the Time Required to Fill Structured Interviews 230
Openings 204 Less-Structured Interviews 231
Evaluating the Cost of Recruiting 205 Who Conducts Interviews? 232

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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CONTENTS xv

Effective Interviewing 232 Selection Process for Global Assignments 239


Problems in the Interview 234
Legal Concerns in the Selection Process 240
HR Perspective: Common Interview Defining Who Is an Applicant 240
Mistakes 235 Applicant Flow Documentation 241
Selecting for “Soft Skills” 241
Background Investigations 235
Summary 241
Negligent Hiring and Retention 235
Legal Constraints on Background Critical Thinking Activities 242
Investigations 236 HR Experiential Problem Solving 242
Medical Examinations and Inquiries 237
Case: Full Disclosure on Sex Offenders? 243
References 237
Making the Job Offer 238 Supplemental Cases: Strategic Selection: A
Review of Two Companies; Selecting
Global Staffing Issues 238 a Programmer 243
Types of Global Employees 238 Notes 244

S E C T I O N 3

Training and Development 247


CHAPTER 8 HR On-the-Job: Planning for New Employee
Training Human Resources 248 Orientation 258
Evaluating Orientation and Metrics 259
HR Headline: China’s Need for Training 249
Training Needs Assessment 260
Training and HR 250 Analysis of Training Needs 260
Training Categories 250 Establishing Training Objectives
Legal Issues and Training 251 and Priorities 262

Organizational Strategy and Training 252 Training Design 263


Strategic Training 252 Learner Characteristics 263
Organizational Competitiveness and Instructional Strategies 265
Training 253 Transfer of Training 266

HR Perspective: Business Education Training Delivery 266


at Work 255 Internal Training 267
Training for Global Strategies 256
HR Perspective: Cross Training “Universal
Global Assignment Training 256 Agents” 269
Intercultural Competence Training 256
External Training 270
Planning for Training 257 Combination Training Approaches 271
Orientation: Planning for New Employees 258 E-Learning: Online Training 272

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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xvi CONTENTS

HR Perspective: Simulations and Games 273 HR On-the-Job: Handling Global


Dual-Career Situations 301
Training Evaluation 274
Global Career Concerns 302
Levels of Evaluation 275
Training Evaluation Metrics 276 Developing Human Resources 303
Training Evaluation Designs 277 Possible Development Focuses 303
Development Needs Analyses 304
Summary 278
HR Development Approaches 305
Critical Thinking Activities 279
Job-Site Development Approaches 306
HR Experiential Problem Solving 279
Off-Site Development Approaches 307
Case: 21st-Century Onboarding 279 Learning Organizations and
Development 308
Supplemental Cases: Training Crucial for Hotels;
New Payroll Clerk 280 Management Development 309
Notes 280 Supervisor Development 310
Leadership Development 311
Problems with Management Development
CHAPTER 9 Efforts 313
Talent Management 282 Summary 314
Critical Thinking Activities 314
HR Headline: How Top Companies
HR Experiential Problem Solving 314
Develop Stars 283
Case: Leadership Leverage 315
Talent Management in Perspective 284
Supplemental Cases: Equipping for the Future;
Talent Management “Systems” 285 Developed Today, Gone Tomorrow 316
Scope of Talent Management 286
Notes 316
HR Perspective: Groundbreaking Talent
Management Programs 286
Succession Planning 288
CHAPTER 10
Succession Planning Process 288
Succession Planning Decisions 290
Performance Management
Benefits of Formal Succession and Appraisal 318
Planning 292
HR Headline: Performance Management
Careers and Career Planning 293
Does Not Focus Enough on Ethics 319
Changing Nature of Careers 293
Organization-Centered Career The Nature of Performance
Planning 294 Management 320
Individual-Centered Career Planning 295 Global Cultural Differences in Performance
Career Progression Considerations 296 Management 322
Career Transitions 298 Performance-Focused Organizational
Cultures 323
Common Individual Career Issues 299
Technical and Professional Workers 299 Identifying and Measuring Employee
Women and Careers 300 Performance 324
Dual-Career Couples 300 Types of Performance Information 325

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

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CONTENTS xvii

HR Perspective: Behaviors or Results . . . Graphic Rating Scales 339


Why Not Both? 326 Comparative Methods 343
Relevance of Performance Criteria 327 Narrative Methods 345
Performance Standards 327 Management by Objectives 345
Performance Metrics in Service Businesses 328 Combinations of Methods 346

Performance Appraisals 329 Training Managers and Employees


in Performance Appraisal 346
Uses of Performance Appraisals 329
Rater Errors 347
HR Online: Using Technology to Enhance Appraisal Feedback 349
Performance Appraisals 331
Appraisal Interview 349
Decisions about the Performance Appraisal Feedback as a System 350
Process 332
Reactions of Managers 351
Legal Concerns and Performance
Reactions of Appraised Employees 351
Appraisals 334
Effective Performance Management 351
HR On-the-Job: Elements of a Legal
Performance Appraisal System 334 HR Best Practices: Calibration Is the
Key to Better Employee Evaluations
Who Conducts Appraisals? 335 and Performance Management 352
Supervisory Rating of Subordinates 335 Summary 352
Employee Rating of Managers 336 Critical Thinking Activities 353
Team/Peer Rating 336 HR Experiential Problem Solving 353
Self-Rating 337 Case: Building Performance Management
Outsider Rating 337 through Employee Participation 354
Multisource/360-Degree Feedback 337 Supplemental Cases: Performance Management
Improvements for Bristol-Myers Squibb;
Tools for Appraising Performance 339 Unequal/Equal Supervisors 354
Category Scaling Methods 339 Notes 355

S E C T I O N 4

Compensation 357
CHAPTER 11 HR Best Practices: Using Rewards
Total Rewards to Effectively Develop Talent 364
and Compensation 358 HR Metrics for Compensation 365
Compensation Responsibilities 365
HR Headline: Rewarding Employees to Compensation System Design
Encourage Positive Behaviors 359 Issues 366
Nature of Total Rewards and Compensation Fairness
Compensation 360 and Equity 366
Types of Compensation 362 HR Perspective: Quantitative Techniques
Compensation Philosophies 362 Facilitate Compensation Management 367

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xviii CONTENTS

Market Competitiveness and CHAPTER 12


Compensation 368 Incentive Plans and Executive
Competency-Based Pay 369
Individual versus Team Rewards 370
Compensation 394
Global Compensation Issues 370
HR Headline: Variable Pay at Cox
Compensating Expatriates 371
Communications 395
Legal Constraints on Pay Systems 372
Fair Labor Standards Act (FLSA) 372 Variable Pay: Incentives for Performance 396
Independent Contractor Developing Successful Pay-for-Performance
Regulations 375 Plans 396
Acts Affecting Government
Contractors 375 HR Perspective: Awarding Points for Staff
Legislation on Equal Pay and Pay Efforts 398
Equity 376 Global Variable Pay 399
State and Local Laws 376 Metrics for Variable Pay Plans 399
Garnishment Laws 376 Successes and Failures of Variable Pay
Lilly Ledbetter Fair Pay Act 376 Plans 400
Three Categories of Variable Pay 401
Development of a Base Pay System 377
Valuing Jobs with Job Evaluation Individual Incentives 402
Methods 378 Piece-Rate Systems 402
Valuing Jobs Using Market Pricing 379 Bonuses 402
Pay Surveys 380 Special Incentive Programs 403

HR Online: Responding to Internet Pay Group/Team Incentives 404


Survey Data Questions 381 Design of Group/Team Incentive Plans 405
Group/Team Incentive Challenges 406
Pay Structures 382 Types of Group/Team Incentives 406
Pay Grades 383 Group/Team Incentives and Information
Pay Ranges 383 Sharing 408
Individual Pay 384 Organizational Incentives 408
Determining Pay Increases 386 Profit Sharing 408
Performance-Based Increases 386 Employee Stock Plans 409
Standardized Pay Adjustments 388 Sales Compensation 410
Summary 389 Types of Sales Compensation Plans 410
Critical Thinking Activities 389
HR Perspective: Ethical Concerns and Sales
HR Experiential Problem Solving 390
Compensation 411
Case: Pay for Performance Enhances
Sales Compensation Challenges 412
Employee Management at Scripps Health 390
Supplemental Cases: Compensation Executive Compensation 413
Changes at JC Penney; Scientific Turmoil 391 Elements of Executive Compensation 414
Notes 391 Global Executive Compensation 416

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CONTENTS xix

“Reasonableness” of Executive Severance Pay 438


Compensation 416
Health Care Benefits 438
HR Perspective: CEO Executives Increases in Health Benefits Costs 439
Overpaid? 417 Controlling Health Care Benefits
Summary 419 Costs 439
Critical Thinking Activities 419
HR Best Practices: Mini-Medical Plans
HR Experiential Problem Solving 420 on the Rise 441
Case: Sodexo Incentives 420 Consumer-Driven Health Plans 441
Supplemental Cases: Cash Is Good, Card Is Bad; Health Care Preventive and Wellness
Incentive Plans for Fun and Travel 421 Efforts 443
Notes 421 Health Care Legislation 444

Retirement Benefits 446


Social Security 446
CHAPTER 13 Pension Plans 446
Managing Employee Benefits 424 Pension Plan Concepts 448
Individual Retirement Options 448
HR Headline: Behavioral Economics Guides
Benefits Administration 425 Legal Requirements for Retirement
Benefits 449
Benefits and HR Strategy 426
Employee Retirement Income
Benefits as Competitive Advantage 427 Security Act 449
Role of Benefits for Workforce Attraction and Retiree Benefits and Legal
Retention 429 Requirements 450
Benefits Management and Retirement Benefits and Age
Discrimination 450
Communications 429
Benefits Design 429 Financial Benefits 451
HR and Benefits Administration 431 Insurance Benefits 451
HR Technology and Benefits 432 Financial Services 452
Benefits Measurement 432 Educational Assistance 452
Benefits Cost Control 433
Family-Oriented Benefits 453
Benefits Communication 433
Family and Medical Leave Act 453
HR Online: Using Online Technology to Family-Care Benefits 454
Combat Presenteeism 434 Measuring the Effectiveness of Family
Benefits 455
Types of Benefits 434 Benefits for Domestic Partners 455
Government-Mandated Benefits 435
Time-Off and Other Benefits 456
Voluntary Benefits 436
Holiday Pay 457
Security Benefits 437 Vacation Pay 457
Workers’ Compensation 437 Leaves of Absence 457
Unemployment Compensation 437 Paid-Time-Off Plans 458

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xx CONTENTS

Miscellaneous Benefits 458 Case: Strategic Benefits at KPMG


Canada 460
Summary 459
Supplemental Cases: Delivering Benefits;
Critical Thinking Activities 459 Benefiting Connie 460
HR Experiential Problem Solving 459 Notes 461

S E C T I O N 5

Employee Relations 465


CHAPTER 14 Safety Policies, Discipline, and
Risk Management and Worker Recordkeeping 484
Safety Training and Communication 484
Protection 466 Safety Committees 485
Inspection, Investigation, and Evaluation 485
HR Headline: $1.6 Million Fine When Young
Measuring Safety Efforts 486
Worker Suffocates 467
Employee Health 486
Current State of Health, Safety, Substance Abuse 486
and Security 468
Trends 469 HR Perspective: The “Company
Global Health, Safety, and Security 470 Doctor” 487
Emotional/Mental Health 488
Legal Requirements for Safety and
Health and Older Employees 489
Health 471
Smoking at Work 489
Worker’s Compensation 471 Health Promotion 489
American with Disabilities Act and Safety
Issues 473 Security Concerns at Work 491
Child Labor Laws 473 Workplace Violence 491
Occupational Safety and Health Act 474 Security Management 493
OSHA Enforcement Standards 475 Employee Screening and Selection 495
Security Personnel 495
HR On-the-Job: Hazard
Communication 476 Disaster Preparation and Recovery
Planning 495
Ergonomics and OSHA 477
Work Assignments and OSHA 478 Disaster Planning 495
OSHA Recordkeeping Requirements 479
HR Perspective: Disaster Plan Put to the
OSHA Inspections 479
Test 496
Critique of OSHA 481
Disaster Planning for Disease 497
Safety Management 482
Summary 498
Organizational Commitment and a Safety
Culture 482 Critical Thinking Activities 498

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CONTENTS xxi

HR Experiential Problem Solving 499 Workplace Monitoring 519


Case: Data Security 499 Employer Investigations 520
Substance Abuse and Drug Testing 521
Supplemental Cases: What’s Happened to Bob?;
Communicating Safety and Health Success 500 HR Policies, Procedures, and Rules 523
Notes 500 Employee Handbooks 523
Communicating HR Information 525

Employee Absenteeism 525


CHAPTER 15 Types of Absenteeism 525
Employee Rights and
HR Perspective: Effects of Tardiness on Work
Responsibilities 502 and Absenteeism 526
HR Headline: Technology Usage and HR Controlling Absenteeism 526
Policy Issues 503 HR Metrics: Measuring Absenteeism 528

Employee Discipline 528


Employer and Employee Rights and
Responsibilities 504 Reasons Why Discipline Might Not Be
Used 529
Contractual Rights 504
Effective Discipline 529
Implied Contracts 506
Approaches to Discipline 529
Discharge: The Final Disciplinary Step 531
HR Perspective: Employment Practices
Liability Insurance 507 HR On-the-Job: Termination
Procedure 532
Rights Affecting the Employment
Summary 533
Relationship 507
Critical Thinking Activities 533
Employment-at-Will (EAW) 508
Just Cause 510 HR Experiential Problem Solving 534
Due Process 510 Case: Dealing with Workplace Bullying 534
Work-Related Alternative Dispute Resolution Supplemental Cases: George Faces Challenges;
(ADR) 511 Employer Liable for “Appearance Actions” 535
Managing Individual Employee and Notes 535
Employer Rights Issues 513
Privacy Rights and Employee Records 513 CHAPTER 16
Employees’ Free Speech Rights 515
Union/Management Relations 538
HR Online: Ethical HR Issues on Blogs 516
HR Headline: Business versus Labor—Right
Technology and Employer/ Employee to Work Laws 539
Issues 517
Employee Rights and Personal Behavior Unions: Employee and Management
Issues 518 Perspectives 540
Balancing Employer Security and Employee Why Employees Unionize 540
Rights 519 Why Employers Resist Unions 541

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xxii CONTENTS

Unions Globally 542 Management Rights 561


International Union Membership 542 Union Security 562
Global Labor Organizations 542 Classification of Bargaining Issues 562

Collective Bargaining Process 563


HR Perspective: Unions in China 543
Preparation and Initial Demands 563
U.S. and Global Differences 543 Continuing Negotiations 563
Union Membership in the United States 544 Settlement and Contract Agreement 564
Bargaining Impasse 564
Reasons for U.S. Union Membership
Strikes and Lockouts 565
Decline 544
Public-Sector Unionism 547 Union/Management Cooperation 566
Union Targets for Membership Growth 547

Unions in the United States 548 HR Perspective: Union Helps Cut Costs
Historical Evolution of U.S. Unions 548 at Ford 567
Union Structure 549 Employee Involvement Programs 567
Unions and Employee Ownership 568
U.S. Labor Laws 550
Early Labor Legislation 550 Grievance Management 568
Wagner Act (National Labor Relations Grievance Responsibilities 569
Act) 551
Grievance Procedures 569
Taft-Hartley Act (Labor Management
Steps in a Grievance Procedure 569
Relations Act) 552
Landrum-Griffin Act (Labor Management Summary 570
Reporting and Disclosure Act) 554
Civil Service Reform and Postal Critical Thinking Activities 571
Reorganization Acts 554 HR Experiential Problem Solving 571
Proposed Legislation 555
Case: Teamsters and the Fraternal Order
The Unionization Process 555 of Police (FOP) 572
Organizing Campaign 555 Supplemental Cases: Wal-Mart and Union
Prevention; The Wilson County
Hospital 572
HR Perspective: Good Times,
Bad Times 557 Notes 573
Authorization Cards 558
Representation Election 558 APPENDIX A
Human Resource Certification
HR On-the-Job: Unionization Do’s and
Don’ts for Managers 559 Institute: PHR and SPHR Test
Certification and Decertification 560 Specifications 575
Contract Negotiation (Collective
Bargaining) 560
APPENDIX B
Collective Bargaining Issues 561 HR Management Resources 581

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CONTENTS xxiii

APPENDIX C APPENDIX G
Major Federal Equal Employment Sample HR-Related Job
Opportunity Laws and Descriptions 599
Regulations 585
Glossary 601
APPENDIX D
Uniform Guidelines on Employee Author Index 609
Selection 587
Subject Index 615

APPENDIX E
EEO Enforcement 591

APPENDIX F
Preemployment Inquiries 595

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5315X_00_fm_pi-xxxii.indd xxiii 20/07/10 6:26 PM


Preface

To reach a thirteenth edition is an honor for U.S. and Global Economics


a textbook and its authors. The authors of
Human Resource Management are gratified During the past few years, both in the United
that it has become the leader in both the States and worldwide, economic shifts have
academic market for human resource texts created major organizational impacts. Some
and in the market for human resource pro- em-ployers have closed operations or reduced
fessionals. their workforces, while others have increased
For academics, the book is a standard theirs. Many employers are expanding
in HR classes. It is also used to provide HR throughout the world and, as they do, differ-
knowledge as part of professional degree ent cultural considerations affect HR manage-
programs. For HR professionals, the book is ment. Rather than having a separate chapter
extensively used in the pursuit of HR profes- on global HR management, the coverage of
sional education and certifications, specifi- global issues has been integrated throughout
cally the PHR and SPHR from the Human the chapters and is indicated by a global icon.
Resource Certification Institute (HRCI).
In preparing the thirteenth edition of the Strategic HR Management
book, we have extensively reviewed the aca-
HR management in more and more com-
demic, governmental, and practitioner litera-
panies is becoming a part of organizational
ture published since the last revision. Further,
strategy decisions. To address strategic HR
we have asked academics and practitioners,
management, Chapter 2 has been signifi-
both those who use this book and those who
cantly revised and expanded to show why
do not, to provide input on the previous edi-
HR management is an important strategic
tion and what coverage should be added,
contributor to the success of the organization.
deleted, or changed. We have always been
In most chapters the topical connection
receptive to input from our adopters and
to strategy also is discussed. For example, the
reviewers and have made extensive use of
strategic natures of recruiting (Chapter 6),
their observations and ideas. Consequently,
talent management (Chapter 9), compensa-
we have reorganized some chapters, incor-
tion (Chapter 11), and benefits (Chapter 13)
porated relevant new topics, and updated
all consider the implications for strategy of
references so that readers can be certain that
decisions made in these areas.
they are getting the most current HR content
possible.
Measuring HR Effectiveness through
THE THIRTEENTH EDITION Metrics
Human resource management Closely related to strategic
and the organizations in which HR management is the need
it takes place are facing chal- to measure the value of HR
lenges from a changing envi- management activities. The out-
G L O B A L ronment. The thirteenth edition M E A S U R E put of HR must be justified to
reflects those challenges and as executives in organizations by
always suggests ways to deal with them. For using financial and other data. The value of
example, consider the following: HR management activities is measured by
xxv

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5315X_00_fm_pi-xxxii.indd xxv 20/07/10 6:26 PM


xxvi P R E FAC E

cost–benefit analysis, profit per employee, all affect HR management. Throughout the
new hire success, and similar metrics. Thus, chapters of this edition is a feature titled “HR
HR efforts can be justified financially and Online” that highlights how technology is
the value that HR management brings to the being used in HR. Also, many chapters cover
company’s goals can be documented. HR technology topics in the specific content
The thirteenth edition includes sections in areas.
most chapters called “HR Metrics” that iden- The Internet continues to be a valuable
tify how different activities can be measured. tool for HR professionals and affects a num-
A special metrics icon is used to identify this ber of HR activities. To provide immediate
content. links for readers, numerous “Logging On”
features have been incorporated throughout
Workforce Changes the text. This feature identifies websites that
contain useful sources of HR information
The demographics of workers in the United about topics being discussed and contains
States and globally are shifting. Diversity of specific Web address links. Also, references
employees based on ethnicity, aging, gender, from Web addresses are cited in the chapter
and other factors is changing legal require- notes as appropriate.
ments and HR efforts needed. Beginning in
Chapter 1, workforce changes are identi-
fied as well as why they must be managed
effectively. In Chapters 4 and 5, work- ORGANIZATION OF THE
force composition differences and their HR THIRTEENTH EDITION
implications are identified. Throughout other
The thirteenth edition reflects both the conti-
chapters workforce composition issues are
nuity and changes occurring in HR manage-
discussed as part of the context for the rel-
ment. The following highlights some of the
evant HR topics.
significant content throughout the book sec-
tion by section.
Attracting, Retaining, and Managing
Talent Section I: Environment of Human
A key part of managing the workforce is hav- Resource Management
ing the right people with the right capabilities The first three chapters of the book examine
in the right jobs—and being able to retain factors in the changing environment in which
them. These HR concerns exist in most orga- the HR function operates. The first chapter
nizations and are emphasized in information looks at human capital, HR as a core com-
on recruiting, selection, job design, training, petency, HR ethics, and HR challenges. The
retention, talent management, and compen- necessary competencies for HR careers are
sation. These topics emphasize HR’s role in also discussed. Chapter 2 addresses strategic
ensuring that organizations have sufficient HR management, environmental analyses,
and productive workforces, both currently global competitiveness, HR technology, and
and in the future. metrics to evaluate the effectiveness of HR
management.
Equal employment opportunity (EEO) is
HR, Technology, and the Internet a key HR concern, both legally and opera-
The use of technology in HR has expanded tionally. Chapter 3 addresses the laws, regula-
dramatically and is continuing to change tions, and court decisions that determine the
HR management activities with executives, legal framework of EEO. Furthermore, the
managers, and employees. The Internet, Web- chapter looks at implementing equal employ-
based resources, social media, and blogs ment and dealing with affirmative action,

Copyright 2010 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part.

5315X_00_fm_pi-xxxii.indd xxvi 20/07/10 6:26 PM


Another random document with
no related content on Scribd:
The unfortunate major was traced to the house of Rainhill, where,
entering the garden, the pursuers soon found him. Gillespie, who
had got one of Anderson’s pistols, accompanied by Stevenson,
advanced upon the murderer, who came up with a fierce
countenance, asking what was the matter. 1694.
Paterson told him there had been a man
slain in Glasgow, and the murderer was supposed to be here: ‘If you
be he,’ added Paterson, ‘may God forgive you!’ Menzies replied: ‘It is
no business of yours;’ whereupon one of the others called out:
‘Dowhill, here is the man.’ Then the major, drawing his sword, and
using a horrible imprecation, came forward, crying: ‘What have the
rascals to do with me?’ The men retreated before him, and a pistol
was fired in self-defence, by which Menzies was slain. When
Paterson returned a minute after, he found him lying on his back,
dead, with his drawn sword across his breast.
Strange to say, Henry Fletcher, brother of Lord Salton, and
Lieutenant-colonel Hume, for the interest of his majesty’s forces,
raised a prosecution against the three Glasgow citizens for murder. It
ended in a verdict of Not proven.[133]

Previous to 1705, when the first professor Oct.


of anatomy was appointed in the university
of Edinburgh, there were only a few irregular attempts in the
Scottish capital to give instructions in that department of medical
education. We first hear of dissection of the dead body in our city in
the latter part of the year 1694, a little before which time the
celebrated Dr Archibald Pitcairn had left a distinguished position as
professor of medicine in the university of Leyden, and marrying an
Edinburgh lady, had been induced finally to settle there in practice.
On the 14th October, Pitcairn wrote to his friend, Dr Robert Gray of
London, that he was taking part in an effort to obtain subjects for
dissection from the town-council, requesting from them the bodies of
those who die in the correction-house called Paul’s Work, and have
none to bury them. ‘We offer,’ he says, ‘to wait on these poor for
nothing, and bury them after dissection at our own charges, which
now the town does; yet there is great opposition by the chief
surgeons, who neither eat hay nor suffer the oxen to eat it. I do
propose, if this be granted, to make better improvements in anatomy
than have been made at Leyden these thirty years; for I think most or
all anatomists have neglected or not known what was most useful for
a physician.’
The person ostensibly moving in this matter was Mr Alexander
Monteith, an eminent surgeon, and a friend of Pitcairn. In
compliance with his request, the town-council (October 24) gave him
a grant of the dead bodies of those dying in 1694.
the correction-house, and of foundlings who
die on the breast, allowing at the same time a room for dissection,
and freedom to inter the remains in the College Kirk cemetery, but
stipulating that he bury the intestines within forty-eight hours, and
the remainder of the body within ten days, and that his prelections
should only be during the winter half of the year.
Monteith’s brethren did not present any opposition to his
movement generally; they only disrelished his getting the Council’s
gift exclusively to himself. Proposing to give demonstrations in
anatomy also, they preferred a petition to the town-council, asking
the unclaimed bodies of persons dying in the streets, and foundlings
who died off the breast; and the request was complied with, on
condition of their undertaking to have a regular anatomical theatre
ready before the term of Michaelmas 1697.[134]
Such were the beginnings of the medical school of Edinburgh.

The Bass.
REIGN OF WILLIAM III.: 1695–1702.

During this period, the affairs of Scotland were in a marked degree


subordinate to those of England. The king, absorbed in continental
wars and continental politics, paid little attention to his northern
kingdom; he left it chiefly to the care of its state-officers, using as a
medium of his own influence, William Carstares, a Presbyterian
minister of extraordinary worth, sincerity, and prudence, who had
gained his entire esteem and confidence, and who usually attended
him wherever he was. A parliament which sat in May 1695, was
chiefly occupied with the investigation of the Glencoe massacre, and
with measures connected with the rising commercial enterprise of
the country, including the formation of a native bank, and that of a
company for trading with Africa and the Indies. The latter of these
speculations was worked out in an expedition to Darien, and an
attempted settlement there, which, through English mercantile
jealousy, and the king’s indifference to Scottish interests, ended so
unfortunately as greatly to incense the Scottish nation, and increase
the party disaffected to the Revolution government. The misery
hence arising was increased by a dearth from a succession of bad
seasons. Nevertheless, this period will be found in our chronicle to
have been remarkable for the establishment of manufactories of
various kinds, and for various other industrial enterprises, shewing
that the national energies were beginning to take a decidedly new
direction. At the same time, instances of deplorable superstition,
cruelty, and intolerance were sufficiently numerous to attest that the
days of barbarism were not past.
Incessant efforts were made by the Jacobite party to procure the
restoration of King James, and the discontents excited by Darien
were greatly favourable to their views. Yet the heart of the middle
class throughout the more important provinces remained firm in
Presbyterianism, for which the Revolution government was the sole
guarantee; and in this lay an insuperable bar to all reactionary
projects. A war against France, which had begun immediately after
the Revolution (May 1689), was brought to a conclusion in
September 1697, by the treaty of Ryswick, which included an
acknowledgment by Louis XIV. of the title of King William to the
English throne. The exiled king, old and abandoned to ascetic
devotion, indulged a hope that he would outlive William, and be then
quietly recalled. He died, however, in September 1701, with only the
assurance of the French king in favour of the restoration of his son.
William survived him but a few months, dying of a fever and ague on
the 8th March 1702. His vigorous talents, his courage, his essential
mildness and tolerance, abated as they were by an unpopular
coldness of manners, are amply recognised in English history;
among the Scots, while Presbyterians thank him for the
establishment of their church, there is little feeling regarding the
Dutch king, besides a strong resentment of his concern in the affairs
of Glencoe and Darien.

This day, being Sunday, the Catholics of 1695. Feb. 17.


Edinburgh were so bold as to hold a
meeting for worship in the Canongate. It was fallen upon and
‘dissipat’ by the authorities, and the priest, Mr David Fairfoul, with
James De Canton and James Morris, fencing-masters, and John
Wilson of Spango, were committed to prison, while the Lord
Advocate obtained a list of other persons present. The Privy Council
ordered the four prisoners to be carried from the Canongate to the
Edinburgh Tolbooth, and appointed a committee to take what steps
it might think meet regarding the list of worshippers.
On the 28th February, the Council permitted the liberation of the
two fencing-masters, on assurance of their doing nothing offensive to
the government in future, under a penalty of five hundred merks. At
the same time, they ordained ‘Harry Graham, and his landlord,
James Blair, periwig-maker in Niddry’s Wynd; James Brown, son to
Hugh Brown, chirurgeon, and the said Hugh his father; John
Abercrombie, merchant in Edinburgh, and John Lamb in the Water
of Leith, to give bond in the same terms and under the same penalty;’
else to be kept in prison. Orders were given to search for John Laing,
writer, John Gordon, writer, and James Scott in the Canongate,
‘who, being also at the said meeting, have absconded.’ The priest
Fairfoul was treated with unexpected mercy, being liberated on
condition of banishment, not to return under a penalty of three
hundred pounds sterling.[135]

Robert Davidson, merchant in Ellon, Feb. 19.


Aberdeenshire, represented to the Privy
Council that he had been in a good way of merchandise, and
proprietor of a two-story house, when in the beginning of December
last some of Lord Carmichael’s dragoons were quartered upon him,
and deposited their powder in one of his low rooms. As they were
one morning dividing the powder, it caught 1695.
fire, and demolished the house, together
with his whole merchandise and household plenishing, carrying the
bed whereon he and his family lay to the top of the house, and
seriously injuring a relative who was living with him at the time, and
for the cost of whose cure he was answerable. Robert petitioned for
some compensation, and the Council—following its rule of a
vicarious beneficence—allowed him to raise a voluntary collection at
the church-doors of Aberdeenshire and the two adjacent counties.[136]

There never, perhaps, was any mystic Feb.


history better attested than that of ‘the
Rerrick Spirit.’ The tenant of the house, many of his neighbours, the
minister of the parish, several other clergymen, the proprietor of the
ground living half a mile off, all give their testimonies to the various
things which they ‘saw, heard, and felt.’ The air of actuality is helped
even by the local situation and its associations. It is in the same
parish with Dundrennan Abbey, where Queen Mary spent her last
night in Scotland. It is upon the same rock-bound coast which Scott
has described so graphically in his tale of Guy Mannering, which was
indeed founded on facts that occurred in this very parish. Collin, the
house of the laird, still exists, though passed into another family.
Very probably, the house of Andrew Mackie himself would also be
found by any one who had the curiosity to inquire for it; nor would
he fail, at the same time, to learn that the whole particulars of this
narration continue to be fresh in popular recollection, though four
generations have passed away since the event. Few narrations of the
kind have included occurrences and appearances which it was more
difficult to reconcile with the theory of trick or imposture.
Andrew Mackie, a mason, occupied a small farm, called Ring-croft,
on the estate of Collin, in the parish of Rerrick, and stewartry of
Kirkcudbright. He is spoken of as a man ‘honest, civil, and harmless
beyond many of his neighbours,’ and we learn incidentally that he
had a wife and some children. In the course of the month of February
1695, Andrew was surprised to find his young cattle frequently loose
in the byre, and their bindings broken. Attributing it to their
unruliness, he got stronger bindings; but still they were found loose
in the morning. Then he removed the beasts to another place; and
when he went to see them next morning, he 1695.
found one bound up with a hair tether to
the roof-beam, so strait, that its feet were lifted off the ground. Just
about this time, too, the family were awakened one night with a smell
of smoke; and when they got up, they found a quantity of peats lying
on the floor, and partially kindled. It seemed evident that some
mischievous agent was at work in Ring-croft; but as yet nothing
superhuman was in the surmises of the family.
On Wednesday, the 7th of March, a number of stones were thrown
in the house—‘in all places of it’—and no one could tell whence they
came, or who threw them. This continued during day and night, but
mostly during the night, for several days, the stones often hitting the
members of the family, but always softly, as if they had less than half
their natural weight. A kind of fear began to take possession of the
little household, and the father’s fireside devotions waxed in
earnestness. Here, however, a new fact was developed: the stone-
throwing was worst when the family was at prayers. On the Saturday
evening, the family being for some time without, one or two of the
children, on entering, were startled to observe what appeared a
stranger sitting at the fireside, with a blanket about him. They were
afraid, and hesitated; but the youngest, who was only nine or ten
years of age, chid the rest for their timidity, saying: ‘Let us sain
[bless] ourselves, and then there is no ground to fear it!’ He
perceived that the blanket around the figure was his. Having blessed
himself, he ran forward, and pulled away the blanket, saying: ‘Be
what it will, it hath nothing to do with my blanket.’ It was found to be
a four-footed stool set on end, and the blanket cast over it.
Attending church on Sunday, Andrew Mackie took an opportunity,
after service, of informing the minister, Mr Telfair, how his house
had been disturbed for the last four days. The reverend gentleman
consequently visited Ring-croft on Tuesday. He prayed twice,
without experiencing any trouble; but soon after, as he stood
conversing with some people at the end of the barn, he saw two
stones fall on the croft near by, and presently one came from the
house to tell that the pelting within doors had become worse than
ever. He went in, prayed again, and was hit several times by the
stones, but without being hurt. After this there was quiet for several
days. On Sunday it began again, and worse than before, for now the
stones were larger, and where they hit, they gave pain. On the
ensuing Wednesday, the minister revisited 1695.
the house, and stayed a great part of the
night, during which he was ‘greatly troubled.’ ‘Stones and several
other things,’ says he, ‘were thrown at me; I was struck several times
on the sides and shoulders very sharply with a great staff, so that
those who were present heard the noise of the strokes. That night it
threw off the bed-side, and rapped upon the chests and boards as one
calling for access. As I was at prayer, leaning on a bed-side, I felt
something pressing up my arm. I, casting my eyes thither, perceived
a little white hand and arm, from the elbow down, but presently it
evanished.’
The neighbours now began to come about the house, to gratify
their curiosity or express sympathy; and both when they were within
doors, and when they were approaching or departing, they were
severely pelted. Mackie himself got a blow from a stone, which
wounded his forehead. After several apparent efforts of a visionary
being to seize him by the shoulder, he was griped fast by the hair of
the head, and ‘he thought something like nails scratched his skin.’
This, however, was little in comparison to what happened with some
of the neighbours, for, as attested by ‘Andrew Tait in Torr,’ they were
seized and dragged up and down the house by the clothes. ‘It griped
one John Keig, miller in Auchencairn, so by the side, that he
entreated his neighbours to help: it cried it would rive [tear] the side
from him. That night it lifted the clothes off the children, as they
were sleeping in bed, and beat them on the hips as if it had been with
one’s hand, so that all who were in the house heard it. The door-bar
and other things would go thorough the house, as if a person had
been carrying them in his hand; yet nothing seen doing it. It also
rattled on chests and bed-sides with a staff, and made a great noise.’
‘At night it cried, “Whisht! whisht!” at every sentence in the close of
prayer; and it whistled so distinctly, that the dog barked and ran to
the door, as if one had been calling to hound him.’
At the request of the laird, Charles M‘Lellan of Collin, a number of
ministers put up public prayers on account of these strange
occurrences, and on the 4th of April two came to the house to see
what they could do in behalf of the family. They spent the night in
fasting and prayer, but with no other apparent effect than that of
rendering the supposed spirit more ‘cruel.’ One of the reverend
gentlemen got a wound in the head from a stone, and the other had
his wig pulled off, and received several sore blows, which, however,
were healed quickly. A fiery peat was 1695.
thrown amongst the people, and in the
morning when they arose from prayer, ‘the stones poured down on
all who were in the house to their hurt.’
Two days after, the affair took a new turn, when Mackie’s wife was
induced to lift a stone which she found loose at the threshold of the
house, and perceived underneath ‘seven small bones, with blood, and
some flesh, all closed in a piece of old soiled paper;’ the blood being
fresh and bright. She presently ran to the laird’s house, about a
quarter of a mile distant, to fetch him; and while she was gone, the
spirit became worse than ever, ‘throwing stones and fire-balls in and
about the house; but the fire, as it lighted, did evanish. It thrust a
staff through the wall above the children in bed, shook it over them,
and groaned.’ The laird came and lifted the bones and flesh, after
which the trouble ceased for a little time. Next day, however, being
Sunday, it recommenced with throwing of stones and other heavy
articles, and set the house twice on fire. In the evening, when the
eldest boy was coming home, ‘an extraordinary light fell about him,
and went before him to the house, with a swift motion.’
On the ensuing morning, the 8th April, Mackie found in his close a
letter written and sealed with blood, superscribed thus: ‘3 years tho
shall have to repent a net it well.’ Within he read: ‘Wo be to the
Cotlland Repent and tak warning for the door of haven ar all Redy
bart against the I am sent for a warning to the to fllee to god yet
troublt shallt this man be for twenty days a 3 rpent rpent Scotland
or els tow shall.’[137]
Following up the old notion regarding the touching of a murdered
person in order to discover the murderer, all the surviving persons
who had lived in the house during the twenty-eight years of its
existence, were convened by appointment of the civil magistrate
before Charles M‘Lellan of Collin, ‘and did all touch the bones,’ but
without any result.
On a committee of five ministers coming two days after to the
house, the disturbing agency increased much in violence. According
to the parish minister, Telfair, who was present on this occasion, ‘It
came often with such force, that it made all the house shake; it brake
a hole through the timber and thatch of the 1695.
roof, and poured in great stones, one
whereof, more than a quarter weight, fell upon Mr James Monteath
his back, yet he was not hurt.’ When a guard was set upon the hole in
the roof, outside, it broke another hole through the gable from the
barn, and threw stones in through that channel. ‘It griped and
handled the legs of some, as with a man’s hand; it hoised up the feet
of others, while standing on the ground; thus it did to William
Lennox of Millhouse, myself, and others.’
After this, the disturbances went on with little variation of effect
for a week or more. A pedler felt a hand thrust into his pocket.
Furniture was dragged about. Seeing a meal-sieve flying about the
house, Mackie took hold of it, when the skin was immediately torn
out. Several people were wounded with the stones. Groaning,
whistling, and cries of Whisht—Bo, bo—and Kuck, kuck! were
frequently heard. Men, while praying, were over and over again lifted
up from the ground. While Mackie was thrashing in the barn, some
straw was set fire to, and staves were thrust at him through the wall.
When any person was hit by a stone, a voice was heard saying: ‘Take
that till you get more;’ and another was sure to come immediately.
On the 24th of April, there was a fast and humiliation in the parish
on account of the demonstrations at Ring-croft; and on that day the
violences were more than ever extreme, insomuch that the family
feared they should be killed by the stones. ‘On the 26th, it threw
stones in the evening, and knocked on a chest several times, as one to
have access, and began to speak, and call those who were sitting in
the house witches and rooks, and said it would take them to hell. The
people then in the house said among themselves: “If it had any to
speak to it, now it would speak.” In the meantime, Andrew Mackie
was sleeping. They wakened him, and then he, hearing it say: “Thou
shalt be troubled till Tuesday,” asked, “Who gave thee a
commission?” It answered: “God gave me a commission, and I am
sent to warn the land to repent, for a judgment is to come, if the land
do not quickly repent;” and commanded him to reveal it upon his
peril. And if the land did not repent, it said it would go to its father,
and get a commission to return with a hundred worse than itself, and
it would trouble every particular family in the land. Andrew Mackie
said: “If I should tell this, I would not be believed.” Then it said:
“Fetch [your] betters; fetch the minister of 1695.
the parish, and two honest men on
Tuesday’s night, and I shall declare before them what I have to say.”
Then it said: “Praise me, and I will whistle to you; worship me, and I
will trouble you no more.” Then Andrew Mackie said: “The Lord,
who delivered the three children out of the fiery furnace, deliver me
and mine this night from the temptations of Satan!” It replied: “You
might as well have said, Shadrach, Meshach, and Abednego.”’ On a
humble person present here putting in a word, the voice told him he
was ill-bred to interfere in other people’s discourse. ‘It likewise said:
“Remove your goods, for I will burn the house.”’
The house was actually set on fire seven times next day, and the
care of the inmates preventing damage of this kind from extending,
the end of the house was pulled down in the evening, so that the
family was forced to spend the night in the barn. On the second next
day, the house being again set fire to several times, Mackie carefully
extinguished all fires about the place, and poured water upon his
hearth; yet after this, when there was no fire within a quarter of a
mile, the conflagrations, as was alleged, were renewed several times.
The period announced in the bloody letter of the 8th instant was
now approaching, and in a conversation with Mackie, the supposed
spirit good-naturedly informed him that, ‘except some casting of
stones on Tuesday to fulfil the promise,’ he should have no more
trouble. Tuesday, being the 30th of April, was the twenty-third day
from the finding of the letter. That night, Charles M‘Lellan of Collin
and several neighbours were in the barn. As he was at prayer, he
‘observed a black thing in the corner of the barn, and it did increase,
as if it would fill the whole house. He could not discern it to have any
form, but as if it had been a black cloud; it was affrighting to them
all. Then it threw bear-chaff and mud in their faces, and afterwards
did grip severals who were in the house by the middle of the body, by
the arms, and other parts of their bodies, so strait, that some said for
five days thereafter they thought they felt those grips.’ Such,
excepting the firing of a sheep-cot next day, was the last that was
seen, heard, or felt of the Rerrick Spirit.
So great was the impression made by these incidents, that early in
the ensuing year Mr Telfair published an account of them in a small
pamphlet, which went through a second edition in Scotland, and was
reprinted, with alterations of language, in 1695.
[138]
London. At the end appeared the
attestations of those who ‘saw, heard, and felt’ the various things
stated—namely, ‘Mr Andrew Ewart, minister at Kells; Mr James
Monteath, minister at Borgue; Mr John Murdo, minister at
Crossmichael; Mr Samuel Stirling, minister at Parton; Mr William
Falconer, minister at Kelton; Charles M‘Lellan of Collin, William
Lennox of Millhouse, Andrew and John Tait in Torr, John Cairns in
Hardhills, William Macminn, John Corsby, Thomas Macminn,
Andrew Paline, &c.’ It may be remarked, that for each particular
statement in the Relation, the names of the special witnesses are
given; and their collected names are appended, as to a solemn
document in which soul and conscience were concerned.

The degree of respect felt by the Mar. 19.


authorities of this age for the rights of the
individual, is shewn very strikingly in a custom which was now and
for a considerable time after largely practised, of compromising with
degraded and imputedly criminal persons for banishment to the
American plantations. For example, at this date, thirty-two women of
evil fame, residing in Edinburgh, were brought before the
magistrates as a moral nuisance. We do not know what could have
been done to them beyond whipping and hard labour; yet they were
fain to agree that, instead of any other punishment, they should be
banished to America, and arrangements for that purpose were
immediately made.
In the ensuing June, a poor woman of the same sort, named Janet
Cook, residing in Leith, was denounced for offences in which a father
and son were associated—a turpitude which excited a religious
horror, and caused her to be regarded as a criminal of the highest
class. The Lord Advocate reported of Janet to the Privy Council, that
she had been put under the consideration of the Lords of Justiciary,
as a person against whom ‘probation could not be found,’ but that
the Lords were nevertheless ‘of opinion she might be banished the
kingdom,’ and she herself had ‘consented to her banishment.’ The
Lords of the Privy Council seem to have had no more difficulty about
the case than those of the Court of 1695.
Justiciary had had; they ordered that Janet
should depart furth of the kingdom and not return, ‘under the
highest pains and penalties.’
In January 1696, a woman named Elizabeth Waterstone,
imprisoned on a charge identical in all respects with the above, was,
in like manner, without trial, banished, with her own consent, to the
plantations.
On the 7th of February 1697, four boys who were notorious
thieves, and eight women who were that and worse, were called
before the magistrates of Edinburgh, and ‘interrogat whether or not
they would consent freely to their own banishment furth of this
kingdom, and go to his majesty’s plantations in America.’ ‘They one
and all freely and unanimously consented so to do,’ and
arrangements were made by the Privy Council for their deportation
accordingly. It was only ordained regarding the boys that Lord Teviot
might engage them as recruits for Flanders, in which case he was
immediately to commence maintaining them.
On the 15th February 1698, Robert Alexander, ‘a notorious horse-
stealer,’ now in prison, was willing to appease justice by consenting
to banishment without trial. He likewise made discoveries enabling
several countrymen to recover their horses. The Privy Council
therefore ordained him to be transported by the first ship to the
plantations of America, not to return thence under pain of death.
William Baillie, ‘ane Egyptian,’ prisoner in the Tolbooth of
Edinburgh, but regarding whom we hear of no specific offence and
no trial, was summarily ordered (Sep. 12, 1699) to be transported in
the first ship going to the plantations, the skipper to be allowed a
proper gratuity from the treasury, and at the same time to give
caution for five hundred merks that he would produce a certificate of
the man being landed in America.[139]
It was long before justice in Scotland took any qualm about this
free-and-easy way of dealing with accused persons. So late as 1732,
two men of humble rank—Henderson, a sedan-carrier, and
Hamilton, a street-cadie—suspected of being accessory to the
murder of an exciseman, having petitioned for banishment before
trial, were sent from the jail in Edinburgh to Glasgow, there to wait a
vessel for the plantations.[140]
The Earl of Home, as a dangerous person, 1695. Apr. 3.
had for some time been confined to his
house of the Hirsel, near Coldstream; but now he was required to
enter himself prisoner in Edinburgh Castle. He represented himself
as under such indisposition of body as to make this unendurable, and
the Council therefore ordered Dr Sir Thomas Burnet, the king’s
physician, to take a chirurgeon with him to the Hirsel, and inquire
into the state of his lordship’s health. The doctor and surgeon
reported in such terms that the earl was allowed to remain at the
Hirsel, but not without caution to the extent of two thousand pounds
sterling. For their pains in travelling fifty miles and back, and giving
this report, the Council allowed Dr Burnet two hundred merks (£11,
2s. 2d.), and Gideon Elliot, chirurgeon, one hundred merks.[141]

A hership of cattle having taken place on May 20.


the lands of Lord Rollo, in Perthshire, the
Master of Rollo was pleased to prosecute the matter a little more
energetically than was convenient to some of his neighbours. He
seems to have particularly excited the resentment of James
Edmonstoun of Newton, one of whose tenants was found in
possession of a cow reclaimed as part of the hership. Newton, being
soon after at the house of Clavidge, spoke some despiteful words
regarding the Master, which were afterwards taken notice of. At the
same house, about the same time, Patrick Graham, younger of
Inchbrakie, spoke in the like angry terms of the Master. ‘It has been
noised in the country,’ said he, ‘that I have courted the Master of
Rollo, and fawned upon him; but when occasion serves, something
different will be seen.’
These two hot-headed men spent a couple of days together at
Ryecroft, a house of young Inchbrakie, and probably there inflamed
their common resentment by talking over their grievances. On the
day noted in the margin, hearing that the Master of Rollo was to go
in the afternoon to Invermay House, they rode to his house of
Duncrub, and from that place accompanied him to Invermay,
together with the Laird of Clavidge and a gentleman named
M‘Naughton. Inchbrakie was remarked to have no sword, while his
companion Newton was provided with one. Supping at the
hospitable board of Invermay, these two conducted themselves much
in the manner of men seeking a quarrel. Inchbrakie said to the
Master: ‘Master, although John Stewart killed and salted two of your
kine, you surely will not pursue him, since 1695.
your father and his Miss ate them!’
Hereupon Clavidge remarked that this was not table-talk; to which
Newton made answer: ‘I think you are owning that.’ Then Inchbrakie
and Newton were observed to whisper together, and the latter was
heard saying: ‘I will not baulk you, Inchie.’ Afterwards, they went out
together, and by and by returned to table. What was the subject of
their conversation during absence, might only too easily be inferred
from what followed.
At ten o’clock the party broke up, and the strangers mounted their
horses, to ride to their respective homes. The Laird of Invermay,
having observed some mischief brewing in the mind of Newton,
endeavoured to make him stay for the night, but without success.
The Master, Clavidge, and M‘Naughton rode on, with Inchbrakie a
little in front of them. When Newton came up, Inchbrakie and he
turned a little aside, and Newton was then observed to loose his belt
and give his sword to Inchbrakie. Then riding on to the rest of the
party, he contrived to lead Clavidge and M‘Naughton a little ahead,
and commenced speaking noisily about some trivial matter. Hearing,
however, the clashing of two swords behind them, Clavidge and
M‘Naughton turned back, along with Newton, and there saw the
Master of Rollo fallen on his knees, while Inchbrakie stood over him.
The latter called out to Newton, ‘He has got it.’ Clavidge rushed to
sustain the sinking man, while Inchbrakie and Newton went apart
and interchanged a few hurried sentences. Presently Newton came
up again, when Clavidge, perceiving that the Master was wounded to
the death, cried out: ‘O God, such a horrid murder was never seen!’
To this Newton, standing coolly by, said: ‘I think not so—I think it
has been fair.’ The poor Master seems to have died immediately, and
then Newton went again aside with Inchbrakie, gave him his own
hat, and assisted him to escape. In the morning, when the two
swords were found upon the ground, the bloody one proved to be
Newton’s.
Inchbrakie fled that night to the house of one John Buchanan,
whom he told that he had killed the Master of Rollo, adding, with
tokens of remorse: ‘Wo worth Newton—wo worth the company!’ and
stating further that Newton had egged him on, and given him a
weapon, when he would rather have declined fighting.
Inchbrakie escaped abroad, and was outlawed, but, procuring a
remission, returned to his country in 1720. 1695.
[142]
James Edmonstoun of Newton was
tried (Aug. 6, 1695) for accession to the murder of John Master of
Rollo, and condemned to banishment for life.[143] It is stated that,
nevertheless, he carried the royal standard of James VIII. at the
battle of Sheriffmuir, and even after that event, lived many years on
his own estate in Strathearn.[144]

The Estates at this date advert to the fact May.


that sundry lands lying along the sea-coast
had been ruined, in consequence of their being overwhelmed with
sand driven from adjacent sand-hills, ‘the which has been mainly
occasioned by the pulling up by the roots of bent, juniper, and broom
bushes, which did loose and break the surface and scroof of the sand-
hills.’ In particular, ‘the barony of Cowbin and house and yards
thereof, lying in the sheriffdom of Elgin, is quite ruined and
overspread with sand,’ brought upon it by the aforesaid cause.
Penalties were accordingly decreed for such as should hereafter pull
up bent or juniper bushes on the coast sand-hills.[145]
A remarkable geological phenomenon, resulting in the ruin of a
family of Morayland gentry, is here in question. We learn from an act
of parliament, passed two months later, that, within the preceding
twenty years, two-thirds of the estate of Culbin had been
overwhelmed with blown sand, so that no trace of the manor-house,
yards, orchards, or mains thereof, was now to be seen, though
formerly ‘as considerable as many in the country of Moray.’
Alexander Kinnaird of Culbin now represented to the parliament,
that full cess was still charged for his lands, being nearly as much as
the remainder of them produced to him in rent; and he petitioned
that his unfortunate estate might, in consideration of his
extraordinary misfortune, be altogether exempted from cess. Three
years after this date, we hear of the remaining fourth part of Culbin
as sold for the benefit of the creditors of the proprietor, and himself
suing to parliament for a personal protection. In time, the entire ruin
of the good old barony was completed. Hugh Miller says: ‘I have
wandered for hours amid the sandwastes of this ruined barony, and
seen only a few stunted bushes of broom, and a few scattered tufts of
withered bent, occupying, amid utter 1695.
barrenness, the place of what, in the middle
of the seventeenth century, had been the richest fields of the rich
province of Moray; and, where the winds had hollowed out the sand,
I have detected, uncovered for a few yards-breadth, portions of the
buried furrows, sorely dried into the consistence of sun-burned
brick, but largely charged with the seeds of the common cornfield
weeds of the country, that, as ascertained by experiment by the late
Sir Thomas Dick Lauder, still retain their vitality. It is said that an
antique dove-cot, in front of the huge sand-wreath which enveloped
the manor-house, continued to present the top of its peaked roof
over the sand, as a foundered vessel sometimes exhibits its vane over
the waves, until the year 1760. The traditions of the district testify
that, for many years after the orchard had been enveloped, the
topmost branches of the fruit-trees, barely seen over the surface,
continued each spring languidly to throw out bud and blossom; and
it is a curious circumstance, that in the neighbouring churchyard of
Dike there is a sepulchral monument of the Culbin family, which,
though it does not date beyond the reign of James VI., was erected by
a lord and lady of the lost barony, at a time when they seem to have
had no suspicion of the utter ruin which was coming on their house.
The quaint inscription runs as follows:
VALTER : KINNAIRD : ELIZABETH : INNES : 1613 :
THE : BVILDARS : OF : THIS : BED : OF : STANE :
AR : LAIRD : AND : LADIE : OF : COVBINE :
QVHILK : TVA : AND : THARS : QVHANE : BRAITHE IS : GANE :
PLEIS : GOD : VIL : SLEIP : THIS : BED : VITHIN :

I refer to these facts, though they belong certainly to no very remote


age in the past history of our country, chiefly to shew that in what
may be termed the geological formations of the human period, very
curious fossils may be already deposited, awaiting the researches of
the future. As we now find, in raising blocks of stone from the
quarry, water-rippled surfaces lying beneath, fretted by the tracks of
ancient birds and reptiles, there is a time coming when, under thick
beds of stone, there may be detected fields and orchards, cottages,
manor-houses, and churches—the memorials of nations that have
perished, and of a condition of things and a stage of society that have
for ever passed away.’[146]

The same advantages of situation which June 4.


are now thought to 1695.
adapt Peterhead
for a harbour of refuge for storm-beset vessels—placed centrally and
prominently on the east coast of Scotland—rendered it very
serviceable in affording shelter to vessels pursued by those French
privateers which, during the present war, were continually scouring
the German Ocean. Very lately, four English vessels returning from
Virginia and other foreign plantations with rich commodities, would
have inevitably been taken if they had not got into Peterhead
harbour, and been protected there by the fortifications and the
‘resoluteness’ of the inhabitants. The spirit manifested in keeping up
the defences, and maintaining a constant guard and watch at the
harbour, had incensed the privateers not a little; and one Dunkirker
of thirty-four guns took occasion last summer to fire twenty-two
great balls at the town, nor did he depart without vowing (as
afterwards reported by a Scottish prisoner on board) to return and
do his endeavour to set it in a flame. The people, feeling their danger,
and exhausted with expensive furnishings and watchings, now
petitioned the Privy Council for a little military protection—which
was readily granted.[147]
As political troubles subsided in Scotland, June.
the spirit of mercantile enterprise rose and
gained strength. The native feelings of this kind were of course
stimulated by the spectacle of success presented in England by the
East India Company, and the active trade carried on with the
colonies. These sources of profit were monopolies; but Scotland
inquired, since she was an independent state, what was to hinder her
to have similar sources of profit established by her own legislature.
The dawnings of this spirit are seen in an act passed in the Scottish
parliament in 1693, wherein it is declared, ‘That merchants may
enter into societies and companies for carrying on trade as to any
sort of goods to whatsoever countries not being at war with their
majesties, where trade is in use to be, and particularly, besides the
kingdoms of Europe, to the East and West Indies, to the Straits and
Mediterranean, or upon the coast of Africa, or elsewhere,’ and
promising to such companies letters-patent for privileges and other
encouragements, as well as protection in case of their being attacked
or injured. Amongst a few persons favouring this spirit, was one of
notable character and history—William Paterson—a native of
Scotland, but now practising merchandise 1695.
in London—a most active genius, well
acquainted with distant countries, not visionary, animated, on the
contrary, by sound commercial principles, yet living, unfortunately
for himself, before the time when there was either intelligence or
means for the successful carrying out of great mercantile adventures.
Paterson, in the early part of this year, had gained for himself a
historical fame by projecting and helping to establish the Bank of
England. For his native country he at the same time projected what
he hoped would prove a second East India Company.
At the date noted, an act passed the Scottish parliament, forming
certain persons named into an incorporation, under the name of The
Company of Scotland Trading to Africa and the Indies, who should
be enabled to ‘plant colonies, and build cities and forts, in any
countries in Asia, Africa, or America, not possest by any European
sovereign,’ ‘by consent of the natives and inhabitants thereof,’ and to
take all proper measures for their own protection and the
advancement of their special objects, only acknowledging the
supremacy of the king by the annual payment of a hogshead of
tobacco. It was scrupulously arranged, however, that at least one half
of the stock of this Company should be subscribed for by Scotsmen
residing either at home or abroad.
Although the war pressed sorely on the resources of England,
Paterson calculated securely that there was enough of spare capital
and enterprise in London to cause the new Scottish trading scheme
to be taken up readily there. When the books for subscription were
opened in October, the whole £300,000 offered to the English
merchants was at once appropriated. By this time, the fears of the
East India Company and of the English mercantile class generally
had been roused; it was believed that the Scottish adventurers would
compete with them destructively in every place where they now
enjoyed a lucrative trade. The parliament took up the cry, and voted
that the noblemen and gentlemen named in the Scottish act were
guilty of a high crime and misdemeanour. Irritated rather than
terrified by this denunciation, these gentlemen calmly proceeded
with their business in Scotland. The subscription books being opened
on the 26th of February 1696, the taking up of the stock became
something like a national movement. It scarcely appeared that the
country was a poor one. Noblemen, country gentlemen, merchants,
professional men, corporations of every kind, flocked to put down
their names for various sums according to their ability, till not
merely the £300,000 devoted to Scotsmen 1695.
was engaged for, but some additional
capital besides.[148] In a list before me, with the sums added up, I find
the total is £336,390 sterling; but, of course, the advance of this large
sum was contemplated as to be spread over a considerable space of
time, the first instalment of 25 per cent. being alone payable within
1696.
Meanwhile the furious denunciations of the English parliament
proved a thorough discouragement to the project in London, and
nearly the whole of the stockholders there silently withdrew from it;
under the same influence, the merchants of Hamburg were induced
to withdraw their support and co-operation, leaving Scotland to work
out her own plans by herself.
African Company’s House at Bristo Port, Edinburgh.

She proceeded to do so with a courage much to be admired. A


handsome house for the conducting of the Company’s business was
erected; schemes for trade with Greenland, with Archangel, with the
Gold Coast, were considered; the qualities of goods, possible
improvements of machinery, the extent of 1695.
the production of foreign wares, were all the
subject of careful inquiry. Under the glow of a new national object,
old grudges and antipathies were forgotten. William Paterson,
indeed, had set the pattern of a non-sectarian feeling from the
beginning, for, writing from London to the Lord Provost of
Edinburgh in July 1695, we find him using this strain of language,
hitherto unwonted in Scotland: ‘Above all, it is needful for us to make
no distinction of parties in this great undertaking; but of whatever
nation or religion a man be, he ought to be looked upon, if one of us,
to be of the same interest and inclination. We must not act apart in
anything, but in a firm and united body, and distinct from all other
interests whatsoever.’
The design of Paterson presents such indications of a great, an
original, and a liberal mind, as to make the obscurity which rests on
his history much to be regretted. The narrow, grasping, and
monopolising spirit which had hitherto marked the commerce of

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