ESLI23-Human Resources & Labor Relations

FRANK ENNIST, HUMAN RESOURCES & LABOR RELATIONS JULY 27-28, 2023

DAVID DOWNEY, FIRE CHIEF (RETIRED) OTTO DROZD FIRE CHIEF (RETIRED)

SPONSORED BY: FLORIDA FIRE CHIEFS’ ASSOCIATION

NORTH PORT FIRE STATION 86 19955 PRETO BLVD VENICE, FL 34293

To: ESLI participants Reference: Human Resources and Labor Management Dear participants, We extend our sincere gratitude for your interest in the Emergency Services Leadership Institute (ESLI) program. We are eagerly anticipating your presence at the upcoming Human Resources and Labor Management session, scheduled for July 27-28, 2023, at the North Port Fire Station 86, 19955 Preto Blvd., Venice, FL 34293.

The session will commence promptly at 0800 hours. It forms an integral part of the comprehensive sixmodule program designed to equip you with the necessary skills and knowledge to tackle the management and leadership challenges that confront the fire and emergency medical services today and in the future.

Attached to this message, you will find a program outline containing essential information, a brief course description, and a list of expected outcomes and competencies. We request that you review these materials before attending the session. Our aim is to foster an environment that encourages active student engagement and interaction while addressing topics that are relevant to your needs.

Our objective is to enhance the practical outcomes that you can implement within your respective organizations. To achieve this, we encourage you to familiarize yourself with the subject areas and bring along your department policies pertaining to these topics. This will enable us to address real-world issues and provide meaningful solutions. Specifically, we invite you to share information and discuss your organization's Human Resources and Labor Management challenges, successes, failures, and ongoing concerns in this domain. Effective participation and open communication from all participants are crucial to addressing these challenges and finding beneficial solutions.

The program is designed to incorporate various teaching methodologies, including lectures, class discussions, presentations, group exercises, role-playing, and case study analysis. We believe that a dynamic learning environment that encourages questions, discussions, diverse perspectives, and the exploration of best practices will yield the most valuable outcomes.

The extent to which you prepare and engage in the program will directly influence the value you derive from it.

Once again, we express our appreciation for your interest in ESLI. We eagerly anticipate your attendance in July.

Respectfully,

Otto Drozd III, Fire Chief (Retired) IAFC/NFPA Metropolitan Fire Chiefs Association

David Downey Fire Chief (Ret.) Miami-Dade Fire Rescue

WORKSHEET: PLAN OF INSTRUCTION TITLE COURSE DESCRIPTION



FFCA – ESLI HR & Labor Relations

COURSE OUTLINE This module will focus on a variety of Human Resource issues and is designed to address concerns ranging from employee recruitment and retention issues, equal employment laws, the collective bargaining process, and the disciplinary process with an emphasis on progressive discipline. The hiring process will be examined and discussion will focus on retention and promotional criteria. Team exercises and interactive participation will be part of the learning methodology.

This fundamental module involves the ability to design and implement strategies that maximize employee potential and foster high ethical standards in meeting the organization's vision, mission, and goals. Effective managers should provide leadership in setting the workforce's expected performance levels commensurate with the organization's strategic objectives; inspiring, motivating, and guiding others toward goal accomplishment; and empowering people by sharing power and authority. Integral to promoting quality involves effective use of the organization's performance appraisal system. This includes establishing performance standards, appraising staff accomplishments using the developed standards, and taking action to reward, counsel, and discharge employees, as appropriate.

Current issues in human resource and labor management relationships will be discussed.

Qualified experts will share information on contemporary labor laws relating to grievance procedures and the collective bargaining process with attention given to the concept of Interest-Based Bargaining, as well as information on other pertinent legal issues. The grievance and progressive disciplinary process will be discussed in detail with case study and experiences lending to this learning process. The rationale for both adversarial and cooperative experiences in labor management relationships will be examined with a focus on a changing demographic workforce and respecting differences. Valuing cultural diversity and other differences must be appreciated to foster an environment in which people who are culturally diverse can work together cooperatively and effectively in achieving organizational goals.

Leaders should be able to assess employees' unique developmental needs and provide developmental opportunities that maximize employees' capabilities and contribute to the achievement of organizational goals while at the same time developing leadership skills in others through coaching and mentoring. They must also foster commitment, team spirit, pride, trust, and group identity while taking steps to prevent situations that could result in unpleasant and embarrassing confrontations, internal and external to the organization.

Resolving conflicts in a positive and constructive manner includes promoting labor and management partnerships and dealing effectively with employee relations matters, attending to morale and organizational climate issues, handling administrative, labor management, and EEO issues, and taking appropriate and consistently-applied disciplinary action when other means have been unsuccessful.

TIMEFRAME MATERIALS / AIDS

2 Days

OBJECTIVES Human Resource – Role and Responsibility Equal Employment Opportunity Discrimination and Harassment Family and Medical Leave Worker’s Compensation Recruitment, Selection, Retention, and Promotion Performance Management and Appraisal Building and Maintaining High Performance Teams Increasing Staff Effectiveness Valuing and Managing Diversity Changing Demographics in the Workforce Labor Law Labor Management Relationship Labor Management Relations in Government The Collective Bargaining Process Contract Negotiation Strategy Conflict Resolution Interest Based Bargaining The Grievance Process The Disciplinary Process and Progressive Discipline

PRESENTATION COMPETENCIES: A participant will  Appreciate the value of effective human resource management and its impact on the organization.  Understand the principles of recruitment and selection from a legal and organizational viewpoint.  Be able to address issues that contribute to employee retention.  Be able to develop promotional criteria consistent with organizational needs.  Understand current human resource issues that affect the fire and emergency services profession.  Understand the relationship between labor and management.  Understand key issues affecting labor and management cooperation.  Be able to articulate specific issues concerning pertinent labor law.  Understand issues relating to the EEOC, ADA, FMLA, FLSA, and Worker’s Compensation, as well as other laws that guide the fire service workforce.  Be able to articulate specific issues concerning the collective bargaining process.  Be able to devise a strategy for effective collective bargaining negotiation.  Understand and be able to articulate the issue of interest-based bargaining.  Be able to differentiate various models of a grievance process and develop a grievance process that is effective.  Understand and be able to apply the concept of progressive discipline.  Be able to provide reform for an existing ineffective disciplinary process. Understand the differences between the various generational groups that make up the fire and emergency services workforce.  Be able to develop strategies that will compliment the skills, attitudes, and viewpoints of a multi-generational workforce.  Understand the importance and various models of effective performance management and evaluation process, as it relates to mentoring, performance monitoring, problem solving, empowerment, and organizational effectiveness.

  

EVALUATION OUTSIDE ASSIGNMENT CEU’s

Be able to articulate and develop an instrument that that addresses performance needs and employee evaluation.

Be able to differentiate philosophies regarding pay-for-performance versus conventional evaluation instruments and non-conventional feedback systems.

Understand the concept of empowerment and the skills and knowledge necessary to engage and enable employees with a focus on responsibility and accountability.

☒ INSTRUCTORS

☒ INSPECTORS

☐ FP CONTRACTOR

☐ FIRE EQUIP DEALER

ESLI Human Resources/Labor Relations Pre-Course assignment

1. On a scale of 1-10, with 10 being the highest, where does your department’s management/labor relationship stand?

2. Who, or what groups are responsible for maintaining the relationship between labor and management?

3. What does a healthy management/labor relationship look like?

4. What lessons have you learned along the way that have sustained or improved that relationship?

5. If the relationship was strained or poor previously, what strategies/efforts were employed to improve the relationship?

6. What is the role of labor relating to each of the following? a. Negotiations b. Discipline c. Political influence d. Policy implementation and compliance e. Professional development 7. As an aspiring or promoted officer, what would you have liked to have been taught or shared with you about your role in the management/labor relationship?

8. Has your budget increased/decreased, stayed the same over the last 5 years? a. What are your revenue sources? b. What factors affect increase or decrease to the budget?

9. Approximately what percent % of your department’s budget is for personnel? a. General operating/ b. Capital? c. Long term debt?

10. Does your department have a Strategic Plan? Recent? Time specific? a. How does the Plan affect execution of its mission?

11. List two major issues your department is facing within the next 5 years?

9. How is your relationship with your elected officials? (Local, State, Federal)

10. What strategies or best practices do you implement to attract, develop, and retain a skilled and diverse workforce in the fire service?

Interest-Based Bargaining: A Collaborative Approach to Labor-Management Negotiations By: Otto Drozd III Interest-based bargaining (IBB) is a collaborative negotiation approach that aims to create mutually beneficial agreements between labor and management. Unlike traditional adversarial bargaining, which focuses on positions and concessions, IBB emphasizes the identification of underlying interests, problem-solving, and fostering constructive relationships. This paper provides an overview of the key principles and steps involved in implementing an interest-based bargaining process. It also highlights the benefits of IBB and its potential challenges.

Introduction Interest-based bargaining (IBB) is an alternative approach to labor-management negotiations that seeks to enhance collaboration and produce more sustainable agreements. Unlike positional bargaining, which often leads to win-lose outcomes, IBB focuses on interests, problem-solving, and fostering positive relationships.

Key Principles of Interest-Based Bargaining 1.1 Identifying Interests In IBB, the parties involved explore their underlying interests, needs, and concerns rather than clinging to fixed positions. This allows for a deeper understanding of the motivations behind each party's desired outcomes.

1.2 Generating Options IBB encourages creative brainstorming and the generation of multiple options that meet the interests of both labor and management. By expanding the range of potential solutions, parties can find mutually beneficial agreements.

1.3 Objective Criteria and Fairness To ensure fairness and objectivity, IBB relies on using external standards or criteria as benchmarks for decision-making. This helps minimize biases and subjective judgments during negotiations.

1.4 Separating People from the Problem IBB emphasizes the separation of individuals from the issues being negotiated. By focusing on the problem rather than personal attributes, the parties can engage in constructive dialogue and collaboration.

Steps in Implementing Interest-Based Bargaining 2.1 Relationship Building

Building a positive relationship based on trust, open communication, and respect is crucial for a successful IBB. Parties should invest time and effort into creating a cooperative negotiation climate.

2.2 Training and Education Providing training and education on interest-based bargaining principles and techniques to both labor and management can enhance their understanding and facilitate effective implementation.

2.3 Joint Problem-Solving and Option Generation Engaging in joint problem-solving sessions, facilitated by a trained neutral party if necessary, helps parties explore common interests, generate options, and expand the range of potential solutions.

2.4 Evaluation and Decision-Making Parties evaluate the generated options against objective criteria and select the solutions that best meet their interests. Consensus-based decision-making is encouraged to ensure broad support.

Benefits of Interest-Based Bargaining 3.1 Enhanced Communication and Collaboration IBB fosters improved communication, collaboration, and understanding between labor and management, leading to more productive and sustainable agreements.

3.2 Win-Win Outcomes By focusing on interests and jointly exploring options, IBB can lead to mutually beneficial outcomes that satisfy the needs and concerns of both parties.

3.3 Improved Labor-Management Relations Implementing IBB can contribute to the development of positive labor-management relationships, which can have long-term benefits for organizational productivity and employee satisfaction.

Challenges in Implementing Interest-Based Bargaining 4.1 Resistance to Change Adopting an interest-based bargaining approach may face resistance from those accustomed to traditional positional bargaining methods.

4.2 Skill Development Implementing IBB effectively requires training and skill development for both labor and management representatives. Acquiring the necessary negotiation and problem-solving skills can be a challenge.

4.3 Time and Resource Requirements The collaborative nature of IBB often requires more time and resources compared to traditional bargaining approaches, as it involves extensive joint problem-solving and option generation.

Conclusion Interest-based bargaining offers a collaborative and constructive approach to labor-management negotiations. By focusing on interests, generating options, and building positive relationships, IBB can lead to more durable and mutually beneficial agreements. Despite its challenges, implementing IBB holds the potential for enhanced labor-management relations and improved organizational outcomes.

References: Fisher, R., Ury, W., & Patton, B. (2011). Getting to Yes: Negotiating Agreement Without Giving In. Penguin Books.

Lewicki, R. J., Barry, B., & Saunders, D. M. (2015). Negotiation: Readings, Exercises, and Cases. McGrawHill Education.

Rubinstein, S. A., & McCarthy, J. E. (2002). Interest-Based Bargaining: A User's Guide. Federal Mediation and Conciliation Service.

Shell, G. R. (2006). Bargaining for Advantage: Negotiation Strategies for Reasonable People. Penguin Books.

OpenAI (2023). This paper was generated with the assistance of an AI language model.

EMERGENCY SERVICES LEADERSHIP INSTITUTE Human Resources and Labor Management

Sponsored by The Florida Fire Chiefs’ Association Hosted by North Port Fire Rescue

Used with permission

INTRODUCTION OF INSTRUCTORS • •

Review of Outline / Course Information The need for this program

FACILITATOR NOTES Instructor responsibilities No “one size fits all” application Information is adaptable to various organizations We all do better when we all do better You will get from this program what you put into it

STUDENT REQUIREMENTS • Punctuality • Attentiveness • Respect for the opinion of others • Phones off or completely silenced unless during scheduled breaks • Participation in class discussion and activities • Participation in Individual and Group Learning Activities • Analysis and synthesis of objectives and activities • Course Evaluation

STUDENT INTRODUCTION

• Name • Title • Organization • Responsibilities • Reason for Attending • Anticipated Beneficial Outcome

NUGGET Employees who are searching for answers typically fill in the blanks if no answer is forthcoming

HUMAN RESOURCE ROLE AND RESPONSIBILITY GOALS include: Attracting qualified applicants Retaining desirable employees Encouraging and Motivating Succession Development Training and Retraining at all levels Ensuring a path to succession

HUMAN RESOURCE RESPONSIBILITIES Improve the ‘BOTTOM LINE’ by: Increasing productivity Enhancing the quality of work environment Increasing legal compliance Gaining competitive advantage Assuring workforce flexibility and adaptability

New Position…New challenges!!!

Used with permission

LEADERSHIP CHALLENGES EMPOWERED DECISION MAKING ORGANIZATIONAL STRUCTURES CULTURAL INFLUENCES ORIGIN AND TYPE OF POWER KNOWLEDGE-BASED ORGANIZATIONS

LEADERSHIP CHALLENGES

EMPHASIS ON MISSION, VISION, AND VALUES TRANSFORMATIONAL LEADERSHIP EMBRACING TECHNOLOGY LESSONS LEARNED FROM PAST CRISIS (ECONOMIC – PANDEMIC)

NUGGET Problems that are ignored cannot be resolved

BUILDING AND MAINTAINING HIGH PERFORMANCE TEAMS

Three Critical External Influences Affecting Today’s Fire Service

Political Environment

Economic Environment

Public Perception of the Fire Service

BUILDING AND MAINTAINING HIGH-PERFORMANCE TEAMS

Fire Service Ecosystem ecosystem, the complex of living organisms, their physical environment, and all their interrelationships in a particular unit of space.

ESLI - Module 1

• GROUP EXERCISE

YOU NEED FOLLOWERS •

MAKE OTHERS FEEL VALUABLE

•

PROMOTE YOUR VISION

•

TREAT OTHERS AS YOU WOULD WANT TO BE TREATED

•

TAKE RESPONSIBILITY FOR YOUR ACTIONS & THOSE OF YOUR GROUP

•

PRAISE IN PUBLIC – CRITICIZE IN PRIVATE

•

TAKE THE TIME TO SEE AND BE SEEN (MBWA)

•

MAKE THE BEST, LOGICAL USE OF THE 90% RULE

MANAGEMENT PHILOSOPHY • • • • • • • • • •

Respect and Caring / Building Trust Labor and Management Cooperation Responsibility and Accountability Enabling Free Decision Making Continual Learning Attention to Detail Good Attitude and Self-Discipline Professionalism at All Times Involvement and Participation Do unto others as…

INSTILL THE CONCEPT OF… •

MISSION, VISION, AND VALUE

•

ORGANIZATIONAL PHILOSOPHY

•

EMPLOYEE SELF-ASSESSMENT

•

JOB VS. CAREER

•

THE IMPORTANCE OF EFFECTIVE COMMUNICATION

•

THE POSITIVE IMPACT OF PARTICIPATION

CHARACTERISTICS OF A FIREFIGHTER IMAGE RESPECT INTEGRITY PRIDE RESPONSIBILITY OWNERSHIP BROTHERHOOD / SISTERHOOD ATTITUDE VOLUNTEERISM

ATTITUDE Our lives are not determined by what happens to us, but how we react to what happens: not what life brings to us, but by the attitude we bring to life.

A positive attitude causes a chain reaction of positive thoughts, events, and outcomes. It is a catalyst…a spark that creates extraordinary results.

NEW EMPLOYEE INTERVIEWS What is the reason for interviews?

Why are interviews important?

How do interviews affect the organization?

What is your role in the interview process?

Interview Process DISCUSSION

Determine the intended goal Significance of Mission/Vision/Values Address organizational issues and concerns Concentrate on long-term impact Use open ended questions Identify the best methodology Involve those in the same role Consider community input

Hire the Character Teach the Skills

GROUP EXERCISE

NUGGET There is a huge difference between the ‘past’ and ‘past tradition’

Succession Development

“There are two kinds of people in organizations – Those with 20 years of experience and those with one year of experience repeated 20 times.”

Gene Dalton, BYU

“We put good people in jobs before they are ready” Pepsi Company

“Plans don’t accomplish work.

Goal charts on the walls don’t accomplish work… it’s people who get things done.”

General Colin Powell

Succession Development

Structures the succession planning paradigm as a more pragmatic tool.

Definition: A process for identifying and developing internal employees with the potential for filling key positions in the future.

Fundamental HR responsibilities include…

Attracting qualified applicants

Retaining desirable employees

Encouraging and Motivating

Succession Development

Training and Retraining at all levels

Ensuring a path to Succession

Create an environment that stands out and is recognized as a great place to work

Goal ‘Stepping-stone’ vs.

Destination

PERSONNEL and PERSONAL development What is your department doing to enhance the learning competency and development of your personnel?

What are YOU doing to enhance your learning competency and development?

Improve your ‘BOTTOM LINE’ by…

Increasing productivity Enhancing the quality of the work environment Gaining competitive advantage Assuring workforce flexibility and adaptability Creating a ‘DESTINATION’ department

Don’t plan your day around anyone else’s incompetence

NUGGET

Why Succession Development?

Retirement Mobile Workforce Skills May Not Match Organizational Needs Loss of Institutional Knowledge Replacement Planning Talent Pool Replacement Crisis Management Avoidance Internal HR Source

The Fire Service is still unique…with long term careers still a normal occurrence.

Replacement planning is more expensive than succession planning.

Succession Development allows employees to express their aspirations for career advancement in a safe, positive, and comfortable environment.

Symptoms Critical retention risks in critical roles Difficulty responding to loss of talent Time to fill vacancies is long Complaints of unfair decisions in promotions Lack of diversity

Fundamental Challenges Ownership and Support More Concentration on Planning than Outcome Complex Competency Profiles Assuming Success at One Level Ensures Success at Another Level ‘Mirror Effect’ Failure of Periodic Review Assumption that Everyone Wants to be Promoted Lack of Adequate Budget

Organizational Challenges

Lack of leadership

Lack of communication

Lack of transparency

Lack of understanding

Limited Involvement

Inadequate assumptions about future growth

Lack of follow up

Program is not institutionalized

Administrative Pitfalls Lack of organizational commitment Lots of Planning – Little Execution Lack of defined goals and objectives Failure to sustain initial momentum False belief that SD requires significant cost and resources

Succession Development Benefits Creates a planning process for future needs Avoids crisis management Builds a talent pool over time Identifies in advance where vacancies might occur FD maintains control over the SD process

Discussion

Inherent Advantages

Inherent Roadblocks

Key Elements

COMMIT

EVALUATE THE PRESENT

DETERMINE THE FUTURE

RECOGNIZE AND CULTIVATE THE TALENT

EVALUATE THE PROCESS

LAUNCH THE PROGRAM

What it takes…

Talent Pool Leadership – Ownership – Support Process plan Identity of target role(s) Determine competencies Assessment process Fill vacancies Evaluate outcome Adjust as needed

Making it happen…

Process begins pre-hire Pre-requisite training opportunities Documented Orientation Process Mentorship Program Career Program Resources available Education encouraged (Be prepared for surprises)

Legacy

“When all is said and done, your ability as a leader will not be judged by what you achieved personally or even by what your team accomplished during your tenure.

You will be judged by how well your people and your organization did after you were gone.“ John C. Maxwell

Succession development creates personal development which complements leadership development which enhances organizational development which is necessary for progressive development which then culminates into…

sustainable success WLB

GROUP EXERCISE

NUGGET A strategy that is accepted and which prevails by minimizing standards is less strategy and more diversion.

The Job and the Community – Putting It All Together COMMUNITY EXPECTATIONS RUN HIGH

Department Performance Public Perception Major department initiatives General Economic Issues Local Funding Issues The importance of Marketing Putting it all together

EVERYTHING IS RELATED

Changing Demographics / Diverse Workforce GROUP ACTIVITY and DISCUSSION

Recruitment, Selection, Retention and Promotion

GROUP ACTIVITY

Discrimination and Harassment Awareness and Prevention Program

NUGGET Passion and understanding sometime requires having some ‘skin in the game’.

Equal Employment Opportunity Title VII - Civil Rights Act

Prohibits discrimination because of: Race Religion National origin Sex Age Political Affiliation Disability Sexual Orientation Marital Status Veteran Status and or other protected class

Contacts U.S. Equal Employment Opportunity Commission (EEOC) eeoc.gov 800-669-4000 info@eeoc.gov

Florida Fair Employment Practice Agency (FEPA) Florida Commission on Human Relations Building F Suite 240 325 John Knox Rd. Tallahassee, FL 32399-4149 850-488-7082 or 800-342-8170 fchr.state.fl.us/

States and local government have enacted statutes that parallel and often exceed federal protections.

Always consider possible discrimination …

Hiring Process Discipline Termination Assigning work / responsibilities Training, coaching, and counseling Establishing terms and conditions of employment Establishing privileges (benefits) of employment

Disparate impact is usually unintentional and occurs when a decision, practice, or policy has a disproportionately negative effect on a protected group.

Types of Discrimination

Disparate impact focuses not on discriminatory intent, as disparate treatment does, but instead on discriminatory consequences.

Disparate impact involves employment practices that are neutral in their treatment of different groups but that impact more severely on one group than another and cannot be justified by business necessity…Proof of discriminatory motive is not required under a disparateimpact theory.

Disparate treatment is intentionally treating a person in a protected class differently from other employees.

It is defined as discrimination in which the employer simply treats some people less favorably than others because of their race, color, religion, sex, or national origin.

Types of Discrimination

Whether or not an employer can be found liable “depends on whether the protected trait…actually motivated the employer’s decision.” 2

2 St. Mary’s Honor Ctr. V. Hicks, 509 U.S. 502 (1993).

Disparate Treatment Theory

Unlike a disparate impact case, an individual seeking to recover under a disparate treatment theory must prove that the employer’s intentional discriminatory motive was the basis for a particular employment practice

Evidence Direct Evidence Includes statements or documents that directly shows discrimination Circumstantial Evidence When no direct evidence is available, the complainant must present sufficient circumstantial evidence to establish a prima facie case.

The burden shifts to the employer to articulate a legitimate, non-discriminatory action for its decision. The complainant must then demonstrate that the employer’s reasons are false or inaccurate

Prima Facie

Latin for ‘at first look’ or ‘on its face’, referring to a legal

situation in which the evidence is sufficient to prove the case in the absence of substantial contradictory evidence.

In a discipline or discharge case…

Employee was performing satisfactorily, or did not violate the policy or procedure that led to the discipline or termination, or Other employees who had similar job responsibilities or who engaged in similar acts were not punished similarly

Motive and Justification A legitimate motive simply means a non-discriminatory reason for the employment decision.

The employer is not required to convince the Hearing Officer/Judge that the reasons justified the action, only that the reason presented was non-discriminatory.

Retaliation Retaliation discrimination occurs when a person takes action against another person who has exercised his or her right to make a complaint regarding possible discrimination, or When a person takes action against another person who participates in the discrimination complaint process, even if they are simply a witness who provides a statement during a discrimination investigation.

National Origin

National Origin refers to birthplace, ancestry, culture, or language.

A rule requiring that employees speak only English on the job may violate Title VII unless it is a requirement necessary for conducting business.

Any such requests or inquiries must be directed to the Fire Chief and Human Resource Administration.

Religion

Must reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

This affects terms and conditions of employment, including: benefits, assignments, promotion, demotion, discipline.

No employee shall be forced to participate or to not participate in any religious activity as a condition of employment, explicitly or implicitly.

NUGGET You can lead by example or be an example of how not to lead

NUGGET You can lead by example or be an example of how not to lead

Used with permission

Sexual Harassment

Sexual Harassment is a form of sex discrimination.

Sexual Harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This is an issue of POWER, not SEX. Sexual Harassment can manifest as a ‘Quid Pro Quo situation, or the creation of a ‘Hostile Work Environment’.

Verbal and physical conduct of a sexual nature is HARASSMENT when the following conditions are present:

EEOC Guidelines

•

•

•

Submission to such contact is made either explicitly or implicitly a term or condition of an individual’s employment.

Submission to or rejection of such contact by an individual is used as a basis for employment decisions affecting the individual.

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Sexual Harassment and EEOC

In 1980, the EEOC determined that sexual harassment is a form of discrimination and violates Title VII. Amended in 1993, broadening scope and identifying types of sexual harassment, employer responsibility (training programs, policy, etc), and recognition of “reasonable person” criteria.

The Fire Service and Sexual Harassment

“There are 1.04 million firefighters in the United States, but only about 9 % are women” National Fire Protection Association - September 2020

In 2018, 7% of U.S. firefighters were female which was up from approximately 4% in 2013.

The Fire Service and Sexual Harassment

The job is complicated by working conditions, hours, etc.

Some reports indicated that up to 85% of women Firefighters, career and volunteer, have experienced sexual Harassment.

Only about 5% of sexual harassment cases are reported.

The reasons are many…

Sexual Harassment occurs when…

Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment; or Submission to or rejection of such conduct by is used as the basis for employment decisions affecting the individual; or Such conduct has the purpose or affect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Typical Forms of Harassment • • • • • • • • • • • • • • •

Verbal/Visual Jokes Unwanted Propositions Threats Passes Suggestive, violent or sexual photographs Pin-ups, Magazines, Cartoons Unwanted sexual compliments Repeated requests for dates Repeated requests for sexual favors Excessive flirting Wearing revealing attire Staring Sharing inappropriate pictures Inappropriate phone calls/texts/email

• Physical • Unwanted touching on any part of the body • Touching of breast and hips • Unwanted brushing against another’s body • Standing too close • Excessively “lengthy” handshakes • Physical attack

Gender Stereotypes

•

Male Against Female - Responding to real or perceived loss of power.

•

Female Against Male - Expression of retaliation or ‘flexing’ of power.

•

Male against Male

•

Female against Female

You have TWO Choices…

WAKE UP AND ADAPT or BE STUPID AND RESIST …and you can’t fix stupid

Myth vs.

Reality

Myth: When a woman says “NO”, she really means “YES”.

When a man says “NO”, he really means “YES”.

Reality: No one can person can assume that they know what another person feels or wants. For fear of reprisal, many people will not or cannot put up a strong resistance to sexual pressure.

Myth vs. Reality Myth: Many charges of sexual harassment are false.

Men and women are fantasizing or lying to get someone in trouble.

Reality: False reports are rare. There is little incentive for men or women to file false harassment charges.

Myth vs. Reality Myth: People bring harassment upon themselves by the way they act and dress.

Reality: While the organization should control provocative dress in the workplace, appearance and dress do not provide a license to break the law.

Myth vs. Reality

Myth: If a victim voluntarily enters into a sexual relationship, there is no liability.

Reality: Even if the victim enters into a voluntary sexual relationship, it is no defense if the victim feels that some or all the sexual conduct is unwelcome. Past welcome sexual advances do not prove the person welcomed subsequent sexual advances.

Myth vs. Reality

Myth: You need substantial corroborating evidence to determine sexual harassment.

Reality: The victim’s word can lead to a finding of sexual harassment, even in the face of an unequivocal denial by the accused harasser.

Myth vs. Reality

Myth: If management didn’t know about sexual harassment, they are not liable.

Reality: Upper management is strictly liable.

Myth vs.

Reality

Myth: Quid Pro Quo is the only real way to hold someone liable for sexual harassment.

Reality: Creating a hostile environment has led to numerous sexual harassment lawsuits.

Hostile Work Environment Creating an environment that ridicules, or offends or intimidates the employee.

Does not have to involve any specific job benefit.

Can be created by sexually related verbal and nonverbal behavior.

Conduct must be severe and pervasive.

Court Cases Regarding Sexual Harassment Meritor Savings Bank v. Vinson (1986) Distinguished between “voluntary” and “involuntary”, as well as “welcome” and “unwelcome” advances. Determined that the appropriate test is not whether the activity is voluntary, but that it is unwelcome.

Rejected “Quid Pro Quo” as the only form of sexual harassment, and authorized suits to be filed based on “hostile, offensive or intimidating work environment”.

Employers are responsible for the actions of employees.

“Reasonable man” rule changed to “reasonable person”.

Covered by Title VII and not limited to discrimination having economic or tangible effects.

Robinson V. Jacksonville Shipyards (1991)

“Pornography on an employer’s wall or desk communicates a message about the way he or she views men or women, a view strikingly at odds with the way men and women wish to be viewed.”

Harris v. Forklift Systems Inc. (1993) Plaintiffs need not show psychological injury (extreme distress) to prevail. Juries must consider such factors such as frequency, severity, humiliation, and interference with workplace performance.

“When the workplace is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive work environment, Title VII is violated”.

Unwelcome sexual conduct constitutes sexual harassment if a reasonable person would, and the harassed person perceives, the behavior as creating a hostile work environment.

Burlington Industries Inc. v. Ellerth (1998) Under Title VII, an employee who refuses sexual advances and threats can recover even though there was no adverse tangible employment consequence.

The employer can defend a sexual harassment claim with an affirmative defense (Can avoid liability through certain actions).

You cannot escape liability because the harassing supervisor isn’t the immediate supervisor. Being uninformed is no defense.

Sexual Harassment policies need to be customized and demonstrate that all employees are well-trained, tested and updated.

Faragher v. City of Boca Raton (1998) Employers cannot claim they are not liable for supervisors who were disconnected from organizational monitoring because of their remote location.

Emphasizes the importance of informing all employees of the sexual harassment policy.

An affirmative defense can be raised.

Ellerth and Faragher are critical in their ruling that state that Fire Departments may be held liable even when the harassment is not reported.

An Employer’s Affirmative Defense Court precedent has made it clear that employers are always liable of discriminatory acts by supervisors if resulting in tangible (real or substantial) personnel action.

If a tangible personnel action does not exist, the employer may attempt an effective defense if… …it can show reasonable care in preventing or promptly correcting harassing behavior; and …it can show where an employee who is charging sexual harassment has failed to take advantage of a valid complaint procedure.

Oncale v. Sundowner Offshore Services(1998)

Same-sex harassment is covered by Title VII, regardless of whether you’re gay or straight.

Invokes the common sense and “reasonable person” standard to differentiate between what behavior constitutes a hostile environment.

Unwelcome means…

UNWELCOME

UNWILLING

UNSOLICITED

Various Circumstances…

The victim or harasser may be male or female and the victim does not need to be the opposite sex.

The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.

Various Circumstances (continued)…

The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.

Unlawful sexual harassment may occur without economic injury to or discharge of the victim.

The harasser’s conduct must be unwelcome.

Prevention

Conduct yourself in a businesslike manner.

Dress appropriately for the job.

Become familiar with your right to work in an environment free from discrimination based on sex.

Be prepared to assert your rights.

Have a clear anti-harassment policy.

Become acquainted with your organization’s policy and procedures for reporting harassment.

Prevention

Educate all employees.

Distribute the policy to all employees to acknowledge and sign.

Post the policy prominently.

Provide information to new recruits, promotions, officer training programs, etc., as well as annually to all staff.

Educate all personnel about their own liability when they engage in harassing conduct and retaliatory behavior.

Rights and Responsibility Every person has the right to be valued for his or her work performance without having to deal with any form of harassment.

Every person in the workplace also has the duty and responsibility to ensure these rights are complied with and protected.

If you are sexually harassed…

Remain calm and professional. Avoid being overly dramatic.

Be direct and candid with the person. Let your feelings be known and let them be known right away.

Be prepared to share all the facts surrounding the incident WHO WHAT WHEN WHERE HOW

Four basic steps in handling the complaint…

#1 Obtain the complaint • Take the complainant seriously.

• Assure the complainant that action will be taken promptly and discreetly.

• Express no emotion and no opinion • Put aside personal biases • Be an active listener.

• Ask how they communicated the fact the behavior was unwelcome.

• Ask how the behavior has changed his/her working conditions.

• Document everything.

• Make no commitment

#2 Interview the alleged offender.

• Take the accused seriously • Assure the accused that action will be taken promptly and discreetly • Express no emotion and no opinion • Put aside personal biases • Be an active listener • Get as many details as possible • Document everything • Make no commitment • If no resolution or conclusion is made, and the alleged offender denies the behavior or has a variation of the story, go to the next step

#3 Initiate the Investigation • Be discreet • Stop the harassment • Protect the person who filed the complaint • Notify the Union, if applicable • Apply the Firefighter’s Bill of Rights, if applicable • Notify your supervisor • Enlist the help of your supervisor and the HR Department • Document everything

#4 Take Appropriate Action • If you conclude that an incident did occur, consult with your organization’s policy and take appropriate action.

• Be prepared to fully explain the results of your investigation.

• Keep the complainant aware of any progress or issues.

• At the proper time, explain to the harasser that he/she has the right to appeal the decision.

• Document everything.

NUGGET If everything is a priority, then nothing is a priority

AMERICANS WITH DISABILITIES ACT (ADA)

The Americans with Disabilities Act of 1990 An individual with a disability is a person who • Has a physical or mental impairment that substantially limits one or more major life activities, • Has a record of such an impairment, or • Is regarded as having such an impairment.

The Americans with Disabilities Act of 1990 Applies to employers with more than 15 employees since July 26, 1994.

Prohibits discrimination against qualified disabled people as defined.

Provides employment access rights provided the job is not adversely affected and that “reasonable” accommodation can be provided.

Qualified means…

A qualified disabled employee or applicant is someone who satisfies the skill, experience, education, and other job-related requirements of the position held or desired and who, with or without reasonable accommodation, can perform the essential functions of that position.

ADA

Prohibits discrimination against the disabled in public and private employment, access to public services, public transportation, and telecommunications.

Disability means a physical or mental impairment that substantially limits one or more major life activity.

Discrimination is prohibited against people with qualified disabilities (who meets the skills, experience, education, and job requirements for the position who, with or without reasonable accommodation, can perform the essential functions of the job.

ADA

Reasonable accommodation may include: • Making existing facilities accessible • Job re-structuring • Modified work schedules • Equipment modification • Policy changes • Providing readers and interpreters • Re-assignments to another area.

ADA

Reasonable Accommodation should be addressed providing it does not pose an undue hardship on the employer or the employer’s operation.

Undue hardship refers to a significant difficulty or expense to the employer.

Employers are not required to lower quality or quantity of production standards that are standard to other employees.

FD – NFPA 1582 Standards of Medical Requirements address the unique and unexpected nature of medical issues as it relates to the types of responses.

You cannot ask about a specific disability, but you can ask about the employee’s ability to perform a specific task. The medical exam comes as the final step after a job offer.

The Americans with Disabilities Act of 1990

Murphy vs. UPS (1999 Supreme Court case) • Ruled that employees who can function normally when their impairments are treated do not qualify under ADA. Those who use drugs illegally are not protected when action is taken against the employee due to drug or alcohol use/abuse.

Homosexuality and bi-sexuality are not impairments and are not covered.

NUGGET Never assume that you are dealing with a rationale process

Pregnancy Discrimination Act Pregnancy Discrimination - Definition: Treating a woman (applicant or employee) unfavorably because of pregnancy, childbirth, or a related medical condition Applies to any aspect of employment and any term or condition of employment.

If unable to perform her job due to a related medical condition the employer shall treat her as any other temporarily disabled employee (light duty, alternative assignments, or disability leave or unpaid leave if this applies to other temporarily disabled employees.

If an employer requires employees to pre-submit a Doctor’s note concerning his/her ability to work, the employer may require employees with pregnancy related conditions to do the same.

Impairments (gestational diabetes, preeclampsia, etc.) may be disabilities under the ADA which may require reasonable accommodation Leave or modifications.

Pregnancy Discrimination and Harassment

It is unlawful to harass a woman due to pregnancy or childbirth.

Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or an adverse employment decision.

As with any other type of Title VII harassment, the harasser can be a supervisor, a co-worker, or someone who is not an employee, such as a client, customer, or service provider.

Pregnancy and FMLA

Per the Family and Medical Leave Act (FMLA) new parents, which includes foster and adoptive parents, may be eligible for twelve weeks of leave. Eligibility includes being employed with that employer for twelve months prior to taking the leave.

Pregnant employees may have additional rights under FMLA including the right to express milk in the workplace under a provision of the Fair Labor Standards Act (FLSA)

Family Medical Leave Act (FMLA)

The employee works for a covered employer (government entity or private employer) that has at least 50 employees (Must have 50 employees at a worksite or within 75 radius of the worksite) The employee has worked for at least 12 consecutive months with the employer immediately before taking the leave The employee has worked at least 1250 hours in the 12 months preceding the leave The employee experiences a qualifying event and provides sufficient and adequate notice to the employer

FMLA-Qualifying Events

The birth of a son or daughter and the purpose is to care for the child

Placement of son or daughter in home of employee through adoption or foster care

The serious health condition of employee’s spouse, son, daughter, or parent

The serious health condition of an employee that makes him unable to perform the functions of the job.

What FMLA Does Not Include…

Anything other than the childbirth, adoption, or foster care of new child or the care of a serious medical condition of the employee, his or her child, or a family member Other activities that come with parenting, like school conferences, marital counseling, and doctor visits for non serious medical conditions.

What an Employer Must Provide…

Up to 12 workweeks of leave per any 12-month period.

Maintenance of health benefits as if the employee had not taken the leave.

Return the employee to the same position before the leave or provide an equivalent position with the same benefits, pay, and other terms and conditions of employment.

These requirements are base requirements. An employer can expand these rights and determine whether to continue to pay the employee when he or she is on leave.

Notice to the Employer…

The employer should set up a system for employees to ask for leave.

A 30-day notice is required where knowledge of need is known ahead of time.

Upon receiving a request for leave, the employee must be given 15 days to provide medical documentation to the employer.

Employer has the right to verification of medical certification of the health condition.

Employer may require second-opinion medical certification (at employer’s expense)

Employer may require a fitness for duty report to return to work.

NUGGET

Live your department’s values before you communicate them

There are no laws that require, prohibit, or regulate employee performance appraisals.

However, their legality can be challenged if not handled correctly

PERFORMANCE APPRAISAL

NEGLIGENCE

An appraisal that is not fair and objective constitutes negligence

• An evaluation has been deemed to be a tangible job benefit.

HARASSMENT

• Interference with this benefit may be a form of harassment under Title VII.

DISCRIMINATION Unfair treatment of an employee based on race, gender, religion, age, or disability.

Occurs when evaluations are subjective and not directly related to initial job tasks.

DEFAMATION

• Disclosure or release of false or misleading information that negatively affects an employee’s reputation.

• Chiefs can share evaluation results to HR, but the results must be fact-based and directly related to the employee’s job performance.

GROUP ACTIVITY

CONTRIBUTING FACTORS TO SUCCESS THE PSYCHOLOGY OF EVALUATIONS PRIMARY GOALS ADVANTAGES IF DONE CORRECTLY

THE FOUNDATION A foundation should be established that provides: •

Linking job analysis to evaluation criteria

•

Choosing the appropriate evaluation method to assess outcomes

•

Adequate training on the evaluation process

•

Open and honest two-way communication

•

Consistent, bias-free assessment of employees’ work

•

Establishing a feedback system that includes year-long evaluation

•

Proper documentation

•

Accessibility with confidentiality considerations

ENHANCED VALIDITY AND RELIABILITY Individuals are rated on observable dimensions of performance

Clearly defined rating criteria must be understood by supervisors and employees

Rating scales that define levels of performance must be job-related and supported by a job analysis

Ensure that evaluators and those evaluated are well-trained in the application of the appraisal system

(Fire Service Personnel Management, Steven T. Edwards, 3rd Ed. P311)

RATING BIASES

Recency Similarity Frame of Reference Horn / Halo Initial Impression Leniency Contrasting Central tendency Attribution Projection

GOAL EXPECTATIONS AND STANDARDS

GOALS AND STANDARDS MUST BE: MANAGEABLE COMMUNICATED STATED IN PRECISE TERMS OBJECTIVELY STATED MEASURABLE

PAY FOR PERFORMANCE DISCUSSION

In Summary…

Organizations should: • Develop a standardized evaluation process • Train ALL employees in the process • Train evaluators how to evaluate • Use it for what it is intended to be used for • Link job description to evaluation • Allow access to all employees • Evaluate employees at least annually • Make evaluations a department policy • Clearly define all categories and all definitions • Allow a review process that is fair and impartial

NUGGET Success and rewards go to those who let their actions rise above their excuses

Welcome Back ESLI December 2022

chief fire officer

PUBLIC vs.

PRIVATE SECTOR UNIONIZATION

Two major differences: • More bosses in the public sector.

• Strikes are more difficult to justify.

In 1978, Congress passed the Title VII of the Civil Service Reform Act (aka the Federal Service Labor-Management Relations Statute) which created the Federal Labor Relations Authority (FLRA) which clarified unit determination, the scope of bargaining, and impasse resolution.

Federalism (rights provided to states) carries these provisions to local and state governments.

PUBLIC SECTOR ADVANTAGES

Public Sector advantages over the Private Sector: • Provides services to the public within a specific geographic area.

• Union members are voters.

• Successful in obtaining court opinions enforcing the value of individual rights defined and protected by seniority.

WHY PEOPLE JOIN UNIONS

•

LACK OF RECOGNITION (Unappreciated)

•

LACK OF REPRESENTATION (Limited protection)

•

LACK OF RESPECT (No sense of personal value)

•

LACK OF CONTROL (No empowerment)

•

DOUBLE STANDARDS (Fairness, Consistency, and Equity)

•

JOB INSECURITY (At-will vs. Stability)

COLLECTIVE BARGAINING A set of procedures under which employees are represented in the negotiation and administration of the terms of their employment.

Collective bargaining is affected by the unions’ ability to persuade the public and legislators that strong unions are tied to vital public concerns that go beyond the economic concerns of their members. These include: • Employment of minorities and women.

• Organizational justice (benefits, training, involvement).

• Productivity.

• Retirement and Healthcare.

• Dispute resolution

Encompasses three basic points: Employer cannot refuse to bargain over mandatory subjects of bargaining

Law of Collective Bargaining

Must bargain in Good Faith over mandatory subjects until contract is settles or impasse is reached Employer cannot unilaterally implement a change to the contract until impasse, and then only if the changes were previously offered for consideration

While most decisions will affect employees, not all are a mandatory subject of bargaining.

Mandatory Subjects of Bargaining

Defines as - Wages, Hours, and other Terms and Conditions of Employment.

Generally defined as issues - that settle an aspect of the relationship between the employer and the employees.

Allied Chemical & Alkaline Workers of America v. Pittsburgh Plate Glass Co., 404 US 157,92 S Ct. 383, 30 L Ed. 341 (1971)

If one party wishes to bargain over a mandatory subject, it may be a ULP for the other party to refuse.

GOOD FAITH BARGAINING An open, honest, and reasonable attempt put forth by both parties in the negotiation process toward reaching an agreement. Failure to bargain in good faith can result in an unfair labor practice.

The NLRB and Employees Relations Act consider openness, fairness mutuality of conduct, and cooperation to determine good faith bargaining.

GOOD FAITH BARGAINING means respecting one Another’s an opinion, agreeing to disagree, and a willingness to listen to the concerns of the opposing side.

GOOD FAITH BARGAINING Parties are not required to reach an agreement but are required to bargain in good faith.

Subjective concept – Courts will look at all circumstances, regarding behavior away from the bargaining table to make a decision.

Unilateral Contract Changes Violation is an ULP. Once in effect, no changes can be made unilaterally to the contract, without bargaining.

This applies even after the CBA expires.

Contract is in effect until replaced or impasse is declared.

A pre-impasse unilateral change is an ULP even if the change benefits both parties and is agreed upon.

WAGNER ACT (NLRA – 1935) Recognizes the right of all private employees to join unions Requires management to recognize and bargain collectively with the unions Established the NLRB which certified unions as bargaining representatives Promoted “good faith” bargaining and set the rules for an impasse Establishes procedures for union elections and investigation of complaints Identified unlawful acts involving unfair labor practices

NATIONAL LABOR RELATIONS BOARD Members are appointed to five-year terms and empowered to ‘protect the rights of the public in connection with labor disputes that affect commerce’.

The basic principals that guide the NLRB are: • Encouragement of labor organizations and collective bargaining • Recognition of majority representation • Establishment of proper administrative action for enforcement and the imposition of sanctions and punishments, if warranted.

TAFT-HARTLEY ACT (1947) Prohibited labor unions from engaging in unfair labor practices and allowed states to pass right to work laws which stopped unions from requiring membership in order to qualify for jobs (closed shop).

Also, this Act created the Federal Mediation and Conciliation Service (FMCS). This act allows the President to order a 80-day cooling-off period if a strike threatens the Public welfare.

Unfair Labor Practice Examples • Coercing workers to not join unions • Question workers regarding union sympathies or activities • Promising extras to workers to in influence his/her union support • Refusing to process grievances • Constructive discharge due to legit union activities

Management needs to understand that unions have an ‘absolute’ right to bargain and management has no corresponding right to stop the process.

du

Used with permission

THE COMPANY OFFICER ROLE IN THE LABOR MANAGEMENT RELATIONSHIP First Line of Authority (Defense) ‘Push and Pull’ Position (Allegiance) Personal Relations - Impersonal Decisions Officers’ Integrity is Constantly at Risk Supervisor, Coach, Mentor, Expert Consistency - Critical and Impossible Patience is a Virtue Know (and follow) the Rules Preventative, Corrective and Punitive Action Decisions Have Long-Lasting Impact The Organization Trumps Personal Interest If You See a Problem – Own It – Then Fix It. Stay Involved with the Process

The FINER POINTS of Effective Labor Management Relations • • • • •

Focused Involved Navigable Educated Respected

• • • • • •

Participative Observant Interest-Based Nurturing Task Oriented Structured/ Stable

C

O M M U

N

I

C

A

T

I

O N •

©William Lawrence Associates LLC

NUGGET

There's a fine line between not giving an inch and not giving a damn.

Disciplinary Process & Progressive Discipline

Retaliation Retaliation discrimination occurs when a person takes action against… a person who has exercised his or her right to complain about discrimination or a person who is participating in the discrimination complaint process, even if only a witness or providing a statement during a discrimination investigation.

Constructive Discharge Constructive Discharge Definition: Constructive discharge generally means an employee resignation caused solely by an employer implementing or allowing an extraordinary change that made working conditions so intolerable, it would have compelled any reasonable employee to resign.

Constructive Discharge •

Transfer to another supervisor/job

•

Avoiding criticism or poor evaluations

•

Demotion

•

Insistence that the employee “voluntarily” quit

•

Acting out of anger or frustration

•

Coming up with a false rationale

•

Expressing dissatisfaction to others

Discipline

•

Preliminary investigation (Informal)

•

Employee interview

•

Witness interview

•

Making a decision

•

Communication of the discipline decision

•

Appeal process – predetermination hearing

•

Implementation of Discipline

Progressive Discipline Process and Purpose A process for dealing with job-related behavior that does not meet expected and communicated performance standards The primary purpose is to assist the employee to understand that a performance problem exists as well as an opportunity for improvement

Progressive Discipline Benefit The process of progressive discipline is not intended as punishment for an employee, but to assist an employee to overcome performance problems and to satisfy job expectations.

Progressive discipline is most successful when it assists an employee to become an effectively performing member of the organization.

Progressive Discipline If unsuccessful, progressive discipline enables the organization to fairly, and with substantial documentation, terminate the employment of employees who are ineffective and unwilling to improve.

Progressive Discipline Steps Counseling Verbal Reprimand Written Reprimand Suspension Demotion (if applicable) (Last Chance Agreement) Termination Note: All steps are documented and correlated

Progressive Discipline The concept of “progressive discipline” will be implemented and practiced by all Department officers. The degree of penalty imposed on an employee for a specific offense shall be dependent upon numerous considerations, including severity of infraction, cost involved to the City in time and/or materials, the interval between violations, and the length and quality of the service record. An employee being counseled or reprimanded is one thing; one being suspended or terminated is quite another.

All discipline must be based on a firm and solid foundation. This means that discipline will follow a course of action that progresses through a proper and fair procedure. Thus, mild penalties, such as documented verbal counseling or written reprimand, will be used when appropriate prior to implementing severe penalties such as suspension(s) or termination. Again, the degree of penalty must fit the severity of the offense.

Galena (IL) Fire Department Policy and Procedure (Rules and Regulations #05)

Progressive Discipline Allows managers to intervene and correct employee behavior at the first sign of trouble Enhances communication between managers and employees achieve higher performance and productivity from their employees Improves employee morale and retention by • Demonstrating that there are rewards for good performance and consequences for poor performance, and • Avoiding expensive replacement costs Ensures consistency and fairness in dealing with employee problems, and lays the foundation for fair, legally defensible employment termination for employees who cannot or will not improve.

Discipline DOs • DO familiarize employees with the discipline policy • DO use objective criteria • DO be consistent • DO document verbal, as well as written, warnings • DO understand and use the Firefighters “Bill of Rights”

• DO review the disciplinary record of the employee prior to making a decision • DO be direct and honest • DO investigate any rumors, allegations, or other information regarding alleged discrimination prior to taking an action.

Discipline DO NOTs • DO NOT permit a job performance problem to get out of hand before taking appropriate action.

• DO NOT lose your temper during disciplinary or discharge interviews.

• DO NOT apologize for your discipline decision.

• DO NOT ignore allegations by employees of alleged discrimination.

Absolute DO NOTs DO NOT discipline or discharge an employee in violation of existing legal standards, including: • Filing a Worker’s Compensation Claim • Filing a discrimination complaint • Applying, being granted, or returning from FMLA • Requesting or receiving a reasonable accommodation under Title VII or ADA

When dealing with ALL HR Matters…

Remember the 5 R’s and the 5 C’s Ready Responsive Receptive Relentless Reasonable

Confident Composed Civil Clear Concise

NUGGET Those who underestimate the intelligence of their employees generally overestimate their own intelligence

Used with permission

NUGGET Ignorance is curable but stupidity is permanent - you can’t fix ‘stupid’

Used with permission

THE NEGOTIATION PROCESS

Designed to promote the balancing of the rights and the interests of employees, the union, and management.

Designed to foster a two-way flow of communication.

NEGOTIATIONS BEGIN WHEN… • The union requests to meet to discuss the agreement and submit proposals.

• Management requests to meet to discuss the agreement and submit proposals.

• Within the time parameters specific in the CBA, either party notifies the other of their intent to renew, extend, or renegotiate the CBA. • The parties jointly agree to discuss their interests and how to satisfy these interests through a written agreement.

MANAGEMENT RIGHTS

Mandatory • Topics which vitally affect employees (Wages, Benefits and Working Conditions) • Must be bargained if requested by either party Permissive • Topics that, if presented, may be bargained • Cannot be moved to impasse • No concession or agreement is necessary

PAST PRACTICE A Prevailing Right The way things have been done in the past

IMPASSE Two types: • Disagreement of substance (pay and benefits) • Disagreement over interpretation of contact language.

Remedies: • Mediation (neutral third party intervention) • Arbitration (interested in ‘last, best final offer’; may be binding and may result in imposed contract for one year)

GRIEVANCE PROCEDURE

Violation of the CBA or Interpretation Issue Identifies: • Timetable for Action and Consequences • Hierarchy • Rules of Engagement (Representation, Recording) • Used for Rights Arbitration vs. Interest Arbitration • Binding vs. Non-Binding Arbitration

NUGGET You will never learn anything while you are talking

INTEREST-BASED BARGAINING

INTEREST BASED BARGAINING (IBB) Integrative bargaining (also called "win-win” bargaining) is a negotiation strategy in which parties collaborate to find a solution to their dispute.

This strategy focuses on developing mutually beneficial agreements based on the interests of the disputants.

After interests are identified, the parties need to work together cooperatively to try to figure out the best ways to meet those interests.

IBB vs. TRADITIONAL BARGAINING The big difference between IBB and traditional bargaining is the underlying assumptions and attitude each party brings to the process.

Trust is critical to get to the table but Interest carries the conversation.

PRINCIPLED NEGOTIATION Positional Bargaining Soft

Positional Bargaining Hard

Principled Negotiation

Participants are Friendly

Participants are Adversaries

Participants are ProblemSolvers

Goal is Agreement

Goal is Victory

Goal is a Wise and Mutual Outcome

Make Concessions

Demand Concessions

Separate People from the Problem

Trust Others

Distrust Others

Proceed Independent of Trust

Change Position Easily

Hold to your Position

Focus on Interest, Not Positions

Make Offers

Make Threats

Explore Interests

Responses Will Be Considered

Responses May Be Considered

Responses Generate Options

Insist on Agreement

Insist on your Position

Insist on Objective Criteria

Yield to Pressure

Apply Pressure

Yield to Principle, Not Pressure

INTEREST-BASED BARGAINING Interest-Based Bargaining is grounded in respect and trust. Without both, there is a good likelihood of failure.

This process, which can save time, money, and unnecessary anxiety for those involved, is dependent on effective and efficient labor management cooperation.

IBB-MAJOR FACTORS TO CONSIDER Is there internal consensus with labor and management to engage in the IBB process? If not, the process may cause strife within the organization.

Do the representatives at the table have the authority to bargain or is further review by others necessary?

Do the parties have the ability to clearly and effectively communicate? Does trust exist? Is the environment conducive to this process?

Knowledge of the process is as important as following the rules.

Are both parties willing participants to this process?

Are the parties’ expectations reasonable? (Do not expect miracles). There is a certain level of organizational maturity that is necessary for success.

Is there hostility among parties?

IBB - Interest Based Principles 1.

Submit problems to be solved, not demands to be negotiated.

2.

Focus on interests, not positions.

3.

Commit to full disclosure of all information.

4.

Involve and equally enable all participants.

5.

Commit required resources to the process.

6.

Consider each issue solely on merit and what is best for the organization.

7.

Use problem-solving processes.

8.

Develop solution options that satisfy both common and separate interests.

9.

Evaluate options using objective standards.

10.

Agree upon a mutual gain solution.

IBB - Interest Based Promises 1.

Enhanced relationships.

2.

Participation satisfaction.

3.

Constructive, cooperative environment.

4.

Open and honest communications.

5.

Value Driven – (Diversity, Creativity Integrity, Stewardship).

6.

Mutual gain outcomes.

7.

Solutions supported by all parties.

8.

Solutions that last.

9.

Effective use of time.

10.

Avoidance of adversarial methods.

IBB - Four Components of Communication • • •

SENDER Verbal communication begins with the sender who has a thought or an idea.

This thought must then be put into words that can be communicated and understood.

• • •

MESSAGE The message must be put into words that the receiver can understand.

The message is of no value if it uses words the receiver cannot understand.

• • • •

RECEIVER The receiver must be ready for the message.

The receiver cannot be thinking about something else, but must put all thoughts out of mind.

The receiver must process the message into meaningful thoughts, not just hear the words.

• • •

FEEDBACK Feedback is the most important part of verbal communication.

Without feedback, the sender does not know whether the receiver – Got the message – Understood the message – Agrees with the message – Will act on the message

IBB - Communication • While words are critical to the message, research indicates the 7 to 10% of a message’s meaning comes from the words we choose. Close to 90% comes from non-verbal communication (facial expression, tone and pattern of voice, and postures and gestures.

• Common barriers to effective communication include lack of fundamental knowledge of the subject, differences on perception, and emotions of either the sender or the receiver.

Federal Mediation and Conciliation Services

IBB – Problem Solving Process INTEREST BASED PROBLEM SOLVING PROCESS STATE THE ISSUE

DEFINE THE ISSUE

DETERMINE INTERESTS

GENERATE OPTIONS

SELECT A SOLUTION USING STANDARDS

FINAL STATUS OF AGREEMENT (CLOSURE)

IBB - Worksheet ISSUE ISSUE DEFINED INTERESTS DEFINED OPTIONS TENTATIVE AGREEMENT STATEMENT FINANCIAL IMPACT

•

SAMPLE

•

REFERENCE: CBA Article 11, Physical Exams and Immunizations, Section 1, A.

• ISSUE: The applicable version of NFPA 1582 needs to be clearly identified as this is a document that undergoes periodic changes. NFPA 1582 is the principle guide for our physical exam article. It was noted this past year that there were some significant changes from the old edition to the new edition.

•

ISSUE DEFINED: Same as noted above.

• INTERESTS DEFINED: Given the dynamic nature of health care and the advances made in both the diagnosis and treatment of various medical conditions, it is prudent to make sure that all references to the NFPA standard include the latest version of that document. Failure to make this change can cause confusion and can lead to inconsistent policy implementation.

• OPTIONS: Include language in the article that requires any reference to medical conditions, exams or treatment done so with the most current release of the NFPA 1582 standard.

• TENTATIVE AGREEMENT STATEMENT • Ref: Second Sentence: “The exam will be conducted in accordance with the most current version of N.F.P.A. 1582 upon concurrence with the Labor Management Team.”

• FINANCIAL IMPACT $0 There is, however, the potential for increased medical expenses due to additional testing and treatments, including employee expenses related to non-work-related illnesses.

IBB -Ten Rules of Engagement •

Everyone is to be treated with respect at all times.

•

This is a safe environment. Opinions are welcome but allow the lead negotiators to serve as the spokespersons.

•

No sidebar discussions while others are speaking. One person speaks at a time (see #1).

•

We are here for the better good of the organization, leave your personal issues at the door.

•

Stay on time. Arrive in time to begin the session at the scheduled time.

•

Stay on track. Do not allow the discussion to wander too far from the issue being discussed.

•

Do not use meeting to regurgitate what has been said and decided at a previous meeting.

•

Come to each meeting prepared with assignments completed.

•

Focus on the interests; and concentrate on the issues, not the people involved with the issues.

•

Do not take issues personally.

LABOR MANAGEMENT COOPERATION Developing efficiencies, enabling available human resources, respecting differences, and ensuring effective communication and common sense leadership practices in the interest of improving the organization

OBJECTIVES DEVELOP A SENSE OF BUY-IN ENHANCE SUPPORT OF CHANGE DEVELOP POSITIVE RECIPRICAL RELATIONSHIPS INCREASE PRODUCTIVITY INSPIRE LESS RETALIATION GAIN BETTER TIME UTILIZATION APPRECIATE SIMILARITIES AND DIFFERENCES

Questions for the Panel

Nuggets  Identify and encourage the strengths of individuals  Certainty of the future is a sure sign of mental illness  The best way to predict the future is to create it  Progress is seldom made by those who are reluctant to question rules, or to challenge the status quo  Information is 'giving out‘ / Communication is 'getting through‘  Never assume that you are dealing with a rational process

Nuggets  There is a difference between intelligence and knowledge  Great things are accomplished only by the perfection of details  Are you willing to learn from those with whom you disagree?  Success is not a goal but a byproduct of respect, common sense, and diligence  Its not enough to follow the rules, you need to create them  Conviction will always prevail over expediency ESLI - Module 1

Nuggets  Do not rely on new-age management concepts to improve your organization.  Risk is correlated to complexity, impact, and righteousness  Appreciate the difference between a reason and excuse  Do not surround yourself with sycophants  Do not underestimate the significance of perception  Leaders are expected to be positive, but they are not expected to be delusional

NUGGET Doing something requires …

DOING SOMETHING

THE END Thank you for allowing us to share this time with you.

Otto and Kingman

NEVER FORGET

ALWAYS BE SAFE

INTRODUCTION OF INSTRUCTORS

• Review of Outline / Course Information • The need for this program “When we come to realize that we must take control of those things we can control, and less concerned with those things we cannot control, our world will take on a new meaning. This is possible only if we accept that we alone are accountable for our well-being and our future, and that any positive change in our life is our responsibility. We need to understand that leadership is a journey fraught with barriers that can be overcome, and not a destination.”

WLB

Housekeeping

BUILDING AND MAINTAINING HIGH PERFORMANCE TEAMS

Three Critical External Influences Affecting Today’s Fire Service Political Environment Economic Environment Public Perception of the Fire Service

NUGGET There is a huge difference between the ‘past’ and ‘past tradition’

GROUP ACTIVITY

Fundamental HR responsibilities include…

Attracting qualified applicants Retaining desirable employees Encouraging and Motivating Succession Development Training and Retraining at all levels Ensuring a path to Succession

Goal

Create an environment that stands out and is recognized as a great place to work ‘Stepping-stone’ vs. Destination

Key Elements Commit

Evaluate the Process

Evaluate the Present

Recognize and cultivate the Talent

Determine the Future

Launch the Program

NUGGET A strategy that is accepted and which prevails by minimizing standards is less strategy and more diversion.

NUGGET

Passion and understanding sometime requires having some ‘skin in the game’.

Retaliation Retaliation discrimination occurs when a person takes action against another person who has exercised his or her right to make a complaint regarding possible discrimination , or When a person takes action against another person who participates in the discrimination complaint process, even if they are simply a witness who provides a statement during a discrimination investigation.

NUGGET If everything is a priority, then nothing is a priority

NUGGET

Confidence or Leadership Which comes first? Is it important?

Who really gives a sh#*.