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Preventing and Resolving Grievances

J. Mitchell - October 2012
by

Seth Neeley

on 1 November 2012

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Transcript of Preventing and Resolving Grievances

Hiring Process On Boarding Process Prepare your department for new employees
Upon acceptance of the official job offer
Complete the HR Action Form and forward to HR for processing
Clear your calendar to be available to meet with new employee on their first day in the position On Boarding Process Cont’d Review observations, issues, priorities, etc., and continue to clarify roles, responsibilities, and expectations, as appropriate
Develop position goals and clearly outline projects to be accomplished
Ensure that mandatory trainings are completed
Be available to answer questions and clarify concerns/issues
Establish a plan for professional development Getting started: Administrator completes the official job description and ADA checklist; send to the Human Resources (HR) Department for classification

HR Notifies department once the position is classified

Administrator confirms with their Divisional designated Finance Director that funding exist to create the position Administrator or designee completes the Position Request Form: New and Replacement and secure all required signatures

Approved form is delivered to the HR by either the Provost of Sr. VP Finance, Advancement, and Administration Office

HR works with the Budget Office, who creates the position in Banner (system used by College) and assigns a position number Budget Office notifies both HR and the Department Hiring Manager and/or designee after the position is created, as appropriate All administrators responsible for hiring should create an account in the PeopleAdmin System

To create an user account go to www.jobs.lcc.edu/hr Administrators that supervisory responsibility are required to complete a number of trainings, i.e. concur, timecard approver, etc
Contact HR OD/Labor Relations Assistant at ext. 1879 to schedule required trainings for new administrators
Direct all inquires to the HR Department at ext. 1870 Contact the HR Employment Assistant at ext. 1887 to schedule the Hiring Manager Training in PeopleAdmin Prepare yourself for new employees:
Schedule regular meeting(s); make this a priority and keep interruptions to a minimum Model the kind of behavior you would like to instill in your employees
Make adjustments as needed, but ensure you are aware of any concerns/issues
Contact HR with any questions/concerns Notify your department staff that a new employee is starting and select an employee (someone that will positively reflect the goals of the Office) to help the person get acclimated to the Department/College

Where appropriate, send notification via campus communication to introduce employee to the campus i.e. Administrative level I (formerly administrative level 8) positions and above Arrange for their telephone, computer, and office/cubicle set up, etc

Determine a work plan for the new employee’s first two weeks of employment and share it with them What Did I Do Wrong? Didn't clearly tell her the desired end product
Didn't tell her what it was that I liked about the relevant previous efforts
Didn't involve her in the planning
Didn't monitor her progress
Didn't establish a timeline
Didn't effectively motivate her to produce her best What would your department do if you never tell them…..
Goals & Objectives
Projects
Problems
Expectations Coaching/Counseling Focus on positive as much as possible
Be honest
Use examples
Set clear expectations, including deadlines
Discuss outcomes if goals are not achieved What’s The Platinum Rule? Treat others the way they want to be treated Let’s Practice! What I Did Right Did tell her I wanted her to do something
Did tell her I liked her previous drawings
Did avoid micro-managing her
Did thank her for making the drawing LCC Communication What if ELT members never revealed their decisions?
What if Dr. Knight only told the union presidents his decisions?
What if your boss only communicated with you via email? Types of Communication Informal
Email
Phone Call
Notes
Impromptu Meetings Coaching/Counseling Do you know why the employee isn’t doing what you need him/her to do?
What is the plan to correct the situation?
Need employee input Communication Styles Golden v Platinum Rule What’s the Golden Rule? Who Needs What? Introverts v extroverts (Peacocks v Eagles)
Day-to-day v project work
Planning v reacting
Peak v downtime
Administrator v support v faculty v student Formal
1:1
Staff Meetings
Weekly/Monthly Reports Why focus on preventing and resolving employee concerns? Spend less time on gripes and grievances and more time moving the College forward.
The best grievance we have is the one we never had.
Required by contracts Plain violation of the contract
Disagreement over interpretation of the contract
Factual disputes
Making changes without discussing it with the affected people before hand
People were consulted, did not get their way and are unhappy
Past practice Island and No Man’s Land New - The College has flexibility to ‘fish’ in the ocean, no license required What should you do if you are threatened with a grievance? Contractual violations –Employee/ Union

Disciplinary Action - College Conducting a grievance investigation Activity Break into groups and discuss the case of the questionable student evaluations (Handout) We are here to help you navigate the grievance process
Be objective and ensure thorough diagnosis of the situation, applicable contract language, college policy, and employment laws
Apply best human resources practices to achieve positive outcomes and build our human capital. Objectives - To understand: What constitutes a contract violation
What is a past practice
How to prevent grievances
What to do if you are threatened with a grievance
How to respond to a grievance when you get one
Our grievance procedure and the roles and responsibilities of employees, managers, union representatives and HR What is a Grievance? A grievance is defined as an alleged violation, misinterpretation or misapplication of a specific article(s) or section(s) of a labor agreements, or applicable College policy What do you believe causes grievances? Past practices : In the past How can we use this paradigm shift to improve the College? Why do grievances happen What can you do to prevent grievances? Break into small groups and generate best practices to help prevent grievances
Be prepared to share list What does HR-Labor Relations do? Meets with labor leaders
Communicates with Management
Maintains grievance files
Monitors timelines
Assists supervisor in investigation
Attends all grievance meetings
Supports Administration, as advocate for the College
Schedules grievance hearings
Drafts/reviews grievance answers Employee ‘shall’ discuss the concern with the immediate Supervisor

Supervisor has opportunity to address/ respond Always be amicable, even if you disagree with the grievant
Focus on the relevant facts and issues, not personalities Specify relevant facts and circumstances
Clarify the faculty/staff members concerns
Determine what part of the contract or past practice was violated
After the meeting
Supervisor and HR discuss Level 1 answer
HR drafts answer – supervisor reviews and HR sends to all parties. Tone should be an informal conversation.
Purpose of the meeting is to discuss the matter giving rise to the grievance with the objective of resolving the matter informally.
For contractual violations, Grievant and/or Union representative begins by stating why and how they feel the administrator violated the contract or mutually accepted past practice.
For discipline cases, the HR and / or Supervisor begins by reviewing the reason(s) for the action
Other party responds and discussion ensues If the grievance is not appealed within the contractual time frame, HR closes the grievance and informs the union
If appealed within contractual time line, HR schedules the Level 2 hearing If no resolution is reached
The hearing is closed by the HR representative stating that HR will submit their written response within the time allotted by the Contract
HR drafts response, gets input from Administrators and sends Level 2 answer to all parties Meeting, similar to Level 2, or

Voluntary Mediation conducted by mediator from Michigan Employment Relations Commission

ELT member added to College team Tone: formal meeting.
For contractual violations, Grievant and/or Union representative begins by stating why and how they feel the administrator violated the contract or mutually accepted past practice.
For discipline cases, the HR and / or Supervisor begin by reviewing the reason(s) for the action
Other party responds and discussion ensues Level 3 Meeting Level 3 Voluntary Mediation Meeting Conducted by MERC Mediator
Formal Hearing
For contractual violations, Grievant and/or Union representative begins by stating why and how they feel the administrator violated the contract or mutually accepted past practice.
For discipline cases, the HR and / or Supervisor begin by reviewing the reason(s) for the action Appeals Time Lines Again, if the grievance is not appealed within the contractual time frame, HR closes the grievance and notifies the Union
If appealed within contractual time line, HR and the Union select an arbitrator and schedule an arbitration hearing, which is final and binding Island - Contractually negotiated issues Ocean - all other issues Old - College must negotiate all items and obtain permission to ‘fish’ in the ocean Frustration or disagreement with a decision made by an administrator. Sudden change Factual disputes Disagreement over the meaning of contract language. Disputes between employees Call HR! Activity Be prepared to listen
Give the person your full attention
Be patient and calm
Be respectful and expect it in return
Do not interrupt
Share your understanding about the grievance and remedy being sought Tone: semi-formal meeting.

For contractual violations, Grievant and/or Union representative begins by stating why and how they feel the administrator violated the contract or mutually accepted past practice.

For discipline cases, the HR and / or Supervisor begin by reviewing the reason(s) for the action

Other party responds and discussion ensues If no resolution is reached, HR will close the meeting by stating the administrator will submit a written response within the time allotted by the Contract. Again, if the grievance is not appealed within the contractual time frame, HR closes the grievance and notifies the Union

If appealed within contractual time line, HR schedules the Level 3 hearing Level 3 Voluntary Mediation Meeting Mediator may separate the parties and engage in ‘shuttle diplomacy’
Any agreement reached is binding Responsibility The Purchasing Policy clearly outlines each employees responsibility. Where can I find the policy? All college policies are available online. From the LCC Homepage you can enter the word “Purchasing Policy” and go directly to the policy.
You can also access the Purchasing Department online and you will find forms, procedures, and contact information.
http://www.lcc.edu/purchasing/ Key Points to Remember Key Points to Remember (cont.) For purchases $5,000 - <$24,999 – Purchasing must obtain three written quotations.
For purchases >$25,000 – Competitive sealed bids or proposals are required.
Under no circumstances are you to split or pyramid orders in order to avoid the requirement to obtain quotes or competitive sealed bids/proposals.
Violations are reported to the Board of Trustees Audit Committee. Key Points to Remember (cont.) Sign up for Banner training and LCC Card training as soon as possible.
If you are uncertain –
Check the Purchasing webpage
Call Purchasing x 1785 Purchasing Policy The Board of Trustees authorizes the Purchasing Department to purchase goods and services on behalf of the College in accordance with the Purchasing Policy.
All LCC Employees are responsible for following the Purchasing Policy.
Failure to follow this policy may result in disciplinary action up to and including termination. What does this mean? As an administrator you may be assigned a budget. If you have a budget, you need to know the limitations (i.e. amount of money, how it may be spent, and who can spend it, etc.)
If you need to make a purchase, you must provide Purchasing with all the information necessary to make the purchase.
The purchase must be made in accordance with the requirements of the Purchasing policy. Key Points to Remember (cont.) All purchases are subject to review. (FOIA)
Purchases of $100,000 or more must be approved by the Board of Trustees.
Do not sign agreements, contracts, licenses, etc. Forward to Purchasing for review.
Some may require review and approval by Risk Management, or Physical Plant.

Questions? Responsibility
“The College's Director of Purchasing is responsible for preparing procedures to implement this policy. Each employee requesting approval of a purchase is responsible for the accuracy and completeness of the information supporting their request for a purchase order.” Your review of student success data for one of your ACC adjunct faculty members, Dudley Doright, who teaches only face to face sections disclosed the following: • His course evaluations for the past 3 semesters tend to be unreliable. In only two cases did he get more than 35% of the enrolled students responding, while most faculty in the department have more than 66% of students responding .

• He gives a large number of 0 and W grades, in the range of 25-50%.

• Success rates (i.e. students receiving a 2.0 or higher) for his courses are, in almost every case, below the department and College mean, with five of his courses having success rates below 52% • He gives a lot of 3.5 and 4.0 grades; for students who do not take a 0 or W (and those grades are considered unsuccessful, contributing to his low success rate), 50-90% of students get a 3.5 or 4

• For the Departmental Assessment students from his sections score the lowest of any of the instructors; the mean grade (out of 25 possible) is 20.2, his students scored 17.9 (a significant difference). At each table, develop a plan for acting upon this data, as appropriate.
How to respond to a grievance when you get one What questions do you have? If no resolution is reached
The hearing is closed by the HR representative stating that HR will submit their written response within the time allotted by the Contract
HR drafts response, gets input from Administrators and sends Level 2 answer to all parties The HR/Administrator Partnership Revised Employer Rights articles in AFT, FMA, FOP and MAHE contacts
Past practices and Letter of Agreement eliminated, unless specified
Paradigm shift: “The contract is what the contract is.” Rulesha Payne , MEA Uniserv Director
Michigan Education Association (MEA) Alan Edgeworth, President Zach Hansen, President Terry Wellman, President Rebecca Beard, President Cindy Storie, President Bill Feldpausch MAHE Grievance chair Chad Beckett, President Stacy Saari , Administrative Assistant
Michigan Education Association (MEA) Facilities Management Association (FMA) part of Michigan Education Association PTCTU (Part –Time Clerical Technical Union) part of Michigan Education Association/PT Support Employees ESP (Educational Support Personnel) part of Michigan Education Association/FT Support Employees AFT (Administrators – American Federation of Teachers) part of AFT union/FT & PT Administrators MAHE (Michigan Association for Higher Education) part of Michigan Education Association/FT & PT Faculty MAHE (Michigan Association for Higher Education) part of Michigan Education Association/FT & PT Faculty FOP (Fraternal Order of Police) part of FOP union/police officers UNION REPs
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