Addressing Difficult Supervisory Issues Oct 2014
Download as PPTX, PDF2 likes159 views
The presentation by Robin Carlin addresses various difficult workplace issues, including absenteeism, tardiness, harassment, and insubordination, emphasizing the need for effective disciplinary measures that focus on conduct rather than personal attributes. It outlines a progressive discipline process, the importance of documentation, and the 'seven tests of just cause' to ensure fair treatment. Additionally, it discusses the significance of communication and the processes for addressing grievances to maintain a positive work environment.
Addressing Difficult Supervisory Issues Oct 2014
- 1. Addressing Difficult Issues with Confidence Robin Carlin Ohio Turnpike Supervisory Development Program Presentation
- 2. “Common” Difficult Issues • Absenteeism • Attendance • Tardiness • Leaves of Absence • Accommodating Employees • Workplace Violence • Disruptive Employees • Disrespectful Behavior • Discrimination • Favoritism • Harassment • Interpersonal Conflict • Reasonable Suspicion
- 3. Discipline I’m friends with everybody in this office. We’re all best friends. I love everybody here. But sometimes your best friends start coming into work late and start having dentist appointments that aren’t dentist appointments, and that is when it’s nice to let them know that you could beat them up. Michael Scott, The Office
- 4. Discipline Purpose The purpose of discipline is not to punish an employee. It is an attempt to work with the employee to stop improper conduct. Always focus on the conduct and not the person. Progressive Discipline • Counseling/Caution & Instruction • Verbal/Oral Reprimand • Written Reprimand • Unpaid Suspension • Termination Other forms: • Demotion/Reduction • Working Suspension • Reassignment
- 5. Discipline & Documentation Why Document? • If it was not documented, it didn’t happen. • If it was not documented at or near the time of the event, it is not reliable. • If the documentation is incomplete or inaccurate it is not reliable. Elements • Written, dated and timely • Factual and specific (what exactly happened, who was involved, where did it happen) • Objective – focus on the job-related behavior and standards, rule or policy violated • Not speculative (If I were to guess, the employee…) • No editorial comments, no inappropriate remarks
- 6. Discipline: 7 Tests of Just Cause 1. Reasonable rule or order. Was the employer’s rule or order reasonably related to the orderly, efficient and safe operation of the employer’s business and the performance the employer might properly expect? 2. Notice. Did the employer give the employee forewarning of the possible consequences of the disciplinary conduct? 3. Effort to determine if there was a violation. Before administering discipline, did the employer make an effort to find out if the employee did violate or disobey a rule or order?
- 7. Discipline: 7 Tests of Just Cause 4. Fair and objective investigation. Was an investigation conduct, individuals interviewed, written statements? 5. Proof/Substantial Evidence. Was there sufficient evidence to support a finding of guilt? 6. Equal Treatment. Has the employer applied its rules, orders and penalties evenhandedly and without discrimination? 7. Appropriate penalty. Was the degree of discipline reasonably related to seriousness of the offense?
- 8. Discipline: Mitigating Factors • Tenure/Seniority of the employee • Management contribution to the problem/other employee(s) aggravating situation • Employee remorse/ willingness to atone • Personal circumstances (custody battle, divorce, financial problems) • Previous discipline/clean record • Whistleblowing/statutory protections
- 9. Knowing the Difference between a Difficult Employee vs. Difficult Situation • Workplace Violence – know the policy, what it encompasses and don’t gloss over it. • Workplace Disruption – handling an employee who is slowing the work down, lowering the morale, purposefully creating tension in the workplace or with their supervisor. • Disrespectful Behavior – stop it before it becomes infectious.
- 10. Difficult Disciplinary Issues – Willful refusal to follow a direct order vs. just being a pain. – Rule of 3 followed – give the order, explain that refusal to follow direct order will result in insubordination, explain that the employee has now refused and their refusal will result in a charge of insubordination and do they understand this (immediate termination Article 9). – Clear instructions with consequences explained. Do not rush to discipline or this may be viewed as escalating. Insubordination vs. Disrespectful Behavior
- 11. Difficult Disciplinary Issues Addressing Insubordination: • Remain calm – speak a little softer so the employee has to lean in to hear • Do not argue – conflict has already escalated • Do not retaliate – you are a supervisor and held to a higher standard • When possible, obtain a witness • Document immediately
- 12. Difficult Disciplinary Issues Attendance • Unscheduled absenteeism costs employers 8.7% of their payroll costs per year (money paid out to employees through wages and benefits). Indirect costs include overtime, hiring additional labor, lost productivity, low morale, employee fatigue for carrying extra work, customer dissatisfaction, and loss of revenue. • Unscheduled absenteeism rate in the U.S. is 9% - that’s nearly one in ten workers off work.
- 13. Difficult Disciplinary Issues Attendance • Personal illnesses account for 35% of unscheduled absences, while other reasons include family issues (22%), personal needs (18%), entitlement mentality (13%) and stress (13%). • Nearly one-third of working Americans between ages 19 and 64 suffer from at least one chronic disease. • The use of intermittent FMLA leave has increased 150% since 2000.
- 14. Difficult Disciplinary Issues Attendance & Tardiness • 20% of American workers are late to work at least once/week; one in ten workers are late at least twice/week. • December is the leading month for employees to call in sick (Happy Holidays!).
- 15. Questioning Absences Legitimacy or Necessity for Leave • Does the request fall under the reasons outlined in the policy or CBA? • How many times has the employee called in sick the past 12 months? • Could this be a valid reason under FMLA? • Can the “appointment” be scheduled outside normal working hours? Documentation/Verification • Will the employee be off for less than 3 work days? • Has the appropriate medical documentation been requested and/or submitted? • Does the documentation look authentic? • Has a pattern of absences been developed? If so, has HR already sent out a notification letter or should a referral be made to HR?
- 16. Vacation Leave: Require advance notice, where practical. Limit # of people off in your department/division per the contract or policy. Unpaid Leaves of Absence • General acceptable reasons include sickness/illness or injury, when all FMLA and S&A eligibility has been exhausted and the employee is expected to return to work. • All sick leave, vacation leave, and “H” days must be used before unpaid leave will be considered. Exception is bargaining unit employees are not required to exhaust vacation leave if the absence is FMLA-related. • See also Policy 3.8 of the Employee Manual and Article 13 of the CBA. • Approval for unpaid leave will generally not exceed 30 days and will only be in extraordinary cases. Personal Leave 2 days/year for bargaining employees. Can you cover employees for requested time off?
- 17. How to Address Absenteeism • Review the employee’s absences and meet individually with him/her to bring forth concerns regarding absenteeism. • Identify the causes for an employee’s absenteeism – if you can find out why, you can more effectively deal with the problem and possibly find a solution. • Require verification of illnesses – don’t be afraid to request supporting documentation. • Identify and address pattern absenteeism – if you notice a pattern is forming, request HR assistance. • Follow-up – if improvement occurs, be sure to tell the employee. If not, be prepared to take next steps.
- 18. Investigations • All investigations are taken seriously. • Facts will be gathered. • List of witnesses and affected parties will be prepared. • Who, what, when, where and why will be answered. • Determine whether or not other individuals have been subjected to similar situations. • Interviews will be conducted and/or statements obtained from the alleged victim, alleged harasser/instigator, and any witnesses.
- 19. Investigations • Determine whether this behavior had been reported before, and if there was a past pattern of this type of behavior. • Consider the severity, frequency, pervasiveness of the conduct when recommending or imposing discipline. • Investigation is not “confidential” but is kept to a “need to know” basis. • Remind all parties involved in the investigation of the Commission’s policies and to report any additional information – discuss issue of retaliation.
- 20. Investigations & Discipline • Investigation report completed (4th Test of Just Cause) • Recommendation to discipline made. • Pre-disciplinary hearing scheduled, if applicable. Weingarten rights must be given. • Level of discipline recommended: – Reprimands Supvr./Dept. Head – Suspensions Director of Administration – Terminations Director of Admin, General Counsel, Executive Director
- 21. Alcohol & Drug Testing Process Review Supervisory Training Guide to the Drug & Alcohol Process.
- 22. Reasonable Suspicion Testing conducted after there is reasonable cause for suspicion of using or being under the influence of drugs or alcohol at work. • Testing based upon observable signs and symptoms of possible drug/alcohol use. • Testing conducted during a time when individual exhibits signs and symptoms. • Not based upon second hand reports. • Preferable if the decision to test is made by 2 supervisors who concur.
- 23. Reasonable Suspicion Steps • Observation/Documentation • Notification to individual • Consent or refusal to consent • Transportation of individual to testing facility • Specimen collection • Documentation to HR • Test result notification to HR • Outcome
- 24. Grievances • What is a Grievance? See also Article 11. – Misunderstanding, misapplication or miscommunication of an Article in the CBA. – An opportunity to improve communications between Commission and Union or between Supervisor and Employee. • General Rule: Follow orders now grieve later. – Exception: safety and health
- 25. Grievance Process • Step 1 – formal and informal, grievance presented to and answered by Foreman or Toll Plaza Supervisor. • Step 2 – formal, grievance answered by Division Superintendent or District Toll Plaza Supervisor. • Step 3 – formal, grievance answered by the Director of Administration. • Pre-Arbitration – informal, grievance reviewed by General Counsel and possible settlement or movement to arbitration discussed with Union.
- 26. Avoiding Grievances • Establish and respect lines of communication with your employees and be familiar with their concerns. • Be open and communicate with employees – letting them know what’s going on (within limits). • Listen to employees. Oftentimes, employees just need to vent. Use this as an opportunity to improve communications.
- 27. Avoiding Grievances • Be fair and consistent. Follow the contract and treat all employees the same with respect to rules and rule violations. • Read and be familiar with the labor contract. • Do not discuss sensitive employee issues with other employees. • Praise employees, when appropriate.
- 28. Thank you!