Employee and Labor Relations Academy

1 Employee and Labor Relations Academy EMPLOYEE RELATIONS THAT WORK(S)! MARCH 2, 2017 FACILITATED BY: ANITA D. TINNEY, ESQ. ADTINNEY@ELRAACADEMY.ORG 215-600-5090 PH

Anita D. Tinney, Esq. 2 The Employee and Labor Relations Academy is a consulting firm focused on training and best practices in Employee Relations, Labor Relations, HR Compliance, Workplace Investigations, Preventative and Proactive Labor Relations and Organized Labor. Anita became Principal Consultant at ELRA after twenty-two years in the private sector as an internal consultant in HR, Operations and Employee and Labor Relations. She has had a very successful career in ER/LR at some of the largest Fortune 100 Companies in the world, including Merck & Co., Inc., Johnson & Johnson World Headquarters, Comcast Cable and AmerisourceBergen Corporation. She has extensive experience in all facets of Employee and Labor Relations in both U.S and Global ER/LR. Anita holds an Employment and Labor Law degree from Temple University and a B.S. in Electrical Engineering from Hampton University. She is Six Sigma certified, a certified Mediator and EEO Investigator, a certified Corporate Trainer, and member of the New Jersey State Bar Association. Contact Information: adtinney@elraacademy.org or 215-600-5090

Defining the Terms and Language 3 When I Say Employee Relations Today, I mean HR Compliance Those activities necessary to ensure the organization is in compliance with Company policy and employment laws e.g. Compliance posters, harassment training, OFCCP audits, AAP planning, FLSA audits, policy management Workplace Conflict Those activities by People Managers and/or HR professionals to properly manage conflict (or potential) in the workplace and to ensure a harmonious working environment e.g. Conflict resolution, workplace investigations, performance improvement and corrective action, building employee relations capabilities Preventative Labor Relations Those activities by People Managers and/or HR professionals to maintain a workplace free from unionization. e.g. Labor Risk Assessment, Straw Polling, Preventative Labor Training, Managing Labor Disruptions, Managing Labor Campaigns Labor Relations Those activities by People Managers and/or HR Professionals to properly manage the Company- Union relationship of a workplace that is already part of an organized labor union e.g. Contract Negotiations and Management, Grievance and Arbitration Management, Decertification procedures Engagement and Diversity and Inclusion (activities designed to ensure each employee can maximize their individual potential

Building an Effective Employee Relations System 4 Strategize Engage and Institutionalize Build the Team Track and Measure Align the Policy Portfolio

The Impact of HR Transformation on ER/LR Organizational Alignment 5 Strategic HR Business Partners HRSC Centers of Expertise The ER Wo(Man)

Goal Planning Upside Down 6 List of all activity you have been asked or think you need to do Prioritized by who screams the loudest or has the most resources Executed based on the available talent 2016 Goals

Strategic Planning Right Side Up 7 Inspirational/Motivational Not This: Using best practices in Employment, manage and resolve employee conflict to create harmonious working environments. Vision: What are we playing for? Mission: What outcomes do we expect? Strategic Objectives: How will we impact the outcomes? Assessment: Where are We Today Against these Objectives? Something Like This: Create and maintain a highly engaged and inclusive work environment where our employees, individually and collectively, have the best opportunity to maximize their potential to optimize business results. Goal Planning: What Activity will we do next year to close the gap?

Strategic Planning Right Side Up 8 The Vision Personified: What Outcomes Look Like! Vision: What are we playing for? Mission: What outcomes do we expect? Strategic Objectives: How will we impact the outcomes? OUR Vision Create and maintain a highly engaged and inclusive work environment where our employees, individually and collectively, have the best opportunity to maximize their potential to optimize business results. Assessment: Where are We Today Against these Objectives? Goal Planning: What Activity will we do next year to close the gap?

9 Sample Mission Statement What Outcomes Do We Expect? The mission is the vision personified in the workplace what would the vision feel like? Something Like This Through expert guidance and execution, create and maintain a highly engaged and inclusive work environment where: Employees are treated fairly and consistently in all aspects of employment We preserve the Company s reputation internally and externally and mitigate unnecessary employment risk Employment Issues are resolved compliantly and effectively, at the lowest level possible NOT THIS: MISSIONS ARE NOT METRICS Increase Employee Survey Results by 20 % YOY from 2016-2018 Employee complaints are decreased by 60% by the end of 2017. Reduce the number of employee lawsuits by 50% in 2016. Employees customer satisfaction with ER/LR services is above 80% Metrics are indicators as health and progress Metrics as goals can generate bad behavior

Strategic Planning Right Side Up 10 How will we impact the outcomes? Vision: What are we playing for? Mission (Outcomes): Employees are treated fairly and consistently in all aspects of employment Strategic Objectives (Impact): Develop and implement harmonized employment policies, tools, practices and systems. Assessment: Where are We Today Against these Objectives? OUR Vision Create and maintain a highly engaged and inclusive work environment where our employees, individually and collectively, have the best opportunity to maximize their potential to optimize business results. Goal Planning: What Activity will we do next year to close the gap?

Strategic Planning Right Side Up 11 Where We Today using Metrics Here as Indicators! Vision: What are we playing for? Mission (Outcomes): Employees are treated fairly and consistently in all aspects of employment Strategic Objectives (Impact): Develop and implement harmonized employment policies, tools, practices and systems. Assessment (Metrics): % harmonized policies/tools; claims of favoritism, SC questions on interpretation, complaints about job posting/movement OUR Vision Create and maintain a highly engaged and inclusive work environment where our employees, individually and collectively, have the best opportunity to maximize their potential to optimize business results. Goal Planning: What Activity will we do next year to close the gap?

Strategic Planning Right Side Up 12 Vision: What are we playing for? Mission (Outcomes): Employees are treated fairly and consistently in all aspects of employment Strategic Objectives (Impact): Develop and implement harmonized employment policies, tools, practices and systems. Assessment (Metrics): % harmonized policies/tools; claims of favoritism, SC questions on interpretation, complaints about job posting/movement OUR Vision Create and maintain a highly engaged and inclusive work environment where our employees, individually and collectively, have the best opportunity to maximize their potential to optimize business results. The Smart Goal! Goal Planning (Activity): Create a harmonized job posting policy across the enterprise.

Building an Effective Employee Relations System 13 Strategize Engage and Institutionalize Build the Team Track and Measure Align the Policy Portfolio

Employee Relations Team Considerations 14 Ratios How many Employee Relations Professionals Do You Need? Profile Who makes the best Employee Relations Employees? Location and Assignment Where/How should Employee Relations Professionals be located to optimize their effectiveness? Skills How to assess Employee Relations Professionals skill level and build individual development plans

THE FORMULA 15 General HR Ratio at your Company Account for Your Scope Account for Your Skill Account for Your Culture Number of ER on Your Team

Closing the Ratio Gap What if you don t have what you need? 16 Organizational Risk Close the Gap Strategy Hire more Employee Relations professionals! Increase the skill level of the existing staff through training and/or experiences Narrow Your ER/LR Scope of Services (eliminate services) Outsource some of your ER/LR Scope of Services (shift services) Streamline Your Non-Harmonized Processes Increase ER ownership across stakeholders and release low level work Increase Risk Tolerance Financial Cost

What Type of Background Should My Team Have? 17 Lawyer + can see and appreciate the risks + can develop solution strategies -- may be too conservative -- may miss the big organizational picture HR Professional + can align with business needs + can connect ER/LR to larger HR strategy and processes -- may lack analytical aptitude -- may dismiss risks to make the business happy Operations Leader + can connect from experience + can balance employment with business risk -- may lack HR technical aptitude -- may oversimplify the complexity of the ER/LR profession What about Law Enforcement Professionals?

What Key Characteristics Should Everyone On Your Team Possess? 18 The Art: The ability to: influence, train and coach quickly engender trust and credibility see and hear what is not being said be intellectually curious manage their own emotions and stress deal with difficult subjects and people and deescalate matters simultaneously manage multiple issues manage employee advocacy with objectivity The Science: The ability to identify employment and labor risk analyze facts and data and draw reasonable conclusions find the root connection of ER/LR to D&I and Engagement engage in both objective and persuasive writing read, understand and apply employment, labor law and policy create technically sound, productive solutions

Should Your ER/LR Team be Virtual? 19 Maintain objectivity (actual and appearance) Larger recruiting pool Forces more best practices and harmonization tools, systems Increase Job Satisfaction Increase Retention Focus and Disciplined Work Ethic Potential Disconnection from realities of business Oversight and management Higher skill level Harder for LR support

How Should ER/LR Professionals be Aligned? 20 Alignment Considerations Aligning the work by skill and background or subject area Example Pros Cons Breaking down ER into subspecialties: Higher skilled ER doing EEOC charges; lower skill doing PIPs/CAPs; some do labor only Higher quality output; job satisfaction and retention Lose development opportunities through stretch assignments; total resource count goes up; can t cover for each other Aligning the work geographically ER professional per geographic area of the country; ER for West, ER for NE, etc. Consistency and familiarity with client areas / business partners; broader skill background Can t cover for each other; potentially lower quality output Aligning the work by business client ER professional assigned to a business client: ER for sales, ER for operations, etc. Stronger client support and alignment with business goals Perceived lack of objectivity

Building an Effective Employee Relations System 21 Strategize Engage and Institutionalize Build the Team Track and Measure Align the Policy Portfolio

Policy Management Protocol 22 Compliant In Compliance with Fed, State and Local. Include lead to If Employees can t see it, it isn t a policy. Train managers on interpretation Transparent Updated Regular cadence, acknowledgement Simple words, not contracts, no fine print Simple Owned 1) Portfolio Mgmt 2) Subject Matter Expertise 3) Local Business

Policy Content Principles: The Big Five 23 For the Many Standard -ization Permissive Relevant Process Good Policy Content Do not make Policies for the 1% unless required by Law. Standardize Smartly and only when you need it Tell employees what they can do vs. what they can t Always leave discretion *Example

Scenario #3: Permissive 24 Unpaid Personal Leave Policy NOT: Employees may receive an unpaid personal leave for no more than 30 days each calendar year. This time cannot be approved until the employee has exhausted all of their allotted PTO time. BUT: The Company recognizes that employees may have personal needs that require attention away from work beyond the allotted PTO time. After PTO has exhausted, the employee is allowed an additional unpaid person leave for up to 30 days each calendar year.

Policy Content Principles: The Big Five 25 For the Many Standard -ization Permissive Relevant and Necessary Process Good Policy Content Do not make Policies for the 1% unless required by Law. Standardize Smartly and only when you need it Tell employees what they can do vs. what they can t Always leave discretion *Example Beware of solutions looking for problems you don t have. Process should enable, not drive policy. 1 st let the policy create the experience, then build a policy to support it. Unambiguous, enables consistent interpretation, does not force the same answer

Building an Effective Employee Relations System 26 Strategize Engage and Institutionalize Build the Team Track and Measure Align the Policy Portfolio

Case Management System 27 Who? What is a case and who manages them? EXAMPLE Management Tracking /Retention Intake Process System Escalation Practices Documentation

Managing Cases Who Does It? 28 Smart Management with Consultation Intervention Investigation Employees and Managers with or without the assistance from HR. HR conducts an intervention or mediation or coaches parties through the conflict to facilitate resolution. Trained HR investigator conducts the investigation

Case Management System 29 Who? What is a case and who manages them? EXAMPLE Invest in a Case Tracking System Tracking /Retention Intake Process Articulate a specific way issues get into the case management system Have a place for it to go! Escalation Practices Articulate employer and employee rights Some standardization here Documentation

Employee Relations Metrics: 3-Part Approach 30 Employee Relations Culture How HEALTHY is the environment? Ex: Surveys, Manager Performance, EE Productivity Employee Relations Process Excellence How are ER matters handled through our process? Ex: Case Volume and Efficiency, Escalations Risk Mitigation Keeping an eye on Systemic ER Issues Ex: Emerging Issues; Class Action issues like FLSA, Labor Risk Employee Relations Dashboards and Metrics

Building an Effective Employee Relations System 31 Strategize Engage and Institutionalize Build the Team Track and Measure Align the Policy Portfolio

Background of Employee Engagement 32 What is It? What Does It Look Like? Why Do It? How to Measure It? How to Realize It? *When companies focus on measuring engagement rather than on improving it, they often fail to make necessary changes that will engage employees.

Investment v. Impact 33 75% of the investment; 25% of the results Workforce At-Large The 5C s High Engagement Workforce 25% of the investment 75% of the results Targeted High Impact Execution

Engaging the Workforce At-Large 34 about the work environment in which I work? CultureHow do I feel Do I feel included as part of my environment? I know what is going on in my company, my department, my work? And, do I ConnectionDo understand how my work brings the Company value rewarded and appreciated for my contribution? Do I have a voice in the things that matter to me in the work environment? ConsiderationDo I feel Career Do I have career options, even if unrealized? Can a person like me advance here? the natural engagement cycle based on CycleConsider tenure. What stage of my employment experience am I in?

Cycle 35 High level engagement Happy to have a new job! Window of tolerance is open 0-2 Years 3-5 Years Contentment The honeymoon is over! Too much redtape I didn t get promoted yet Grass not greener Acceptance Established social circles Feeling of security 6-10 Years 11+ Years The good outweighs the bad! Vested in career and company

Front Line Managers are the Key Workforce At-Large The 5C s High Engagement Workforce 36 Sr. Leadership Targeted High Impact Execution Frontline Sups and Managers Dedicate engagement efforts here! Targeted High Impact Execution 75% Non-Management Employees *Engagement levels stagnated since 2011 Traditional Engagement Plan lifts from the bottom Workforce At-Large The 5C s 25%

Defining the Ownership 37 Management Owns Employee Relations is most effective at the point of decision! The relationship with their employees and between multiple employees Safeguarding the Company Culture The final decision for any employee/labor relations issues for their employees Human Resources Owns Skilling and coaching business leaders and employees on all aspects of ER/LR and maintaining productive and positive employee relations environment. Providing expertise for complex employee and labor relations and compliance issues Developing the ER/LR Strategy for the Company and supporting Leaders in the execution of those strategies Monitoring the Effectiveness of the ER/LR Strategy, Programs and Processes Principle Alert: You can t absolve managers of vicarious liability. 13

How to Engage Leaders 38 Prepare Them Talent Mange Them Support Them Raise the Value Engaging Front Line Leadership

THE BIG 5 Employee Relations Concepts 39 EEO At Will Due Process Transparency Pre-cursors Give me the same chance Vs. Notice, Opportunity and Warning I Didn t Do It! What I Can t See Predict what is coming

Contact Information 40 Employee and Labor Relations Academy http://www.elraacademy.org/ elraacademy@mail.com Anita D. Tinney, Esq. SVP and Principal Consultant adtinney@elraacademy.org 215-600-5090 ph