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Category: HR Administration

Posted on March 27, 2019June 29, 2023

H-1B Visa Challenges: Utilizing AI to Close Your Talent Gap

Immigration reform and H1B visa programs

The H-1B visa approval rate dropped nearly 30 percent from 2016 to 2017, challenging employers and recruiters to find the right talent. Advanced technology, like artificial intelligence, can help.

Immigration reform and H1B visa programs

Many organizations, especially those in technology, higher education and health-related industries increasingly depend on highly skilled non-U.S. candidates to fill positions left vacant due to a lack of experienced or interested domestic workers. A survey by Envoy Global, an immigration services firm, found 59 percent of companies planned to hire more foreign employees at their U.S. offices in 2018, which is up from 50 percent in 2017 and considerably higher than the 34 percent in 2016.

The reason firms are looking abroad: The U.S. is facing a significant skills gap, especially in STEM-related fields. Generational and technological shifts have created new roles, like mobile developers and programmers, that require significantly higher levels of technical or digital knowledge. Other countries tend to have higher quality math and science programs, and this rigorous education produces attractive candidates to fill the hundreds of thousands of new jobs across the United States.

The proposed federal changes to H-1B visa issuance, which include tightening qualification requirements, such as increasing minimum annual salaries, reducing the three-year duration, implementing more rigorous interview processes and limiting visas for family members and more, will make it even harder for workers to get approval to work here in the U.S. In an already extremely tight labor market, these changes add complications for hiring teams to be effective in their chase for talent. Few organizations are immune to the pressures of the H-1B crackdown. According to Envoy Global, 85 percent of U.S. employers surveyed say they have already felt impacts of the shifting immigration system.

Context Around the H-1B Challenge

Having worked across a variety of industries in my career, at privately held companies where visa sponsorship was not common as well as at Fortune 500 companies with and without visa sponsorship programs, I’ve found the immigration challenge is twofold. First, companies often don’t have the infrastructure and budget to support individuals with H-1B visas, since acquiring sponsorship is a long and capital-intensive process that requires involvement from outside immigration counsel. Second, the visa quota set by the government tends to run out so quickly that unless a company proactively applies for a certain number of visas a year in advance, it is left out of the game entirely.

The other element to the H-1B issue that companies must, but often don’t, think about is the well-being of the future employee. When a candidate emigrates to the U.S. to take the job, they must relocate, often with their families, which costs money and requires navigating cultural barriers.

Hiring organizations must decide if they will prepare these individuals with cultural training and help them find communities and schools for their children or leave them to their own devices. Figuring out where to help foreign workers and where to draw the line is never easy as there’s a natural inclination to help; providing support often takes a lot of time and effort from the organization.

U.S. companies are also facing geographic difficulties in sourcing talent. For hiring managers, dealing with restrictions of a candidate’s citizenship reduces the likelihood of finding the best person for the job. It may be that the perfect coding guru or IT specialist is not an American and needs sponsorship to work in the United States.

With tightening qualifications for H-1B visas, recruiting and attracting the right talent gets more difficult, and in some cases is seemingly impossible. Even when looking inside the U.S., IT jobs are easier to fill in metropolitan regions like New York and Silicon Valley. Companies based outside of major urban center locations are having a hard time attracting the talent they need without large hiring budgets and third party recruiting firms with high retainers to help fill those jobs.

Making concessions on skill requirements or a candidate’s experience based on low talent availability is never ideal. When applied on a larger scale and for contract or short-term roles, this brings a completely new set of challenges for hiring teams.

Some of these challenges include higher budgets and increased bids to reach the right level of talent; an inability to fill projects and requisitions quickly; and having to delay projects because the right domestic workers don’t exist or are hard to attract.

It’s also important to note that an HR team’s regular responsibilities don’t stop during the recruiting process, which can lead to either putting projects on hold due to constrained resources, or stretching employees too thin as the company tries to cover the work, which doesn’t create a positive work environment.

When restricted to the U.S. labor market, it can take a long time for companies to find qualified candidates. There have been many times in my career where my team has had to repost job openings several times before we found someone to fill the position.

Typically, teams can fill most positions within 90 days, but STEM roles can take up to six months or longer. In these cases, settling for a candidate that doesn’t have all the ideal capabilities, education and experience is unfortunately common because there’s a dire need to fill the role.

How AI Can Help

The tightening labor market will continue as unemployment rates hit all-time lows, coupled with the proposed H-1B rules. Human resources, consulting and professional services, IT, engineering, management, clerical and administrative gigs are all increasingly being sourced from outside the United States and the changes would affect these areas the most.

Being proactive and staying on top of legislation changes to understand how they impact the organization is the minimum baseline for success, as it helps companies proactively plan their workforce. However, this still doesn’t solve for filling roles that become vacant unexpectedly — so organizations also need a hiring strategy that utilizes technology and contingent labor to fill critical worker voids.

For example, AI mechanisms are aiding hiring managers in bringing in the right talent by making it easier to find, filter, interview and vet candidates on a variety of hard and soft skills. The matching capabilities bridge the skills gap by helping teams find domestic workers when H-1B visa rules make it tough to source abroad. The depth and breadth of candidate screening enabled by AI can help hiring teams find previously considered “nonexistent” employees and go beyond a candidate’s resume to determine if they are the right person for the job.

HR can now prioritize their time on reviewing the candidates that AI identifies, not spending countless hours trying to find the right candidates, sort through scrambled resumes and CVs, or deal with visa paperwork and other regulatory complexities. Not only will they be able to sort through resumes faster, but also get better-qualified candidates to interview more quickly, ultimately gaining an edge in the race for global talent.

Hiring departments across the nation are finding it challenging to uncover the right talent to bridge the growing STEM skills gap as attracting and supporting candidates from abroad is exponentially more expensive and harder than ever before. For U.S. organizations, not being able to find, attract and retain the right workers, especially those from abroad, to fill highly skilled or specialized roles stifles innovation and opportunity. Hiring teams at companies across all industries need to follow the H-1B visa changes, leverage emerging technologies and understand how to attract and acquire the talent they need — at the right cost — regardless of candidates’ country of origin.

Posted on March 5, 2019June 29, 2023

The 7th Nominee for the Worst Employer of 2019 Is … the Disability Debaser

Jon Hyman The Practical Employer

The 7th nominee for the Worst Employer of 2019 is an employer that (allegedly) permitted a nearly year-long campaign to malign and harass an employee living with ADHD and Tourette’s syndrome.

Melinda Crooke worked as a line worker for Herbruck Poultry Ranch, an egg farm in western Michigan. As noted above, she has ADHD, which causes her to be overtly talkative and sometimes confused, and Tourette’s syndrome, which manifests in head twitches, facial tics, uncontrolled arm movements, and occasional swearing. According to the lawsuit the EEOC filed on her behalf, all of her co-workers knew of her disabilities.

Crooke claimed that as soon as her supervisor learned of her disabilities, her harassment at the hands of said supervisor and some co-workers began. They called her “Mindy Tourette’s,” “Gabby,” “Motormouth,”and “Wandering Wanda.” They mocked her Tourette’s syndrome by biting their tongues and making exaggerated hand movements. And, after she complained to HR, the mockery only worsened. For example, her supervisor sped up the production line to make it harder for her to keep up, and followed her into the bathroom during breaks to berate her for wasting time. When she complained again to HR, she claims she was told there was nothing anyone could do.

As a result, she quit her job and went to the EEOC, which has now filed suit on her behalf. According to EEOC Trial Attorney Dale Price, “An employer cannot condone a work environment where an employee with an impairment is ridiculed because of it. It must step in to stop such behavior.”

Otherwise, you not only might get sued, but you just might end up as one of the nominees for the Worst Employer of 2019.

Previous nominees:

The 1st Nominee for the Worst Employer of 2019 Is … the Philandering Pharmacist

The 2nd Nominee for the Worst Employer of 2019 Is … the Little Rascal Racist

The 3rd Nominee for the Worst Employer of 2019 is … the Barbarous Boss

The 4th Nominee for the Worst Employer of 2019 is… the Flagrant Farmer

The 5th Nominee for the Worst Employer of 2019 is… the Fishy Fishery 

The 6th Nominee for Worst Employer of 2019 Is … the Diverse Discriminator

 

Posted on March 4, 2019June 29, 2023

HR Leaders Re-evaluate Termination Policies After Workplace Shooting

termination, covidiot, workplace violence, gun, weapon

Human resources professionals are assessing termination procedures following the February workplace shootings at the Henry Pratt Co. manufacturing plant in Aurora, Illinois.termination workplace violence

Michelle Lee, HR director for the Wynright Corp. in Elk Grove, Illinois, noted, “While we review and evaluate our policies on a regular basis, this situation emphasizes the importance of protecting our employees. We are going to partner more with local law enforcement to ensure they understand the make-up of our facilities and employee population. In some cases, we may have them on premises for risky terminations.”

Courtney Templin, president of the Chicago chapter of the Society for Human Resource Management, said, “Our jobs as HR professionals are never easy and it’s at times like this when we feel the real weight of our roles.”

The Feb. 15 shooting by a 15-year employee being terminated that day killed five employees, including the HR director and an HR intern on his first day on the job, and wounded five police officers.

According to federal government statistics, there were 458 workplace homicides in 2017, of which 351 were committed with a gun.

Melissa Boyce, Xpert HR

Melissa Boyce, an attorney and legal editor for XpertHR, said employers should review what they can and cannot do to lawfully restrict employees’ weapon possession on workplace property.

Virtually all workplace shootings fit the category of targeted violence, said Randy Van Dyne, a consultant for the University of Findlay’s All Hazards Training Center in Ohio, which offers workplace violence prevention programs.

The shooter’s main motivation is to get even with a person or organization for perceived injustices, said Van Dyne, adding such events are often preventable because the perpetrator presents signs including ideation, planning, preparation and implementation.

Communication with volatile employees is key, said Charles Krugel, a Chicago-based management-side labor and employment lawyer.

Michelle Lee
Michelle Lee, HR director, Wynright Corp.

When no threats are present, respond quietly and calmly. Don’t take the employee’s behavior personally. Asking questions respectfully demonstrates that aggression isn’t necessary, he said.

“An apology may calm the person and encourage cooperation,” Krugel added. “Say, ‘I’m sorry to hear this happened. What can be done to solve the problem?”

Summarize the employee’s comments.

“In a crisis, a person feels humiliated and wants respect and attention,” he said. “Focus on areas of agreement.”

Ask an upset employee calmly and firmly to lower their voice and state, “There will be no disruptions here. Please be patient so I can understand what you need and try to help you,” Krugel added.

In continued disruption, tell the individual they can be disciplined or prosecuted, state that the discussion is over, and ask them to please leave or the police will be summoned, Krugel said.

If the individual seems dangerous, find a quiet, safe but not isolated place to talk.

Also watch the video: How-to HR: Offboarding—Terminations

“Maintain a safe distance, do not turn your back,” said Krugel. “Leave the door open or open a closed door. Sit near it.”

Ensure a co-worker is near to help if needed.

Using a calm, non-confrontational approach, allow the person to describe the problem.

Ensure the employee’s hands are on the table, said Van Dyne.

Avoid touching the individual to remove them from the area; a gentle push or holding their arm can be misinterpreted as assault by an agitated individual who may respond with violence or a lawsuit, Krugel said.

“Use a prearranged distress signal to have another staff member alert a supervisor and/or police,” said Krugel. “If you fear a violent response, do not mention discipline or the police.

“If the situation escalates, find a way to excuse yourself. Say, ‘You’ve raised some tough questions. I’ll consult my supervisor to see what we can do.’ ”

Who is present at a termination meeting depends on the situation.

HR directors set a neutral and consistent tone, deflect high emotions and ensure company procedures are followed to help ensure others’ safety and maintain the security of confidential information, Lee said.

The Aurora case also was influenced by labor union representation, said Krugel, adding there are laws and rules that apply regarding the National Labor Relations Act and the plant’s collective bargaining agreement.

At Lee’s company Wynright Corp., managers and HR role play before termination meetings to ensure they are fair, consistent and concise, said Lee.

HR consultant Carol Semrad of C. Semrad & Associates in Chicago and Chicago SHRM chapter treasurer, suggested the presence of one person “who can most influence that person being let go. Sometimes people in different positions have different amounts of social currency with somebody.”

Termination has always been one of the most uncomfortable and cautious situations employers have to approach, said Monika Bowles, HR director for the Village of Royal Palm Beach, Florida.

“You don’t really know the mind of the person you’re dealing with,” said Bowles. “When you terminate someone, do it without demoralizing them. There are huge repercussions and consequences to terminating somebody that has far more reach into their lives than we tend to think about.”

Supportive measures might include offering outplacement services, resume writing and if appropriate, a letter of reference.

Lee keeps terminations brief and schedules them at the day’s end when fewer employees are on site to minimize the employee’s embarrassment.

“Don’t have anyone near the terminated employee they may want to get even with,” said Van Dyne. “Wish them best and get them on their way.”

Semrad advises clients that if they believe a termination may involve risk, notify building security and potentially law enforcement to alert them of the meeting time.

Posted on February 25, 2019June 29, 2023

You’re Never Too Small to Have an HR Department

Jon Hyman The Practical Employer

Some 43 percent of American employees work for companies with 50 or fewer workers.

I raise this statistic because it is almost a guarantee that many of these small businesses operate without a dedicated HR department or HR personnel.

Earlier this month, the EEOC settled a sexual harassment and retaliation lawsuit it had brought against several IHOP franchises operating in New York and Nevada. The allegations were truly awful, including misbehavior such as unwanted touching of female employees’ buttocks and genitalia, graphic comments about sexual genitalia, invitations to engage in intercourse, and vulgar name calling, perpetrated by both managers and co-workers.

Part of the settlement included a cash payment of $700,000 to the alleged victims. The more interesting part of the Consent Decree requires the companies to create a human resources department (which they were lacking) staffed with professionals knowledgeable about handling and preventing discrimination, harassment, and retaliation.

Within sixty (60) days of the Effective Date, for at least the duration of the Decree, Defendants shall establish and maintain a Human Resources Department with enough staffing to carry out the terms of this Decree. The Human Resources staff shall be comprised of human resources professionals with demonstrated experience in the area of employment law, properly handing complaints of discrimination, harassment, and retaliation, and preventing and correcting such conduct.…

The Human Resources Department shall be easily accessible to Defendants’ employees in person, telephonically, or by email during normal business hours.

That newly created HR department is required to do all of the things you’d expect an HR department to do regarding its EEO responsibilities:

    • Establishing a record-keeping procedure that provides a centralized system of tracking discrimination, harassment and retaliation complaints.
    • Enforcing the employers’ policies, procedures, and practices to foster a workplace free of unlawful discrimination, harassment, and retaliation, including taking measures to ensure that no retaliation is taken against any employee engaging in protected activity.
    • Ensuring proper systems are in place to make certain that proper avenues exist for employees to complain about discrimination, harassment, or retaliation.
    • Receiving and promptly investigating complaints of discrimination, harassment, and retaliation from any employee.
    • Maintaining regular contact with employees who complain of discrimination, harassment, and retaliation.
    • Ensuring appropriate corrective and protective measures are implemented in a timely manner after conducting a thorough harassment investigation.
    • Overseeing the development and implementation of anti-harassment and anti-discrimination training and education.

Your business is never too small for an HR department, and HR should never be an afterthought. In fact, it’s one of the most important positions to fill in any business of any size.

Your people are your most important asset. No matter your product, service, or mission, without employees to make it, provide it, or carry it out, you don’t exist.

Every company needs HR to recruit and hire, to create and monitor policies, to help ensure legal compliance, to implement benefits, and to strategize. Size may vary, but without any dedicated HR professionals, you are telling your employees they don’t matter, which is never the right message to communicate.

And, further, when it leads to harassment complaints being ignored, it could land you at the receiving end of an expensive lawsuit.

Posted on February 25, 2019June 29, 2023

Clamor Over SHRM Agenda Misses the Point

I’m sharing a ride with a colleague heading back to our hotel after work.

As we pull in to the hotel parking lot, the topic of a struggling restaurant there with service issues comes up.

I offer the following: “If I owned that place, I’d solve all the service issues by hiring nothing but people with criminal backgrounds who were recently released.”

Some of you may think I’m enlightened making that statement, others will think I’m crazy. It’s neither. I’ve just been influenced by the recent agenda of the Society for Human Resource Management. SHRM recently announced a partnership called “Getting Talent Back to Work,” which includes the U.S. Chamber of Commerce, the National Restaurant Association and Koch Industries. The singular goal of this initiative is to encourage companies to take a national pledge to hire workers with criminal backgrounds

The average HR pro might think the controversy would be getting past America’s long-term tradition of refusing to hire those with criminal records. Instead, there was a small to moderate outcry related to presence of Koch Industries in the initiative. Owners Charles and David Koch — the Koch brothers — are active (some would say notorious) fundraisers and influencers in conservative politics.   

Research Koch Industries and you’ll find environmental issues as well. But you’ll also discover an industrial business hurting for employees in a low unemployment/peak economic cycle environment.

Which begs the question: Will those with criminal convictions in their background care about the political leanings of the owners if they get a job at Koch Industries?

I think not. I believe they’ll be thrilled for the chance. But back to the evolving agenda of SHRM.

What should we expect from SHRM related to its agenda and politics? Should we be outraged when SHRM CEO Johnny C. Taylor Jr. shakes the hand of an American president whose tweets spark widespread division? Should we expect that companies with the ownership background of Koch Industries never have the chance to partner with SHRM?

First, you must first understand the reality of SHRM. The DNA of SHRM includes the following components:

• SHRM leans conservative as an organization focused on helping companies perform better through progressive talent practices. SHRM serves its membership in this regard, as any company with strong internal HR talent has a better chance of marketplace success. But make no mistake, SHRM is directly aligned with the business community. Go to any SHRM legislative update and you’ll hear the pro-business focus. This conservative focus attracts partners with deep roots in the business community. SHRM’s affiliations are easy when the partner is a broad, vanilla association like the U.S. Chamber of Commerce. Companies like Koch become harder to evaluate for fit.

• SHRM is at its best when its initiatives merge business need, policy trends and inclusion. “Getting Talent Back to Work” is a good example of this. We’re dealing with the lowest unemployment in decades (business need) and immigration policy trends will continue to put pressure on workforce planning (especially in non-white collar jobs). Any SHRM initiative to relieve this pressure would seem to be a good investment of resources. But the real magic happens when SHRM can create these types of programs with an inclusion element. Rather than teaching HR pros how to recruit existing employees away from competitors, “Getting Talent Back to Work” attempts to bring new candidates into the tent. It’s the not the first example of inclusion most of us would list, but it’s a brilliant program when you step back and evaluate the convergence of business need, policy and demographic in need.

• SHRM doesn’t always move first, but when they move, it matters. SHRM’s a mega-association battleship. With hundreds of thousands of members, you’ll find a cross-section of America including comparable percentages of conservatives, liberals, Christians, atheists and more. Like any other association with demographics that rival the United States at large, SHRM is rarely first on any issue that involves societal change. But when SHRM moves, it matters. Hundreds of thousands of members are influenced by various SHRM media properties monthly, meaning SHRM opens minds on any issues linked to the world of HR.

SHRM’s not perfect. But an agenda that challenges HR pros to rethink traditional views that may be limiting in today’s world matters.

Posted on February 19, 2019June 29, 2023

Do You Know How to Spot an Employee at Risk for Violence?

Jon Hyman The Practical Employer

Early Friday afternoon, Henry Pratt Co. informed one of its employees, Gary Martin, of his termination.

Shortly thereafter, he opened fire with a .40-caliber Smith & Wesson, killing five of his co-workers and wounding five police officers. Martin himself was the sixth casualty, killed in a shootout with police.

After the news of this tragedy broke, reports surfaced of Martin’s history of violence —s ix prior arrests by the local police department for domestic violence, and a decades-old felony conviction for aggravated assault.

All of which begs the question, should this employer have known that Martin was prone to violence, and, if so, should it have taken added measures in connection with his termination.

A criminal history of violent arrests and offenses is not necessarily a predictor of workplace violence. Still, there are certain warning signs for which an employer can look to help determine whether an employee is at risk for potential violence.

According to ESI Group, these warning signs include:

  • A chronic inability to get along with fellow employees
  • Mood swings and anger control issues
  • Expressions of paranoia or persecution. Being a “victim”
  • A history of problems with past jobs and and/or personal relationships
  • An inability to get beyond minor setbacks or disputes at work
  • A fascination with guns, weapons, or violent events
  • A sudden deterioration in work habits or personal grooming
  • Signs of stress, depression, or suicidal ideation
  • A major life problem, such as divorce or legal problems

If one more of these red flags surface, it is recommend that you refer this employee to an employee assistance program, for assessment and treatment.

If you are compelled to fire an employee who you think poses a risk of violence, it is recommended that you take further steps to mitigate against the risk of your termination transforming into a workplace tragedy.

ESI Group recommends the following:

  • Consider a professional threat assessment
  • Consider using a neutral manager or outside security consultant to carry out the termination
  • If there is manager or supervisor who has been the object of threats or anger, that person should not be the person to conduct the termination
  • Have security nearby—not in the same office, but close enough to hear signs of a problem and to act
  • Do not take a break. There are numerous instances of an employee asking for a bathroom break or time to compose him- or herself, and using the break to retrieve weapons
  • Wait until the end of the workday to terminate, if possible. This protects the dignity of the fired employee and minimizes the number of employees on hand should a situation escalate
  • Minimize any reasons why the employee would have to revisit the workplace. Mail a check; have uncollected belongings sent to the person’s home via a delivery service
  • Allow the person as much dignity as possible, but be brief and to the point. Do not get into a back and forth
  • Emphasize any severance benefits and outsourcing help that may be available. Some organizations decide they will not contest unemployment or offer the option of resigning.

As with most issues in the workplace, the proverbial ounce of prevention really matters. While there exists no foolproof way to protect your workplace against these kinds of tragedies, a few preventative steps can go a long way to putting you in the best place to deter and respond.

Posted on January 25, 2019June 29, 2023

SHRM Names New Internal Head of HR

The Society for Human Resource Management has named Sean Sullivan as its new chief human resource officer.

Sullivan, who will begin his new job in February 2019, takes over HR operations for the Alexandria, Va.-based organization, the world’s largest association of HR professionals with nearly 300,000 members.

SHRM Sean Sullivan
Sean Sullivan, SHRM’s New Chief Human Resource Officer

“I am pleased to welcome Sean, a longtime SHRM member, to our executive team,” said SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., in a press release announcing the appointment. “His background is exactly the right fit for SHRM as we continue to elevate our profession and represent the positive change we want to see in the workplace.”

Taylor himself is a relatively new leader for the organization, having taken over in early 2018 from Hank Jackson.

Most recently, Sullivan was vice president of human resources at Tufts Medical Center in Boston, where he was responsible for human capital practices and labor relations for the 5,500-employee academic medical center. Previously, he was vice president of human resources at Science Applications International Corporation, a $4 billion publicly traded technology company with 15,000 employees worldwide. Sullivan holds a master’s degree in public administration and a bachelor’s degree in political science and American studies from Syracuse University.

Posted on January 22, 2019June 29, 2023

Labor Relations in the Public Sector, Part 2

public sector negotiations
public sector negotiations
Jerry Glass

Despite the Bureau of Labor Statistics reporting that 10.7 percent of all wage and salary workers in the U.S. are union members in both the private and public sector, union membership of public sector employees at the federal, state and local levels is well above that at 34.4 percent.

Just in local government, the rate of union membership is 40.1 percent and includes teachers, police officers and firefighters. In contrast, only 6.5 percent of private sector employees belong to unions. That number is significant because average private sector compensation costs average $34.19 per hour, compared to an average  of $49.23 per hour in state and local government — a 30 percent difference in private to public employment costs.

So how do public sector unions achieve such important gains when some of these same unions don’t have the ability to strike? First, let’s take a quick history lesson.

The New York state Legislature was one of the first states to pass labor laws protecting women and children. Labor unions continued to gain strength in the subsequent decades, resulting in the passage of the Railway Labor Act in 1926, allowing railroad employees to unionize, and the 1935 National Labor Relations Act, which guaranteed basic rights of private sector employees to organize into labor unions and encourages collective bargaining — generally defined as the negotiation between an employer and a labor union on issues of wages, hours and working conditions.

Notably, the NLRA did not extend those protections to employees in the public sector for fear that public employees would strike, leading to paralysis of government until their demands were met. In 1943, the New York Supreme Court in Railway Mail Ass’n. v. Murphy, said, “Nothing is more dangerous to public welfare than to admit that hired servants of the state can dictate to the government the hours, the wages, and conditions under which they will carry on essential services vital to the welfare, safety and security of the citizen.”

Please read: Labor Relations in the Public Sector, Part 1

Today, most states have laws that formalize the bargaining process for some or all public employees, and some states permit only “meeting and conferring” on work-related issues. Only 11 states allow public employees to strike. Of those, most prohibit striking for essential employees and in cases where striking would endanger public health and safety.

For example, New York’s Taylor Law grants public employees the right to organize and elect union representatives, but also makes work stoppages punishable with fines and jail time. Some states prohibit collective bargaining for teachers while others prohibit all public sector collective bargaining.

The Power of Public Sector Unions

Without either limited or no ability to strike, public sector unions may try to leverage their power to help elect the very politicians who sit across from them at the bargaining table and influence legislation that affects public employees’ wages and availability of jobs. According to the California Fair Political Practices Commission, the California Teachers’ Association spent more than $211 million from 2000 to 2009 on political campaigning — more than any other donor in the state and as much as the pharmaceutical industry, the oil industry and the tobacco industry combined. In 2005 alone, the CTA spent $54 million to defeat initiatives intended to cap the growth of state spending and make it easier to fire underperforming teachers.

Politicians who attempt to limit the power of public sector unions and their lobbying arms need to come to the table prepared to make realistic changes. A case study of how not to negotiate with a public sector union is the Chicago Teachers’ Union strike in 2012, which was in response to some of Chicago Mayor Rahm Emanuel’s initiatives. Emanuel campaigned to improve the education of Chicago schoolchildren and used his political might to pass an aggressive education-reform bill without consulting the teachers’ union.

The CTU brought other public unions to their cause and engaged in a 10-day strike. After an unsuccessful attempt to get a court order to force teachers back to work, both sides reached an agreement. While Emanuel did get a longer school day and longer school year, the teachers got an average raise of 17.6 percent over four years, health insurance increases, seniority pay increases and raises for additional education.

public sector negotiationsIn jurisdictions where striking is prohibited, there are ways to reach final resolution of negotiations if parties disagree. These include arbitration, mediation, fact-finding and bargaining without a final resolution mechanism.

In arbitration, a neutral third party facilitates discussions, examines the facts and makes a binding determination. In mediation, the parties agree on a professional who facilitates discussions and proposes solutions that both parties can accept or decline. In mediation/arbitration, the parties jointly choose a mediator and if both parties fail to come to an agreement, the mediator becomes the arbitrator. Fact finding is a labor dispute resolution measure where an independent “fact finder” examines the arguments of both parties and offers a nonbinding resolution. In the public sector, as many state and local governments are in poor financial health, the fact finder generally sides with the employer and finds the unions’ proposals unreasonable to allow the employer to control costs.

Unions strive to secure good outcomes for the employees they represent during the initial stages of negotiations. Allowing a dispute to lead to arbitration takes the decision away from management and labor. Since arbitrators must adhere to certain standards, the awards are somewhat predictable. Generally, arbitrators reach decisions that neither labor nor management view as the best solution. In a world where labor-management cooperation has become so important, having someone with no vested interest in the outcome decide a union and agency’s fate is a poor outcome that can take years for the parties to repair.

It is encouraging to see that some state and local governments and unions are using tools borrowed from the private sector that help lead to voluntary agreements. The following are important methods that increase the likelihood of fair, voluntary agreements:

• Engage employees at the workplace.

• Use interest-based bargaining techniques in contract negotiations, where both sides declare their interests and then work together to draft agreements that align common interests and balance disparate interests.

• Share information and consult with unions on long-term strategies. Since most labor agreements are in effect for at least three years, a government’s labor relations strategy should align with its own short- and long-term financial planning and overall strategy. Given the repetitive nature of the bargaining process, successful labor-management relationships have management communicate with and involve stakeholders regularly, not just during negotiations.

Bargaining involves transparent communication between labor and management regarding terms and conditions of employment. Effective bargaining is usually measured by whether labor and management can reach an agreement without involving a third party. By demonstrating interest in building rapport, exploring alternatives, refusing to put limits on the number of topics for negotiation, and coming to the table with the goal of a solution, management can maximize the chance of a favorable outcome without compromising the operations of government.

Posted on January 22, 2019June 29, 2023

Labor Relations in the Public Sector, Part 1

public sector negotiations

Animosity and being at odds no longer have to be the norm when coming to the table to negotiate public sector union-labor agreements.

public sector negotiations
Dale Pazdra, director, human resources for Coral Springs, Florida.

By creating an environment that supports greater collaboration and problem-solving, the needs of both labor and management can be better understood. A climate of trust will grow when collaboration includes opportunities to increase employee engagement. Based on the input of three labor-relations experts, there are multiple ways to increase employee engagement and improve the effectiveness of labor relations.

Jeff Ling, executive vice president of human resources consultancy Evergreen Solutions LLC, suggests three best practices that sustain a culture of engagement: transparency in communication, allowing employees to partner with you and asking for assistance to finding solutions to organization problems.

Labor relations that are built on trust and open dialogue create lasting partnerships that  are more meaningful and focused on mutual results. Employee engagement flourishes in an environment of transparency where knowledge and organization information is frequently shared. For labor relations to remain strong, communications must be ongoing, transparent and meaningful.

Ling, who has worked in HR consulting for more than 25 years and leads Evergreen’s HR consulting practice, has devoted a majority of his career to advising public sector clients in all HR areas including employee engagement.

He said that transparency can only be achieved when leadership is willing to engage in ongoing communication. It is also important to share successes (what the organization is doing right) and failures (how the organization has learned from its mistakes).

Also read: Labor Relations in the Public Sector, Part 2

Ling added that it is important to openly share the reasons behind changes in key leadership roles and the overall strategic direction. At the municipal level of government, public-safety budgets can garner a larger portion of the organization’s overall financial resources. Establishing trust between organization and labor union leaders is the key to having a sustainable long-term financial outlook.

Ling also added that transparency in communication is key to having strong levels of engagement.

“It’s necessary to provide future direction and strategic outlook during non-negotiating years,” Ling said.

Engaging Employees in Key Decisions

Including represented groups in organization focus groups on employee matters helps fuel ongoing collaboration. Offering employees the opportunity to influence changes in employee benefits or policies actively involves them in organization decisions and increases overall engagement.

Jackie Wehmeyer, human resources director for the city of Margate, Florida, described a time when an economic downturn resulted in decreased revenues as the city’s health care costs continued to rise. It was important to educate the union representatives on the drivers behind the cost of insurance and invite them to be part of a working group to evaluate plan design options, she recalled.

public sector negotiationsAlthough the design of the insurance plan isn’t a subject of labor negotiation, the act of asking for input demonstrated the organization’s commitment to employee engagement and willingness to seek their input on matters of importance.

Involving union representatives in other key decisions such as procuring new technology, vehicles, equipment and employee insurance coverage also is important to the organization’s ongoing commitment to employee engagement.

“It’s all about trust,” said Wehmeyer, who has 15 years of labor-relations experience representing management in multiple successful collective bargaining processes. “When employees and union representatives have the freedom to provide input, they feel more compelled to work together effectively.”

Collaborating to Find Solutions

Leaders from both sides need to challenge the status quo and begin to lean on employee groups to creatively solve problems and develop solutions to increase collaboration. International Association of Fire Fighters Union President Brian Powell experienced this firsthand when a prolonged recovery from an economic recession resulted in some cities not being able to deliver meaningful pay increases that were needed to motivate union employees.

Powell, who is president of Local 3080 of the IAFF in Broward County Florida, said that instead of making unrealistic requests, union representatives collaborated with city leadership to identify other sources of funds (including the use of state funds for benefit enhancements) that could help subsidize the cost of the pay increases.

“The union has to be willing to sit down and listen and the city’s leadership needs to do the same,” Powell said. “It’s important for each side to prove the request is fair and have ongoing dialogue to develop possible solutions.”

This strategy helped both sides meet existing challenges and enabled pay increases to be delivered sooner.

Without collaborative labor-management relations, productive dialogue is limited and results in longer, less effective negotiations. When labor unions are willing to develop a broader understanding of financial limitations, such as the need to have adequate financial reserves for unforeseen emergencies, the dialogue can become more solutions-oriented.

Based on these shared experiences, human resources professionals who are seeking a more effective labor relations strategy should consider opportunities to increase employee engagement levels.

“Building relationships needs to begin long before the start of labor negotiations,” said Powell, who has more than 15 years of collective-bargaining experience. As a union leader, he negotiates collective-bargaining agreements with multiple municipal organizations in South Florida. “Collaboration and open dialogue help build trust and increase mutual understanding,” he said.

Focusing on communication, involving employees in key decisions and collaborating to solve organization problems are all best practices for building a foundation of trust that leads to stronger employee engagement.

Positive outcomes will increase during labor negotiations when organization and union leaders seize opportunities to collaborate, learn from each other and remain committed to open and honest communication.

Posted on January 14, 2019June 29, 2023

Public Sector Employers Facing People Problems

public sector employees

At a time when careers in government are increasingly underscored with public and political pressure, Kirsten Wyatt is sounding the alarm about the public sector workforce.

“The government needs to wake up and realize there’s a talent war,” said Wyatt, executive director of the Oregon-based Engaging Local Government Leaders, a nonprofit promoting diversity, education and networking among local government employees on a national level. “If you’re going to be competing for entry-level or jobs you want to fill with talent you can then nurture, you need to put in more effort.”

Public sector agencies from the massive federal government to tiny rural townships face unique challenges when competing with private businesses for talent. Recruiting and retention is a recurring concern for the skill set often associated with public service employees. And it’s no secret that private sector companies typically offer substantially higher wages and more flexible work schedules. And there are other factors coming into play.

Prime among them is the so-called silver tsunami, a wave of baby boomers exiting the workforce into retirement. Studies show some 10,000 boomers retire every day, leaving a huge gap for public sector employers to fill.

According to the U.S. Office of Personnel Management, the average age of a full-time federal employee is 47.5 years, with 45 percent of the workforce over 50 years old.

The Congressional Research Service indicates 52 percent of public workers are age 45 to 64 compared to 42.4 percent in the private sector.

Federal workers are older than state and local government employees, too, studies show. Of those age 45 to 64, 56.7 percent are federal, 52.1 percent are local, and 49.7 percent are state employees.

In a 2018 survey by the Center for State & Local Government Excellence, public sector HR directors report higher numbers of retirements in 2018 over 2017.

Another challenge: Public agencies depend on tax base or bond-measure revenues to create new jobs and rehire for open positions. Hiring freezes are not uncommon even in flush economic times.

public sector employees
Nannina Angioni

“When taxpayer dollars are on the line, protections and processes come into play that an untrained, private sector employee would not even consider,” said Nannina Angioni, a labor and employment attorney and partner of the Los Angeles-based law firm Kaedian LLP.

Angioni said it can be costly and time consuming to find employees with public sector experience for entry-level positions given the increased ethical considerations, regulatory issues and legal obligations that typically don’t apply to private sector workers.

Still another challenge: enticing people to technology jobs. While millennials exhibit technological advantages being digital natives, it’s also one reason they are scarce in government workplaces with antiquated systems where they can’t sharpen their skills, said Kris Tremaine, a senior vice president focusing on the federal public sector at ICF, a global consulting and technology services company.

Although millennials will comprise 75 percent of the workforce by 2025, they currently make up only 10 percent of the federal sector technology workforce, said Tremaine.

public sector employees
Kris Tremaine

Eighty-two percent of the Center for State & Local Government Excellence’s survey respondents indicated recruitment and retention as a workforce priority. They’re finding it difficult to fill positions in policing, engineering, network administration, emergency dispatch, accounting, skilled trades and information technology.

“When it comes to recruiting talent, you need to go where the talent is,” said ELGL’s Wyatt, adding that while many public sector HR departments continue to advertise jobs in newspapers, potential talent is hanging out on social media.

While Wyatt calls many job ads “boring,” she also notes successful efforts such as one produced by the city of Los Angeles for a graphic designer. The ad appeared as if a child drew it with a crayon. It went viral.

Fort Lauderdale, Florida, human resources professional Jody Blake posts jobs on social media featuring eye-catching images of palm tree-lined beaches or building plans.

To fill vacancies in Fort Lauderdale’s 2,500-member workforce, Blake uses Twitter, Facebook, LinkedIn, ZipRecruiter and Indeed.

She’s had the most success with LinkedIn, especially for stormwater and wastewater engineers. She posts jobs on engineering group sites at no cost and uses LinkedIn’s Recruiter Lite program to maximize her efforts.

“I believe in getting the word out any way you can,” she said. “Even if people aren’t interested themselves, they may know someone who is.”

The public sector should take a page from the private sector in hiring practices, including internships, career fairs, meet-ups, events, social activities and using more technology, said Tremaine. Blake, meanwhile, also seeks people with a passion to make a difference. Jobs emphasizing social good attract millennials who want to be part of making a difference “such as in helping Americans stop taking opioids or climate change issues,” Tremaine added.

Wyatt said, “You can work in sustainability, be a librarian, police officer or an engineer and all work for a local government with that public service ethos at the core of your job every day.”

Millennials Embrace Collaboration

Human-centered open plan designs supporting teamwork where employees of different skill sets gather is important, said Tremaine.

While millennials skip from job to job often for higher pay, “some want clearer paths to growth and an understanding of where they fit in the organization,” Tremaine said, adding they prefer a coaching-mentor relationship to a boss.

Streamlining onerous paperwork and a protracted timeline involved in public sector employment may attract more employees, Tremaine said.

So too would the ability to leave a job and return “and not lose all of your benefits while drawing private sector best practices into the government,” she added.

public sector employees
Jody Blake

Fort Lauderdale attracts many people looking for a switch after many years working in the private sector. While they made more money in private industry, they seek the security of the public sector, Blake said.

The city of Weston, Florida, took a different approach 21 years ago by outsourcing most positions per its charter.

“Probably 70 percent or more of a government budget is the cost is to pay employees,” said City Manager John Flint.

Only 10 positions for the city of Weston are in-house: six department directors, a city manager, two assistants and a clerk. An assistant city manager handles necessary HR functions such as insurance and payroll contributions.

Law enforcement is provided through the Broward County Sheriff’s Department. Other city jobs are filled by government outsourcing services such as C.A.P. Government, Calvin, Giordano & Associates, Municipal Technologies, and Weiss, Serota, Helfman, Cole & Bierman.

“All of the people here are by invitation and not by right. If the people assigned to us don’t meet our expectations, it is easier for us to replace them. I don’t have to spend my time managing people. I can manage the city and spend more time with our elected officials and residents,” said Flint, adding Weston’s approach offers greater flexibility and efficiency. 

Some outsourced employees have been with the city before its incorporation in 1996 when it was a community development district, said Flint. When the city changes service providers (which hasn’t happened in a decade), Flint ensures the incoming provider retains the current employees and keeps their salaries and benefits at least equal to the previous provider.

Kaedian LLP’s Angioni said that once they are hired, many public sector employees stay in their job for decades for the perks of consistent work hours, minimal demands outside of their set schedules, union benefits, rights to reinstatement, pensions and appeal rights to disciplinary actions.

Career Moves

The public sector also offers the ability to try different careers while retaining benefits in one organization.

An agency might consider moving someone who’s been an analyst in community development for a few years into public utilities for another few years to increase their knowledge base and broaden their skills.

Such moves keep employees “engaged, excited and continually learning” while also giving departments “a fresh set of eyes,” Wyatt said. That’s important to retention, given the hundreds of thousands of dollars spent on employee wages, benefits, training and development over a five-year span, she added.

public sector employees
John Flint

To retain employees in one of the most difficult public sector jobs — solid waste collection — Greenville, South Carolina, Solid Waste and Recycling Manager Mildred Lee treats a crew to lunch monthly to show her appreciation and elicit their input.

She’s retained employees by leading an effort to convert solid waste collection from five to four days. A supervisory mentoring program for all frontline solid waste employees has transitioned two into management.   

A 2018 survey by the Center for State & Local Government Excellence noted that more than 45 percent of the respondents offer flexible scheduling, 65 percent support employee development and training reimbursement, 37 percent host wellness programs or on-site fitness facilities, and 34 percent provide some form of paid family leave.

Wyatt said she receives increasing feedback about the value the midprofessional generation places on paid family leave.

Kansas City, Missouri, recently finished a one-year paid family leave pilot program. It was utilized primarily by male police officers. It’s the hardest job for which to recruit and is typically dominated by young men, said Wyatt.

“You look at the long-term impact that has on employee morale and loyalty and who you choose to work for with everything else being equal,” she added.

As the public sector starts to see the dismantling of retiree benefits, one useful tool may be adopting the Individual Medicare Marketplace for retiree health care programs, “a model generally far more affordable for retirees while offering cost savings for employers,” says Marianne Steger, director of public sector strategy at Willis Towers Watson and former health care director for the Ohio Public Employees Retirement System.

Retaining employees has meant offering low-priced health insurance, a generous retirement plan, educational incentives, annual reviews typically with pay increases and the ability to start off at a good rate of vacation time accrual, said Fort Lauderdale’s Blake.

Blake offers advice to new hires on how to improve their profile to increase their promotion chances. Employees are surveyed on the work culture. Employees are called community builders while residents are called neighbors.

Wyatt and her husband Kent — both former public sector employees — founded ELGL after noticing local government education, training and networking was siloed based on job title. Its 4,000 members nationwide represent a cross-section of entry-level employees to mayors and city managers.

“It helps when librarians can learn from planners and cops can learn from finance directors,” said Wyatt.

Their organization provides collaboration and cross-departmental training through a technology network connecting public sector employees in one part of the country to others elsewhere to help deal with problems for which others have found solutions.

It also provides online content, monthly webinars, regional pop-up conferences and a national conference. Informal meet-ups are held on college campuses to introduce local government careers to college students.

Further, it focuses on increasing the number of women and people of color into local government leadership to reflect U.S. community demographics.

While there is much focus on age demographics in public service, Wyatt said what most people in a public service career want is no different than anyone else: “feeling recognized for a job well done, independence and learning something that takes them to the next step in their career.”

Wyatt has seen some members go through a career crisis as they contemplate a move to the private sector for more pay and better fringe benefits.

“They choose to stick with government,” she said. “They built a network that supports them and reminds them it’s work worth doing and that’s powerful.”

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