The Art of Decision-Making

First I will discuss the "Five Levels of Decision-Making" introduced by Vroom-Yelton.

A. Authoritarian
   A-I  Decision maker makes decision alone.
   A-II  Decision maker gathers information without telling others that they are "participating"
            in the decision.

C. Consultative
   C-I  Consults with people individually for their input.
   C-II  Gathers information from the group. Genuine interest in the feedback.
   C-III  Consensus. Shares decision making power with group.

Guidelines:
   * Time for decision making is greater the further down the list you go.
   * Can't flip back and go from C-III to A-I.
   * Group must understand at what level decision-making is sought before deliberation.
   * Best decisions for consensus are those where the extra time is needed to assure the group's
      best thinking and commitment.
   * Group should feel the magnitude of the question is sufficient to spend the time in order to
      reach consensus.
   * Group must weigh the complexity of data needs in order to make consensus-based decision.
      Answer the question, how much quality do we need and how complex is the data to get it?
   * The group must be willing to reformat the question and alternatives if consensus seems
      unachievable.
   * Group decide if they have enough time to make the decision by consensus.
   * Members must abide by and support the decision once they give their consensus.

I believe that Vroom-Yelton's concepts have merit. There are two schools of thought:
   1. The best decisions are made by individuals, i.e., authoritarian.
   2. The decisions that are best supported and followed up on are those made by groups, i.e.,
       participative or consensus.

I understand that sometimes there are time restraints and decisions must be made on the spot, then the first school of thought would be appropriate, however, for the most part, I buy into the second school of thought.

I will discuss authoritative, participative and consensus decision-making.
   Authoritative
   * As discussed previously, one school of thought is that the "best" decisions comes from individual
      decision-makers; however, even if it is the best decision, will it be supported by everyone or
      doomed for failure?
   Participative
   * The supervisor can make the final decision but that decision will most probably be effective and
      supportedif the people who reports to that supervisor have some input to the decision-making
      process and can, thus, have some ownership. If the supervisor choose not to nclude the employees
      input into the decision, the employees should be given an explanation why and the supervisor
     should be accountable for that decision.
   Consensus
   * A decision made by consensus may or may not be the best decision, however, research has
     shown that the decision made by consensusis "highly likely" to be supported by the people
     involved in the decision-making process and that the decision is most probably the best decision
     for the group at that time.

Definition of Consensus
  * A group reaches consensus when all members agree upon a single alternative, and each group
    member can "honestly" say:
    - I believe that you understand my point of view and that I understand yours.
    - Whether of not I prefer this decision, I support it because
       1. It was reached fairly and openly, and
       2. It is the best solution for us at this time.

Consensus Decision-Making
   " A consensus decision is one that all (emphasis added) group members can understand and support
     without feeling that they are compromising anything "important.

Guidelines on Reaching Consensus
   * Listen: pay attention to others
   * Encourage participation
   * Share information
   * Don't agree too quickly
   * Don't bargain or trade support
   * Don't vote
   * Treat diffenences as a strength
   * Create a solution that can be supported
   * Avoid arguing blindly for your own views
   * Seek a "win-win" solution

I totally support the consensus decision-making process; at times it may be time consuming and, yes, frustrating because it only takes one member of the group to give a thumb's down and consensus will not be reached, however, in the long run I continue to believe that it is the best decision-making process.

Howard W. Lewis
Labor Relations Consultant

Effective Communications

In basic communications you have:
   * Sender
   * Receiver
   * Message
   *Channel (i.e., memo, voice, e-mail, etc,)
   * Feedback (from receiver)
   * Field of Experience
   * Noise (internal & external)

We all understand what basic communications is; we communicate a message to someone and the words in that message are received but is the meaning and intent of those words understood? What did you intend for the receiver to hear and understand? What thoughts and ideas are you trying to convey? What are your feelings about what you are communicating?

Feelings are a big part in effective communications.
   * Share what you're feeling?
   * First "Truth" First.
     -identify feelings for yourself !!
     - share with the listener !!
     - avoid listener making-up a "story" !!

To be clear in what you are feeling in your communications; to ensure that the meaning and intent of your communications is clear, I use what I call the "Communications Formula"

The Communications Formula:
   *Here is what I see (or hear)......
   *Here is how I interpret it ......
   * Here is how I feel about it ......
   *This is what I would have preferred ......
   * This is what I want now ......

An example of how this would sound is:

Say that your boss is always running around you and giving work instructions to the people who report to you and you communicate to your boss your dislike for his or her behavior; you would say:

   * What I see is that you are always going around me and giving work instructions to the people
      who report to me.
   * I interpret your actions and behavior as disrespect of my supervisory abilities.
   * When you do that I feel disrespected and undermined.
   * What I would have preferred is that you come to me with the work instructions and I will give
      them to the people who report to me.
   * In the future what I want is for you to come to me and I will give the work instructions to the
      people who report to me.

Now your boss may not agree but he or she is clear about the meaning and intent of your communications and know how you feel about what you communicated.

The Ten Commandments of Good Communications
   * Clarify your ideas
   * Determine an approach
   * Consider the physical setting
   * Consult with others
   * Consider verbal and non-verbal message impact
   * Be a good listener
   * Make necessary adjustments
   * Provide appropriate feedback
   * Follow-up

Communications Paradox:
 " I know that you believe that you understand what you think that I said, but I am not sure you
    realize that what you heard is not what I meant !!"

Another part of effective communications is "non-verbal communications; sometimes words lie but body language always tells the truth.

Non-Verbal Communications:
   * Sign language
   *Space (most people do not want other people to enter their space; how close will you let others
     get to you?)
   * Time, and of course,
   *Body Language
     -Tone of voice
     - Posture
     - Gestures
     - Silence
     -Facial expressions
     _ Eye contact

I believe that the most important aspect of effective communications is effective listening; while there are many courses on effective communications there are virtually few on effective listening.

Why we don't listen:
   * Speech- 125 to 140 words per/minute
   * Ear (hearing) - 400 words or more per/minute
   * Brain - processes 1000 to 1400 words per/minute
   * Attention span - " 17 seconds"
   * Communications breakdown
     1. writing   9%
     2. reading  16%
     3. speaking 30%
     4. listening 45%

These are just some of my ideas on effective communications.

One last thought, you often hear people say, I didn't mean that; if you said it you meant it, maybe you mean that you wish that you had not said it??

Howard W. Lewis
Labor Relations Consultant
    

The Art of Labor Negotiations

The current labor negotiations that has dominated the sports news are the National Football League and the National Basketball Asociation labor negotiations. The NFL and NBA negotiations are no different than any labor negotiations; it's always about the money. Just in the case of the NFL and the NBA they are arguing over billions of dollars. I believe that the NFL will settle their disputes and get a collective bargaining agreement (CBA), I am not confident that the NBA will get a CBA in the near future. I believe that there will be a lockout on July 1, 2011.

In labor negotiations when the CBA expires or there is an impass in the negotiations the employees can strike, i.e., withhold their services, the management can lock the employees out, i.e., not allow the employees to come to work.

When do you start to prepare for labor negotiations? You start to prepare for labor negotiations when your current CBA is signed and ratified. You evaluate the importance of the language that you proposed and did not get in the current CBA and determine if it is important enough to the efficiency of your operations to propose in the next negotiatons. Throughout the term of the current CBA you get input from all departments regarding the impact that any existing language in the CBA has on the efficient operations in their department; with this input you can determine what language to propose in the next CBA.

What is the process?
   * Meet with the managers and supervisors in all departments to evaluate, understand and finalize
      their proposed language for the CBA.
 
   * Meet with the labor relations staff to farther evaluate, understand and finalize the proposed
      language for the CBA.
 
   * Meet with the management negotiating team to farther evaluate, understand and finalize the
     proposed language for the CBA. The negotiating team will be composed of representative(s)
     from the labor relations staff, the legal staff, key operating departments and the Chief Labor
     Negotiator.

   * Meet with the costing team to cost out the proposed language for the CBA; the costing team
      is usually composed of repesentatives from the finance and budget departments. After proposals
      are exchanged with the other side, the costing team will cost out their proposals.

  * Meet with senior management to discuss and explain the proposed language and the negotiations
     strategy; it's very important to get senior management buy in at the start of negotiations in order
     to have their approval at the end of negotiations; if applicable, it may be necessary to also meet
     with senior management and the board of directors.

   * Meet with the negotiating team members from the legal and labor relations staffs to finalize the
      proposed language for the CBA.

   * Negotiate the CBA! After the CBA is signed and ratified by both parties, you proof read the
      language and give it to the printers.

   * Meet with the operating departments to explain the application, meaning and intent of the
      language in the CBA.

   * Start to prepare for your next negotiations.

Howard W.Lewis
Labor Relations Consultant 

The Duty of Fair Representation

I believe that unions are very necessary in the American workforce. I am saddened to see the present day attack on unions led by Wisconsin and other states; they are trying to take away the employee rights that union members have fought and died for; and for all of the people who support this attack on unions, how soon we forget that the 40 hour work-week, the paid holidays and vacation, social security, pension plans, etc. are all a reality because of unions. I could go on and on about the benefits that the unions have given us,
but you get it!! The unions have a right to exist and are very necessary in the American workforce.

When employees chose to  be representated by a union, the union has a legal right to represent all of the employees in the bargaining unit. This right is given to the union by the National Labor Relation Act.
Under the Act, the union also has a legal "fair representation" obligation. The union has an obligation to represent all bargaining unit employees both union members and non-union members; hopefully, all employees in the bargaining unit are union members.

The union satisfies its obligation if it considers the interest of all members and takes its ultimate position honestly, in good faith, without hostility or arbitrary discrimination. The employee has the burden of proof in establishing that the union breached its fair representation obligation. Fair representation does not require the union to take every grievance to arbitration. However, the union's "perfunctory conduct", i.e., simply going through the motions, makes the union liable. Perfunctory conduct may include: inadefquate defense in an arbitration hearing; delaying grievance processing until time limits expire; failing to inform the grievant of accepting a different remedy or failing to keep union members informed about an arbitration that affects member's seniority rights.

The Supreme Court has ruled that, ".......courts should only examine the union's fair representation obligation, not the merits of the case.

In my experience, the unions has always looked out for the rights of their members and afforded them good representation. I am not aware of any employee who has successfully prevailed in a fair representation law suit.

The Grievance Process

Sometimes in the workplace employees may have a concern or complaint about some occurrance and a grievance may be filed. This could occur either in a union or non-union environment. A grievance is any employee's concern over a perceived problem in the workplace or a perceived violation of the labor agreement in a union setting. Most grievances are reduced to writing, however, a grievance may be resolved verbally. I favor verbal resolutions because that means that the parties are communicating and have reached a resolution to the satisfaction of both parties. A grievance becomes a permanent record and that record generates precedents that can guide future actions. Additionally, in some cases a grievance tends to reduce the emotionalism present in many employee concerns.

Some reasons for filing an employee grieance are: to protest an alleged violation of the labor agreement; to draw attention to a problem in the workplace, e.g., work-related or safety; to make the grievant feel good; and unfortunately, sometimes a grievance is filed to get something for nothing.

The typical steps in a grievance procedure are:

   * The first step of the procedure the employee discusses the concerns with the first-line supervisor; this
      may be with or without a union steward. If not resolved verbally, the supervisor answers the grievance in
      writing.

   * The second step of the procedure union officials and management are involved because of precedent
      considerations that may be set due to the nature of the grievance; in addition to the employee and the
      union steward, other participants will most probably include the Chief Steward and/or Union President
      and members of the grievance committee. For management the participants may include the supervisor,
      the department manager and at times a representative from the labor relations department. This is a
      second opportunity to resolve the grievance. Again, if the grievance is not resolved verbally, management
      answers the grievance in writing.

   * The third step of the procedure top union officials, e.g., the President, Business Agent, Chief Steward,
      members of the grievance committee, etc. and the Manager of Labor Relations and other management
      representatives are involved; these participants are important because the grievance may have company
      wide implications. This step is the best chance for the grievance to be resolved because the participants
      are the decision-makers for the union and the company. If the grievance is not resolved verbally
      the labor relations department answers the grievance in writing.

   * The fourth step of the procedure ( if the union decides to go forward) involves a third party neutral,
       either an arbitrator or mediator; if an arbitrator hears the case the resolution of the grievance is final
       and binding on the parties; a mediator's recommendation regarding the resolution of the grievance is
       not binding on the parties and they can accept or reject the recommendation. If the union or
       management reject the mediator's recommendation the grievance may be heard in arbitration.

In my experience I have found that the best resolution to a grievance is the mutual agreement of the parties because an arbitrator's decision may not be satisfactory to either party. If the grievance has merit it should be resolved in favor of the employee; if the grievance is without merit the union should withdraw the grievance.

Every first step grievance should be viewed as a potential arbitration, thus the importance of good investigation and good documentation is paramount.

A note to first-line supervisors, as noted above, if the employee's grievance has merit it should be resolved in the favor of the employee; if you are going to resolve the grievance in favor of the employee you should discuss your decision with your supervisor to insure his/her support and understanding of your decision; additionally, even if the grievance is without merit and there is no violation of the labor agreement, the employee has a right to file a grievance, therefore the grievance should be investigated and responded to in a timely manner.

The Arbitration Process

In the early days of labor-management relations there was a lot of labor unrest; disputes in the workplace were settled mainly by strikes. Management had the upper hand because the courts favored management and injunctions were easy to get to force the unions and their members to get back to work.

Arbitration was infrequently practiced until World War II, with unions and management frequently relying on economic tests of strength to resolve employee grievances. Arbitrators had little authority and they often attempted to reach consensus amoung the parties much like mediators do today.

Some very important Supreme Court decisions gave the arbitrators the authority to make "final and binding" decisions in arbitrations cases. The Lincoln Mills decision (1957) stated that courts have an obligation to enforce labor agreement provisions, including the grievance and arbitration provisions. The Steelworkers Trilogy cases greatly enhanced the arbitrator's authority by stating in essence that the arbitrators, not the courts, are best qualified to interpret and resolve industrial grievances under collective bargaining agreements. The Boy's Market decision further clarified the parties legal obligations to settle grievances through arbitration and the courts obligation to enforce the arbitrator's decision.

Arbitrators, unlike judges, are selected by the parties, i.e., the union and management, to make a decision based on the language in the collective bargaining agreement. Evidence in an arbitration hearing is different than evidence in a court. Arbitrators are more liberal than judges in accepting certain types of evidence. For example, polygraph examinations are accepted by some arbitrators, although little or no weight is given to the evidence unless it is corroborated by other testimony; hearsay testimony, while possibly allowed at the hearing, is given little or no weight unless it is corroborated.

In the workplace the majority of arbitrations are regarding discipline cases. In my experience, I have found that most arbitrators see the purpose of discipline as a means to change employee behavior not to punish the employee. The decision-making criteria used by arbitrators include: the burden of proof, witness credibility and the cross-examination of the witnesses; provisions of the labor agreement and the interpretation of those provisions; the intent of the parties when the provisions in the labor agreement were negotiated; the past practice of the parties regarding the provisions in the labor agreement; previous arbitration awards and arbitration principles.

The characteristics and scope of an arbitrator's decision are:

   1. The statement of the issue(s) to be arbitrated.
   2. Statement of the facts surrounding the grievance.
   3. Names of union and management representatives involved in the case; employees and expert witness(es)
       who testified.
   4. Pertinent provisions of the labor agreement.
   5. A summary of union and management contentions.
   6. Discussion and opinion of the validity and relative weight of the facts and contentions.
   7. The arbitrator's award.

Disputes can be settled in arbitrations in a more timely fashion than in courts, thus arbitration provisions are found in many contracts other than labor agreements.

Howard W. Lewis,
Labor Relations Consultant
hwl.assoc@comcast.net

Coaching Employees

When an employee is demonstrating poor conduct, behavior or performance there are two basis reasons, either the employee's inability or unwillingness.

Inability -  the employee does not have the knowledge or skills to perform the task or job at hand.

Unwillingness - the employee has the knowledge and skills to perform the task or job but for whatever
                        reason the employee continues to demonstrate poor conduct, behavior or performance.

Coaching and counseling are tools that can be used to correct poor employee conduct, behavior or performance. Coaching is mainly a training technique; counseling is mainly a technique or tool to assist in correcting employee conduct, behavior or performance.

Coaching: The Core Skills
    
     * Acknowledging - Showing by non-evaluative verbal responses that you have listened to what the
                                   employee has stated.

     * Attending - Showing through nonverbal behavior that you are listening in an open nonjudgmental
                          manner.

     * Affirming - Communicating to an employee their value, strengths and contributions.

     * Confirming - Making sure an employee understands what has been said of agreed upon.

     * Pinpointing - Providing specific, tangible information about performance to an employee.

     * Probing - Asking questions to obtain additional information.

Coaching: The Face-To-Face Discussion

     * Getting agreement a problem exists.
     * Mutually discuss alternative solutions.
     * Mutually agree on action to be taken to solve the problem or issue.
     * Follow-up to insure that agreed upon action has been taken.
     * Recognize any achievement.

Employee Counseling:

In most cases, prior to any management action, an employee should be counseled regarding the infraction, conduct, behavior or performance problem. I believe that in non-extreme cases, employee counseling should always be used before any management action (e.g., discipline) is taken. I may be naive to a fault but I believe that employees want to do good! Why do I believe this? I look at the person in the mirror; if I am told that my conduct, behavior or performance is poor and I agree; I want to correct this so I would certainly response to counseling; I would want to correct the problem. I realize fthat there are some infractions or violations that justify discipline (including discharge) for a single offense but this is normally the exception not the rule.

Counseling is a supervisor's most effective tool. When an employee is creating a problem, the supervisor needs to show what the problem is and what needs to be done to correct the problem. Counseling will be successful only if the proper atmosphere is created. Counseling will not be successful if the the employee refuse to acknowledge that a problem exist.

Before the session:

     * Gather your documentation; familiarize yourself with it so you don't have to read it.
     * Find a quiet, private place to meet where you will not be interrupted.
     * Allow ample time for the meeting.
     * Prepare your (positive) opening remarks.

Guideline:

     * Conduct the interview in a constructive manner.
     * Solicit employee's cooperation.
     * Make sure the employee understands; explain in business terms, i.e., how the employee's
        conduct, behavior or performance impacts the work.
     * Discuss what action must be taken to correct the problem.
     * Focus on the employee's behavior, conduct or performance.
     * Provide for follow-up.
     * Make a written record of the meeting.

Again, if the employee does not asknowledge that a problem exist, counseling will not be effective and management action will most probably become necessary.

Howard W. Lewis,
Labor Relations Consultant

Business Literacy

People in an organization is that organization's most important asset! Organizations have operating capital, growth capital and human capital; some organizations don't recognize their human capital.

Human capital is the knowledge, education, training, skills and expertise of the organization's workforce. Successful organizations recognize and appreciate their human capital and ensure that their people have
"Business Literacy".

Every member of the management team, including the first-line supervisors, and any other employees who have an interest, should know:

     * The organization's mission, objectives, its long and short term goals, i.e., why they are in business.

     * What the organization's plans are as related to human resources growth.

     * What's in the operating budget and why. Show that salaries, wages and benefits are the majority
         expenditure in the operating budget.

     * What's in the capital budget and why. Show the organization growth plan and how it relates to its
        mission, objectives and goals.

     * How the monies come in and goes out of the organization and why.

     * Why and how tough budget decisions are made, and

     * Employees should be educated, i.e., given "business literacy" via training, constant communications
        ( i.e., news letters, bulletins, CEO's state of the organization address, etc.) and meetings with
        senior management.

Business Literacy is necessary for an organization's Human Capital to acheive success !!

Howard W. Lewis,
Labor Relations Consultant

The Four F's of Supervision

To become a successful supervisor it is benefical to have good technical skills associated with the skill sets of the people that you are supervising. To be an effective supervisor you must have good leadership skills in order to lead people. The task of supervising people is complex so I do not want to make it sound so simplistic. However, the "Four F's of Supervision" is a good foundation for a new supervisor (or an experienced supervisor) to have.

Be First - An effective supervisor must be first! Don't ask people who report to you to do something that you
                are not willing to do.

              Example: If you want the people who report to you to come to work on time, be at work before
                             they arrive.

Be Fair - Treat everyone fairly and be consistent in your behavior toward the people who report to you,
               your peers and superiors.

              Example: Do not play favors with the best performers; recognize their abilities but do not show
                            them special treatment. Show all of the people who report to you that you recognize
                            and appreciate their efforts.

Be Flexible - A supervisor will never have all of the answers and often, will not have the best answer; be
                    flexible and willing to change your decision or position if one or more of the people who report
                    to you have a better idea regarding the issue or problem to be solved; if you choose not to take
                    their suggestion or recommendation, explain why you are going to do it your way and be
                    accountaable for your decision.

                Example:  Give employees an opportunity to perform a task in a different way than you had
                                instructed; if they are successful, recognize their accomplishment; if not successful,
                                show that you appreciate their efforts and have them do it as you instructed.

Be Firm - You do not have to wear your authority on your shoulder; everyone know that you are the
                supervisor and the authority associated with that position. However, your orders, instructions
                and directivies must be strictly adhered to. Remember, employees can express their feelings or
                what they would prefer without being insubordinate.

BE FIRST, BE FAIR, BE FLEXIBLE, BE FIRM ...........................BE EFFECTIVE !!

Howard W. Lewis,
Labor Relations Consultant

Respect your people!!

There must be mutual respect between a manager/supervisor and the people that report to them. You must respect your people's skills, experience, knowledge, intelligence and the work effort that they give on a daily basis.

People are an organization's most valuable asset, an asset to be treasured; as I stated in a prior article, " you take care of your people, your people will take care of your product.

Respect is something that you have to earn. Many times the position that you are in demands respect because of what it represents for the organization, however, you, the person in that position do not automatically get that respect, you have to earn it. Although it is a positive if the people who report to you also like you, having the people's respect is much more important to your success and to the success of the organization.

Mutual respect leads to "Trust". What is Trust ? Trust equals history, credibility and consistency, i.e., you have history with a person over a long period of time, you have proved to be credible with that person and you have been consistent in your behavior with that person. That is when mutual respect leads to trust; you have to show that you are trustworthy before you can be trusted.

Show the people who reports to you that you trust them to do their jobs!!

Howard W. Lewis,
Labor Relations Consultant

Your people makes you!!

In my career I have heard many managers and supervisors say, "...he/she works for me. That's not correct, they report to you, you all work for the same organization. Everyone in the organization as well as everyone on your staff has a certain responsibility; you have a responsibility at the top of your organizational chart and each of the people reporting to you have an important responsibility. Each staff member's efforts are important to the success of the organization. "Your people make you, you don't make your people." You will only be as successful as your people are. You are a resource person, your job is to make sure your people have what they need to be successful and you must provide an atmosphere where your people can become movitated to perform at top levels. You "take care of your people", they will "take care of your product."

H, Winston Lewis,
Labor Relations Consultant