# Presentation: 846628

## Employee Relations

## OVERVIEW

## Employee Relations 

Labor Relations

Employee Relations Policy

Cooperative Resolution Program

- Employee Relations
- Labor Relations
- Employee Relations Policy
- Cooperative Resolution Program

**Notes:**
In your packet you should have a brochure that explains each of the 5 basic functions of the Employee Relations Branch.  
They are: Employee Relations, Ethics, Labor Relations, Policy and Cooperative Resolution.

Employee Relations Branch provides these services, not only to ARS, but to all the REE mission area agencies, which include ARS, National Agricultural Statistic Service (NASS), Economic Research Service (ERS), and Cooperative SRESS

## Helps management set and enforce high standards of behavior and performance (Conduct and Performance)

Ensures employee rights are not violated

Employee relations is a management function

- Helps management set and enforce high standards of behavior and performance (Conduct and Performance)
- Ensures employee rights are not violated
- Employee relations is a management function

**Notes:**
Later in my presentation, I will get more in-depth into the functions of Employee Relations.  Basically, employee relations specialist help management set and enforce high standards of behavior and performance, we often phrase these in terms of “conduct and performance”.

We also ensure that employee rights are not violated.

It is important to understand, however, that Employee Relations, like other areas of human resources management, is a management function.  An Employee Relations Specialist is not a neutral party.  He or she is a management advocate, but is still responsible for telling management when it is in danger of violating employee rights, and responsible for informing employees of their rights.

## Labor Relations Program includes contract management, negotiations, partnerships, impact and implementation bargaining, and arbitration
Represent and serve as an advisor to management during union contract negotiations

- Labor Relations Program includes contract management, negotiations, partnerships, impact and implementation bargaining, and arbitration
- Represent and serve as an advisor to management during union contract negotiations

**Notes:**
The Mid South Area does not have any bargaining unions so you may not be interested in the Labor Relations Program.  However, if you are, this is how it works.  Basically, labor relations includes contract management, negotiations, partnerships, impact and implementation bargaining, and arbitration. 

## Initiates employee relations’ policy
Develops training and communications
Provides investigative leadership
Provides guidance and service in preparation and presentation before third parties

- Initiates employee relations’ policy
- Develops training and communications
- Provides investigative leadership
- Provides guidance and service in preparation and presentation before third parties

**Notes:**
Policy also ensure that specialist are in compliance with a all applicable laws, rules, and regulations as set forth by the governing bodies before an action is taken.

##    The Cooperative Resolution Program (CRP) is the REE Alternative Dispute Resolution Program (ADR) which offers an opportunity for all employees to address issues as an alternative to the traditional complaint grievance systems available for resolving workplace issues.  The CRP offers employees Conflict Coaching, Conflict Management Training and Mediation Services. 

**   **The Cooperative Resolution Program (CRP) is the REE Alternative Dispute Resolution Program (ADR) which offers an opportunity for all employees to address issues as an alternative to the traditional complaint grievance systems available for resolving workplace issues.  The CRP offers employees _[Conflict Coaching](http://www.afm.ars.usda.gov/PROGRAMS/COOPRES/coaching.htm)__, __[Conflict Management Training](http://www.afm.ars.usda.gov/programs/COOPRES/CONFLICT.HTM)__ and __[Mediation Services](http://www.afm.ars.usda.gov/programs/COOPRES/MEDIATE.HTM)__. _

**Notes:**
The CRP is a voluntary mediation program.  It is open to all employees and supervisors and managers.  They have trained mediators who serve as an impartial party to bring parties together in mediation.  The mediation process is confidential.  The parties involved cooperate to create a workable solution, which is recorded in writing and signed  by all parties.

Some of the benefits of Cooperative Resolution are the hopefully both parties will gain an understanding of the other’s side’s point of view, wbich leads to less time lost, less disruption of work, avoids decision imposed by a third party and costly litigation.

You should have a brochure on the Cooperative Resolution in your packet.  On the back of the brochure is listed the phone number of the Cooperative Resolution Manager, Pat Frick.  You can call Ms. Frick for information on the program or to set an appointment for mediation services.

## BASIC EMPLOYEE RELATIONSFUCNTIONS

**Notes:**
Now that we have had a quick overview of the different functions within the Employees Relations  Branch, it is time to look more indepth at the basic Employee Relations Fucntions.

## Performance: 
	A failure to perform the duties of a position at an acceptable level of quantity, quality, or timeliness

Conduct:
	A failure or refusal to comply with a rule, regulation, or requirement

**Performance:**
- 	A failure to perform the duties of a position at an acceptable level of quantity, quality, or timeliness
**Conduct:**
- 	A failure or refusal to comply with a rule, regulation, or requirement

## What is “Performance”?

- How well an employee is doing his or her work.....
-    Measured against appropriate                                   Performance Standards, which define the employee’s expectations of his/her position.

## Performance Standards

- Identify what is expected of the employee at the “Fully Successful” level
- Should be: obtainable, realistic, job related, in writing and measure quality, quantity, and/or expected results
- Managers/Supervisors rate performance against standards:
-                at the end of a rating cycle or
-                when performance falls below
-                “Fully Successful”

## Warning signs of poor performance

- Reports are late
- Numerous errors
- Work has to be redone by others
- Extensive revision are necessary
- Equipment damage or spoilage
- Employee cannot learn a specific task
- Avoidance of work

**Notes:**
As well as constant follow-up by supervisor, team leader, etc.  Constant disruptions and customer service

## What happens to poor performers?

- Performance Deficiency Plan
- Performance Improvement Plan (PIP)
- Removal (probationary employees)

**Notes:**
Performance Deficiency Plan is an informal step taken to help the improve within a certain time frame when the performance problem is borderline.

## What is “Conduct”?

- An employee’s behavior and attitude as reflected in observable actions
- Behaviors are measured against conduct rules, standards, instructions, and expectations

## Examples of Unacceptable Behavior

- Falsification of official documents
- Misuse of Government-owned or leased vehicles (30 day suspension)
- Computer Misuse
- Failure or refusal to comply with supervisory instructions
- Use of insulting or threatening language
- Reporting to duty under the influence of drugs or intoxicants
- Negligence in the performance of duties
- Immoral conduct including sexual harassment
- Leave issues (tardiness, AWOL, excessive absence)

## Corrective Steps“Progressive Discipline”

- Informal Measures
- Verbal Warning
- Written Warning
- Formal Measures
- Letter of  Reprimand
- Short Suspension (14 days or less)
- Long Suspension (more than 14 days)
- Demotion (rarely used)
- Removal

**Notes:**
We try to employ what is called “progressive discipline” which essentially means that we start with the lowest level of discipline that management feels is necessary to correct the behavior, and then move on to more severe sanctions if the behavior is not corrected.  The focus here is on correcting behavior, rather than punishing employees.

As you can see, with progressive discipline, we move through various levels from verbal to written warning, which are informal measures, to reprimands, short suspension, long suspensions, and eventually removal, which are all formal measures.  You can see that demotion is a possibility, however, it is rarely used because it is usually not appropriate as a measure to correct behavior.

Also, it is important to know that it is not always necessary to move through each of the successive measures before getting to more severe discipline like a suspension or a removal.  If the behavior is serious enough, it may  be necessary to move directly to a suspension or removal.

## Seriousness of the Offense
Employee’s Position
Prior Discipline
Length of Service
Supervisory Confidence
Consistency of Penalty
Consistency with the Table of Penalties
Notoriety
Clarity of Notice
Potential of Rehabilitation
Mitigating Circumstances
Alternative Sanctions

- Seriousness of the Offense
- Employee’s Position
- Prior Discipline
- Length of Service
- Supervisory Confidence
- Consistency of Penalty
- Consistency with the Table of Penalties
- Notoriety
- Clarity of Notice
- Potential of Rehabilitation
- Mitigating Circumstances
- Alternative Sanctions

**Notes:**
4.	The employee’s past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability.
5.	The effect of the offense upon the employee’s ability to perform at a satisfactory level and its effect upon the supervisor's confidence in the employee’s ability to perform assigned duties. 
6.	The consistency of the penalty with those imposed upon other employees for the same offense in like or similar circumstances. 
7.	The consistency of the penalty with agency guidance on disciplinary actions. 
8.	The notoriety of the offense or its impact upon the reputation of the agency
9.	The clarity with which the employee was on notice of any rules that were violated in committing the offense, or had been warned about the conduct in question. 
10.	The potential for the employee’s rehabilitation. 
11.	The mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment or bad faith, malice or provocation on the part of others involved in the matter. 
12.	The adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. 

**Management Rights and Responsibilities**
**vs.**
**Employee Rights and Responsibilities**

## Pay for time worked
Clearly communicated job expectations
A safe and healthy work environment
A worksite free of illegal discrimination and harassment
The right to form, join, and participate in a Union
The right of grieve, appeal, complain, petition, protest, and gripe

- Pay for time worked
- Clearly communicated job expectations
- A safe and healthy work environment
- A worksite free of illegal discrimination and harassment
- The right to form, join, and participate in a Union
- The right of grieve, appeal, complain, petition, protest, and gripe

## Come to work
Follow the written and unwritten rules
“Ready, willing and, able to work”
To perform at the fully classified job level
To work safely
To meet performance criteria established by management
To give information
Follow supervisory instructions

- Come to work
- Follow the written and unwritten rules
- “Ready, willing and, able to work”
- To perform at the fully classified job level
- To work safely
- To meet performance criteria established by management
- To give information
- Follow supervisory instructions

## Management Residual Rights

- Management has the right to assign work, and direct the work of their organization
- Management has the right to create a rule or policy if a situation is not governed by existing rules
-           Management must follow existing rules
-           Rules must not be “arbitrary, capricious, or
-           an abuse of discretion”

**Notes:**
When it comes to management rights, what it boils down to is that management has the right to make the rules or policies of the workplace.  Of course, the must be within the framework of applicable laws and regulations.

If a rule already exist, management must follow it.  

The main rule about setting rules, is that the rules must not be arbitrary, capricious, or an abuse of discretion.

## Employee Rights

- Due Process
-         Employees must be notified of Agency’s
-         intention with specific reasons
-         Employees must be afforded an opportunity
-         to respond (15 days or 30 days)
-         Decision to be made after consideration of all
-         facts available, inc employee response
- May appeal adverse actions (14 day or more suspension, removal, performance based actions)

**Notes:**
What is the “due process” employees are entitled to?  Basically, before an employee can be suspended or removed, the employee must be notified of the Agency’s intention and given the specific reasons as to why the Agency intends to do whatever action they intend to take.  The employee must be afforded an opportunity to respond.  Typically for suspension of 14 day or less, employees are provided 15 calendar days to respond to the charges.  For longer suspensions and removals, employees  have 30 calendar days to respond.  The last step of “due Process” is that the decision is made only after consideration of all available facts, including the employee response.

Employees also have a right to appeal certain adverse actions taken against them to them, they include suspension of more than 14 days and removals to the Merit System Protection Board (MSPB)

## Exceptions

- Probationary and temporary employees
- Excepted Service employee with less than two years of continuous work in the same or similar position
- Crime Provisions – limits advance written notice from 30 days to 7 days

**Notes:**
There are a few exceptions wherein some employees are not afforded all the rights I’ve just described.  Probationary employees, temporary employees, and some excepted service employees are not entitled to the due process I have described.  While they can grieve management actions, they are not entitled to raise their cases to the Merit System Protection Board in most cases.  They are also not usually afforded a notice period before they are removed.

In addition there is the crime provision.  Under the crime provision, when the Agency has reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment may be imposed, the time period for the employee to respond to any proposed adverse action is limited to 7 calendar days.

## Where Can I Find Guidance?

- To find ARS Policy and Procedures:
- _[www.afm.ars.usda.gov](http://www.afm.ars.usda.gov/)_
- Administrative Issuances
- P&P and Manuals

##  Alan B. Robinson	       301-504-1355
    Branch Chief

Mary Fasanella		       301-504-1347
	Team Leader

Yemi Oyemade	 	      301-504-1502
	ER Specialist

-  Alan B. Robinson	       301-504-1355
-     Branch Chief
- Mary Fasanella		       301-504-1347
- 	Team Leader
- Yemi Oyemade	 	      301-504-1502
- 	ER Specialist

## QUESTIONS?