Transcript 2014 MISHRM Conference Speaker Template

MISHRM 2014 Annual Conference
HR Amplified: Driven to be…
POSITIVE LABOR & EMPLOYMENT
RELATIONS
Daniel Bretz
Clark Hill PLC
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Positive Workplace Relations
• According to a Gallup study
– as the US’s position in the global market shrinks,
there will be fewer good jobs over the next 30 years
– global competition for good jobs will escalate
– a lack of good jobs in the US will lead to fewer tax
dollars, economic strife and governmental
bankruptcies
– a lack of jobs is a more serious threat than rising
healthcare costs, terrorism or environmental
degradation
"The Coming Jobs War
by Jim Clifton
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Maintaining Good Jobs
• As the competitive jobs threat from China,
Japan, India and Russia escalates,
America’s workplaces must adapt
• Americans must become more
entrepreneurial
• Americans must focus more be on sales,
rainmaking and developing customers
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Small Businesses
• Small businesses are job creators
• The key to job growth is in small
businesses
• Out of 6 million businesses in the US in
2007, 99% had fewer than 500 employees
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Becoming Customer Focused
• According to Gallup, there are
approximately 100 million employees in
the US. Of this:
– 28% are “actively engaged”
– 53% are “not engaged
– 19% are actively disengaged
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
The problem ….. and the solution
The 53% of not engaged workers are not hostile or disruptive, and they are not troublemakers. They are
just there, killing time with little or no concern about customers, productivity, profitability, waste,
safety, mission and purpose of the teams, or developing customers. They’re thinking about lunch
or their next break. They are essentially “checked out”. Most importantly, these people are not just
part of your support staff or sales team. They are also sitting on your executive committee.
And then there are the 19% of actively disengaged employees who are there to dismantle and destroy
your company. They exhaust managers, they have more on-the-job accidents and cause more quality
defects, they contribute to “shrinkage”—as theft is politely called, they are sicker, they miss more days,
and they quit at a higher rate than engaged employees do. Whatever the engaged do, the actively
disengaged seek to undo, and that includes problem solving, innovation, and creating new customers.
When you are in a meeting with nine other people, odds are that two of them are taking notes to make
damn sure whatever you’re planning doesn’t see the light of day….
If companies double their number of engaged employees, they’ll double the number of ideas and
commercial energy….
“The Coming Jobs War”
Jim Clifton, pp 102-03.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Engagement starts with a Respectful
Workplace
Engaged employees trust and respect one
another and the work
Why respect matters:
• Make this a “Best Place to Work”
• Improve efficient, safe, error-free
performance
• Reduce stress, frustration and dissatisfaction
• Avoid exposure to the legal process
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
How do you want to be viewed by
others?
Trust and Respect lead to:
• Status
• Reputation
• Influence
• Ability to get things done
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Disengagement –Looking Outside
Employees most commonly seek outside help –
an attorney, the EEOC/NLRB, a labor union –
when:
• the workplace has become irrational
• they perceive favoritism
• they feel disrespected
It’s not always about the money or the benefits,
it’s about feeling connected and engaged
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Disengagement – Quality and Errors
Findings of Two Studies
• Disruptive behavior has a negative impact
on the quality of operations and work
assignments
• Disruptive behavior contributes to
employee resignations and labor
shortages
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
JCAHO Study
• 24% of unanticipated events resulting in
injury or death could be attributed to either
– Increased staff turnover
– Communication gaps
– Lack of teamwork
– Other ”human factors” i.e. relationships
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Other Studies With Similar Findings
• >95% have witnessed disruptive behavior by
•
•
•
•
•
MDs
30% - knew nurses who left hospital as a result of
disruptive behavior
>70 % said it occurs at least once a month
10% said it occurs daily
14% aware of actual adverse consequences
“serious problem within and across disciplines”
Voluntary Hospital Association 2002, 2005 studies (Rosenstein, M.D.)
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Consequences of Behaviors
• Decreased morale
• Processing delays
• Increased stress
• Patient dissatisfaction
• Diminished productivity
• Compromised Culture
of Safety
• Lack of information
sharing
• Poor Outcomes
• Reduced innovation
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Behaviors Reported in Studies
• Disrespect
• Berating Colleagues
• Abusive Language
• Condescending Behaviors
• Throwing things
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Disrespectful Comments Cited in
Study
• “Any idiot could do that kind of work.…”
• “I’m sick of the incompetence….”
• “Can’t you read…?”
• “How stupid are you anyway …”
• “I can’t believe those people….”
• “You could have killed that patient….”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Quotes on Inappropriate Behavior
• “The doctors can be disrespectful to the nurses who can be
disrespectful to techs who are disrespectful to housekeepers,
etc.)”
• “There are no consequences for these behaviors so you
become demoralized and they just continue.”
• “Surgeons are very belittling—they call you names . . .”
• “There is a director who screams at his supervisors all the
time and no one does anything because they are afraid of
him.”
• “I would like to see people written up—people don’t take
things seriously. Supervisors hate confronting people.”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Causes of Disruptive Behavior
Historical factors
•
•
•
•
•
Generational differences
Military model
Residency training
Tolerance and indifference
Apathy toward training
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Roots of the Problem
Environmental factors
• High stakes
• Time pressure
• Productivity demands
• Cost containment
• Knowledge gaps in support staff
• Changes/rotations in support staff
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Roots of the Problem
Individual Factors
• lack of self-awareness
• lack of interpersonal, coping or conflict-management
skills
• cultural differences
• intolerance
• bias
• 47% reported belief that gender influenced
behavior
• fatigue
• personal problems
• substance abuse
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Why Does The Problem Persist?
Barriers to Reporting:
• Fear of retaliation
• “Nothing ever changes”
• Lack of confidentiality
• Lack of awareness or willingness to change
• Lack of administrative support
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Can I Avoid All Conflict?
• No. Conflict can not always be avoided.
• Conflict is normal and can be a healthy part of
team interactions
• Conflict handled appropriately allows team
members to:
– Share ideas
– Voice concerns
– Improve team relationships
• Managing conflict in a respectful manner is key.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Worst Case Scenario
Stone-faced helpers who no longer talk to
one another
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
All Agree
“It was only a few who gave the rest of the
group a bad reputation”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Basis for Legal Action
• Physical Abuse
• Assault, Battery
• Infliction of Emotional Distress
• Discrimination
• Gender, ethnicity, age, disability, sexual orientation
• Reverse discrimination
• Harassment
• Sexual
• Hostile Environment
• Other than sexual --based on gender, ethnicity,
age, etc.
• Retaliation
• Whistleblower Protection
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Legal Definition of Harassment
• Physical or verbal conduct which is
– unwelcome
– because of sex/age/race/nationality/religion/….or
sexual in nature
– offensive
– severe and pervasive
• both objectively and subjectively offensive
– the employer knew or should have known of
harassment and failed to take action
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Comments Become Evidence
Word choices can be critical
•
•
•
•
•
Sarcasm, Cynicism
Profanity
Tone, volume, body language
Jokes, Double Entendres
Clichés
• “You people…”
• “Get me that girl”
• “She is a useless woman…”
• “We need some new blood in here…”
• “He’s too old to cut the mustard….”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
You Can be Liable
• Under state tort, discrimination and
harassment law, an individual can be held
personally liable for judgment.
• Potential Defendants
– Company
– Individual
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Criminal Liability
• An alleged harasser can also be charged
with criminal sexual conduct
• The prosecutor can pursue criminal
charges for assault and battery
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Lessons Learned
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Workplace Policies
• Mission and Values
• Positive Employee Relations
• Respectful Work Environment
• Standards of Conduct
• Professional Behavior
• Harassment/Offensive Behavior Policy
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Respectful Work Environment Policy
POLICY
• Each associate shall be treated and is
expected to treat others (i.e., associates,
customers, visitors) with respect, courtesy
and dignity. Associates will promote
professionalism and cooperation. Conduct,
whether intentional or unintentional, that is
disrespectful to others will not be tolerated.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Respectful Work Environment
continued…
Respectful behavior includes:
• Speaking kindly and patiently to coworkers,
subordinates, superiors, patients, families,
nurses, hospital personnel, physicians, and
others, while avoiding rude, embarrassing,
belittling, berating, threatening, intimidating,
insulting, loud and/or profane or abusive
language in either private or public places
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Respectful Work Environment Policy
continued…
• Responding to requests for information,
input and/or help in a timely and
supportive manner even if the response is
limited to an explanation of why the
individual cannot immediately fulfill the
request
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Respectful Work Environment Policy
continued…
• Handling conflicts, disagreements and/or
differences of opinion in an objective and
professional manner, and if necessary,
resolving the conflict through the
appropriate administrative channels
• Abstaining from physical contact or
conduct that is, or could be perceived as,
threatening or intimidating or otherwise
unwanted
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Standards of Conduct
As a leader, you have a responsibility to:
• Serve as a role model by carrying-out your
responsibilities with the highest degree of
personal integrity
• Clearly communicate to others your
expectations for the highest standards of
ethical behavior
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Harassment Policy
Conduct, whether welcome or unwelcome,
intentional or unintentional, that is offensive or that
constitutes harassment by or against associates
based on sex, race, religion, national origin, sexual
orientation, age, disability, martial status or any
other characteristic protected by applicable law is
considered misconduct and will not be tolerated.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Bullying Policy
Workplace bullying is a form of harassment which
makes the recipient feel upset, threatened, or
vulnerable, undermines their self-confidence and
interferes with their ability to perform work.
Bullying tactics are defined as actions or behaviors
of a persistent nature that are offensive, abusive,
intimidating, insulting, humiliating, demonstrate
misuse/abuse of power or which causes the target to
be excluded or isolated within their work team.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Takeaways
• No intent required for disrespect, harassment,
mistreatment
-- “unwelcomeness” irrelevant
• Includes conduct by or directed at employees, staff,
vendors, visitors, patients
• Includes conduct on and off-premises if within scope of
employment
• Includes “bullying”
• Obligation to report
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Responding
•
•
•
•
•
Variety of ways to report
Obligation to investigate
Required to cooperate with investigation
No retaliation
Violation of policy, failure to co-operate, or
lying prohibited
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Great Place to Work
• Credibility
– Communication
– Integrity
• Respect
– Support
– Collaboration
– Caring
Behaviors
which all lead
to TRUST
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Great Place to Work
• Fairness
– Impartiality
– Equity
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Great Place to Work
TRUST in leaders
and co-workers
• Pride
– Personal job
– Team
– Hospital
• Camaraderie
– Intimacy
– Community
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Model the Behavior
Gain Respect for your good work and
your behavior
“The greatest success comes when a
champion embraces the issue and spreads
the word to other colleagues.”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Foundations for Respect
1. Listen to understand
2. Be self-aware
3. Be encouraging
4. Connect with others
5. Express gratitude
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Foundations for Respect
6. Share information – teach
7. Walk in their shoes
8. Speak up
9. Grow and develop
10. Be a team player
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Top Ten Rules for Managing with
Respect
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
1. We speak with one voice
• Each member of the team has to
understand the policies and pressures, the
needs of management and their role on
the team.
• Weakness and lack of resolve will be
discovered and exploited.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
2. One philosophy
• Management can do whatever it wants
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Management only has to do things…..
…… the “right way”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
The trick is figuring out the “right
way”
• With a problem employee, or a union, it
may take more steps, some creativity
– but, you can get there from here
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
The trick is figuring out the “right
way”
• Understand the dance
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
3. Employee Relations is ….
• Getting the best of it:
Reality based bargaining
vs
Interest based bargaining
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
• Separate People from the Problem
– Take emotions out of the equation
– Be soft on the people, hard on the problem
– Allow the other side to blow off steam
– Let them know they have been heard
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
• Focus on Interests where possible, not
Positions
– Avoid having a bottom line
– Describe your position as a win/win—
mutual gain
– Allow and control brainstorming—create
options
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
• Insist in using objective criteria
– Comparables - internal and external
– Market value and data
– Law and precedent
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
4. Know the interests of the other
side
“It’s all about me”
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
5. Understand the pressures on the
other side
• What constituency does each person at
the table represent?
• What does he/she need to accomplish?
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
6. Don’t out-jump your opponent
• Avoid successive, unreciprocated offers
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
7. Win by letting the other side win
• Build a give back into you position and
proposals
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
8. Get comfortable with “No”
• Probably the hardest thing…..
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
9. Get comfortable with silence
“He who speaks first, loses.”
• Listen till it hurts
• Get movement by saying nothing
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
The “silence” corollary
• Listening for the silence
• Hearing when you’ve scored
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
10. Who’s your “lightning rod”?
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Above all else,
• Be cool
• Stay cool
– Unless, of course, you’ve planned it
otherwise……
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
11. The single most powerful force in
employee relations is …….
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
…your word.
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Power, Trust, Respect
• You must have credibility
• Not forced, concocted, or fleeting
• At the table and in the halls
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Questions?
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org
Presenter’s Name
• Personal Contact Page
w/logo/photo
Company
Position
Phone 1
Phone 2
WWW
E-mail
Facebook
LinkedIn
Twitter
MISHRM
P.O. Box 99463
Troy, Michigan 48099
(844) 4-MISHRM
http://mishrm.org