New NLRB Election Procedures

Put on Hold by District Court Ruling

by Jim Guttmann, SPHR

Last month we informed you that the National Labor Relations Board (NLRB) had implemented an expedited election rule effective April 30, 2012. You can access our previous blog on anticipated changes to the NLRB election procedures here.

On May 14, 2012, the U.S. District Court for the District of Columbia ruled that the NLRB’s decision to amend its election procedures is invalid because the Board did not have a statutorily required quorum in adopting the rule changes. The U.S. Chamber of Commerce and the Coalition for a Democratic Workforce worked toward securing this summary judgment. It is important to note that the Court’s ruling only addressed what they found to be flawed NLRB methods in implementing the new rule and not the actual merits of the expedited election rule itself.

During the short time that the new election procedures were in place (April 30^th to May 14^th), approximately 150 election petitions were filed with the NLRB. Many of those petitions resulted in election agreements, while several have gone to hearing. All parties involved in the 150 cases will be contacted and given the opportunity to continue processing the case from its current posture rather than re-initiating the case under the prior procedure.

Going forward, in response to this District Court ruling, the NLRB has various options to consider. And one of those options would be to merely re-vote with its Democratic majority and implement the rule changes as proposed. Here is the press release issued by the NLRB.

At the moment, the only thing that remains clear is that the status of the Board’s expedited election rule will remain in question over the days and weeks to come.

In the meantime, employers should continue to assess their employee relations programs – particularly their open door procedures and compensation/benefits package. Being strong in these areas may render third party representation unnecessary in the eyes of employees .

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Jim Guttmann, SPHR

As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).

Social Media in the Workplace

With the rapid rise in social media, it is imperative that companies understand the evolving rules and regulations regarding the use of social media.  Companies should consider implementing a social media policy and must be aware of the consequences of taking actions against employees who use social media to discuss their work.

Amie Remington, General Counsel, Landrum Human Resource Companies, and Ted Kirchharr, VP & COO, Landrum Employer Services discuss what employers should be concerned about regarding social media in the workplace.  The following is the first of two Social Media in the Workplace videos.  Our second video addressing social media policies will be posted soon – stay tuned.

Have you read a good book lately?  Today we  begin featuring a monthly “book review” post on our blog.  In today’s world, we are fortunate to have a variety of  platforms available that allows us to engage in a good book: digital readers, audio books, smart phone apps, and lets not forget the actual paper or hard back book.  We will share reviews written by our Landrum  leaders and managers about books that made an impact on them professionally or personally, and that is of interest to the business community.   We hope our reviews help you with your next Kindle, iBook, or library book selection.

Landrum’s Vice-President of Client Relations, Bill Cleary, kicks off our book review series by sharing his thoughts and assessment of: “Getting NAKED”:  a business fable about shedding the three fears that sabotage client loyalty.

Book Title: Getting NAKED, a business fable about shedding the three fears that sabotage client loyalty   Author (s):  Patrick Lencioni   Copyright date: 2010

Brief summary of the book:  Like Patrick Lencioni’s other best-selling business books I have enjoyed, (Death by Meeting and Overcoming The Five Dysfunctions of a Team) this book is written as a “business fable.”  In the business fable format,  Mr. Lencioni has found a way to tell a story and teach a lesson at the same time.  If you are like me and really don’t enjoy reading the average business book, you know the ones with titles like “12 Ways to Improve in Business” and “What You are doing Wrong Today” then fear not!  Mr. Lencioni’s books introduce you to a character, someone who just happens to be in business and may be facing a situation similar to one you have faced (or imagine you will sooner or later).  The books walk you through a period of time in the character’s life and you get to see how they deal with a situation or approach a challenge in a methodical manner.

Along the main character’s journey, there are other interesting folks who have an influence on the situation.  Another useful technique this author uses is to illustrate the books with examples of handwritten notes, sometimes as though they would appear on a flip-chart, other time just like you might write down in a note pad.  Pay attention to those illustrations, because they are the “cliff notes” that you can take away and apply in your own business life!

This book exposes the Three Fears we all have that get in the way of building a trusting relationship with a client.  The three fears are: 1 – Fear of Losing the Business, 2 – Fear of Being embarrassed, 3 – Fear of Feeling Inferior.

Share a quote or two from the book:   “At its core, naked service boils down to the ability of a service provider to be vulnerable – to embrace uncommon levels of humility, selflessness, and transparency for the good of the client.” 

To illustrate the business fable, here is a quote from the main character early in the book. “Just like that, my world had been turned upside down, and for the rest of the day I couldn’t decide how to digest it all.”

Have you used something you learned from this book at work?  A strong undercurrent of this book’s message is about having the courage to face difficult situations.  Mr. Lencioni reminds us that clients want more than anything else to know we are more interested in helping them than anything else.  I use that main point and several other pieces of wisdom in the book to help me take care of our clients every day!

Have you read Lencioni’s, “Getting NAKED”, or another good book lately?  Let us know.  We would love to hear your comments and review.

EEOC Issues Enforcement Guidance On the Use of Arrest and Conviction Records

by Jim Guttmann, SPHR

Although not binding on employers, the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance yesterday to employers on the use of arrest and conviction records as it relates to job applicants and employees.
The guidance states that while employers may consider a job applicant’s criminal record, hiring practices that uniformly rule out candidates with criminal convictions will likely violate federal law.

Therefore, the agency recommends that employers consider conducting a careful evaluation of each candidate on such factors as the severity of the offense (i.e. felony, misdemeanor etc.); how much time has passed since the offense or sentencing was completed; and the correlations of the job and how it may relate to the past offense. Also, an individual assessment process may be necessary which would include speaking to the job applicant for more information about the circumstances surrounding the past conviction as the basis for making the hiring decision.

The U.S. Chamber of Commerce and other employers will be assessing the impact of what this guidance may mean from a compliance standpoint. The press release by EEOC regarding this new directive can be found here.
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Jim Guttmann, SPHR

As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).

NLRB Posting Rule Blocked by Federal Court - But NLRB Election Procedures Are Effective April 30th

Last November, we informed you that the National Labor Relations Board (NLRB) issued a final rule that would require most private-sector employers to notify workers of their rights guaranteed under the National Labor Relations Act (NLRA) by having to post a special notice to employees.   Click here for our previous blog on this subject.

In December, we informed you of delays in the effective date of this posting requirement with the new scheduled deadline being April 30, 2012.  According to the NLRB’s press release at the time, the further postponement gives the Board the opportunity to “facilitate the resolution of legal challenges.”

As an update on the legal challenges, the U.S. District Court for the District of South Carolina ruled on April 13, 2012 that the NLRB lacked the authority to issue a notice-posting rule.  Subsequently, on April 17, 2012, the U.S. Circuit Court for the District of Columbia granted an emergency injunction pending an appeal of a prior D.C. district court ruling that the NLRB had the authority to issue the rule. Based on this ruling, the regulation’s effective date of April 30, 2012, has been indefinitely postponed, and employers will not be required to abide by the notice posting regulation by that date.

The legal battle surrounding the validity of the rule is likely far from over.  Jonathan Segal, an attorney with Duane Morris in Philadelphia, noted that a District of Columbia district court has decided that the board did not exceed its statutory authority in requiring the posting of a union rights notice, so the district courts in D.C. and South Carolina are in conflict. Mr. Segal said the posting issue eventually might go to the Supreme Court.

Oral argument before the D.C. Circuit is slated for September, 2012. A new deadline for the notice-posting requirement is unlikely until at least fall 2012, if at all.

However, while employers no longer have to post the NLRA employees’ rights poster by the end of this month, the amendments to the NLRB election procedures will go into effect April 30th. Efforts in the United States Senate by some senators to overturn the NLRB election procedures were not successful. Click here for our previous blog on this issue and here for a summary of the new NLRB election procedures.
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Jim Guttmann, SPHR

Bubba from Bagdad

post by Ted A. Kirchharr

As some of you know, our corporate headquarters is in Pensacola, Florida. Northwest Florida is proud this week that one of our own, Bubba Watson from nearby Bagdad, Florida won the Masters Sunday in a rather dramatic fashion. Congratulations Bubba!

Scott Eblin, on his blog, has an interesting take on Bubba’s golf philosophy “If I’ve got a swing, I’ve got a shot.” A lesson for all of us on effort and outcome.
Check out Scott’s blog here.

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Ted A. Kirchharr

Update on Dispute Regarding
National Labor Relations Board Election Process

As reported in our December 30, 2011 blog, the National Labor Relations Board (NLRB) issued final rules that would significantly shorten the campaign period prior to an election for union representation. You can access our previous blog post here.

At the present time, Congressional Republicans are working to repeal these new rules before it takes effect on April 30, 2012. Senators Mike Enzi (R-WY) and Phil Gingrey (R-GA) have introduced a joint resolution that, if passed, would nullify the NLRB’s quick election rule.

Senate supporters of the Enzi/Gingrey joint resolution are likely to force a vote on the resolution in late March or April. The joint resolution needs only a simple majority (51 votes) to pass the Senate, not the 60 votes it usually takes to defeat a Senate filibuster. If the resolution passes both the House and Senate and is not vetoed by President Obama, the quick election rule would be repealed.

We will continue to update you as we approach the planned effective date of April 30th.

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Jim Guttmann, SPHR

As a Landrum Professional Human Resources Manager, Jim is certified as a Senior Professional in Human Resources (SPHR) and has over 20 years of HR generalist experience for a large government contractor and Fortune 500 Company. He holds a Masters in Business Administration from Florida State University and is an active member of the Greater Pensacola Chapter of the Society for Human Resources Management (GPCSHRM), previously serving as their Vice President of Information Services and Chairman of the Workplace Diversity Committee. Jim is also certified as a County Mediator and in the administration of the Myers Briggs Type Indicator (MBTI).

Culture Eats Strategy for Breakfast???

by Melissa K. Miller, PHR

Is your culture eating your strategy OR is your strategy eating your culture?  A strong strategy can propel your organization forward, but without a supportive culture the demanding momentum can cause an epidemic of employee burnout. And vice versa, a hospitable culture that isn’t driven by a dynamic strategy can stagnate causing high performers to seek more challenging positions elsewhere.  Either way the organization and its employees suffer.  Breakthrough results come from a sound strategy that is properly aligned with a well-managed culture.  The trick is in balancing the two.

A landmark study by John Kotter and James Heskett found that organizations that intentionally managed their cultures outperformed similar organizations that did not. Their findings revealed that organizations with performance-enhancing cultures realized net income increases of 756% vs. 1% at similar organizations.¹

Fast Company’s blog post Culture vs. Strategy is a False Choice by Bob Frisch offers a compelling argument using some companies that are well-known for their culture, i.e., Southwest Airlines and Zappos.  He attributes the financial success of these iconic companies not solely to culture, but rather culture coupled with a workable economic model and strategic preparedness. 

In order to find out if your culture and strategy are aligned and balanced ask the people most impacted by both, your employees.  Listening to employees is the best way for an organization to determine if their culture is battling or supporting their strategic growth.  Anecdotal information overheard around the water cooler may raise your antennae, but it doesn’t provide actionable data.  We recommend gaining insight into your organization’s cultural fitness by conducting employee focus groups.  My previous post Culture Eats Strategy for Breakfast provides a few ground rules for getting employees to open up.  

Find out where your organization stands on the culture continuum. Pay attention to employee feedback and grow a culture that feeds, not eats, your strategy.

Want to read more? Follow John Kotter’s contributions regarding this subject on Forbes.com. Or check out Kotter and Heskett’s book Corporate Culture and Performance.

¹J. Kotter and James L. Heskett, Corporate Culture and Performance, The Free Press, Simon & Shuster, 2005.

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Melissa K. Miller, PHR

“Helping people thrive and enjoy life” is Melissa’s personal mission.  With a people-centered outlook Melissa obtained certification as a Professional in Human Resource Management (PHR) in 2006.  Her work as Strategic Management Specialist for Landrum Human Resource Companies allows her the opportunity to help others as she facilitates organizational development.  Leading strategic planning sessions and employee focus groups are direct service opportunities she enjoys.

Think of Your Next Task Like It’s a Puzzle

As we continue to define our goals for 2012 and learn new ways to approach our tasks, I thought it would be helpful to share an article I came across a few days ago. The article illustrates an interesting way to look at how we can complete a task and how to lead employees as they start on a new project. I enjoyed the article and its clever analogy, so I thought I would share it with you. The article is written by Kirsten E. Ross, MLIR, SPHR. She is President of Focus Forward Coaching & Recruiting.

Here is her article.  I hope you will enjoy it as I did.

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Does Your Team Even Like Puzzles?

Recently I was working with a client and we got talking about puzzles, believe it or not!  We were discussing how he likes to work.  He said he likes to have a clear endpoint for a project but the opportunity to be creative in how he gets there.  He likes his work to be like a puzzle.  It was such a great analogy!  I asked if I could use it in an article.

 When you work on a puzzle you know what the goal is.  You have a clear vision of what the end product should be: 

•   It must resemble the picture on the box. �
•   There should be no blank spaces. �
•   Each puzzle piece must have a home.  

So, there is only one specific outcome but there are a million different ways to get there.

Some people use the box cover as a road map working on one section at a time.  Others separate out the border pieces first to start with the frame and work their way in.  Still others focus on only the shapes and have a real knack for visualizing which piece fits where based on their spatial relation skills alone.  

I think that it would be tough to argue that any one way is better, more efficient or enjoyable than any other, though true puzzle enthusiasts might like to wage a debate.

It really made me think about the different ways I could create the analogy to describe how my new clients lead.    

Have you ever done a puzzle with someone standing over your shoulder giving you unsolicited pointers?  It can get very annoying as they constantly point out which pieces go where.  You end up losing your concentration, dropping the piece you were focusing on to work on the one they prefer.

It reduces enjoyment, takes away the personal sense of accomplishment and probably makes the puzzle-making process less efficient.

How about trying to put together a complicated puzzle without the aid of the picture on the box cover?

When you can’t visualize the end point it is much more difficult to get there.

What about working on 4 or 5 puzzles at once all from one pile of pieces?
 

There are so many outcomes and different resources that need to be deciphered and allocated all at once that it becomes confusing and overwhelming.

Have you ever gotten to the end of the hard work of completing the puzzle only to find that you have one or two missing resources and you are unable to complete the job?  

If you are missing resources you can’t complete the task.

Do you like putting together puzzles?   I am not wired well for sitting still and gleaning the assortment of pieces with patience.  If you were in the puzzle-making business you would not want me in your employ.

Do you have team members who are not wired for the work they must do for you?

Which of the above best illustrates your business?

•   Are you standing over their shoulders?
•   Not providing a clear vision of the end goal?
•   Is your team working on too many goals at once?
•   Do you have team members who don’t like the work?

To lead your team well you must create the vision that is as clear as the beautiful picture on the box, assure that all of the pieces are there and that there is a clean surface to work on, assure you have the right people and then let your team go to it!

Re-blogged with permission from Kirsten E. Ross.

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Kirsten Ross is a Human Resource Professional and President of Focus Forward Coaching and Recruiting, a leading coaching, recruiting and culture correction firm.  Her education and experience includes a Masters Degree in Human Resource Management from Michigan State University, Senior Human Resource Certification, Coach Training Alliance curriculum and more than 20 years of hands-on Human Resource experience working with leaders and teams.”

 *She has been featured as an expert for media such as NBC Nightly News, Fox 2 News, National Public Radio and for publications such as Working Mother Magazine and Fitness Magazine.   She is also the author of the recently released book “From People Problems to Productivity:  The Health Professionals’ Guide to Leading Well”

If you are interested in submitting a guest blog article to the LandrumHRBlog,  please complete this form and submit to the Landrum  Marketing & Communications Department.  Thank You. 

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Webinar Addresses Important Issues Facing Employers in 2012

As our way to help employers plan for the new year, Landrum held a free webinar in early December about the changes and challenges facing business owners in 2012.  The webinar addressed important issues facing employers such as:  Workers Compensation, Unemployment Compensation, Health Care Reform, and other important HR issues. 

The presentation led by Ted Kirchharr, vice-president & chief operating officer for Landrum Human Resources; and panel members Amie Remington, general counsel, Landrum Human Resources; and Todd Torgersen, president, Combined Insurances Services is available for on-demand viewing on our website.    For your viewing convenience, the video is also included in this blog.

We look forward to your feedback about this webinar and other videos available on our website. If you have questions or other HR topics you would like discussed in future webinars please let us know.