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NEWSLETTER, GRIEVANCES

Update on pending arbitration for NTTF Non-renewal Sep 8

September 08, 2017 / Phil Lesch

On July 27 we reported that we had filed a demand to arbitrate the termination of an NTTF member after having been mistreated by two managers at the institution who elicit the most complaints from members (they have been on our plate, in one form or another, since 2012). Our intention in filing the demand to arbitrate was not to attempt to get the employee's job back, as the arbitrator's authority in our CBA Article 28 Division C is limited to not allow that as a remedy available to the arbitrator. What the arbitrator could do, however, was rule that the contract was violated; and more importantly, PSU-AAUP would have the opportunity to have our attorney aggressively cross examine the two managers, and thereby demonstrate to University attorneys that these managers were clueless about how to manage and that dramatic intervention and remediation was required.

After a number of discussions with PSU counsel we were able to convey a conceptual concept that would settle the grievance and cancel the arbitration. We proposed the following:

Program Director

  1. receive a written reprimand, or be put on a performance improvement plan, about the behavior that led to the grievance. This would be in a document that would be placed in their personnel file. The misconduct cited would include:

1.      Failure to manage the lowest level manager effectively to ensure consistent treatment of all employees, appropriate management of the grievant, and appropriate feedback to the grievant about her alleged performance issues.

2.      Failure to appropriately manage lowest level manager’s ineffective and unsuccessful communication style with employees (the manager does not respond to emails from any of their employees)

b.      Receive directive communication that affirmatively states:

1.      performance problems must be dealt with through coaching and counseling or progressive discipline pursuant to Article 27 of the CBA, not through non-renewal of a limited term contract.

2.      She must ensure that the lowest level manager appropriately manages all employees fairly and equally; ensure that the lowest level manager is in regular and appropriate communications with her employees and that she respond to emails in a timely manner; that she provide appropriate and regular leadership to all employees equally in ways that support their performance and professional growth

Lowest Level Manager

a.       Written reprimand or performance improvement plan to be placed in their personnel file for:

1.      Violations of the PSU email communication policy- failure to review and respond to email messages in a reasonably frequent and consistent basis

2.      Failure to be in regular communication with employees as a part of the manager- employee relationship

3.      Failure to provide appropriate, equitable, and reasonable leadership support to employees to include:

1.      Failure to treat employees evenly;

2.      Failure to appropriately manage employee performance and morale;

3.      Failure to garner employee respect and lead.

4.      Failure to provide support to all employees equitably in a manner in which they all had equal potential to success in their position.

b.      Direct communication to them that they must:

1.      Read and respond to all employee emails within 48 hours of receipt

2.      Manage and support all employees fairly and equally

3.      Establish and maintain an appropriate manager/employee relationship with all employees that provides adequate leadership and support

4.      Manage employee performance in a fair and equitable manner

Both Program Director and Lowest Level Manager

a.       20 hours (minimum 2 days) of mandatory basic managerial training within the next 60 days to teach them how to build and maintain employee morale; how to communicate effectively with employees; how to build trust and respect in employees and how to lead; how to manage managers so that they are effective leaders and are respected; and how to manage performance for all employees in a consistent, fair manner through the use of coaching and counseling and progressive discipline.

  1. A rollout of new managerial procedures within 60 days of the training that demonstrates their commitment to best practices in management- as provided in the basic managerial training
  2. Both be required to attend monthly meetings with an HR partner for two years where the rollout in (b) is managed, and tracked
  3. Meetings quarterly with Dean and OAA leadership for two years to report on the progress of their remediation as managers

Human Resources

a.       All HR partners receive a communication and training:

1.      that ALL AAUP employee performance issues must be managed through coaching, counseling, and progressive discipline.

2.      That Performance issues of employees on a limited term contract need the attention as performance issues of employees on a continuous contract; all employees should receive feedback about issues as soon as possible as they are known. All employees should be given a chance to learn from mistakes and be given the opportunity to improve.

3.      That Contract Non-renewal is NOT an alternative to the obligation to address and improve performance issues.

4.      That when faced with a manager who wants to non-renew a limited term contract of an AAUP employee partially for performance issues, that they must advise the manager they must address the performance issues and the non-renewal cannot be about the performance issues unless attempts to correct through coaching, counseling and progressive discipline have been unsuccessful. If the manager does not comply, they must escalate and notify the Provost’s office and the Dean’s office and seek intervention.

 

This is a bold proposal, and while we are unlikely to get everything proposed, it does enable us to have a conversation about managers that could help the remaining employees in the department. 

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