Signs of Change: Learning To Be Proactive Rather Than Reactive

I have been fortunate to live in the State of Vermont my entire life. The rolling hills and mountains bring vibrant colors every year in late September through mid-October. The brilliant reds, oranges, yellows are accented against the contrasting evergreens.

As a young child I learned to plant, grow and harvest our own fruits and vegetables. Fall was a time of change at our home. The cooler nights, migration of geese overhead and changing of the leaves were a sign, a sign we needed to prepare for the upcoming winter. Preparations included freezing and canning of the fruits of our labor from the garden, putting away the outdoor furniture, winterizing the old farm house and ensuring an ample stock of firewood for the season. This annual ritual was the well worth the effort during the long winter months.

Unfortunately, my family and others were sometimes surprised by a forecast of an early frost or even snow. This would require us to move quickly to get our crop in before it was ruined. It we were too late, it meant all of the labor invested for several months was gone.

My story of growing up in Vermont reminds me of how to manage conflict. When you become aware of an EEO complaint or workplace dispute it is too late to prevent the conflict; it is a time to react and attempt to resolve. This requires preparations as well to secure a Neutral, schedule time for the parties in conflict to meet and work towards resolution.

What if there were ways to be proactive, meaning identifying the potential conflict in advance and possibly preventing it? This is a question I have asked for many years. The correlation between my story and conflict may not be clear to my readers. I will explain.

Like the changing of the leaves and migration of birds, there signs of potential conflict. Identifying these signs and learning ways to be prepared to deal with conflict in advance may be beneficial to reducing disputes, such as grievances or EEO complaints. I contend that it would be better to PREVENT conflict from occurring. Let’s discuss some signs of conflict and some measures that may circumvent the filing of a complaint and the need for a resolution specialist. Below is what I refer to as the “Big Three”, common issues that may lead to conflicts. The acronym I use is PREEMPT.

PREEMPT - Proactive Response, Early Engagement, Management Preparation Tactics

Non-selection of a position

The announcement of a vacant position brings interest from internal and external applicants. It may be a promotional opportunity, a change of duties to a desired position or a chance to get a “foot in the door”. With a competitive employment market organizations are receiving many more applicants, many of whom have qualifications well above the required level.

Example:

A vacancy announcement is posted for a career ladder position. The position may be filled at three General Schedule levels. There is only one opening. The employer receives 20 well-qualified applicants. Five of the applicants are internal. All are interviewed and the selection is made to hire an outside applicant. With only one vacancy available to fill, nineteen applicants will be disappointed.

One internal applicant has applied for several jobs over the past two years without any success. Non-selection is not a grievable action with the collective bargaining agreement. He files an EEO complaint based on race for the most recent non-selection.

PREEMPT:

At the end of each interview, share the following. “We are sharing with every applicant that there is only one position to fill. We will notify each applicant as to the outcome. Should you not be selected, we encourage you to contact us to discuss our decision. If requested, we will share your strengths and opportunities for improvement. We may have some suggestions for you to consider improving your selection chances for future vacancies. Most importantly, I want to thank you for applying for this position.”

Notify every non-selected applicant prior to announcing the selectee. Again, thank them for applying and offer to meet with her/him if requested.

2, Annual Performance Appraisal

Employees may file complaints over the rating issued during the annual performance review process. Employees may feel they completed work above and beyond what is contained in the elements of their performance plan. Others may believe that meeting the minimum standards should be recognized.

EXAMPLE:

An employee with 30 years of service has been rated as excellent for the past fifteen years. The employee has not submitted a self-assessment in prior reviews. A new manager was hired for the work group at the beginning of the performance period. When the manager meets with the employee, a fully successful rating is issued. Complaints over annual reviews have very limited rights to file a grievance with the collective bargaining agreement. The employee files an EEO complaint based on age and gender.

PREEMPT:

The new manager should meet with every employee under her supervision to discuss the performance plan and requirements for each element. Encourage the employee to complete a self-assessment and offer some guidance on how to write one. Explain to the employee that every employee will be evaluated fairly and equitably; however, that does not mean the prior rating will be issued. Their rating will be based on the performance during the year.

3. Disciplinary Actions

Unfortunately, there are times when management needs to take action against an employee. Disciplinary actions are used for correction and are not punitive. Employees will likely interpret the action differently. Depending on the level of the action, this will become part of her/his permanent personnel folder.

Additionally, when an employee is interviewed about something that occurred in the workplace she/he may file an EEO complaint in an attempt to postpone any potential action or to avoid discipline entirely.

EXAMPLE:

An altercation occurred between two employees. The event was witnessed by other employees. An investigation was completed with statements from those involved as well as the witnesses. One of the employees is accused of using profanity and very aggressive behaviors. The accused is also a Service-Connected Veteran. The allegations are supported by the other employee and the witnesses. The accused provides a different perception of the incident, and accuses the other employee of initiating the confrontation. The accused has received a written letter of counseling and an admonishment twenty months prior to this incident. The Agency proposes a three-day suspension. She files an EEO complaint based on disability.

PREEMPT:

Preemptive response is difficult. The investigation needs to be completed to determine if an action is warranted. If the complaint is filed after the investigation is closed and a decision is made, management will likely have to attempt to resolve during the EEO complaint process. If the investigation has not been completed at the time the Agency is notified, the Agency may decline to enter in to dispute resolution. Obtaining a settlement agreement prior to completing the investigation could impact how the Agency addresses the conduct issue.

One suggestion is related to the meeting scheduled to issue the proposed disciplinary action. Remind the employee that discipline is not punitive, although it may appear that way to her. Also share that the decision to take action is based on the statements from those involved and witnesses to the incident. Explain progressive discipline and that the decision was based on previous similar incidents. Also describe how the Agency has a list of inappropriate conduct and a range of penalties for each. You may also provide a copy of the Douglas Factors worksheet so show how the severity of the conduct is determined.

Will these preemptive actions eliminate all EEO complaints and union grievances? None of the PREEMPTs shared can prevent the filing of a complaint. I suggest that these examples and actions may reduce the number of complaints by providing employees with information and educating them on the processes used by management to make decisions.

It is nearly time for me to take the mower deck off and get Clifford my big red tractor ready for the winter. I’m seeing signs that I need to do to maintenance and change the implements before I am out there in a snow storm trying to put the chains on.

Look for the signs in the workplace and use your own PREEMPT to address potential issues early. Start small by addressing my Big Three and I wish you much success in reducing the level of conflict in the workplace.

I hope you like Clifford as much as I do.