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    Conflict Management E-Newsletter

             August 2002 #31

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Contents:

1. Articles

2. SHRM ADR Program Poll

3. Harassment Claims Can Be Based On More Than Sex

4. Training Announcement

5. EEOC Will Guard Undocumented Workers From Discrimination

6. FMCS To Establish Employment Mediation Panel

7. Quotes

8. New Book: The Power Of A Good Fight

9. Featured Web Site: Winning Workplaces

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1. Articles

Options In Conflict Management System Design

By Cinnie Noble

Some organizations name conflict management as a competency,

assessing managers' proficiency in developing working

relationships that prevent and resolve disputes in the

workplace. How to help managers (and other staff) become

proficient may be accomplished in a number of ways,

including through conflict management systems that

provide multiple options and access points for users.

When Conflict in the Workplace Escalates to Emotional Abuse

By Noa Davenport

Millions of men and women of all ages, ethnic, and racial

backgrounds all across the U.S. hate going to work, gradually

fall into despair and often become gravely ill. Some flee

from jobs they used to love, others endure the situation

unable to figure a way out.

The Internal Neutral: Why Doesn't Your Hospital Have One?

By Carole Houk

The National Naval Medical Center (NNMC) in Bethesda, Maryland

is the first acute health care institution in the nation

to offer a full-time internal neutral for the resolution

of health care issues. The data obtained thus far indicates

that the presence of a well-trained and properly positioned

internal neutral can be a highly cost-effective and efficient

resource for resolving patient-provider conflicts.

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2. SHRM ADR Program Poll

Does your organization have an Alternative Dispute Resolution (ADR)

program in place?

6733 total votes

Yes. 20% 1368 votes

No. 73% 4910 votes

No, but we're considering it. 7% 455 votes

John Ford and Sterling Newberry (an associate) will be exhibiting at

the upcoming Northern California Human Resource Association

Conference and Trade Show.

Visit us at Booth #413 on November 30 or October 1, 2002 at the

Oakland Marriot City Center.

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3. Harassment Claims Can Be Based On More Than Sex

Two recent federal court decisions remind employers that sexual

harassment is not the only kind of unlawful harassing activity.

Deborah Alexander received consistently satisfactory performance

evaluations as a collector. She was subjected to a manager's

comments about her age, as well as sexual innuendos. After she

was terminated, she claimed she was harassed based on age and sex.

The company argued that a hostile work environment claim cannot be

brought under the Age Discrimination in Employment Act (ADEA).

The district court disagreed and ruled that an employer could be

held liable for age-based harassment under the ADEA.

National origin harassment may be the basis for liability under

Title VII of the Civil Rights Act of 1964, the principal federal

anti-discrimination legislation. Tony Cerros was one of few Hispanic

employees working for Steel Technologies, Inc. Co-workers and

supervisors made derogatory comments alluding to his national origin.

His tires were slashed while he was at work, and he claimed he was

refused training to improve his work performance. He sought

assistance from company management to no avail. Cerros sued the

company for both discrimination and harassment.

The court could not find an adverse employment action to support

employment discrimination. However, on the harassment claim, the

court found sufficient evidence that Cerros had been subjected to

a hostile work environment based on his national origin in violation

of Title VII.

References:

Alexander v. CIT Technology Financing Services, Inc. (N.D. Ill., Jan.

17, 2002) No. 01C7217

Cerros v. Steel Technologies, Inc. (7th Cir., May 7, 2002) No. 01-

1293

Source: California Chamber of Commerce

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4. Training Announcement

Resolving Organizational And Workplace Conflict

With John Ford and Eileen Barker

Workplace and organizational conflict are inevitable. 

Employees have clashes with one another. Different departments

experience competing interests.  Management has tensions with staff,

and on and on.  Such conflicts provide an opportunity for

constructive change, as well as the potential for disruptive and

costly disputes.

Managing conflict is essential for every organization, and effective

organizations must have well planned strategies to analyze, prevent

and resolve conflicts. This course will increase the student's

ability to assess the dynamics of conflict in organizations, design

appropriate interventions, and ultimately, make conflict a force for

positive change.

Topics covered include:

* How to analyze the costs and benefits of organizational conflict.

* How principles of interest and right-based conflict resolution

apply in the workplace

* Resolving employee and inter-departmental disputes

* Reducing conflict between management and staff

* Steps to designing an effective conflict management system

* Preventing and responding to inappropriate workplace

conduct,including violence

September 27 & 28, 2002

Friday, noon to 7pm; Saturday, 9am to 5pm

Sonoma State Campus

$175, 14 hours MCLE credit available

PSY 490-5970

Call Eileen Barker at (415) 925-0900

or John Ford at (510) 658-5524

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5.EEOC Will Guard Undocumented Workers From Discrimination

The Equal Employment Opportunity Commission reaffirmed June 28

that the Supreme Court's decision in Hoffman Plastic Compounds,

Inc. v. National Labor Relations Board does not affect the

government's ability to root out discrimination against undocumented

workers. Federal law makes it illegal to discriminate against

any worker in the United States, regardless of immigration status.

In response to Huffman, the EEOC recently directed its field offices

that claims for all forms of relief, other than reinstatement and

back pay for periods after discharge or failure to hire, should be

processed in accordance with existing standards, without regard

to an individual's immigration status.

"The Commission appreciates concerns raised by stakeholders in

recent weeks about the effect of Hoffman on our enforcement

efforts," said EEOC Chair Cari Dominguez. "Protecting immigrant

workers from illegal discrimination has been, and will continue

to be, a priority for the EEOC. This agency will vigorously

pursue claims of discrimination against all workers covered

by our laws." Dominguez also stressed that the agency will

continue to work proactively with community groups to prevent

discrimination against immigrant workers.

At the same time, the EEOC also voted unanimously to rescind

its 1999 Guidance on "Remedies Available to Undocumented Workers

Under Federal Employment Discrimination Laws," an action

necessitated by the Hoffman decision. The Supreme Court in

Hoffman held that federal immigration policy precludes an

award of back pay to an undocumented worker under the National

Labor Relations Act. The EEOC's 1999 Guidance had relied

extensively on pre-Hoffman NLRA case law to permit post-termination

back pay awards under the laws enforced by the agency.

The rescission notice states that the EEOC will seek appropriate

relief consistent with the Supreme Court's ruling in Hoffman,

but will not, on its own initiative, inquire into a worker's

immigration status or consider an individual's immigration

status when examining the underlying merits of a change.

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6. FMCS To Establish Employment Mediation Panel

The Federal Mediation and Conciliation Service will soon begin

accepting applications for a new roster of credentialed employment

mediators, but does not plan to immediately pursue its earlier

intentions of credentialing mediators in other practice areas,

according to an FMCS official.

Peggy A. McNeive, special assistant and director of credentialing at

FMCS, said the agency's plan to credential mediators for labor,

employment, commercial and regulatory disputes has been paired back.

According to McNeive, FMCS decided that the "most immediate need was

in employment," and the agency now intends to establish a roster of

roughly 250 mediators who meet FMCS' credentials. However, the

credentialing effort could be expanded to other practice areas if a

need arises, she said.

FMCS will soon publish a notice in the Federal Register detailing the

roster credentials and inviting comment on the agency's plan, McNeive

said.

Internal FMCS staff recommendations for mediator credentials include

120 hours of mediation training and specific training in employment

law, McNeive said, adding that a "point system" would be used to

determine whether an individual would be considered for the roster. A

person would have to achieve ten points out of a possible 18 points

before they would be considered for a place on the employment

mediator roster, she said.

FMCS first announced its plan to credential both public and private

sector mediators in the labor, employment, commercial and regulatory

fields in July 2000, and the announcement was greeted with mixed

reactions from alternative dispute resolution practitioners. Some

lauded the plan as a way to raise standards in the field, but others

raised concerns that the plan could stifle competition and give FMCS-

credentialed mediators an inside track to federal appointments.

Heeding those concerns, FMCS conducted outreach and focus groups over

the past year to get more input from ADR community on credentialing

and the types of standards that should be developed for admittance to

the agency's rosters.

The input was reviewed and analyzed by the University of Arkansas,

and it will soon be released in a report outlining the credentialing

plan and the recommendations received from the ADR community in more

detail, McNeive said.

She also said the first round of applicants will be reviewed this fall

after the plan has gone through the Federal Register publication and

comment procedure, predicting that the first and subsequent rounds

will be a "competitive process."

By Staff Reporters, ADRWorld.com

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7.  Quotes

"In a culture that tends to leave the resolution to conflict to

lawyers and law enforcement officers, few people have experienced

the rewards that can come from working openly and skillfully

with disagreements."

Carolyn R. Shaffer and Kristin Anudsen

"If you are going to be viewed as a leader in your organization

and survive and thrive at work into the next century, you must

develop your own conflict approach and develop a reputation for

leadership in conflict management and consensus building."

Lynne Eisaguirre

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8. New Book

The Power Of A Good Fight: How to Embrace Conflict to Drive

Productivity, Creativity and Innovation

By Lynne Eisaguirre

Conflict­­skillfully resolved­tends to develop more creative and

vibrant organizations. To be viewed as a strategic business partner

in your organization, you must develop your own conflict resolution

skills and a reputation for leadership in this arena. Learn to

welcome conflict as a precursor to change, trust-building and

creativity.

Contents Include:

* Leading the Way: How to Leverage Conflict into Success

* The Leader as Detective: How to Uncover the Causes of Good and Bad

Fights

* The Power of Purpose: How to Use Your Mission and Values to Embrace

Conflict

* Five Beastly Conflict Coping Styles: How to Retrain Your Animal

Instincts

* When the Pit Bull Attacks: How to Soften Their Bite

* When the Roadrunner Revs Up: How to Stop Others from Fleeing the

Scene

* When the Golden Retriever Wags Its Tail: How to Teach "Just Say

No!"

* When the Cobra Strikes: How to Tangle with a Triangulator

* When Eagles Take Flight: How to Develop the Sight and Skills to

Soar

* A Creative Menagerie: How to Harness the Unique Styles

* The Top Ten Steps: How to Use Conflict to Your Advantage

* Prepare for Conflict: How to Move from Despairing to Preparing

* Grace Under Fire: How to Skillfully Confront Others

* Who's on First? How to Hear and Be Heard

* Welcoming a Different Opinion: How to Be Confrontable

* Making Changes Makes Waves: How to Swim, Not Sink

* The Dogfight Referees: How to Mediate, Facilitate, and Survive

* Avoid the Recount: How to Articulate a Clear Decision-Making

Process

* Getting to Yes Without Going to War: How to Build Consensus

* Surfing the Waves of Conflict: How to Manage When the Conflict Tide

Refuses to Recede

* Saving an Endangered Species: How to Incubate Eagles

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9. Winning Workplaces

Winning Workplaces is a not-for-profit providing information,

training, ideas, consulting, and easy-to-use, affordable tools to

help small and midsize organizations create great workplaces. The

business experience of our founders and evidence from other companies

prove that people-friendly workplaces produce better business results.

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10. Feedback and Subscriptions welcome

If you have any suggestions, tips, or other comments,

send an e-mail to johnford@mediate.com.

New subscriptions are welcome. Forward this to a

friend or colleague.

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