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To: conflictmanagement@yahoogroups.com
Subject: Conflict Management E-Newsletter #28 |
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Conflict Management E-Newsletter
May 2002 #28
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Contents:
1. Articles
2. REDRESS Web site
3. Key Sexual Harassment Defense Unavailable Under California Law
4. Training Announcements
5. Merit Systems Protection Board Report
6. Survey: Cross-Cultural Conflict in the Workplace
7. Quotes
8. New Book: Negotiation Skills for Managers
9. SHRM Survey on Romance in Workplace
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1. Articles
Powerful Non-Defensive Communication
By John Ford
Most conflict resolution practitioners have had their
fair share of communication skills training. Communication
after all is at the heart of conflict prevention and resolution.
For the most part, communication skills training focuses
on active listening skills and the delivery of "I" rather than
"You" statements. What is 'powerful non-defensive
communication, and what does it have to say
that hasn't been said already?
Does Your Organization Need a System?
By Jennifer Lynch Q.C.
Most managers will tell you that they spend over half
their time dealing with workplace conflict, and most
businesses and other organizations can list numerous
examples of conflict with clients, industry and other
stakeholders. Yet still today, the majority of organizations
deal with these conflicts one at a time. They do not have
an overall strategic plan for managing conflict.
Customer Complaints: Five Easy Steps To Turn
Conflict Into A Competitive Edge
By Sterling Newberry
If your customers, whether external or internal,
don't like how you respond to their complaints,
you stand to lose business and/or productivity.
Here's five easy steps you can take to turn
conflicts with your customers into a competitive
advantage to your organization.
What is a Learning Network?
A learning network is a group of organizations that
come together for collaborative learning resulting in
behavioral change that creates value for each organization.
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2. REDRESS Web site
REDRESS is a voluntary alternative dispute resolution
program offered to employees nationwide as part of the
Postal Service's equal employment opportunity (EEO)
complaint process. REDRESS is generally offered to
employees at the informal counseling stage of the
EEO process. REDRESS II may be offered as part
of the formal complaint process.
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3. Key Sexual Harassment Defense Unavailable Under California Law
In a blow to employers, a California Court of Appeal
recently held that a key sexual harassment defense
is not available to employers sued for sexual harassment
under the California Fair Employment and Housing Act (FEHA).
The case involved an employee of the Department of
Health Services (DHS) who sued her former supervisor
for sexual harassment and sex discrimination under FEHA.
DHS argued that a defense outlined by the U. S. Supreme
Court in two 1998 decisions applied to the FEHA claims.
Under this test (known as the Burlington/Faragher defense
after the Supreme Court decisions), an employer can
avoid liability for sexual harassment by a supervisor if:
*The employer did not take any tangible, adverse job action
(such as termination or demotion) against the employee;
*The employer exercised reasonable care to prevent
harassment and to correct harassment episodes; and
*The employee unreasonably failed to take advantage
of the employer's preventive or corrective policies or
opportunities (such as failing to file a complaint under company
policy)
or otherwise failed to avoid harm.
The Burlington/Faragher decisions were landmarks with
significant benefits for employers. However, they only applied
to federal claims under Title VII, the federal act concerning
discrimination based on sex.The Court of Appeal has now
ruled that the Burlington/Faragher defense will not apply to
sexual harassment claims brought by employees against
supervisors under FEHA.
The court held that California law clearly holds employers
strictly liable for the harassing conduct of supervisors, even
though the employer did not know, and had no reason to know
of the supervisor's conduct. Essentially, California law says the
obligation to provide a harassment-free workplace is the
"nondelegable obligation of the employer."
(Department of Health Services v. Superior Court (McGinnis)
No. C034163 (November 29, 2001))
Source: California Chamber of Commerce
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4. Training Announcements
Marketing and Managing Your Mediation Practice
With Eileen Barker and John Ford
Now in its fourth year, this popular course is a must
for anyone seriously interested in starting or expanding
his/her work in the field of conflict resolution. It is the only
course that includes powerful self-assessment steps
essential to ensure the ultimate effectiveness of your
marketing efforts. Plus, each student will have the
opportunity to identify long and short-term goals and
develop his/her own business and marketing plan.
July 12 & 13, 2002
Friday, noon to 7pm;
Saturday, 9am to 5pm
Sonoma State Campus
$175, 14 hours MCLE credit
Call Eileen Barker at (415) 925-0900
or John Ford at (510) 658-5524
Mediation and Conflict Resolution Training
Do you want to successfully resolve
disputes with confidence?
In this widely-acclaimed training you will learn a
step-by-step process for resolving nearly every
kind of business-related dispute. Trainer is Ron Kelly,
winner of six ADR awards, who brings you the
best techniques developed over fifteen years
of mediating. Two Weekends - June 22, 23
and 29,30, plus two Friday afternoons - June 21 and 28.
Offered by UC Berkeley Continuing Education,
Business and Management Department.
Call Ron Kelly at 510-843-6074
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5. Merit Systems Protection Board Report
"The Federal Merit Promotion Program:Process vs.Outcome."
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6. The Use of Mediation to Resolve Cross-Cultural
Conflict in the Workplace
This survey is being conducted as a component of a
master's thesis in Comparative and International
Development Education at the University of Minnesota.
This survey should take about 15 minutes to complete.
Your identification will remain confidential.
To receive a summary of the results when this research
is complete, please go to
anytime after May 1, 2002.
You may contact the researcher at mhp@black-hole.com
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7. Quotes
"The litigious spirit is more often found with ignorance
than with knowledge of law."
Cicero
"Lawsuits consume time, and money, and rest, and friends."
Sir John Patrick Herbert
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8. New Book
Grievance Arbitration
By FLRA Settlements Judge Arthur Horowitz
Congress has put grievance arbitration at the center
of the procedures governing federal sector labor-management
relations. Every negotiated agreement must contain
grievance arbitration procedures for the resolution of
disputes within the agreement's scope as a substitute
for the strikes and lockouts occurring in the private
sector. Congress also provided for review of arbitration
awards on certain limited grounds.
Exceptions to Arbitration Awards in the Federal Sector,
a new book by author and retired FLRA Settlements
Judge Arthur Horowitz, helps readers get the most out
of the grievance arbitration process. Designed for federal
employees, labor unions, agencies and arbitrators,
this handy desktop guide helps those with a stake in the
grievance arbitration process to know their rights and
obligations. Grievance arbitration and appeals processes
in the federal sector are complex and varied, and this
book explains, in an easy-to-read format, what readers
need to know to be able to navigate through the
system smoothly and effectively. The book gives the
basic terms used in the grievance process,
and includes chapters such as:
*How Grievances are Resolved
* FLRA Review of Awards on Private Sector Grounds
* Importance of Management Rights on the Review of Arbitration Awards
* Exceptions to Arbitration Awards
* Monetary Awards and Attorney Fees Under the Back Pay Act
* Judicial Review
Exceptions to Arbitration Awards in the Federal Sector is available
for $15.95 (including standard shipping and handling) by ordering
directly online at https://www.fpmi.com/arbitration_fednews
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9. Survey Finds Romance in Workplace Discouraged by
HR Professionals and Corporate Executives
The majority of Human Resource (HR) professionals
and corporate executives agree that workplace romance is
something they would personally avoid; yet their organizations
typically don't have policies addressing it. These are among
the findings of a survey on workplace romance jointly
produced by the Society for Human Resource Management
(SHRM) and CareerJournal.com, the executive career
site from The Wall Street Journal.
The survey respondents included 558 HR professionals
surveyed by SHRM and 663 corporate executives surveyed
by the CareerJournal.com Web site. The majority of HR
professionals (81 percent) and executives (76 percent) said
that workplace romances were dangerous because they can
lead to conflict in the organization.
Seventy-five percent of HR professionals and 59
percent of executives said their organizations had no
policy on workplace romance. For those organizations
that do have policies, 64 percent of HR professionals
and 52 percent of executives said their organizations
permitted, but discouraged, romance in the workplace.
"It's natural that when people work together closely
romantic feelings sometimes emerge," said SHRM
President and CEO, Helen Drinan, SPHR. "That
is why organizations need a workplace romance
policy to help set guidelines for what is and is not
appropriate, and to prepare the organization for
challenges that may arise."
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send an e-mail to johnford@mediate.com.
New subscriptions are welcome. Forward this to a
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