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Conflict Management E-Newsletter
July 2003 #42
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Contents:
1. Articles
2. Reasonable Accommodations Under the ADA
3. Networking & Resource Center for Mediation Program Managers
4. Upcoming Public Training
5. Justices Provide a Victory to One Category of Job-Bias Plaintiffs
6. Featured Organization: The Ombudsman Association (TOA)
7. Quotes
8. New Book: The Bargaining Book
9. The Systems-Centered Training & Research Institute
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Visit http://www.mediate.com/johnford to learn more about
workplace conflict prevention, management and resolution.
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1. Articles
The Leader of the Future
Harvard's Ronald Heifetz offers a short course on the future of
leadership.
Companies tend to be allergic to conflict -- particularly companies
that have been in operation for a long time. Being averse to conflict
is understandable. Conflict is dangerous: It can damage
relationships. It can threaten friendships. But conflict is the
primary engine of creativity and innovation. People don't learn by
staring into a mirror; people learn by encountering difference. So
hand in hand with the courage to face reality comes the courage to
surface and orchestrate conflicts. Leaders of the future need to have
the stomach for conflict and uncertainty - among their people and
within themselves.
ict (Insert full URL into browser window)
The 10 Most Common Mistakes Corporations Make That Lead To A Hostile
Work Environment
By Lynne McClure, Ph.D.
No corporation purposely arranges to have a hostile work environment
especially today, when violence costs U.S. businesses $36 billion a
year and Supreme Court decisions require companies to prevent, not
just react to, all forms of harassment. Yet corporations make 10
common mistakes that can easily lead to a hostile work environment
even though these costly mistakes can be corrected.
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2. Reasonable Accommodations Under the ADA
Did you know most accommodations are not expensive...
* One-fifth cost nothing.
* More than half only cost between $1 and $500.
* The median cost is approximately $240.
* Technological advances continue to reduce the cost of many
accommodations.
* Some employees provide their own accommodations in the form of
assistive devices or equipment.
TIP: To offset the cost of accommodations, you may be able to take
advantage of tax credits, such as the Small Business Tax Credit and
other sources, such as vocational rehabilitation
funding.
Also, the EEOC is conducting a series of free workshops for small
businesses on the Americans with Disabilities Act (ADA). These
workshops, which include information on tax incentives and community
resources, are aimed at encouraging businesses with 15 to 100
employees to hire individuals with disabilities. For more
information, or to schedule a workshop for your local small business
employer group or Chamber of Commerce, please contact Linda Li at
(415) 356-5215 or linda.li@eeoc.gov
For more practical information on the ADA, see
Source: EEOC SFDO Newsletter
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3. Networking & Resource Center for Mediation Program Managers
The Keybridge Foundation, in collaboration with CRInfo and funded by
the Hewlett Foundation, is pleased to announce the launch of the
Clearinghouse for Mediation Program Managers website. This website
will enable mediation program managers to network with other
programs, share knowledge and expertise, and exchange information
about current mediator management practices. Our focus is on
assisting program managers as they create and manage rosters of
mediators.
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4. Upcoming Public Training
Introduction to Conflict Management/Alternative Dispute Resolution
With John Ford
At SFSU-College of Extended Learning
2 day(s)
Sat, Sept. 20 & 27, 2003
9:00 AM - 5:00 PM
SFSU Downtown Center,
425 Market St.
$235
or johnford@mediate.com
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5. Justices Provide a Victory to One Category of Job-Bias Plaintiffs
By Linda Greenhouse
WASHINGTON, June 9 — A unanimous Supreme Court made it significantly
easier today for workers to win discrimination suits against their
employers in cases where race, sex, religion or national origin is
one factor among others in a dismissal or other adverse job action.
Such cases of "mixed motive" — a legitimate reason combined with an
improper, discriminatory one — are so common as to be the norm in the
world of employment discrimination litigation. Congress addressed
this category of cases, among others, in 1991 when it amended Title
VII of the Civil Rights Act of 1964, the basic federal employment
discrimination law, to counter a series of pro-employer Supreme Court
decisions.
A 1989 Supreme Court ruling had made it difficult for plaintiffs to
qualify for the favorable jury instructions that come with a mixed-
motive case, under which the employer has the burden of proving that
it would have made the same decision even in the absence of the
improper factor. The court said then that the plaintiff must prove by
direct, not circumstantial, evidence that discrimination
had been "a motivating factor" in the employer's action.
Direct evidence requires the equivalent of a smoking gun. While it is
sometimes available to aggrieved employees, it often is not,
particularly in the nuanced and complex situations reflected in many
mixed-motive cases.
In its 1991 legislation, Congress provided that an "unlawful
employment practice is established" when the plaintiff "demonstrates"
that race or any of the other prohibited categories "was a motivating
factor for any employment practice, even though other factors also
motivated the practice."
Although Congress made no mention of a need for direct evidence, the
lower federal courts continued to require it, with the exception of
the United States Court of Appeals for the Ninth Circuit, in San
Francisco. In an opinion by Justice Clarence Thomas, the Supreme
Court said today that the Ninth Circuit was correct.
"On its face," Justice Thomas said, "the statute does not mention,
much less require, that a plaintiff make a heightened showing through
direct evidence."
"Our precedents make clear," he added, "that the starting point for
our analysis is the statutory text. And where, as here, the words of
the statute are unambiguous, the judicial inquiry is complete."
Beyond the decision's impact on civil rights litigation, an effect
that could be substantial, the case was notable for the court's
unanimous rejection of the position argued by the Bush
administration. The administration had urged the court to adhere
to its direct-evidence requirement, arguing that Congress in 1991
intended to overturn other aspects of the 1989 decision, Price
Waterhouse v. Hopkins, but not the evidentiary standard.
Desert Palace v. Costa, No. 02-679.
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6. Featured Organization: The Ombudsman Association (TOA)
TOA is the largest non-profit, international association of
professional organizational ombudspeople representing over 400
members in 5 different countries.
The association supports and advances the practice of organizational
ombudspeople worldwide in corporations, universities, non-profit
organizations, government entities and non-governmental organizations.
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7. Quote
"In slightly more than half of the instances in which conflict
appears, it is glossed over and avoided. Another 30% of the time, it
precipitates heated clashes with no productive result. Only one time
in five (20%) is conflict surfaced, debated, and authentically
resolved"
Richard Pascale
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8. The Bargaining Book
Negotiating a labor-management agreement in the federal sector can be
a daunting task for individuals who have not been involved in this
process since the Civil Service Reform Act was passed in 1978. The
extensive list of decisions by the Federal Labor Relations Authority
is so numerous that the average person working in this field has
difficulty knowing all of them.
The Bargaining Book, an FPMI publication based upon Title VII of the
Civil Service Reform Act, gives readers the knowledge needed to make
this task easier. It is designed for all members of the negotiating
team, whether experienced, newly appointed, labor, management, or
observer. The Bargaining Book is written in a unique style with
explanatory material, multiple choice questions, and answers that
provide a thorough explanation of the reasons the designated answer
is correct and the others choices are wrong.
The author, Philip A. Varnak, spent 32 years in the federal sector and
negotiated his first labor-management agreement in 1967. As he
notes, "Good negotiators are made - not born."
The Bargaining Book provides in-depth coverage of the following
topics:
* Statutory requirements to establish union bargaining rights
* Effective planning and organization of bargaining teams
* Anticipating proposals
* Ground rules, permitted topics, prohibited topics and permissive
topics
* Negotiability determinations, official time and grievance procedures
* Arbitration and unfair labor practices
* Partnerships and other cooperative labor management situations
* Use of Interest-Based Bargaining
* Impasse procedures and Federal Mediation and Conciliation Service
* Post-negotiations and contract implementation
The Bargaining Book is a MUST for each negotiating team member, both
union and management alike. It can be ordered directly online from
FPMI at https://www.fpmi.com/specials/bargaining_book.html for $14
for 1-9 copies; $12.50 for 10-24 copies and $11.96 for 25-99 copies
(shipping and handling already included in these prices). Call FPMI
for pricing on 100 or more.
Phone orders may also be placed by calling 256-539-1850 between 8:00
a.m.and 5:00 p.m. (Central Time) and mentioning code BBFN0503.
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9. The Systems-Centered Training & Research Institute
Basic values:
*Respect for the dignity and worth of each individual.
*Multi-level thinking, not one dimensional thinking: Self-centering
within a systems-centered context.
*Empowerment of groups with power residing with the group, not the
individual.
*Decentralization of authority: The corporate structure most
conducive to these beliefs has maximum decentralization and local
authority.
*Safe and open environment: an environment that affirms worth and
avoids demeaning judgements and gossip.
*Creativity: to express our creativity while affirming the creativity
of others.
*Honesty and trust and open communication in which people feel safe
to communicate thoughts, feelings and concerns.
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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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The Conflict Management E-Newsletter
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