Conflict Management E-Newsletter
August 2003 #43
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Contents:
1. Articles
2. Report On Federal Workforce Available On EEOC Website
3. SHRM Survey: Turnover
4. Upcoming Public Trainings
5. Terminating Employee Engaged In Self-Defense
6. Court Denies Protection Of Company E-mail System
7. Quotes
8. New Book: Stop Conflict Now
9. Web Site: North American Institute for Conflict Resolution
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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
ACR Joins Those Calling on FMCS to Broaden Mediation Roster
Staff Reporters, ADRWorld.com
The Association for Conflict Resolution has joined a growing chorus
of groups urging the Federal Mediation and Conciliation
Service to open up its proposed roster of employment mediators to
neutrals who also serve as advocates and loosen
qualification criteria.
http://www.mediate.com/articles/adrworld1.cfm
Is Your Alternative Dispute Resolution Program a Flea-Dip?
Melissa Janis
Like a flea-dip, alternative dispute resolution programs are often
regarded as a single dose cure-all. The intuitive appeal
of ADR and the anecdotal evidence of program success make ADR
seem a panacea -- just establish the policies and procedures,
and ADR will work its magic with your employees.
http://www.mediate.com/articles/janisM1.cfm
Its Communication, Stupid!
By David Lapin
The success of a communication is measured not by how well the
communicator speaks or writes but by how well the listener has
heard. Managers are often astonished when employees complain
about communication.
http://www.sbe.us/paper8.htm
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2.Report On Federal Workforce Available On EEOC Website
Equal Employment Opportunity Commission recently posted its Annual
Report on the Federal Work Force for fiscal year 2002 on the agency's
website at http://www.eeoc.gov/.
The report briefs the President and Congress on the state of equal
employment opportunity throughout the federal work force. The
information is presented in individual agency profiles and in
government-wide collective form, providing benchmarks to measure the
EEO performance and fitness of each federal agency.
"The report card is out on the federal government's EEO performance
and the overall grade is a C+," said Commission Chair Cari M.
Dominguez.
"The good news is that a number of agencies have worked hard to make
their workplaces more inclusive and supportive of diversity. There has
been some noteworthy progress, though not enough, in the work force
participation of women and Hispanics. In addition, some agencies have
made significant improvements in their EEO complaint management
practices, as well as effective use of alternative dispute resolution
programs, to successfully resolve disputes.
"The bad news is that we have a failing grade in the employment of
individuals with targeted disabilities, as their numbers continue to
decline. With the many management initiatives that have been
introduced
this year, we hope to report an improved grade for FY 2003."
Source: FPMI
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3.Turnover
Turnover can have a significant impact on an organization's bottom-
line and is a key indicator of its culture. However, turnover is
also highly correlated with the state of the economy. With the weak
economy and record-high unemployment rates, SHRM found that 41
percent of organizations report decreased turnover rates since 2001.
HR professionals were asked, "How has your organization's turnover
rate changed over the last two years?"
14 percent – decreased significantly
27 percent – decreased somewhat
36 percent - remained about the same
16 percent – increased somewhat
7 percent – increased significantly
The survey was fielded during the week of July 8-15, 2003, and was
based on the responses of 428 randomly selected human
resource professionals. The margin of error is +/- 4.6 percent.
For addition information on SHRM visit www.shrm.org.
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4. Upcoming Public Training
Introduction to Conflict Management/Alternative Dispute Resolution
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
http://www.cel.sfsu.edu
or johnford@mediate.com
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5. Terminating Employee Engaged In Self-defense
A California appeals court has confirmed a company's right to
terminate an at-will employee who exercised his constitutionally
protected right of self-defense when attacked by a co-worker.
Hector Escalante worked for Wilson Art Studio (Wilson). Escalante was
attacked by another employee, Stanei, who hit Escalante
with a piece of wood and other objects. Escalante fled from the
scene, but Stanei pursued him and threw a box of screws
hitting Escalante in the back. At that point, Escalante turned and
saw Stanei holding a large piece of metal. Escalante
rushed at Stanei attempting to restrain him, but Stanei struck
Escalante in the head with the metal item causing significant
injury. At no time did Escalante strike Stanei.
Following an investigation, the company fired Escalante because he
did not continue to flee but rather decided to "go back"
and defend himself. Escalante sued Wilson for wrongful discharge in
violation of public policy, citing his constitutionally
guaranteed right of self-defense. The jury sided with Escalante,
concluding that Wilson acted in bad faith by deciding that
Escalante had become an aggressor rather than running from his
attacker.
In its appeal, Wilson argued that the right of self-defense is not
the kind of public policy that supports a claim for
wrongful discharge. An employer can terminate an at-will employee for
any reason except one that violates a law or is
contrary to public policy. The court agreed that both the state
constitution and the penal code recognize that people have
the right to reasonably defend themselves, but that does not mean it
is in society's interest to advocate the use of
self-defense when retreat is possible. Therefore Wilson's termination
of Escalante was not contrary to public policy.
The court concluded that Wilson did not act contrary to the public
interest in expecting its employees to avoid conflict in
the workplace whenever possible. Avoiding conflict is more likely to
prevent violence from escalating, promote a safe working
environment, and minimize expenses associated with employee injury.
Escalante v. Wilson's Art Studio, Cal. App 2nd Dist. No. B1434831
(June 12, 2003).
Source: California Chamber of Commmerce
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6. Court Denies Protection Of Company E-mail System
The California Supreme Court recently rejected an effort by Intel
Corporation to prevent a former employee from using the company's own
computer system to distribute e-mails critical of the company's
policies to employees.
On six occasions over a period of about two years Kenneth Hamidi, a
former employee of Intel, sent e-mails to large numbers of Intel
employees criticizing the company's personnel practices. Hamidi did
not breach any security barriers or damage or disrupt systems, and
complied with employee requests to be removed from
his mailing list. Intel requested that he stop his disruptive e-
mails, but he refused. Intel sued, alleging Hamidi's activities
trespassed Intel's corporate computer network. The trial judge agreed
and ordered Hamidi to stop. That order was affirmed by the court of
appeals.
The Supreme Court, however, rejected Intel's argument that Hamidi
trespassed its property. Intel could not show that Hamidi's e-mails
damaged its computer systems or interfered with the property's use or
possession. According to the Court, the loss of employee productivity
resulting from the controversial content did not injure the company's
interest in its computer systems.
The Supreme Court observed that its decision is not intended to grant
e-mail senders any special immunity from liability for the content of
the message (for example, defamation), nor is it applicable
to "spammers" who overburden the computer systems
of Internet service providers by sending overwhelming quantities of
unsolicited bulk e-mails.
Intel Corporation v. Hamidi, Cal. Sup. Ct. No S103781 (June30, 2003).
Source: California Chamber of Commmerce
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7. Quotes
"Conflict is the primary engine of creativity and innovation."
Ronald Heifetz,
Founding Director, Center for Public Leadership
"The first lesson I learned as a leader was that I must
be willing to let people be mad at me."
Bobbi Silten,
President, US Dockers and Slates, Levi Strauss & Co.
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8. New Book: Stop Conflict Now
By Stewart Levine,
Author of the Book of Agreement and Getting to Resolution.
When you're in the middle of conflict, you don't have time to read
and digest a 200 page book. You don't want volumes of sophisticated
theory. You need simple proven strategies that get results fast.
That's why I've written this turbo-charged ebook to my best, proven
conflict resolution strategies at your findertips, instantly.
Inside the new ebook "Stop Conflict Now", you'll discover:
*What to measure to convince you that continuing the conflict makes
you a loser.
*The one step guaranteed to end any conflict immediately.
*The one critical question you must ask everyone involved in the
conflict.
*How to master the most critical communication skills.
http://www.StopConflictNow.com
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9. Featured Web Site: North American Institute for Conflict Resolution
The North American Institute for Conflict Resolution is a non-profit
corporation dedicated to enlarging the capacity for
compassionate presence in those engaged in conflict and the
management and transformation of it in work, their homes and their
communities. This involves, specifically, engaging the inner
resources of neutrals and participants in the management of conflict.
http://www.crtraining.org
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If you have any suggestions, tips, or other comments,
send an e-mail to johnford@mediate.com.
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friend or colleague.
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The Conflict Management E-Newsletter
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