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Conflict Management E-Newsletter
October 2002 #33
------------------------------------------------------------------ Contents: 1. Articles
2. John Ford to Direct Conflict Resolution Certificate Program
3. EEOC Issues Comprehensive Litigation Report
4. Training Announcements
5. House Subcommittee Examines Workplace Violence in Organizations
6. Court Rules That Employees Can't Be Fired For Discussing Pay
7. Quotes
8. New Book: Before Conflict: Preventing Aggressive Behavior
9. The Alliance for Education in Dispute Resolution
10. IN THE STREET Festival: Conflict Coaching! ------------------------------------------------------------------
1. Articles ADR: The Halliburton Experience
By William L. Bedman
This article describes the dispute resolution program in place
at Halliburton and the process leading up to its adoption. It
also reviews the history of the litigation based approach to
employment disputes, and why that made the adoption of their
dispute resolution program so compelling.
Conflict Management Systems: A Methodology for Addressing
the Cost of Conflict in the Workplace
By Rian Thomas
It is evident that there are tremendous advantages to
preemptively dealing with conflict in the workplace before
it escalates to unknown proportions. A well-designed Conflict
Management System can make a tremendous positive difference
to the bottom-line. Perhaps most importantly, an effective
CMS can meaningfully impact the lives of those in your
organization. After all, as the adage goes:
"Happier employees are more productive employees."
Downsizing: Blues Or Jazz? Which tune will your employees sing?
By Sterling Newberry
When a company decides to down size for economic reasons it is
very disruptive to its' employees. Initially, there's the worry
over who will be laid off. Then there's the issue of survivors
guilt, as remaining employees deal with their feelings, and
they probably face an increased workload after the layoffs.
All of these factors can lead to decreased productivity, even
wiping out the cost saving the layoffs were supposed to produce.
Here are four ways to counteract this problem.
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2. John Ford to Direct Conflict Resolution Certificate Program John Ford has been appointed Director of the Conflict Resolution
Certificate Program at John F. Kennedy University, California
effective October 1, 2002. "I am excited at the prospect of establishing the program as the
certificate of choice for San Francisco Bay Area professionals
entering the conflict resolution field." "The focus on conflict resolution rather than mediation is
significant, as is the fact that the program grew out of the
Organizational Psychology deparment. Most other certificate
programs have their roots in law schools." "Over 25 hours of class are devoted to cultural sensitivity for
students wishing to obtain the certificate." ------------------------------------------------------------------
3. EEOC Issues Comprehensive Litigation Report:Five-Year Study
Shows High Success Rate for Commission Lawsuits, Trials and Appeals About 91 percent of federal employment discrimination lawsuits
by the U.S. Equal Employment Opportunity Commission are successfully
resolved through Consent Decrees, Settlement
agreements, and favorable court orders, according to an
extensive five-year litigation study released Aug. 13 by the EEOC. The study also shows that the EEOC's success rate in trials is
60.24 percent - compared to a success rate of 26.8 percent for
private plaintiffs in workplace bias suits - and the Agency's
success rate is 80 percent in the appeal of trials - compared
to a 16 percent rate of success for private bar attorneys. Other key points of the study show that over the five-year period: * The EEOC filed a total of 1,963 suits * A total of 570 cases were filed on behalf of a class
(31.9 percent of all cases); another 1,212 (68.1 percent)
were filed on behalf of individuals. * 30.1 percent of total cases allege sex discrimination;
suits alleging retaliation comprise 22.2 percent;
13.5 percent claim race discrimination;
disability 12.8 percent;
age 8.2 percent;
national origin 7 percent;
religion 4.3 percent;
equal pay 1.6 percent;
and color 0.25 percent. * The EEOC obtained $409.7 million in remedial relief
through litigation, with average monetary benefits
per lawsuit resolved of $263,945. The report, covering fiscal years 1997 through 2001,
will be available soon on the agency's web site,
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4. Training Announcement POWERFUL NON-DEFENSIVE COMMUNICATION
A workshop with Mady Shumofsky
Sunday, October 20, 2002 - 9:30am - 4:30 pm If you are looking for effective tools to use when co-workers,
clients,friends or family are attacking / blaming / withdrawing /
entrapping /justifying / surrendering / sabotaging - or when YOU
are! - this workshop was designed for you. Develop your skills in
asking non-threatening questions, stating your views clearly without
escalating power struggle, and setting limits that work for you. Location: Robinson Classroom B, 1204 Preservation Park Way
Cost: $85.00
For more information: e-mail madyshum@earthlink.net
or call (510) 531-8200. --------------------------------------------------------------
5.House Subcommittee Examines Effect of Workplace Violence on
Organizations A member of the Society for Human Resource Management (SHRM)
will testify on behalf of the Society at a subcommittee hearing
of the House Education and the Workforce Committee on Emerging Trends
in Employment and Labor Law: Examining the Need for
Greater Workplace Security and the Control of Workplace Violence.
Attorney and SHRM member Rebecca A. Speer, will testify before the
subcommittee. "Beyond homicide beyond the headline events lie millions of
incidents of non-fatal workplace violence. These incidents consist
of non-fatal assaults, threats, aggressive harassment,
stalking, and other conduct that create a reasonable fear for
physical safety. According to the Department of Justice, 1.7
million employees fall victim to reported, non-fatal violent
crime on the job each year. Eighteen percent of all violent
crimes that occur annually in the U.S. are committed at work.
Many more incidents go unreported," Speer said. Workplace violence is a leading concern for all organizations, which
according to the Bureau of Labor Statistics is the third leading
cause of death in the workplace. According to a recent SHRM/eePulse
survey released one year following the terrorist
attacks in New York and Washington, D.C., 52 percent of
organizations have put higher security provisions in place
to improve workplace security. These enhanced
security provisions have included such initiatives as employee and
management training, adding 24-hour security personnel, installing
surveillance cameras and additional lighting in public locations, and
providing counseling resources through Employee Assistance Programs to
victims of workplace violence. According to the 1999 SHRM Workplace Violence Survey, organizations
with more than 250 employees were more likely (78%) to
report a violent episode at the workplace as opposed to
smaller businesses (48%). Family, marital or personal
relationship problems influence more than 36% of violent
acts in the workplace. The majority of workplace violence
episodes are verbal threats (41%) followed by pushing and
shoving (19%); robbery (9%); fistfights (9%); stalking (9%);
bomb threats (7%); shooting (1%); and stabbing (1%). --------------------------------------------------------------
6. Court Rules That Employees Can't Be Fired For Discussing Pay A California Court of Appeal has recently ruled that
it is against public policy to fire an employee for
discussing his or her compensation with co-workers. Sharron Grant-Burton, a marketing director at a nursing
home owned by Covenant Care, attended a corporate marketing
directors meeting. At the meeting, one director brought up
the subject of bonuses. The directors discussed whether it
was fair that some received bonuses while others did not.
Grant-Burton indicated she did not receive a bonus, but
was not bothered by it because her employer was paying
for her continuing education. The day after the meeting an executive director of Covenant
Care indicated he was offended by the discussion of pay
and bonuses. Six days later, Grant-Burton's supervisor fired her.
Without being specific, he stated that her termination
was based on what Grant-Burton had said at the meeting. The
termination papers indicated the discharge was for violating
company rules. A company investigation concluded that the bonus
discussion was one reason for Grant-Burton's discharge. Grant-Burton sued for wrongful termination in violation
of public policy. Her case was dismissed without trial.
As an at-will employee, Grant-Burton could be terminated
for no reason, or even for an arbitrary reason. The Court of Appeals reinstated the case, saying that
Grant-Burton had the right to a trial on her claim. An
at-will employee may not be terminated for an unlawful
reason or one that is against fundamental public policy.
Grant-Burton's claim was based directly on California Labor
Code section 232, which expressly prohibits an employer
from discharging, formally disciplining, or discriminating
against an employee who discloses the amount of his or her wages. The Appeals Court further relied on California Labor
Code section 923, which says that California public
policy allows workers "full freedom of association...
to negotiate the terms and conditions of his employment." The court also held that Grant-Burton's claim is supported
by the public policy expressed in the National Labor
Relations Act (NLRA). The NLRA protects concerted employee
activity, including participation in a group discussion
about the fairness of compensation. The NLRA's protection
applies to both union and non-union employees. Grant-Burton v. Covenant Care, Inc.
(Cal.Ct.Appeal, July 10, 2002) B151342 Source: California Chamber of Commerce ----------------------------------------------------------------------
7. Quotes "The plaintiff and the defendant in an action at law, are like
two men ducking their heads in a bucket, and daring each other
to remain longest under water."
Samuel Johnson "Opposition brings together, and
from discord comes perfect harmony."
Heraclitus "In our society, we don't naturally look inside
ourselves for the source of conflict, we look outside."
Theodore Dobson ----------------------------------------------------------------------
8. New Book Book Review of Before Conflict: Preventing Aggressive Behavior
by John D.Byrnes.
Reviewer: William Cottringer, Ph.D. Before Conflict starts out with a powerful, attention-getting Foreword
by Pulitzer Prize-nominated author Dave Grossman. The book then
delivers on its promise with practical content that clearly
identifies the common errors in dealing with the present epidemic
of violent behavior, followed by an abundance of sound solutions
that get results at the core of the problem. Dr. Byrnes' literary contribution to dealing with our most urgent
social problem is an absolute must addition to any security,
government, school or business professional's library. In fact
it should be read by anyone who is concerned about the escalating
menace of violence and who wants to do something to stop it. The author aptly exposes the typical folly of over-focusing on the tip
of the violence iceberg and the common after-the-fact over-reaction
that general follows. Dr. Byrnes makes a compelling case to look
deeper at the real problem-aggression-on a continuum
from alpha to omega. The only question readers should have is
why has it taken us so long to wake up and make this critical
paradigm shift? All readers will likely find chapters four through seven-various
persuasion strategies-loaded with useful information they can
apply right away to better understand and become more proactive
in preventing potentially harmful aggression in others.
Perhaps we all need to heed Dr. Byrnes' admonition to move
from being part of the problem to becoming part of the solution. An extremely valuable part of Before Conflict deals with the five
perceptual filters that influence everything we think about or do.
Becoming more in tune with noticing the beginning stages of
aggression that may be symptomatic of potential violence,
requires the powerful skill of empathy. We must get past our
own distorted viewpoints to see what is really going on with
another person while something can still be done to prevent
further harm. In some cases our own misperceptions may be
aggravating a situation. Interestingly, this important insight about empathy runs parallel to
current innovative brain research which is attempting to discover
biochemical reasons why it takes us so long to become aware of
unconscious instincts to avoid danger (or spot opportunity) The only shortcoming with Before Conflict is the brief bibliography,
given the wealth of both historic and new information on aggression
management. For instance, the pioneering work on workplace violence by
Dennis Johnson, Ph.D. should have been included. Also, sections on
suggested reading and a resource guide would have been helpful. However, Dr. Byrnes more than makes up for this minor fault with his
value-added, informative 26-page Glossary which is packed with
meaningful explanations for a litany of practical strategies for
dealing with beginning and escalating aggression. Readers
will enjoy the colorfully descriptive concepts, including
proxemis, strip phasing and instinctive gesticulation. If your budget only allows five books this year, make Before
Conflict one of them. A full five stars from this reviewer. William Cottringer, Ph.D. is a retired prison warden and now a
security consultant, expert witness and security management
instructor. Dr.Cottringer is a frequent contributor to Security
Management and is the author of the best-selling book You Can have
Your Cheese & Eat It Too. He was a pioneer in the development of
therapeutic anger management strategies in the early seventies ----------------------------------------------------------------------
9. The Alliance for Education in Dispute Resolution The Alliance for Education in Dispute Resolution is a
consortium of universities and professional organizations
committed to the utilization of mediation by neutrals trained
in process and substance as the preferred method of resolving
disputes including those involving statutory enforcement. It seeks to provide research and to develop standards of training and
evaluation to achieve the most effective utilization of conflict
resolution procedures and the highest standards of neutral
competence. It considers the cooperation between academic
institutions and professional organizations to be essential to
achieving their mutual goals of greater competence and enhanced
standards of professionalism and ethics in handling such disputes. ----------------------------------------------------------------------
10. IN THE STREET Festival
500 Block of Ellis Street (btw Leavenworth & Hyde), SF
SUNDAY OCT 20TH 11:30AM-5:30PM
Vision Quest: Hip Hop in 100 Years! Produced annually by the luggage store/509 Cultural Center,
this three day FREE performance extravaganza appeals to art
enthusiasts, families and the simply curious, and will include
breathtaking aerial dance, puppet-drama, a multi-story koto,
conceptual time travel, cranes, hip hop, film projection,
spoken word, capoeira, jazz fusion, snake dances and more! John Ford will provide conflict coaching for members of the public! ---------------------------------------------------------------------
11. 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. ---------------------------------------------------------------------
The Conflict Management E-Newsletter
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