About Me
Wednesday, October 29, 2008
The Seven Things That Surprise New CEOs
Published: October 20, 2008
Author: Michael E. Porter, Jay W. Lorsch, Nitin Nohria
Executive Summary:
In the newly released book On Competition, Professor Michael E. Porter updates his classic articles on the competitive forces that shape strategy. We excerpt a portion on advice for new CEOs, written with HBS faculty Jay W. Lorsch and Nitin Nohria. Key concepts include:
* Most new chief executives are taken aback by unfamiliar new roles, time and information limitations, and altered professional relationships.
* The CEO must learn to manage organizational context rather than focus on daily operations.
* The CEO must not get totally absorbed in the role.
Surprise One: You Can't Run the Company
Warning signs:
You are in too many meetings and involved in too many tactical discussions.
There are too many days when you feel as though you have lost control over your time.
Surprise Two: Giving Orders is Very Costly
Warning signs:
You have become the bottleneck.
Employees are overly inclined to consult you before they act.
People start using your name to endorse things, as in "Frank says…"
Surprise Three: It Is Hard To Know What Is Really Going On
Warning signs:
You keep hearing things that surprise you.
You learn about events after the fact.
You hear concerns and dissenting views through the grapevine rather than directly.
Surprise Four: You Are Always Sending A Message
Warning signs:
Employees circulate stories about your behavior that magnify or distort reality.
People around you act in ways that indicate they're trying to anticipate your likes and dislikes.
Surprise Five: You Are Not The Boss
Warning signs:
You don't know where you stand with board members.
Roles and responsibilities of the board members and of management are not clear.
The discussions in board meetings are limited mostly to reporting on results and management's decisions.
Surprise Six: Pleasing Shareholders Is Not The Goal
Warning signs:
Executives and board members judge actions by their effect on stock price.
Analysts who don't understand the business push for decisions that risk the health of the company.
Management incentives are disproportionately tied to stock price.
Surprise Seven: You Are Still Only Human
Warning signs:
You give interviews about you rather than about the company.
Your lifestyle is more lavish or privileged than that of other top executives in the company.
You have few if any activities not connected to the company.
Implications for CEO Leadership
Taken together, the seven surprises carry some important and subtle implications for how a new CEO should define his job.
First, the CEO must learn to manage organizational context rather than focus on daily operations. Providing leadership in this way—and not diving into the details—can be a jarring transition. One CEO said that he initially felt like the company's "most useless executive," despite the power inherent in the job. The CEO needs to learn how to act in indirect ways—setting and communicating strategy, putting sound processes in place, selecting and mentoring key people—to create the conditions that will help others make the right choices. At the same time, he must set the tone and define the organization's culture and values through his words and actions—in other words, demonstrate how employees should behave.
Second, he must recognize that his position does not confer the right to lead, nor does it guarantee the organization's loyalty. He must perpetually earn and maintain the moral mandate to lead. CEOs can easily lose their legitimacy if their vision is unconvincing, if their actions are inconsistent with the values they espouse, or if their self-interest appears to trump the welfare of the organization. They must realize that success ultimately depends on their ability to enlist the voluntary commitment rather than the forced obedience of others. While mastering the conventional tools of management may have won the CEO his job, these tools alone will not keep him there.
Finally, the CEO must not get totally absorbed in the role. Even if others think he is omnipotent, he is still only human. Failing to recognize this will lead to arrogance, exhaustion, and a shortened tenure. Only by maintaining a personal balance and staying grounded can the CEO achieve the perspective required to make decisions in the interest of the company and its long-term prosperity.
Author: Michael E. Porter, Jay W. Lorsch, Nitin Nohria
Executive Summary:
In the newly released book On Competition, Professor Michael E. Porter updates his classic articles on the competitive forces that shape strategy. We excerpt a portion on advice for new CEOs, written with HBS faculty Jay W. Lorsch and Nitin Nohria. Key concepts include:
* Most new chief executives are taken aback by unfamiliar new roles, time and information limitations, and altered professional relationships.
* The CEO must learn to manage organizational context rather than focus on daily operations.
* The CEO must not get totally absorbed in the role.
In the newly released book On Competition, Professor Michael E. Porter updates his classic articles on the competitive forces that shape strategy. We excerpt a portion on advice for new CEOs, written with HBS faculty Jay W. Lorsch and Nitin Nohria.
Surprise One: You Can't Run the Company
Warning signs:
You are in too many meetings and involved in too many tactical discussions.
There are too many days when you feel as though you have lost control over your time.
Surprise Two: Giving Orders is Very Costly
Warning signs:
You have become the bottleneck.
Employees are overly inclined to consult you before they act.
People start using your name to endorse things, as in "Frank says…"
Surprise Three: It Is Hard To Know What Is Really Going On
Warning signs:
You keep hearing things that surprise you.
You learn about events after the fact.
You hear concerns and dissenting views through the grapevine rather than directly.
Surprise Four: You Are Always Sending A Message
Warning signs:
Employees circulate stories about your behavior that magnify or distort reality.
People around you act in ways that indicate they're trying to anticipate your likes and dislikes.
Surprise Five: You Are Not The Boss
Warning signs:
You don't know where you stand with board members.
Roles and responsibilities of the board members and of management are not clear.
The discussions in board meetings are limited mostly to reporting on results and management's decisions.
Surprise Six: Pleasing Shareholders Is Not The Goal
Warning signs:
Executives and board members judge actions by their effect on stock price.
Analysts who don't understand the business push for decisions that risk the health of the company.
Management incentives are disproportionately tied to stock price.
Surprise Seven: You Are Still Only Human
Warning signs:
You give interviews about you rather than about the company.
Your lifestyle is more lavish or privileged than that of other top executives in the company.
You have few if any activities not connected to the company.
Implications for CEO Leadership
Taken together, the seven surprises carry some important and subtle implications for how a new CEO should define his job.
First, the CEO must learn to manage organizational context rather than focus on daily operations. Providing leadership in this way—and not diving into the details—can be a jarring transition. One CEO said that he initially felt like the company's "most useless executive," despite the power inherent in the job. The CEO needs to learn how to act in indirect ways—setting and communicating strategy, putting sound processes in place, selecting and mentoring key people—to create the conditions that will help others make the right choices. At the same time, he must set the tone and define the organization's culture and values through his words and actions—in other words, demonstrate how employees should behave.
Second, he must recognize that his position does not confer the right to lead, nor does it guarantee the organization's loyalty. He must perpetually earn and maintain the moral mandate to lead. CEOs can easily lose their legitimacy if their vision is unconvincing, if their actions are inconsistent with the values they espouse, or if their self-interest appears to trump the welfare of the organization. They must realize that success ultimately depends on their ability to enlist the voluntary commitment rather than the forced obedience of others. While mastering the conventional tools of management may have won the CEO his job, these tools alone will not keep him there.
Finally, the CEO must not get totally absorbed in the role. Even if others think he is omnipotent, he is still only human. Failing to recognize this will lead to arrogance, exhaustion, and a shortened tenure. Only by maintaining a personal balance and staying grounded can the CEO achieve the perspective required to make decisions in the interest of the company and its long-term prosperity.
Sunday, October 26, 2008
Obama's Moral Compas
I just read an survey that stated that 60 percent American people think that Hussein Obama has the better moral compass!
Lets check his moral compass. He has repeatedly stated that mother have a right to kill their children in the act of being born (by sucking out their brains and dismembering them) for their own convenience. He has fought for this so-called "right" on the floor of the Senate.
From his website:
"Barack Obama understands that abortion is a divisive issue, and respects those who disagree with him. However, he has been a consistent champion of reproductive choice and will make preserving women's rights under Roe v. Wade a priority as President. He opposes any constitutional amendment to overturn the Supreme Court's decision in that case."
Of course women have a choice. They can choose to not get pregnant. There are many ways to do that. If nothing else, don't do the deed!
But once a woman is pregnant, she is a mother and has a moral obligation to fight for that child, up to and including her own death. Without that, our species will not survive. That has been the moral code since before recorded history.
Most "liberal" policies support the statement that "We have a right to have sex at any time, with anyone, and not suffer any consequences." This actually an extension of the old "Playboy Philosophy" that "sex between consenting adults is ok if no one is hurt."
But it even goes deeper than that. The prohibition of promiscuous sex comes from the Bible, the Word of God. The Bible states in Romans 1:18-ff: "The wrath of God is being revealed from heaven against all the godlessness and wickedness of men who suppress the truth by their wickedness, since what may be known about God is plain to them, because God has made it plain to them. For since the creation of the world God's invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that men are without excuse.
For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. Although they claimed to be wise, they became fools and exchanged the glory of the immortal God for images made to look like mortal man and birds and animals and reptiles.
Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. They exchanged the truth of God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.
Because of this, God gave them over to shameful lusts. Even their women exchanged natural relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed indecent acts with other men, and received in themselves the due penalty for their perversion.
Furthermore, since they did not think it worthwhile to retain the knowledge of God, he gave them over to a depraved mind, to do what ought not to be done. They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; they are senseless, faithless, heartless, ruthless. Although they know God's righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them."
Lets check his moral compass. He has repeatedly stated that mother have a right to kill their children in the act of being born (by sucking out their brains and dismembering them) for their own convenience. He has fought for this so-called "right" on the floor of the Senate.
From his website:
"Barack Obama understands that abortion is a divisive issue, and respects those who disagree with him. However, he has been a consistent champion of reproductive choice and will make preserving women's rights under Roe v. Wade a priority as President. He opposes any constitutional amendment to overturn the Supreme Court's decision in that case."
Of course women have a choice. They can choose to not get pregnant. There are many ways to do that. If nothing else, don't do the deed!
But once a woman is pregnant, she is a mother and has a moral obligation to fight for that child, up to and including her own death. Without that, our species will not survive. That has been the moral code since before recorded history.
Most "liberal" policies support the statement that "We have a right to have sex at any time, with anyone, and not suffer any consequences." This actually an extension of the old "Playboy Philosophy" that "sex between consenting adults is ok if no one is hurt."
But it even goes deeper than that. The prohibition of promiscuous sex comes from the Bible, the Word of God. The Bible states in Romans 1:18-ff: "The wrath of God is being revealed from heaven against all the godlessness and wickedness of men who suppress the truth by their wickedness, since what may be known about God is plain to them, because God has made it plain to them. For since the creation of the world God's invisible qualities—his eternal power and divine nature—have been clearly seen, being understood from what has been made, so that men are without excuse.
For although they knew God, they neither glorified him as God nor gave thanks to him, but their thinking became futile and their foolish hearts were darkened. Although they claimed to be wise, they became fools and exchanged the glory of the immortal God for images made to look like mortal man and birds and animals and reptiles.
Therefore God gave them over in the sinful desires of their hearts to sexual impurity for the degrading of their bodies with one another. They exchanged the truth of God for a lie, and worshiped and served created things rather than the Creator—who is forever praised. Amen.
Because of this, God gave them over to shameful lusts. Even their women exchanged natural relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another. Men committed indecent acts with other men, and received in themselves the due penalty for their perversion.
Furthermore, since they did not think it worthwhile to retain the knowledge of God, he gave them over to a depraved mind, to do what ought not to be done. They have become filled with every kind of wickedness, evil, greed and depravity. They are full of envy, murder, strife, deceit and malice. They are gossips, slanderers, God-haters, insolent, arrogant and boastful; they invent ways of doing evil; they disobey their parents; they are senseless, faithless, heartless, ruthless. Although they know God's righteous decree that those who do such things deserve death, they not only continue to do these very things but also approve of those who practice them."
That should scare him. It scares me.
His moral compass leads straight to the wrath of God.
Saturday, October 25, 2008
Checklist of Contract Clauses
Here is an interesting Checklist of Contract Clauses from labor's view:
Recognition
* Recognition of union as the exclusive bargaining representative.
* Explanation of which employees are in the bargaining unit; status of temporary, seasonal, part-time, and intermittent employees.
* Procedure for including or excluding new classifications from the bargaining unit.
* Restrictions on using non-bargaining unit employees to perform bargaining unit work.
Non-Discrimination
* Prohibition against discrimination on various grounds such as sex, race, creed, color, religion, age, national origin, political affiliation or activity, disability, sexual orientation, or union activity. May specifically prohibit sexual harassment.
* Establishment of union representation on affirmative action or equal opportunity committees, where they exist, with union right to designate or elect representatives.
Union rights
* Access of union officials to workplace.
* Right to engage in union activity at work, right of stewards to conduct union business on work time.
* Right to post and distribute union material (bulletin boards, in-house mail service, e-mail).
* Right of union to conduct or participate in employee orientation sessions.
* Right of elected union officials, stewards, and members to leaves of absence for union business.
Union Security
* Type of union security provision (where permissible): union shop, agency shop (fair share), maintenance of membership.
* Penalty for failure by employee or employer to comply with union security provision.
* Process for obtaining fair share or agency shop fees.
Check-Off
* Procedure for payroll deduction of dues, agency fees, and political contributions to PEOPLE.
Bargaining to Organize
* Neutrality language, guaranteeing that the employer will not oppose union organizing in unorganized facilities or agencies.
* Prohibition on the employer and its agents from certain anti-union tactics.
* Card check language (where permissible), providing that the union will be certified based on a majority card check or similar worker "showing of interest" - an expedited alternative to a formal election.
* Accretion language, providing that new facilities and workers added by the employer will be folded into the contract.
* Successorship language, so that if the employer transfers, delegates, privatizes, or otherwise shifts functions, the work and the workers remain covered by the union contract. (Depending on the circumstances, an expedited recognition process and a new contract may be necessary.)
Note: Contact the Research and Collective Bargaining Services Department for a copy of "Bargaining to Organize: Sample and Model Language," which includes numerous examples in these and other categories. A shorter manual, "Using our Power to Build Power: Bargaining to Organize," is also available.
Management Rights
* The employer will likely propose a section that reserves for management all rights not specifically addressed or limited by the contract.
* The union may want to require negotiations prior to the implementation of any changes in working conditions.
Probation
* Length of probationary period, purpose of probationary period, employee status and rights during probationary period.
Grievance Procedure
* Definition of a grievance.
* Stewards' right to use work time for grievance investigations.
* Employees' right to union representation.
* Explanation of each step in grievance procedure and time limits at each step.
Arbitration
* Procedure for selecting arbitrators.
* Agreement on payment of arbitrator.
* Authority of arbitrator to issue final and binding decisions.
* Time limits.
* Expedited arbitration.
Hours of Work, Schedules, and Overtime
* Number of hours in work week and work day.
* Procedure for scheduling.
* Alternative work schedules/flex-time.
* Definition of overtime, pay or compensatory time off, advance notice of overtime, right to refuse overtime, procedures for offering or assigning overtime (connected to seniority rights).
* Staffing and workload standards.
* Meal and rest periods.
* Cleanup and work preparation time.
* Travel time.
Pay Differentials
* Shift schedules and shift differentials.
* Weekend differential.
* Standby or "on-call" pay.
* Reporting/call-back pay.
* Roll call pay.
Seniority
* Definition of seniority -- with employer, in classification, in agency or department.
* Procedure for determining seniority for employees hired on the same day.
Layoff and Recall
* Procedures for layoff based on seniority provisions.
* Prior notification to union of layoffs, right of union to offer alternative proposals or plans.
* Rights of employees to bump into positions of less senior employees.
* Procedures for recalling employees; duration of recall list.
Filling of Vacancies
* Posting of vacancies, procedures for bidding.
* Rules for awarding promotions or transfers, requirement that qualifications be job-related, role of seniority among qualified bidders.
* Provision for trial period with right to return to previous position.
Discipline and Discharge
* Prohibition of discipline or discharge without just cause.
* Establishment of progressive discipline (oral warning, written warning, suspension, discharge), and consideration of mitigating factors.
* List of acts which can result in immediate discharge.
* Notice to union of disciplinary actions.
* Protection for whistle-blowers.
* Notice to employee of right to union representation during potential discipline interview, guarantee to stop interview until representation is provided.
* Limits on employer investigation tactics (e.g., polygraphs or computer voice stress analysis).
Personnel Records
* Employee access to records, right to rebut entries in writing, right to authorize steward or other union representative access to records for grievance processing or other union business, limitation on disclosure of records.
* Limit on time that negative material can remain in file, consistent rules for removing items.
Performance Evaluation
* Criteria for evaluations.
* Frequency of evaluations.
* Right of employee to receive copies of evaluations.
* Right to rebut or grieve performance evaluations.
* Limitations on use of performance evaluations (e.g., not to determine pay, bidding rights, etc.).
Holidays
* Days per year (with dates listed).
* Pay for working on a holiday, right to equivalent time off.
* Number of personal days per year and procedure for using.
* Procedures for assigning holiday work.
* Special circumstances, e.g., one-time holidays declared by the President or Governor.
Vacation
* Days accrued per year.
* Right to take accrued vacation.
* Procedure and time of year for scheduling.
* Role of seniority in scheduling vacations.
* Right to carry over vacation to next year and amount which can be carried over.
* Procedure for payment upon death, resignation, or retirement of employee.
* Pro-rated vacation for part-time employees.
Sick Leave
* Days accrued per year and maximum accumulation.
* Right to use for doctor's appointments.
* Right to use for ill family members.
* Provision for cash out of sick leave.
* Provision for sick leave bank.
* Pro-rated sick leave for part-time employees.
* Interaction of sick leave policy with Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA).
* Documentation required for sick leave; protections of employee privacy rights.
Leaves of Absence
* Right to take leave, administrative rules for requesting leave, duration of leave, pay during leave, continuation of benefits during leave, and reinstatement after leave.
* Parental leave, including adoption leave.
* Elder care leave.
* Bereavement leave: relatives or household members covered, number of days, extra time when travel required.
* Educational leave, leave to attend professional meetings, sabbaticals.
* Leave for jury duty.
* Military leave with responsibility of employer to hold open same job, shift, other conditions.
* Leave for union business.
* Leave for voting.
* Hostage leave.
* Family and Medical Leave: benefits, if any, in addition to those in law (e.g., longer period of paid leave than required by law), description of employee and employer rights and responsibilities under law.
Job Classifications
* Right of employees to job description.
* Procedure for requesting reclassification and appealing decision.
* Procedure for offering and assigning out-of-class work.
* Pay for working out of classification.
* Time limits on working out of classification.
* Provision for job evaluation and/or pay equity studies.
* Light duty assignments for injured workers.
Wages
* Wage schedule, including step increases.
* Across the board increases for each year of contract.
* Pay for temporary promotion.
* Schedule of pay days.
* Cost-of-living adjustments.
* Longevity pay.
* Severance pay.
* Bilingual pay.
* Lead worker differential.
* Credential/license pay, e.g., commercial drivers license (CDL), continuing education units.
* Pay equity and/or reclassification increases.
* Retroactivity, if any.
Bargaining *Contingency Plans*
* Gainsharing language — linking some part of pay to achievement of certain savings, quality, or productivity goals.
* "If/come" language — providing that if certain conditions occur (such as the employer achieving a budget surplus), a certain raise will be triggered.
* Lump sum or bonus payments — dollar amounts that do not increase base pay.
Note: These tactics should be seen as last resorts when traditional increases cannot be obtained. For more information, see "Bargaining in Uncertain Times."
Benefits
* Health insurance: medical plans offered; employer and employee (if any) contribution to premium payments; supplemental coverage including dental care, vision care, and prescription drug coverage.
* Health care cost containment measures.
* Flexible spending accounts.
* Life insurance.
* Short- and long-term disability insurance.
* Pension plan: details on benefit calculation, vesting rules, early retirement penalties, employer and employee (if any) contributions, etc. (Note: Pensions are addressed in legislation rather than collective bargaining in many jurisdictions.)
* Union health and welfare fund, if any.
* Benefits for part-time, temporary, and seasonal workers; benefits for domestic partners.
* Tax-free savings plan (similar to a 401(k) plan) — in addition to, not instead of, pension plan.
Health and Safety
* Duty of employer to provide healthy and safe working environment.
* Labor/management health and safety committee, with right of union to select members.
* Provision of protective equipment/clothing.
* Protection against hazards of technological equipment.
* Right to refuse hazardous work.
Note: For more information, see "Safety and Health" Checklist.
New Technology
* Advance notice to union when a major technology change is being considered.
* Right of union to suggest alternatives, sit on design or implementation committee, select workers on labor-management teams, etc.
* Training and retraining provisions, right of first refusal and other protections for incumbents.
* Protections against electronic monitoring.
Prohibition of or Limits on Drug Testing
* Testing only based on reasonable suspicion, documentation of reasonable suspicion required.
* Testing by accredited laboratories, description of testing procedures and relevant regulations.
* Assistance for those with substance abuse problem.
Education and Training
* Statement of employer commitment to internal mobility.
* In-service training programs, apprenticeship programs.
* Educational leave, leave to take civil service exams.
* Tuition reimbursement or tuition pre-payment, career counseling.
* Courses at worksites offered during paid time.
* Allocation of money to pay for career mobility programs.
* Establishment of career ladder language or committee to investigate the issue.
Child Care/Elder Care
* Labor/management committee, resource and referral program, subsidy, on-site center, dependent care assistance plan.
Employee Assistance Program (EAP)
* Confidential program to help employees deal with personal problems, including drug and alcohol abuse.
Labor/Management Committee
* Scope of committee, equal representation of labor and management, meetings and activities on work time, right of union to appoint or elect its representatives, prohibition on LMC dealing with bargaining-related subjects.
Uniforms and Tools
* Allowance for or provision of uniforms and/or tools for affected employees.
Inclement Weather
* Notification of closings
* Personnel who must report, and pay for reporting.
Travel Regulations and Expense Reimbursement Procedures Past Practices
* Provision continuing past practices of employer.
Sub-Contracting
* Prohibition of, or limits on, subcontracting.
No Strike/No Lockout
* Bar on union strikes or employer lockouts during the life of the contract.
Savings Clause
*Provision which states that if any part of the contract is found to be unlawful or invalid, the rest of the contract will remain in force, and the parties will negotiate substitute language for the invalidated portion.
*Zipper* Clause
* Management is likely to propose a prohibition on additional bargaining during the life of the contract, i.e., a statement that the contract is the complete agreement between the parties.
Duration of the Agreement
* Beginning and ending dates of the contract.
Recognition
* Recognition of union as the exclusive bargaining representative.
* Explanation of which employees are in the bargaining unit; status of temporary, seasonal, part-time, and intermittent employees.
* Procedure for including or excluding new classifications from the bargaining unit.
* Restrictions on using non-bargaining unit employees to perform bargaining unit work.
Non-Discrimination
* Prohibition against discrimination on various grounds such as sex, race, creed, color, religion, age, national origin, political affiliation or activity, disability, sexual orientation, or union activity. May specifically prohibit sexual harassment.
* Establishment of union representation on affirmative action or equal opportunity committees, where they exist, with union right to designate or elect representatives.
Union rights
* Access of union officials to workplace.
* Right to engage in union activity at work, right of stewards to conduct union business on work time.
* Right to post and distribute union material (bulletin boards, in-house mail service, e-mail).
* Right of union to conduct or participate in employee orientation sessions.
* Right of elected union officials, stewards, and members to leaves of absence for union business.
Union Security
* Type of union security provision (where permissible): union shop, agency shop (fair share), maintenance of membership.
* Penalty for failure by employee or employer to comply with union security provision.
* Process for obtaining fair share or agency shop fees.
Check-Off
* Procedure for payroll deduction of dues, agency fees, and political contributions to PEOPLE.
Bargaining to Organize
* Neutrality language, guaranteeing that the employer will not oppose union organizing in unorganized facilities or agencies.
* Prohibition on the employer and its agents from certain anti-union tactics.
* Card check language (where permissible), providing that the union will be certified based on a majority card check or similar worker "showing of interest" - an expedited alternative to a formal election.
* Accretion language, providing that new facilities and workers added by the employer will be folded into the contract.
* Successorship language, so that if the employer transfers, delegates, privatizes, or otherwise shifts functions, the work and the workers remain covered by the union contract. (Depending on the circumstances, an expedited recognition process and a new contract may be necessary.)
Note: Contact the Research and Collective Bargaining Services Department for a copy of "Bargaining to Organize: Sample and Model Language," which includes numerous examples in these and other categories. A shorter manual, "Using our Power to Build Power: Bargaining to Organize," is also available.
Management Rights
* The employer will likely propose a section that reserves for management all rights not specifically addressed or limited by the contract.
* The union may want to require negotiations prior to the implementation of any changes in working conditions.
Probation
* Length of probationary period, purpose of probationary period, employee status and rights during probationary period.
Grievance Procedure
* Definition of a grievance.
* Stewards' right to use work time for grievance investigations.
* Employees' right to union representation.
* Explanation of each step in grievance procedure and time limits at each step.
Arbitration
* Procedure for selecting arbitrators.
* Agreement on payment of arbitrator.
* Authority of arbitrator to issue final and binding decisions.
* Time limits.
* Expedited arbitration.
Hours of Work, Schedules, and Overtime
* Number of hours in work week and work day.
* Procedure for scheduling.
* Alternative work schedules/flex-time.
* Definition of overtime, pay or compensatory time off, advance notice of overtime, right to refuse overtime, procedures for offering or assigning overtime (connected to seniority rights).
* Staffing and workload standards.
* Meal and rest periods.
* Cleanup and work preparation time.
* Travel time.
Pay Differentials
* Shift schedules and shift differentials.
* Weekend differential.
* Standby or "on-call" pay.
* Reporting/call-back pay.
* Roll call pay.
Seniority
* Definition of seniority -- with employer, in classification, in agency or department.
* Procedure for determining seniority for employees hired on the same day.
Layoff and Recall
* Procedures for layoff based on seniority provisions.
* Prior notification to union of layoffs, right of union to offer alternative proposals or plans.
* Rights of employees to bump into positions of less senior employees.
* Procedures for recalling employees; duration of recall list.
Filling of Vacancies
* Posting of vacancies, procedures for bidding.
* Rules for awarding promotions or transfers, requirement that qualifications be job-related, role of seniority among qualified bidders.
* Provision for trial period with right to return to previous position.
Discipline and Discharge
* Prohibition of discipline or discharge without just cause.
* Establishment of progressive discipline (oral warning, written warning, suspension, discharge), and consideration of mitigating factors.
* List of acts which can result in immediate discharge.
* Notice to union of disciplinary actions.
* Protection for whistle-blowers.
* Notice to employee of right to union representation during potential discipline interview, guarantee to stop interview until representation is provided.
* Limits on employer investigation tactics (e.g., polygraphs or computer voice stress analysis).
Personnel Records
* Employee access to records, right to rebut entries in writing, right to authorize steward or other union representative access to records for grievance processing or other union business, limitation on disclosure of records.
* Limit on time that negative material can remain in file, consistent rules for removing items.
Performance Evaluation
* Criteria for evaluations.
* Frequency of evaluations.
* Right of employee to receive copies of evaluations.
* Right to rebut or grieve performance evaluations.
* Limitations on use of performance evaluations (e.g., not to determine pay, bidding rights, etc.).
Holidays
* Days per year (with dates listed).
* Pay for working on a holiday, right to equivalent time off.
* Number of personal days per year and procedure for using.
* Procedures for assigning holiday work.
* Special circumstances, e.g., one-time holidays declared by the President or Governor.
Vacation
* Days accrued per year.
* Right to take accrued vacation.
* Procedure and time of year for scheduling.
* Role of seniority in scheduling vacations.
* Right to carry over vacation to next year and amount which can be carried over.
* Procedure for payment upon death, resignation, or retirement of employee.
* Pro-rated vacation for part-time employees.
Sick Leave
* Days accrued per year and maximum accumulation.
* Right to use for doctor's appointments.
* Right to use for ill family members.
* Provision for cash out of sick leave.
* Provision for sick leave bank.
* Pro-rated sick leave for part-time employees.
* Interaction of sick leave policy with Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA).
* Documentation required for sick leave; protections of employee privacy rights.
Leaves of Absence
* Right to take leave, administrative rules for requesting leave, duration of leave, pay during leave, continuation of benefits during leave, and reinstatement after leave.
* Parental leave, including adoption leave.
* Elder care leave.
* Bereavement leave: relatives or household members covered, number of days, extra time when travel required.
* Educational leave, leave to attend professional meetings, sabbaticals.
* Leave for jury duty.
* Military leave with responsibility of employer to hold open same job, shift, other conditions.
* Leave for union business.
* Leave for voting.
* Hostage leave.
* Family and Medical Leave: benefits, if any, in addition to those in law (e.g., longer period of paid leave than required by law), description of employee and employer rights and responsibilities under law.
Job Classifications
* Right of employees to job description.
* Procedure for requesting reclassification and appealing decision.
* Procedure for offering and assigning out-of-class work.
* Pay for working out of classification.
* Time limits on working out of classification.
* Provision for job evaluation and/or pay equity studies.
* Light duty assignments for injured workers.
Wages
* Wage schedule, including step increases.
* Across the board increases for each year of contract.
* Pay for temporary promotion.
* Schedule of pay days.
* Cost-of-living adjustments.
* Longevity pay.
* Severance pay.
* Bilingual pay.
* Lead worker differential.
* Credential/license pay, e.g., commercial drivers license (CDL), continuing education units.
* Pay equity and/or reclassification increases.
* Retroactivity, if any.
Bargaining *Contingency Plans*
* Gainsharing language — linking some part of pay to achievement of certain savings, quality, or productivity goals.
* "If/come" language — providing that if certain conditions occur (such as the employer achieving a budget surplus), a certain raise will be triggered.
* Lump sum or bonus payments — dollar amounts that do not increase base pay.
Note: These tactics should be seen as last resorts when traditional increases cannot be obtained. For more information, see "Bargaining in Uncertain Times."
Benefits
* Health insurance: medical plans offered; employer and employee (if any) contribution to premium payments; supplemental coverage including dental care, vision care, and prescription drug coverage.
* Health care cost containment measures.
* Flexible spending accounts.
* Life insurance.
* Short- and long-term disability insurance.
* Pension plan: details on benefit calculation, vesting rules, early retirement penalties, employer and employee (if any) contributions, etc. (Note: Pensions are addressed in legislation rather than collective bargaining in many jurisdictions.)
* Union health and welfare fund, if any.
* Benefits for part-time, temporary, and seasonal workers; benefits for domestic partners.
* Tax-free savings plan (similar to a 401(k) plan) — in addition to, not instead of, pension plan.
Health and Safety
* Duty of employer to provide healthy and safe working environment.
* Labor/management health and safety committee, with right of union to select members.
* Provision of protective equipment/clothing.
* Protection against hazards of technological equipment.
* Right to refuse hazardous work.
Note: For more information, see "Safety and Health" Checklist.
New Technology
* Advance notice to union when a major technology change is being considered.
* Right of union to suggest alternatives, sit on design or implementation committee, select workers on labor-management teams, etc.
* Training and retraining provisions, right of first refusal and other protections for incumbents.
* Protections against electronic monitoring.
Prohibition of or Limits on Drug Testing
* Testing only based on reasonable suspicion, documentation of reasonable suspicion required.
* Testing by accredited laboratories, description of testing procedures and relevant regulations.
* Assistance for those with substance abuse problem.
Education and Training
* Statement of employer commitment to internal mobility.
* In-service training programs, apprenticeship programs.
* Educational leave, leave to take civil service exams.
* Tuition reimbursement or tuition pre-payment, career counseling.
* Courses at worksites offered during paid time.
* Allocation of money to pay for career mobility programs.
* Establishment of career ladder language or committee to investigate the issue.
Child Care/Elder Care
* Labor/management committee, resource and referral program, subsidy, on-site center, dependent care assistance plan.
Employee Assistance Program (EAP)
* Confidential program to help employees deal with personal problems, including drug and alcohol abuse.
Labor/Management Committee
* Scope of committee, equal representation of labor and management, meetings and activities on work time, right of union to appoint or elect its representatives, prohibition on LMC dealing with bargaining-related subjects.
Uniforms and Tools
* Allowance for or provision of uniforms and/or tools for affected employees.
Inclement Weather
* Notification of closings
* Personnel who must report, and pay for reporting.
Travel Regulations and Expense Reimbursement Procedures Past Practices
* Provision continuing past practices of employer.
Sub-Contracting
* Prohibition of, or limits on, subcontracting.
No Strike/No Lockout
* Bar on union strikes or employer lockouts during the life of the contract.
Savings Clause
*Provision which states that if any part of the contract is found to be unlawful or invalid, the rest of the contract will remain in force, and the parties will negotiate substitute language for the invalidated portion.
*Zipper* Clause
* Management is likely to propose a prohibition on additional bargaining during the life of the contract, i.e., a statement that the contract is the complete agreement between the parties.
Duration of the Agreement
* Beginning and ending dates of the contract.
Monday, October 20, 2008
The Five Dysfunctions of a Team
A good team is a precious thing, the book, The Five Dysfunctions of a Team: A Leadership Fable, really brings to light how difficult it is to get a good team together and working well. You know when you are apart of a good team and when the team needs work.
The book lists the five dysfunctions of a Team:
1. The first dysfunction is an absense of trust among team members. Essentially, this stems from their unwillingness to be vulnerable within the group. Team members who are not genuinely open with one another about their mistakes and weaknesses make it impossible to build a foundation for trust.
2. This failure to build trust is damaging because it sets the tone for the second dysfunction: fear of conflict. Teams that lack trust are incapable of engaging in unfiltered and passionate debate of ideas. Instead they resort to veiled discussions and guarded comments.
3. A lack of healthy conflict is a problem because it ensures the third dysfunction of a team: lack of commitment. Without having aired their opinions in the course of passionate and open debate, team member rarely, if ever, buy in and commit to decisions, though they may feign agreement during meetings.
4. Because of this lack of real commitment and buy-in, team members develop an avoidance of accountability, the fourth dysfunction. Without committing to a clear plan of action, even the most focused and driven people often hesitate to call their peers on actions and behaviors that seem counterproductive to the good of the team.
5. Failure to hold one another accountable creates an environment where the fifth dysfunction can thrive. Inattention to results occurs when team members put their individual needs (such as ego, career development, or recognition) or even the needs of their divisions above the collective goals of the team.
Truly cohesive teams are obvious
1. They trust one another
2. They engage in unfiltered conflict around ideas
3. They commit to decisions and plans of actions.
4. They hold one another accountable for delivering against those plans.
5. They focus on the achievenment of collective results.
This was found at http://www.anticlue.net/archives/000279.htm
Thursday, October 02, 2008
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