Workforce Management
April 2009
Commentary: Most organizations that are concerned about increases in litigation, EEOC charges and potential union organizing activity look at each area of new or enhanced risk and devise separate strategies to address them. But they often are attacking the symptoms, not the real and very common problem: leadership misbehavior. Here is a more holistic approach to the workplace issues that keep you up at night. By Stephen M. Paskoff
2009 is proving to be a time of intense trial for organizations and for the people who work in them. The worst economic climate in decades is intersecting with a new administration in Washington, whose intent it is to bring about greater workplace and business regulation. Even though this combination of forces brings great challenges, I believe that leaders can actively build upon the progress that their organizations have made and keep the commitments they have pledged for the future without disrupting operations or even incurring great expense. In fact, those commitments are more important than ever if leaders intend to weather the economic and legislative changes of the upcoming year.
The complex issues we face require leaders to do their jobs in a consistent and professional way. Of course, this will not just happen by itself. Organizations must adopt a simple, clear leadership behavior strategy. This strategy is as important as the individual steps leaders will take to review policies and communicate new standards as they arise.
In truth, many organizations have sorely tested the trust of their workforces in recent years, and employees are not only anxious about their jobs, but doubt that they can rely on their employers for honest communication and professional treatment. Employers can best deal with these perceptions if they communicate truthfully, listen carefully to employees’ concerns, address problems promptly and act professionally. None of these standards require financial outlay. Leaders must just follow clear, specific behaviors to fulfill them. The challenge lies in ingraining these behaviors in the organization so they apply to all the actions, initiatives and workday responsibilities of leaders at all levels. Only then can organizations prevent problems that can arise across an increasing range of the issues that are being invoked by the debilitated economy and the political changes that are now taking place and beginning to affect businesses nationwide.
2008’s financial meltdown continues to exert economic pressures, causing further job cuts and business contraction. Some people, in the midst of such crises, will search for means to protect themselves. Some will just try to get even. Charges and lawsuits typically rise in recessions. In fact, EEOC discrimination claims in 2008 were already at their highest level since 1992. The economy’s downward spiral, marked by steep unemployment and tanking financial markets, increases the odds that these claims will surge even higher. Furthermore, as a reaction to remote and disengaged leadership, union organizing efforts this year will be an increasingly attractive option for disaffected employees.
The Obama administration has stated its commitment to not only turn around the economy but to act swiftly to regulate business more aggressively than the previous administration. Regulatory developments will give employees new avenues for administrative and judicial relief that we have not seen for many years. At this moment, provisions are either already in place (Title VII, FMLA and ADA) or contemplated (FLSA) to strengthen existing laws.
Next up is the Employee Free Choice Act, which was reintroduced in the House of Representatives on March 9 and which President Barack Obama has indicated he will support, in some form. At this writing, its chances of passage are not certain, given that 41 Senate Republicans have indicated they will filibuster to prohibit a final vote. The measure went down in 2007 on such a move. But if the act is passed in any of the forms that have been discussed so far, it will greatly facilitate union organizing and increase the risk to employers who try to combat union drives in their workplaces. In other areas of business, from occupational safety to securities, increased regulatory provisions are being planned.
Full Story: http://www.workforce.com/archive/feature/26/37/42/index.php
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