Five questions to ask before you discipline for blogging

Social media is everywhere. Even if your business isn’t on Facebook, your employees certainly are. So, how should you deal with employees who express frustration or anger about your business on the Internet? Do you discipline them or just let it go?

Two Jackson-Lewis attorneys offered some advice in August at the SHRM Annual Conference and Exhibition in Las Vegas. Here are five questions they suggest you ask yourself when deciding whether or how to discipline an employee:

1. Was the employee engaging in protected “concerted activity” under the National Labor Relations Act?
2. Is the employee protected under a “whistleblower” statute?
3. Was the communication related to political activities or affiliations?
4. Was the employee engaging in “legal off-duty activity” protected by state law or illegal activity?
5. Does the employee have a potential discrimination claim?

The NLRA states the following regarding social media use: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities (that’s the piece that trips us up as employers) for the purpose of collective bargaining or other mutual aid or protection…”

Remember, act cautiously AND take the emotion out of your decision – they may have hurt your feelings but… Be sure that your policies and decisions do not have a “chilling effect” on employee expression, and weigh all of your options before terminating an employee based on online postings. (And, when in doubt, be sure to make a quick consult with legal counsel if you think you MAY be crossing the line!)

Are you wasting time interviewing the WRONG people? Learn the tricks to finding QUALIFIED candidates. Get tips here.

Hiring Our Heroes

With unemployment at unprecedented rates, “Hiring Our Heroes” is a beacon of opportunity for thousands of veterans nationwide.

The U.S. Chamber of Commerce launched their Hiring Our Heroes program in March 2011. The program, made possible through a partnership with the Joining Forces initiative, aims to hire over one million unemployed military veterans and their spouses. In the next year, they will be hosting 100 hiring fairs with local chambers of commerce across the nation.

Veterans commit their lives to us when they fight on our behalf, and we have a responsibility to show our thankfulness upon their return. When returning from duty, these individuals are armed with leadership and critical-thinking skills, the ability to perform under pressure, a respect for rules, and a goal- and team-oriented sensibility, which are all key qualities of an ideal job candidate. These veterans are primed and ready for the job market, and Hiring Our Heroes intends to connect them with a job that fits their unique skill set.

This initiative complements the president’s jobs proposal that offers tax credits for employers who hire veterans. According to an August press release, “the proposal would offer businesses a maximum tax credit of $2,400 for unemployed veterans hired to fill temporary jobs and $4,800 for those hired to fill full-time permanent positions.”

To date, the Hiring Our Heroes program has already worked with 20 local Chambers to host hiring fairs, bringing together more than 20,000 veterans and military spouses with 1,000 different employers in 16 states. To learn more about the initiative or to find a hiring fair near you, visit the U.S. Chamber of Commerce’s website here: http://www.uschamber.com/veterans

NLRB: Private employers must post employees’ right to organize

The National Labor Relations Board has instituted a new law requiring all private employers to post information about an employees’ right to unionize. Here’s what you need to know about compliance and issues surrounding the new law:

 About the law

Effective November 14, 2011, private-sector employers will be required to post this information where other workplace-related information is typically posted. As a private-sector employer, you should…

• Contact the NLRB or download the poster from their website to ensure that it is posted by November 14, 2011
• Prepare to post the information on an intranet or employee internet if you typically post employee policies there
• Determine what languages must be posted. If at least 20% of employees are not proficient in English, you must post it in another language.
• Learn more about the law from the NLRB (http://www.nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights) 

Issues surrounding the NLRB regulation

Although the law attempts to inform employees about their rights, this regulation is far too overreaching for the NLRB to enforce. The new law clearly places unionizing in a favorable light, and by requiring employers to post that information, they are asking them to promote the right to unionize.

This affects over six million employers and appears to force them to promote a pro-union sentiment in their organization. The government is inserting itself into private business matters for their own gain, which is a dangerous practice. On the other side of that coin, this enables employers to truly develop an effective, positive employee relations communication message that “you do NOT need a representative to deal with me – I will deal with you fairly as an individual, one-on-one.”

NLRB board member Brian Hayes rejects the law on the following grounds: “the Board does not have the authority to promulgate a notice posting rule, the rule is arbitrary and capricious in any event, and the rule is an improper attempt ‘to reverse the steady downward trend in union density among private sector employees in the non-agricultural American workforce.’ ” (adapted from Franczek Radelet, August 26, 2011).

At HR Resolutions, we agree with Mr. Hayes’ assessment of the new regulation. President Karen Young is an avid opponent of this law and determined to fight for your right as an employer. She will travel to Washington D.C. at the end of the month to voice her concerns. In the mean time, she highly recommends employers begin to develop their communication piece for employees where they emphasize their desire to remain union free and work one-on-one to help their employees with their issues and concerns

The Biggest Mistake in Hiring

No kidding, hiring is a bit like dating. Everyone is on their best behavior and it’s an exciting time to bring the “newbie” who is going to work wonders in the company. And, sometimes we get lucky and find our perfect person.

But more often than not, we find that there are warts on our Prince and somehow we missed that in the early stages.

Hiring too fast is often the biggest mistake small to mid-size companies make. Sometimes it’s lack of planning, sometimes it’s an urgent need brought on by new business; but whatever the situation hiring in desparation will always end up a disaster.

You’ll be left shaking your head in dispair and another person will have cycled through your business. Having an HR plan can alleviate your biggest hiring mistake. Using an outside firm, like ours, can give you the benefit of objective insight that will guide you through the hiring process so that you aren’t alone in assessing potential employees.

We can help you with testing, interviewing, background checks and training when the “perfect one” comes on board. Give us a call. Let’s talk before you make another hiring mistake.

Karen Young HR Resolutions® LLC

5441 Jonestown Rd. Harrisburg, PA 17112

Phone: 717-652-5187

Fax: 717-652-2187

karen@hrresolutions.com

www.hrresolutions.com

Teleconference: The HR Tool Kit

Thanks for registering for our teleconference: “The HR Tool Kit: What’s HR Anyway?”  Click on the link below to access the accompanying PowerPoint presentation.

Tool Kit_What IS HR anyway 5.09

“See you” on Tuesday, May 26th at 11:00 a.m. (EST).

Karen Young, HR Resolutions

Keys to Effective Hiring

In a recent article on hiring, Matthew O’Connell of Select International, Inc. gave these tips that we thought might be helpful for you.

• Identify what really needs to be evaluated.

Assessing candidates based on 25 competencies might work for some organizations, but that approach isn’t appropriate for all, 10 good ones is enough.

• Don’t put all your eggs in one basket.

Simply put, don’t just give a personality test. Or just conduct an interview. Because performance is multifaceted, a single assessment method just isn’t enough to accurately predict performance.

• Use assessment tools appropriately.

Don’t use cognitive ability tests to measure personality, and don’t use personality tests to measure how well someone can solve problems. Different tools serve different purposes, and you need to know which to use and when

• Put the least expensive tools up front.

In addition to identifying the most qualified candidates, an effective selection system also saves your organization money by reducing the time spent on applicants who are not qualified or would be a poor fit.

• Look at accuracy, time and cost.

Focus your attention first and foremost on accuracy, followed by tim involved for both your organization and the applicant, and lastly cost, the cheapest isn’t necessarily the best.

• Measure the results.

Are we doing a better job than we were a year ago?

What changes can we implement to make sure we’re doing even better a year from now?

How accurate have we been in making good hires?

How many bad hires have there been?

What do the bad hires tend to have in common with each other?

Here at HR Resolutions we work with clients to help them through the hiring process so that they are surrounded by the best people possible. Developing a good team starts with hiring right. Let us know if we can help.

Can the Swine Flu infect your business?

With the Swine Flu all over the news and other illnesses such as the Bird Flu looming over our shoulders, does the thought ever pop into your head…

“What happens if no one comes to work?”

If so, you are moving in the correct direction. If no thought or planning has gone into this issue and another pandemic comes around, a business owner or manager could be left stuck with no workers and no plan to implement.

It’s estimated that, during a pandemic, 40% of your workforce will be either sick, caring for a sick loved one, or too afraid to come to work due to fear of getting sick. What will you do when 40% of your employees do not show up to work on Monday morning?

It’s best if every company implements a Business Continuity Plan, such as major companies like Sprint, Microsoft, and IBM. Sprint has an Emergency Incident Management team as part of their Business Continuity Plan and many companies have restricted travel when alert levels rise to a specific number. Another option that IBM started in 2006 is to do an assessment of how many employees can work from home and what skills can be covered by other employees if someone were to get sick.

Whatever the Business Continuity Plan includes, it is a necessary tool for each company, large and small. If you need assistance creating a Business Continuity Plan you can get help from the PA Department of Health or call us to help you devise your plan so you are prepared for any pandemic that may hit.

Karen Young Re-certified as Senior HR Professional

Harrisburg, PA –Karen Young, President of HR Resolutions recently earned re-certification as a Senior Profession in Human Resources (PHR).

The certification, awarded by the HR Certification Institute, signifies that Karen Young possesses the theoretical knowledge and practical experience in human resource management necessary to pass a rigorous examination demonstrating a mastery of the body of knowledge in the field.

“Certification as a human resource professional clearly demonstrates a commitment to personal excellence and to the human resource profession,” said Mary Power, CAE, Executive Director of the HR Certification Institute.

To become certified, an applicant must pass a comprehensive examination and demonstrate a strong background of professional human resource experience.

The HR Certification Institute is the credentialing body for human resource professionals and is affiliated with the Society for Human Resource Management (SHRM), the world’s largest organization dedicated exclusively to the human resource profession.  The Institute’s purpose is to promote the establishment of professional standards and to recognize professionals who meet those standards.

Teleconference PowerPoint Download

“Performance Evaluations:  From Management Cruel to Management Tool” is our next teleconference on Tuesday, March 24th, 2009 at 11:00 a.m. EST.

Click on the following link to download the PowerPoint portion of our presentation:  performance-evaluations_isb-teleconference

You can still register by clicking here.

Employee Free Choice Act Introduced

Federal Legislative Action Alert! (3.10.09)

Today, the Employee Free Choice Act was introduced in Congress!  The bill was sponsored by Representative George Miller (D-CA), the House Education and Labor Committee Chair, and Senator Tom Harkin (D-MA).

The legislation would amend the National Labor Relations Act to allow unions to use the “card check” process – and bypass the secure, private election format – each time they attempt to organize workers.

Background

The National Labor Relations Act currently provides two opportunities for employees to decide whether or not to form or join a union:

1. Private ballot election – When a union receives a majority of votes through a secret ballot election administered by the National Labor Relations Board, the union is certified as the sole bargaining agent on behalf of the employees, or  
2. “Card check” recognition – When a union receives at least 30 percent of signed authorization cards, the employer can request that a private ballot election be held.  (When a union receives at least 50 percent of signed cards, the employer can either recognize the union immediately or request an election.)

Legislation

The EFCA would dramatically change federal labor law.  The legislation would allow a union to bypass the election process after collecting authorization cards from a majority of employees.  Thus, employers would lose the right to request that an election be held.

If enacted into law, EFCA would:

• Eliminate employees’ opportunity to vote in a federally-administered, private ballot election;
• Require binding arbitration within 120 days after a union is certified through a signed card collection process, if the employer and the union are unable to reach an agreement;
• Restrict an employer’s communications to employees about the workplace issues involved in the union organizing drive; and
• Create new fines against employers for an expanded list of unfair labor practices

SHRM supports the basic rights of all employees to decide freely whether or not to join a union.  However, we strongly believe that a federally-supervised, private ballot election is the best way for employees to make this decision.

In addition, SHRM believes the mandatory binding arbitration called for under EFCA could impose unwanted employment conditions on both employees and employers.  So in sum, employees could simultaneously lose their rights to vote on union representation and to approve workplace contracts.

 Action Needed

Already this year, SHRM members have sent more than 20,000 letters to Members of Congress expressing opposition to EFCA.  You may still write your elected officials using SHRM’s HR Voice program by clicking HERE.