Reengineering the Employee Relations Program

1

• Reengineering the Employee Relations Program

Thomas Mulhern and Michael Ellis Office of Human
Capital Employee Relations Programs Transaction
al and Transformative Processes
2
Reengineering the ER Program

• TSA Approach to Employee Relations
• Utilizing ATSA Flexibilities
• Case Tracking and Measurements

3
Overarching Themes For Creating a Culture of
Accountability and Ownership

• Exercise managerial Rights but work the
  Interests
• Managers are accountable to address issues.
  Employees are responsible for the outcome
• In all matters, practice the three Cs
  (Communication, Cooperation, and Conflict
  Management) and the four Rs ( Recognize,
  Respond, Resolve and Reflect)
• Understand the 80/20 Rule
• Focus on Employee Problems versus Problem
  Employees

4
Leadership Problem Solving Model
INCIDENT
FACT FINDING
REVIEW
DISCUSSION
ATTITUDE
PERFORMANCE
ENVIRONMENT
NO
TRAINING
YES
FIX
CHANGE
CHANGE
CORRECTIVE
IBPS
ACTION/DISCIPLINE
SMART AGREEMENT
5
HR Flexibilities-Employee Relations
6
TSA Expedited Discipline Process
Type Risk Process Category A High
Risk Expedited Theft / Drugs Termination C
ategory B Zero Tolerance Actions
Expedited Significant Risk Indefinite
Suspension 2 Step Category C 3
days ATSA Expedited Routine 1st offense 1
Step Category D Significant
Actions gt 3 days Progressive Traditional D
iscipline, 2 Step Process Mitigation
Factors
7
ER Accountability and Assessment Program
8
Success Factors

• Fundamental Fairness
• Management Readiness
• Maximum Employee Availability
• Compliance

9
Fundamental Fairness

• Criteria
• Timeliness
• Due Process
• Appropriateness of actions

10
Fundamental Fairness

• Timeliness Standard
• The time from the incident to initial action
  (e.g., 1st step grievance decision, proposal in a
  two step action, IBPS agreement) is no more than
  20 calendar days, 80 of the time.
• The time from the proposal to the decision is no
  more than 15 calendar days, 90 of the time
  (excluding cases where the employee has requested
  and been granted an extension of time to reply)
• 3. The time between filing or elevating a
  grievance to the next step, and issuance of the
  related decision is in accordance with TSA policy
  100 of the time.

11
Fundamental Fairness

• Due Process Standard
• 1. All due process steps are followed in each
  case 100 of the time.

12
Fundamental Fairness

• Appropriateness of Action
• Standard
• No more than 10 of appealed cases are reversed
  or modified by the DRB due to reasonableness of
  penalty or insufficient evidence.
• 2. 40 of all actions are resolved/addressed
  through IBPS (at least 3/4 of these resolutions
  are non-disciplinary, and no more than ¼ are
  mitigated disciplinary actions)

13
Fundamental Fairness

• Appropriateness of Action
• Standard
• 3. The percentage of involuntary separations,
  (disciplinary terminations, removals, and
  resignations in lieu of, is not greater than 8
  of the workforce.
• 4. At least 20 of grievance decisions provide
  full or partial relief.

14
Managerial Readiness

• Criteria
• ER Training
• Utilization of Problem Solving Model

15
Managerial Readiness

• ER Training Standard
• 80 of all supervisors receive basic supervisory
  training each year, with 100 receiving it within
  two years.
• 2. 80 of all managers receive managerial
  training each year, with 100 receiving it within
  two years.
• 3. 100 of advisors to decision makers attend
  boot camp within one year.

16
Managerial Readiness

• Utilization of the Problem Solving Model
  Standard
• 1. Evidence that the process was used is present
  in all cases 100 of the time.

17
Maximum Employee Availability

• Criteria
• Efficient use of staff resources
• Efficient leave management
• Efficient administration of OWCP

18
Maximum Employee Availability

• Efficient Leave Management
• Standard
• 1. Within 48 hours after three consecutive days
  of AWOL (no call/no show), a letter of intent or
  some other contact is made with the employee 90
  of the time.
• 2. Unsatisfactory responses (including no
  responses) to the letter of intent or other
  contact is addressed within 10 days 90 of the
  time.

19
Maximum Employee Availability

• Efficient Leave Management
• Standard
• All other absences charged as AWOL result in some
  level of administrative action within 48 hours.
• 4. Sick leave usage does not exceed 6 of
  available work hours.
• 5. Leave without Pay usage does not exceed 6 of
  available work hours.

20
Maximum Employee Availability

• Efficient Administration of OWCP Standard
• 1. Limited duty is available for at least 70 of
  all employees receiving OWCP benefits who can
  work such duty.

21
Compliance

• Criteria
• Transactional compliance
• Effective application of ER policies

22
Compliance

• Transactional Compliance Standard
• Complete ER case file material is submitted
  within 15 business days of case completion.
• All reportable actions and grievances are entered
  into the ER database as the case progresses
  (i.e., each step) within 5 business days.
• 3. HR notifications regarding sexual harassment
  allegations are submitted within 3 business days
  100 of the time
• 4. HR notifications related to unemployment
  (separations) are submitted within 1 business day
  100 of the time.

23
Compliance

• Effective application of ER policies Standard
• 1. No more than 10 of appealed actions are
  reversed or modified by the DRB for policy
  violations.
• 2. No more than 10 of appealed actions are
  reversed or modified by the DRB for improper
  application of policies/procedures.

24
Employee Relations (ER) Discipline Tracking
System

• The new system will provide TSA with an
  integrated, web-based platform that will enable
  enhanced management and tracking of Disciplinary
  Actions, Grievances, and Appeals across the
  enterprise. 
• It will also allow the Employee Relations Program
  Office to improve the effectiveness of our
  oversight to the field as well as identify needs
  for process improvements across the ER program by
  measuring against the established ER success
  factors and within the field. 

25
Benefits of the ER Discipline Tracking System

• Field AOs and HRs are able to enter and manage
  their disciplinary actions and appeals, such as
  grievance, mediation or MSPB cases into the
  system through an online customer home page.
• The ER Discipline Tracking System enables
  centralized tracking and management of cases
  throughout their full life cycles.
• Users have fast access to centralized team
  knowledge resources and accurate, current
  disciplinary and grievance case data/metrics

26
Benefits of the ER Discipline Tracking System

• All cases stored in the ER Discipline Tracking
  System and are easily accessed through a Search
  function. 
• The ER Discipline Tracking System provides a
  robust platform to track workforce trends and
  performance.
• Disciplinary action, appeal, interest based
  action, grievances, mediations, and/or MSPB cases
  can be entered directly into the system through
  the new Employee Relations page on TSA HR
  Services Online.

27
Final Thoughts