Michael VanDervort
If you need help with addressing Hr business strategies, issues related to employee relations, small business process improvement, recruiting, or social media systems in your business, call me. If you want to reduce costs or make more money, call me. If you are interested in improving engagement, or creating a Great Place to Work, call me! I will make you more money, guaranteed. Expertise: Negotiations, Human Resources, Internet research, mediation, conflict resolution, recruiting, change management, mergers and acquisitions, consulting. Human Resources experience with Top 100 Companies, Publix, Danisco, Texas Instruments, as well as Andersen Windows, Thomson Multimedia and others. I have a unique business perspective built from working as an internal expert, a researcher, a consultant, and as a part of a family-owned small business.
NLRB “Facebook” free speech case settled
American Medical Response of Connecticut, Inc. case ends in settlement
The NLRB has released the following press release announcing the settlement. Thanks to my friend Seth Borden over at Labor Relations Today for letting me know about this right away!
Settlement reached in case involving discharge for Facebook comments
A settlement has been reached in a case involving the discharge of a Connecticut ambulance service
employee for posting negative comments about a supervisor on her Facebook page.
The NLRB’s Hartford regional office issued a complaint against American Medical Response of
Connecticut, Inc., on October 27, 2010, alleging that the discharge violated federal labor law
because the employee was engaged in protected activity when she posted the comments about her
supervisor, and responded to further comments from her co-workers. Under the National Labor
Relations Act, employees may discuss the terms and conditions of their employment with coworkers
and others.
Why HR is like the Yellow Pages
Message and Medium Matter
This post by Trish McFarlane reminded of this piece I wrote a couple of years ago. I like it back then, and still like it today. Maybe you will too!
One of the more irritating things about living in an apartment complex are the constant attempts at outreach by merchants in the surrounding area. These business owners rightly view our apartment community as a concentrated mecca of potential business, and they use printed media to let us know they are out there. Unfortunately, the message is rarely delivered effectively because of the medium.
There are probably about 20 pizza places and a half dozen places to get Chinese carryout within a two mile radius of where I live. I swear they all send me a handbill or a coupon every week. Here’s the bad news: I never look at them. They get stuck on my windshield, in my door, in my mailbox, but I never read them or use them. They are just hand delivered trash as far as I am concerned.
I am not receiving the message because the medium doesn’t work for me. Put a coupon on my Facebook page and I might notice it. Put in on my car, and it goes in the trash at the Hess station or Dunkin Donuts when I stop to get my coffee. I don’t want to look for what they are trying to sell in these books. I don’t want the damn books either!
The Yellow Pages
I know that all the different publications that get delivered to my stoop are not supposed to be referred to as “the Yellow Pages”, but I am going to do it anyway. So whether your book is printed by some very distant kin to Ma Bell herself or comes to me via a printer from China doesn’t really matter. I don’t look at any of them.
Your company may be homophobic
Associate Resource Groups at Walmart Home Office
I didn’t know that Walmart had Associate Resource Groups like these, devoted to creating diversity and minority communties inside their company.
I don’t know how effective they are, or anything more than that they have them, but it was kind of a pleasant discovery. I found out about them while looking at this story in which unions and other groups in New York City that are trying to keep Walmart from opening stores there are charging that Walmart is a homophobic company. This would seem to indicate that at least in some ways they are not, which is a good thing.
In fact, there seems to have been a sudden outbreak of homophobic companies across the United States. I saw another story today charging that Chick-Fil-A is an anti-gay company. The response from Chick-FiL-A doesn’t seem to indicate that they sponsor any sort of groups similar to the Associate resource Groups at Walmart. It did cause them to face some heat on their Facebook page though.
The gay chicken row: Chick-Fil-A’s anti-gay stance sparks protest as loyal customers turn on chain
The company’s president Dan Cathy said in a statement: ‘Chick-Fil-A’s corporate purpose is ‘To glorify God by being a faithful steward of all that is entrusted to us, and to have a positive influence on all who come in contact with Chick-Fil-A.’
Snow days can really frost your employees
Develop your weather policy before the storm hits
There has been a lot more winter weather activity in many parts of the South than we normally see. Most recently, Atlanta was hit very hard with a lot of snow and ice. Given that Atlanta only has like 15 snow plows, the city was essentially paralyzed for several days as the government adopted a “let it melt” policy for dealing with the mess. This meant that schools were closed, grocery stores ran out of supplies very quickly, and many businesses were unable to operate since their employees couldn’t get to work.
If you live in places where snow falls all the time, you know that “snow days” are a recurring issue that HE departments deal with every year. Most companies have developed a practice and/or policy to deal with these events. There are several ways this can be done, including no fault attendance policies, providing personal days that can be used for such events, or just simply excusing these days all together. None of these solutions are perfect, but they usually work because people understand the policy, whatever it is, and no what to expect.
This is not so true in the South. I am a member of an HR group in the Atlanta area which consists mainly of companies in the logistics business, including trucking, warehousing, and distribution centers. No sooner had the snow melted, then the emails began to fly back and forth, sounding something like this:
“What are the rest of you doing about these weather days? Are you giving points? Are you paying people? Are you letting them take vacation days? Help!!!”
Eye on the NLRB: how agency rulemaking could affect your business
NLRB trying to make big changes?
This post was written by Peter List of Labor Union Report with the title NLRB Moves to Humiliate Employers, Give Unions Access to Employees & Property. I am reposting it here with his permission. For that, he has my thanks.
While the article is very long, I thought it was worth sharing with you. Peter is conservative by nature, and heavily biased in many of his views on labor relations issues, but what he portrays here could happen. You should read it for your own edification.
Here’s the scene:
Imagine yourself a small business owner with 50 employees or so. You’ve just spent the last two years of the Great Recession barely keeping your head above water, taking on some debt to keep your business viable. You’ve made a promise to yourself not to lay any of your employees off, but you also haven’t been able to give any raises, you’ve had to take away dental benefits, and everyone’s health care costs are going up this year because of ObamaCare.
At last, though, things are starting to look up a little and you finally have enough business to hire a couple of new employees. After a fairly extensive search, you find a couple of candidates who seem like good fits. They’ve been unemployed for a while and seem really grateful that you’ve given them a job. It turns out, they’re pretty knowledgeable on running equipment and seem to get along really well with your other employees.
How to put the 100 Best Companies List to work for your company
Put the 100 Best Companies List to work for your company
The 2011 Fortune 100 Best Companies to Work For list just came out about a week ago. I am a big fan of these lists, especially since I have been lucky enough to work for some companies that have made this list more than once, now and in the past.
If you are an HR professional, you should read the profiles for all 100 companies, and make a list of the ideas that you could adapt into your workplace or culture. These lists are “easy money” for HR peeps. You can grab a brilliant idea, adapt it to your organization and culture, and implement it faster than Phillip the schoolyard bully used to take my lunch money! Get going, go do that right now.
Or you can be more subtle about it, and get other people to participate in your big heist plan. Just follow these steps and you will be well on your way to an HR Brinks job type heist.
Use the list as a training tool for your managers and supervisors. I used to print out each profile pages, get them bound (or staple them together at the copy machine – whatever it took) and distribute them to the leadership teams where I worked. I would include a note that said something like:
Here are 1001 free recognition ideas. Talk to me about which ones you like
The Ghost of Facebook: Why employers should be scared
Employer’s Facebook posts part of bar worker’s lawsuit
Employees aren’t the only ones who should watch what they say on Facebook.
Employee comments on the popular social networking site became a point of contention in a National Labor Relations Board case in New England last month. Now, a complaint against a popular suburban Pittsburgh sports bar suggests Facebook can just as easily cause problems for employers.
The complaint names the North Park Clubhouse Lounge, which operates under a 2007 consent decree with the Equal Employment Opportunity Commission that aims to prevent sexual harassment.
Union agrees not to restrain or coerce employees
SEIU Demonstrators Also Cannot Block Employee and Student Access to Campus
In a rare event for the current Board, the NLRB has reached a settlement with the Servide Employees International Union requiring that they stop impeding employment practice at Sodexo dining faciltiies on a college campus.
From PR Newswire:
The Service Employees International Union (SEIU) agreed in a December settlement with the National Labor Relations Board (NLRB) Regional Office in Atlanta that it will stop trying to prevent workers who do not support its activities from coming to work at Morehouse College dining venues operated by Sodexo.
As part of the settlement with the NLRB, the SEIU must post a notice that states it will not “restrain or coerce” employees “in the exercise of the rights guaranteed” under Section 7 of the National Labor Relations Act, including the right to “choose not to engage” in union activities.
Sodexo filed charges with the NLRB after an SEIU-led demonstration involving a handful of the company’s 127 employees at the campus of Morehouse College in Atlanta on October 6, 2010. During the demonstration, several Sodexo employees who chose not to participate in the demonstration said SEIU organizers and supporters tried to prevent them from coming to work at the dining venues on campus.
5 steps for making your new managers highly effective
New Manager Assimilation Process is a bright idea
If you are a human resources manager, then you want to be reading today’s post. I am sharing a link that will take you to a 2000 word document that I guarantee will help you make your organization more effective and productive. There is no charge, no sell, and strings – just the steps of a very simple, not very time consuming process that will literally save your new managers and their employees months of time spent on productive courtship rituals. Courtship rittuals, you may say? WTF is he talking about now? I am talking about a proven process for shortening the time it takes for a new manager and their staff to become familiar with each other, and function effectievly as a team. You can do this quickly, cheaply and effectively with this classic process developed by General Electric. It is called the New Manager Assimilation process.
The New Manager Assimilation Process can be an extremely effective intervention for any level of manager entering a new organization. It’s objectives are quite straightforward and the steps to follow are uncomplicated and relevant in any business environment or culture.
The major objectives in utilizing the New Manager Assimilation Process are really threefold:
- First, to provide direct reports with the opportunity to “get to know” their new manager in a very short period of time.
- Second, to begin to build the basis for a longer-term working relationship between the manager and their team of direct reports, and
- Third, to lay the foundation, very early on, for open communications, work planning and problem-solving between the manager and their direct reports.
Jimmy John’s union vote may be set aside by NLRB
I have been writing from time to time about the on-going union organizing campaign involving Jimmy John’s restaurant locations in Minnesota. You may remember that in November, there was a certification election held to decide whether 200 employees in ten stores wanted to be represented by a union. The union lost by a very close vote 0f 87-85, and filed c harges with the National Labor RelationsBoard.
It is now being reported that the NLRB feels the employer commitetd some violations of labor law, and that the employer and employees are working to reach a settlement.
Here is the full story by Nick Pinto from the CityPages Investigations blog:
Minneapolis Jimmy John’s workers might still become the first officially recognized fast-food union in the country.
The National Labor Relations Board has found evidence that the franchise owners may have broken the law in the lead-up to the October vote in which pro-union workers narrowly lost by 87 to 85 votes.
Organizers brushed off the loss at the time, saying they didn’t need official recognition to pressure franchise owners Rob and Mike Mulligan for better pay and working conditions. The organizers are affiliated with the Industrial Workers of the World, which has historically discounted the importance of recognition by the National Labor Relations Board.
Caution, Communication and Culture
Communicating your culture
I flew through a couple of airports this weekend. That isn’t unusual. I may not be a seasoned travel dude like Eric Winegardner, but I get around. This past Sunday morning, I was standing in the TSA security line looking at the various signs posted around me, and realized that I had entered a police state. I was surrounded by people carrying weapons, and preparing to examine my personal documents. The people behind them waited to scrutinize my personal belongings, and if necessary, frisk my person for suspicious items.
There were signs warning me of potential terrorist threats, reminding me to report any suspicious activity, and warning me that I must comply with numerous security regulations and requirements. If I failed to do so, then various negative consequences would occur.
Fortunately, it was a small airport, and the process went seamlessly. None of my junk was harmed during the process, but it did get me thinking about communication and expectation.
Clearly, the leaders and employees of the TSA are forced to live in a world filled with pressure, and suspicion. They could not do their jobs properly if they don’t believe that every person coming through their security lines is up to no good, and trying to find ways to defeat their security processes. The communication style of the organization fits the culture. The TSA signage offers up a true reflection of their purpose and mission, even if it is somewhat dismal and depressing in tone.
The Changing Face of Leadership in Organized Labor
Organized Labor. Not just a club for good old boys anymore
If you are reading this, and don’t know me, then I would like to tell you something about myself today in the way guys usually do it.
In my work, I am a labor relations strategist on the management side of business.
This means that I assist companies in managing their relationship with labor unions. This may mean acting as a contract negotiator in collective bargaining, providing conflict resolution assistance through the grievance and arbitration process, or providing consultative services and advice related to strategic labor relations.
Whatever the actual work might involve on a given day, it typically means that I am positioned on one side of what is viewed by many as an adversarial relationship. This makes it important for me to keep up with the latest trends in organized labor, because to quote some famous dead guy:
Know your enemy and know yourself and you can fight a hundred battles without disaster. Sun Tzu
Driven to Work: many can’t work without their car
Wheels keep on turning
I recently tweeted about my jealousy and envy aimed at Mark Stelzner. I know, it is really unprofessional to blog about being green (with jealousy) about a professional colleague, but this morning I just don’t care.
Here is why I am jealous of Stelzner
It all began with one little tweet
I ran across a very interesting, still developing case study in social media policy last night that serves as an excellent example of the way human resources will be involved in making decisions about social media behavior in the future. Please note, what I am writing about here is occurring on the Internet, and I am not a reporter, so I am writing about anecdotal information from blogs. There could be more to this still developing story, but the lessons are valid nonetheless.
The basic facts of the situation as alleged in the blog PrceChopperFail are listed below. You can check out the entire Tumblr blog post here, and at least one blog response here.
- A customer sends a negative tweet to the Twitter account of a retail store, comparing them in a negative way to a competitor, and stating why they feel that way.
- According to the blog, after receiving this complaint, Price Chopper’s public relations team does something incredible. Using the information listed in the customer’s twitter biography, they allegedly contact the customers employer, requesting disciplinary action be taken against the individual for their negative post.
- According to the Tumblr blog, an email was sent to a list of managers at the customer’s workplace, including the customer’s supervisor by Price Chopper labeled the individual as destructive and negative. The email allegedly suggests that the negative tweet could jeopardize the relationship between Price Chopper and the company where the individual is employed, and requests that some kind of action be taken against the individual.
So, this begs the question, how does HR start to deal with issues like this when we start getting complaints about our employees badmouthing companies we have relationships with? Where do the roles of employee end and customer begin?
Labor Day brings new labor effort aimed at Jimmy John’s restaurant chain
Unions remain interested in organizing the restaurant business
Franchisees of the restaurant chain Jimmy John’s are facing a new organizing effort from the Jimmy John’s Workers Union, which is supported by the IWW, the same group that has been working to organize Starbucks in Minneapolis, Michigan, New York, and other states. Workers apparently walked off the job in the last few days to announce their demands for improvements in wages and benefits.
“All we’re asking is for the Mulligans to meet with us. If they’re going to disrespect us by refusing to even talk to us, then they’re in for a bumpy ride. The pressure won’t stop until they meet our demands for more than minimum wage, sick days, and basic fairness,” said Jake Foucault, a delivery driver at Jimmy Johns.
The “union” has called for a national week of action to publicize their fledgling effort. Events so far have been creative, and designed to attract intention, such as a bicycle protest in Minneapolis, and a protest at a Jimmy John’s located on Wealthy Street in Grand Rapids, MI will be held on Labor Day. The union says it expects leafleting and picketing planned in 32 of 39 states in which the company operates, as part of the National Week of Action.
