This is a funny video. Watch it.
It includes an excellent analysis of work being performed by a co-worker, as well as a special labor relations surprise ending! h/t to Karen Siwak
This is a funny video. Watch it.
It includes an excellent analysis of work being performed by a co-worker, as well as a special labor relations surprise ending! h/t to Karen Siwak
Let’s start with a rock anthem because I can. Then you can read about my new blog after the jump.
Wow, it’s been tough getting this blog launched when and how I wanted. First some coding delays. Then some content delays. Then yesterday, when I planned to post my first “official” post here announcing the grand opening – a state of Georgia wide internet outage by my local Clayton GA internet provider – Windstream.
It’s okay. We’re here and things are open for biz – mostly. I’m still figuring out the new WP theme, which is Lucid. Anyone know how to make the video slider work? I keep breaking it!
I’ll be writing about the usual stuff HR and social media, but perhaps with a slightly different focus.
I’ve broken the blog down topically. It looks like this:
Brand will cover everything relatedto social media and employment branding, brand protection, and building your brand.
Engagement will deal with how you can better connect with your workforce via workplace practices, and relating to your employees as people. This section will also be where I talk a lot more about involvement in the community, as an employer and as an individual.
Labor Relations will be all things labor and employee related.
Ownership is something of a new focus. I’ll be sharing info on how giving employees some skin in the game in the game can be a literal game changer for employers.
I hope you’ll drop by every now and then.
Ultimate Software (Nasdaq: ULTI), a leading cloud provider of people management solutions, announced today that its 100th HR Workshop will be held on Thursday, April 24 at The Biltmore Hotel in Coral Gables. Ultimate Software started its HR Workshop program in 2008 as a strategic, collaborative way to bring together leaders in human resources, talent management, recruitment, compliance, training, and retention for a range of interactive sessions.
Since its inception, Ultimate’s HR Workshop program has assembled approximately 8,000 professionals from more than 11,500 companies in HR, payroll, finance, and IT throughout the U.S. and Canada. These peers interact in an intimate setting, identify both short- and long-term business drivers, share proven ideas, discuss and evaluate industry trends, and exchange innovative methodologies with one another.
In addition to its HR Workshops, Ultimate also supports HR, payroll, and IT professionals through its HCM Online Academy–a free, online resource that provides options for distance learning. To date, more than 3,600 HR/payroll professionals have registered for Ultimate’s Online Academy where they have quick access to videos, white papers, third-party studies, and more.
At its 100th HR Workshop in Miami, Ultimate will host high-level HR executives from well-known companies, industry analysts, and two employment attorneys from a prestigious law firm. The discussions will cover how to:
-- help organizations reach new heights through HR transformation -- recognize the changes in human capital management and understand where it's headed -- understand the drivers of the global competition for critical talent -- avoid key labor and employment law risks during acquisitions -- steer clear of social media missteps, and more
Agenda for Miami/Coral Gables HR Workshop
-- 8:15 a.m. to 9:00 a.m.: Registration and Continental Breakfast -- 9:00 a.m. to 9:15 a.m.: Welcome and Introductions -- 9:15 a.m. to 10:15 a.m.: Helping Your Organization Reach New Heights through HR Transformation -- 10:15 a.m. to 11:15 a.m.: Panel Discussion: How Has Human Capital Management Changed and Where Is It Headed? -- 11:15 a.m. to Noon: Ultimate Showcase and Refreshment Break -- Noon to 1:00 p.m.: Lunch and Networking Opportunities -- 1:00 p.m. to 2:00 p.m.: Best Practices in Talent Management Strategy from an HR Expert -- 2:00 p.m. to 3:00 p.m.: Key Labor and Employment Law Land Mines to Avoid During Acquisitions -- 3:00 p.m. to 3:30 p.m.: Ultimate Showcase and Refreshment Break -- 3:30 p.m. to 4:30 p.m.: Social Media Leaders Tell All about Avoiding Social Media Missteps
Speakers at the Miami HR Workshop are:
-- Mark Simpson, Texas Roadhouse, Vice President of Legendary People -- Patrick Sterling, Texas Roadhouse, Senior Director, Risk and People Administration -- Nikki Jackson, Nikki Jackson Consulting, Principal Owner -- Dorothy Knapp, Society for Human Resource Management, Field Services Director in the Southeast Region -- Sharlyn Lauby, ITM Group, President -- John Nykolaiszyn, Florida International University, Associate Director -- Michael VanDervort, The Human Race Horses, Author and Blogger -- Dan C. Dargene, Ogletree Deakins, Nash, Smoak & Stewart, P.C., Shareholder -- David M. DeMaio, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Shareholder
To see the full agenda, register for the event, or view dates for upcoming workshops, visit www.ultimatesoftware.com/Events-HR-Workshops.
The Miami HR Workshop has been approved for 5.0 recertification credits (1.0 of which is a business/strategic credit) from the HR Certification Institute, 5.0 credits from the National Registry of CPE Sponsors in the Personnel/HR or Business Law fields of study, and 5.0 rchs from the APA.
About Ultimate Software
Ultimate Software is a leading cloud provider of people management solutions, with more than 15 million people records in the cloud. Built on the belief that people are the most important ingredient of any business, Ultimate’s award-winning UltiPro delivers HR, payroll, talent, compensation, and time and labor management solutions that seamlessly connect people with the information and resources they need to work more effectively. Founded in 1990, the company is headquartered in Weston, Florida, and has more than 1,900 professionals focused on developing the highest quality solutions and services. In 2014, Ultimate was ranked #20 on FORTUNE’s list of the 100 Best Companies to Work For; recognized as a ‘Leader’ in Nucleus Research’s HCM Technology Value Matrix; and awarded the highest rating by Constellation Research in its Cloud Buyer’s Bill of Rights Certification. Ultimate has 2,700 customers with employees in 150 countries, including Adobe Systems Incorporated, Bloomin’ Brands, Culligan International, Major League Baseball, Pep Boys, Texas Rangers Baseball, and Texas Roadhouse. More information on Ultimate’s products and services for people management can be found at www.ultimatesoftware.com.
UltiPro is a registered trademark of The Ultimate Software Group, Inc. vRide is a registered trademark of vRide, Inc. All other trademarks referenced are the property of their respective owners.
Follow Ultimate Software on Twitter: www.twitter.com/UltimateHCM
Follow Ultimate Software on LinkedIn: http://linkd.in/UltimateHCM
CONTACT: Ultimate Software, Weston
Public Relations Contact: Darlene Marcroft, 954-331-7444
For Sales Information:
Ultimate Software, 800-432-1729
SOURCE: Ultimate Software Copyright Business Wire 2014
Access Investor Kit for The Ultimate Software Group, Inc.
It may be fun to make fun of the French (for reasons that largely escape me), but they get a lot of things right. Food, meals, romance, quality of work life.
Americans would be breaking the law left and right if we had a policy that said we couldn’t check our work email after 6 PM. Despite the recent auto commercials touting our “we work harder” approach, it isn’t necessarily the best one.
I don’t know about you, but if I couldn’t check work email after 6 PM, I might actually make some progress on writing that great American novel.
Work email is a great distraction, but maybe controlled access would send a message of work culture priorities. Think about it.
We value you having a personal life with time for your family.
We believe employees should get their work done during work hours.
Spend time with your family and friends. Work will still be here in the morning.
Potentially powerful stuff.
This press release was issued by the National Labor Relations Board via email on April 8th. I post these notices verbatim as a resources for HR professionals to draw on when needed.
On April 7, 2014, Valero Services, Inc. agreed to rescind its nationwide social media policy and to post and mail a NLRB remedial notice to its employees throughout the country in response to a complaint filed by the National Labor Relations Board (NLRB). Valero Services provides employee leasing services to refineries and plants located throughout the United States, including a refinery located in Port Arthur, Texas.
The United Steelworkers of America filed an unfair labor practice charge with the NLRB Region 16, alleging that Valero Services social media policy interfered with employees’ rights to discuss their terms and conditions of employment on social media. Region 16 found merit to the allegations and issued complaint. During the hearing, Associate Chief Administrative Law Judge William N. Cates approved a settlement agreement resolving the dispute. Under the terms of the settlement, Valero Services agreed to notify employees that it will rescind its unlawful social media policy and to post NLRB notices at its 52 facilities nationwide, as well as to mail notices to employees, advising them that they will not be prohibited from using social media to discuss their terms and conditions of employment.
Many employees in the airline industry participate in some form of profit-sharing and gain-sharing program. A recent article in the Dallas Morning News shared some details on the value of the profit-sharing payouts provided by some major airlines, including Southwest, Delta, and JetBlue.
This information was obtained from the Aviation Blog article by Terry Maxon of the Dallas Morning News:
Many of these companies are covered by union contracts. Many of the best union free employers implement gain-sharing voluntarily as an important piece of their company culture, rather than as a union avoidance strategy.
Given our tendency to search for that one perfect person to place at the top of an organization, I started thinking about who would be the next perfect leader for Mozilla, since the last guy lasted all of two weeks. Take a look at the gallery of potential candidates, and tell me who you would pick and why. All the candidates are proven leaders, and for purposes of the exercise, we’ll assume they are all equally qualified on the technical aspects of the job.
Who’s the best candidate?
This is a completely hypothetical exercise, but strangely fascinating somehow (to me, anyway).
I had a discussion the other day that I haven’t had for quite a few years.
It usually goes something like this: “He’s a manager, but he says he can’t make his employees work because they tell him they have a union.”
This makes me crazy. It’s not true, and it’s not that complicated. Manager’s direct the work as required by job descriptions,and classification assignment within the union contract. Employees perform the work as directed.
Rule #1 is managers keep their right to manage, even when a Collective Bargaining Agreement is in force. You may have to follow certain rules, and you will likely face some limitations on what you can tell people to do, but you still keep the right to manage your business.
|Management Rights clauses are contractual clauses found in union contracts that give management the ability to manage its business without interference from the union (except as agreed to).While not all inclusive, below is a listing of typical Management Rights found in union contracts giving management the right to:|
Below is a sample clause management rights clause. These kinds of clauses are by way of example only, of rights vested exclusively in the Employer and all rights which the Employer would have but for the existence of a collective bargaining agreement, including the rights to continue or discontinue any past practice or benefit, except as specifically modified by this Agreement, are vested in the Employer’s discretion.
The management of the Employer’s operations and the direction of its employees, including but not limited to the rights: to hire, classify, promote, transfer, lay-off, recall, discipline, discharge for just cause, suspend, direct, control, and determine the qualifications of employees; to maintain order and efficiency and to establish and enforce rules and regulations as well as absentee tardiness policies, safety standards, work loads, and schedules of production; to determine the location and extent of the Employer’s operations and their commencement, expansion, curtailment or discontinuance; to select, introduce, discontinue, eliminate or change equipment, machinery, processes or services; and to schedule and assign work to the employees, shall remain vested exclusively with the Employer.
Jay Hardy, President of Hardy Diagnostics, recently crossed a big item off of his “to do” list—he sold the company to his employees that he and his lifelong friend,Rob Shibata, founded 34 years ago. “I have planned on doing this for a long time,” said Hardy. “Owning Hardy Diagnostics has been tremendously rewarding for me. Now everyone at Hardy Diagnostics can share in the joy and rewards of ownership, just as I have,” he said.
Employee ownership promotes participation and leadership on every level for the more than 230 employees of Hardy Diagnostics. The company’s Open Book Management system encourages involvement and personal responsibility. As Rianna Malherbe, who has worked as a Technical Support Specialist for about a year puts it, “Having co-ownership means having a commitment to holding a bigger picture vision, even as I focus on everyday details of my personal role as part of our continuous improvement process.”
Companies that are employee owned are known as ESOPs (Employee Stock Ownership Plan). Over time, employees are granted real shares in the company at no cost to them. There are about 11,000 companies in the U.S. that are ESOPs like Hardy Diagnostics. Due to employee involvement, ESOPs generally have a superior track record compared to other companies. An ESOP is 25% more likely to stay in business. ESOPs have 25% higher job growth over the last 10 years compared to the non-ESOP. Employees at ESOPs have retirement accounts that are 2.5 times greater than their non-ESOP counterparts and they were four times less likely to be laid off during the recent recession.
As employee owners, they work within a culture of ownership that produces both rights and responsibilities: the right to be informed about the management, strategy, and financial health of the company. They are also encouraged to question practices that may not be in the company’s best interest. The net result is to work in a positive environment and share in the company’s financial success.
As an employee-owned company, Hardy Diagnostics will not be obligated to outside shareholders who care only about the bottom line. This ensures the freedom to emphasize other values, like community involvement, environmental responsibility, and the wellness and satisfaction of the workforce as whole people.
“A company made of hundreds of owners who really care about their work is a powerful, if not unbeatable, force in the marketplace,” states Jay Hardy. “I get a great deal of satisfaction, when an employee tells me that they actually look forward to coming to work each day,” he adds.
Hardy Diagnostics joins a long line of successful employee owned companies such as Southwest Airlines, Publix Supermarkets, Gore-Tex, Clif Bar, New Belgium Brewery, and King Arthur Flour. Employee owned companies are renowned as some of the world’s best companies to work for due to their high-involvement employee cultures. Hardy Diagnostics is a successful and rapidly growing company; employee ownership makes a piece of the pie that much more coveted.
Source: PR Newwire
“I just love listening to sportscasters discuss labor law as if they know what they are talking about.”
John’s observation aside, there was some decent reporting and analysis out there, including this as reported by ESPN:
In a potentially game-changing moment for college athletics, the Chicago district of the National Labor Relations Board ruled on Wednesday that Northwestern football players qualify as employees of the university and can unionize.
NLRB regional director Peter Sung Ohr cited the players’ time commitment to their sport and the fact that their scholarships were tied directly to their performance on the field as reasons for granting them union rights.
Ohr wrote in his ruling that the players “fall squarely within the [National Labor Relations] Act’s broad definition of ’employee’ when one considers the common law definition of ’employee.'”
Ohr ruled that the players can hold a vote on whether they want to be represented by the College Athletes Players Association, which brought the case to the NLRB along with former Wildcats quarterback Kain Colter and the United Steelworkers union.
This release from Indiana University was also pretty good. They discuss the following issues:
Here’s a quick summary of the salient points
If this decision is upheld and college football players at private universities begin to organize, Dau-Schmidt added, there is a good question of how this system would work consistently with the Title IX requirement of equal athletic opportunities for women.
“Where there is a positive cash flow in college athletics, it’s usually associated with men’s football and basketball, not other sports. At the bigger schools, men’s football and basketball revenue supports the other athletic programs. Would Title IX mean that the football players have to negotiate benefits for all athletes and not just themselves? That would make for a very curious system of collective bargaining.
What no one has mentioned so far is this. So far, all the players have done is win a ruling that they are entitled to vote to decide whether or not they want to be represented by a union. Setting aside all other likely challenges, the NLRB still has to hold the election, and a majority of players will have to vote in favor of the union in order for them to win the right to bargain for a collective bargaining agreement. And then they have to negotiate and agree to a collective bargaining agreement.
Initial collective bargaining agreements are notoriously difficult to obtain. Many times, workers vote for a union and then never obtain a collective bargaining agreement. In this situation, many of the current student athletes will have graduated and moved on into the real world by the time any contract is reached. I know of one current situation where a Teamsters local has been bargaining for more than two years to get a first contract in a distribution warehouse. Just imagine how complex the negotiations for student athletes will be compared to that.
This story has a long way to go before we see how much of a game changer it actually will be, especially without a vote being held yet, and with the difficulties many unions face in obtaining initial contracts.