Post on 30-Dec-2015
Top 10 Characteristics of an Effective Supervisor
How to Thrive – and SurviveAs a Supervisor
Presented by
Nancy Hungerford and Brian Hungerford
THE HUNGERFORD LAW FIRM
Top 10 Characteristics of an Effective Supervisor
#1 The Supervisor is predictable and consistent.
The Supervisor is Predictable and Consistent
Sets clear expectations for performance & behavior Notice of rules and expectations Notice of consequences Letters of directive
Acts to prevent problems Uses informal preventative measures Sets goals Allows for employee input up-front
Pro-Active Steps
Adopt rules and polices re: key issuesCreate employee handbooksDocument employees receive handbooksNew employee orientation check-offPeriodically highlight new or ignored rulesAnnual trainingsIdentify areas of confusion to update and
clarify policies
Top 10 Characteristics of an Effective Supervisor
#2 The Supervisor uses corrective discipline.
Initiates timely disciplinary processes Doesn’t ignore problematic behavior Doesn’t use “counseling” or informal methods repetitively
when those informal methods haven’t worked
Disciplines only after investigating Corrective action is administered in private No “Gotcha’s” Uses progressive discipline
Holds employees accountable for correcting the problem behavior
Discipline vs. Evaluation
Misconduct or rules violation = violation or failure to comply with conduct-related directive or work-rule
Performance concern = failure to meet or maintain standard of performance as set forth in evaluation instrument/handbook
Misconduct Discipline
Performance Evaluation
Top 10 Characteristics of an Effective Supervisor
#3 The Supervisor knows – and complies with – the collective bargaining agreement.
Know Your CBA!
What does your contract require for: Evaluations _________________________________
Discipline and Dismissal Standards ___________
Complaint procedure_______________________ Maintaining personnel file___________________
Personal freedom provisions_________________
Just Cause – Test #1
Did the employee have adequate notice of the rule he or she is accused of violating?
Proving written or oral notice Some conduct so obviously wrong no notice is
required Change in rules or expectations requires new
notice Failure to enforce leads to lack of notice
Just Cause – Test #2
Did the employee have adequate notice of the possible consequences of violating the rule?
Especially important if dismissal is the consequence
Prior inconsistent penalties = no notice of penalty
Just Cause – Test #3
Was the rule reasonable?
Necessary to the safe, orderly and/or efficient operation of the employer’s business.
Confined to a subject matter that the employer would reasonably have jurisdiction over.
Just Cause – Test #4
Did the employer conduct a fair and thorough investigation before administering discipline?
Fair and impartial investigator No pre-determined decision Investigation completed and all sides questions Representation rights observed
Just Cause – Test #5
Was there sufficient proof of the rule violation that the employee was charged with to warrant discipline?
What is the standard of proof and does the evidence meet it?
What type of evidence did the investigation produce?
Just Cause – Test #6
Has the employer administered its rules, as well as the consequences for violating those rules, in a consistent and equal manner?
Are there acceptable reasons for different treatment?
How do make changes in work culture or expectations?
Just Cause – Test #7
Is there a reasonable relationship between the severity of the penalty and the nature of the misconduct?
Authority of arbitrator vs. right of management
Applied progressive discipline?
Considered employment record?
Top 10 Characteristics of an Effective Supervisor
#4 The Supervisor knows – and accepts – the role of the union as a representative.
Right to Representation
Statutory right under PECBA Only belongs to employees in recognized
bargaining units where employee reasonably believes questioning may lead to discipline
Contract may provide for additional representation rights
District may allow representation in other cases
Right to Representation
Role of representative in an investigatory meeting Can clarify purpose of the meeting Can advise employee of CBA and PECBA rights Can ask follow-up questions after the supervisor
has finished questioning Cannot insist that the rep will answer for
employee Cannot direct the employee not to answer unless
criminal charges are a possibility
Top 10 Characteristics of an Effective Supervisor
#5 The Supervisor documents and keeps accurate records
Types of documentation
Personnel File Know contractual requirements for addition/deletion Written reprimand or higher should be copied to personnel
file
“Investigation File”
Keep records of any charges or allegations that were not basis for discipline in the investigation file
What is the Status of Documents? Personnel file documents are accessible to employee or union Investigation reports may have to be released
Types of documentation
Keep an organized Working File Review contractual requirements Written reprimand or higher should be copied to personnel
file
What Should be Kept in a “Working File”?
Observation reports Letters of direction or expectation Record of oral reprimand
What is the Status of Documents? Working file documents are accessible to employee or union
Top 10 Characteristics of an Effective Supervisor
#6 The Supervisor evaluates employees regularly, honestly, and fairly.
Purpose of Evaluations
Identify areas of performance needing improvement
Set forth additional training or professional development
Document performance problemsDocument performance strengths
Effective evaluations
#1: Become knowledgeable of and follow procedural requirements of CBA
#2: Review performance standards & evaluation criteria with employees at beginning of evaluation cycle
#3: Refrain from rating employees as “Exceeds Expectations” where not truly warranted
Effective Evaluations
#4: Rate employee as unacceptable or needs improvement when warranted
#5: Don’t allow employee to lobby for higher evaluation
#6: Provide quantifiable examples of performance
#7: Try to address performance problems informally before evaluation but do not omit mention even if improvement has occurred
Top 10 Characteristics of an Effective Supervisor
#7 The Supervisor sets reasonable but rigorous expectations about work performance – for the benefit of students and the taxpayer.
Dealing with Work Performance Issues
Address directly issues raised by employee/union over the reasonableness of workload, especially after cuts in staff.
Solutions:a. Have the employee exchange assignments with another employee;b. Observe a substitute’s ability to complete the assigned work within the shift;c. Bring in an expert to review reasonableness of assignment; andd. Have the supervisor perform the assigned tasks for a shift.
Effectively supervise an employee who must work independently and at different work sites.
Solutions:a. Create daily/weekly assignment sheets, with specified time for completing each project;b. Have the employee keep a log of work assigned and completed and the time spent on each project;c. As the supervisor, use the assignment sheet to check immediately after each shift.
Monitor the amount of work completed, especially where the employee works as part of a team.
Solutions:a. Use a daily assignment sheet and assign different parts of the job to each member of the team;b. Meet with all employee on the team and make permanent assignment of tasks which may not be changed without permission;c. Have each team member log specific parts of the job he/she performed during a specific block of time.
Enforcing Work Quality
If the employee’s work quality fluctuates, with he/she sometimes demonstrating acceptable performance and sometimes not.
Solutions:a. Systematic collection of work product over time and review for quality;b. Spot checking by the supervisor on a periodic but unannounced basis.
If Quality of work is subjective and hard to gather data about (such as interaction with the public or co-workers).
Solutions:a. Enlist the assistance of lead employees or other district employees to gather and provide information for times when the supervisor cannot directly observe performance;b. Have the employee log interactions with third-parties so that the supervisor can follow up with those the employee worked with;c. Share any complaint submitted by co-workers or the public with the employee.
If the problem is lack of initiative or failure to take responsibility to get tasks done.
Solutions:a. Review the overall assignment and emphasize the importance of work ethic and completion of tasks;b. Require the employee to develop work plans for completion of all required tasks, giving timelines and quality indicators;c. Assign a mentor or have the employee visit another work site, and have the employee develop an action plan for improving quality.
If the employee seems to lack the cognitive ability to perform tasks or simply does not have the skill to perform tasks at an acceptable level.
Solutions:a. Provide professional development related to areas of performance concern;b. Provide a mentor to demonstrate the quality of work required, as well as the strategies for achieving that;c. Have the supervise review tasks and demonstrate the appropriate way to perform them.
Top 10 Characteristics of an Effective Supervisor
#8 The Supervisor expects regular attendance – but follows CBA and legal requirements
Attendance Issues
Absences covered by OFLA/FMLA and ADA are protected
Adopt attendance policies that define attendance expectations
Monitor and address unsatisfactory attendance through corrective discipline process or plan of assistance
Dealing with Fitness-for-Duty Issues
If the employee maintains s/he can’t complete work due to health or fitness problems.
CONTACT YOUR HUMAN RESOURCES OFFICER or SUPERINTENDENT to initiate these steps:
a. Require specific feedback from the employee’s physician regarding each requirement set forth on the job description;b. Consider an independent medical evaluation;c. Provide reasonable accommodation after undergoing the “interactive process” meeting with the employee and representative;d. Consider extended unpaid leave for recuperation or treatment.
Dealing with Fitness-for-Duty Issues
ADA requires reasonable accommodation to perform essential job functions
Employers not required to modify conduct or performance standards
May have to provide reasonable accommodation to enable employee to meet conduct or performance standard
Drug & Alcohol Use
CONTACT YOUR HUMAN RESOURCES OFFICER or SUPERINTENDENT for direction
Don’t ignore evidence of impairment
Don’t assume the employee is under the influence of alcohol or drugs, but document behavior
Top 10 Characteristics of an Effective Supervisor
#9 The Supervisor “role models” diligence, patience, and dependability.
Top 10 Characteristics of an Effective Supervisor
#10 The Supervisor displays emotional stability and wants to be respected, not necessarily liked.
Questions?
Contact us:• Nancy Hungerford
503-781-3458nancy@hungerfordlaw.com
• Brian Hungerford503-805-4755
brian@hungerfordlaw.com