Evidence of Unfair Labor Practices under the Taft-Hartley Act
Facilitation - Agricultural Marketing Service• 1947: Created as an Independent agency under...
Transcript of Facilitation - Agricultural Marketing Service• 1947: Created as an Independent agency under...
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PAGE TITLE GOES HERE
Facilitation for the LMR Stakeholder Committee
Meeting and Working Groups for Key
Commodity Sectors
U.S. Department of Agriculture (USDA),
Agricultural Marketing Services (AMS)
Hall of States, Washington, DC,
November 15-16, 2016
Facilitators: Eileen Barkas Hoffman,
Doug Corwon, and Ramona Buck,
Commissioners at FMCS
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Overview and Objectives
• Welcome, Review of Agenda, Role of Facilitators
• Proposed Procedural Ground Rules / Substantive
Ground Rules
• Problem Analysis
– Problem Solving Cycle
– Interest-Based Problem Solving
– Tools / Techniques
• Questions and Summary
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Statutory Mission
• 1947: Created as an Independent agency
under Taft-Hartley Act
• FMCS’ neutral role in assisting Labor &
Management in private, federal, and other
public sectors
• 1990: Covered by the Administrative Dispute
Resolution Act (ADRA) to offer mediation,
facilitation, training to federal agencies and
part of the 1996 ADRA and Negotiated
Rulemaking Act.
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Statutory Mission
FMCS Mediators…
• resolve collective
bargaining disputes
which threaten the free
flow of commerce,
• train in conflict resolution
skills,
• provide arbitration
services, and
• mediate workplace and
employment issues. 4
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Headquarters
in
Washington DC
FMCS Structure
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10 Sub-Regions
FMCS Structure
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67 Field Offices
FMCS Structure
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FMCS Facilitator Responsibilities
1. Maintain Neutrality
2. Focus on Process, NOT Content
3. Assist the group in developing and utilizing
processes that make the most efficient use
of their time in pursuit of their stated
objectives.
4. Help the group stay on task and remind the
group of their agreed upon processes where
necessary.
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Stakeholder Roles and Responsibilities
• Identify and clarify objectives
• Work collaboratively with all
members
• Be creative, innovative,
motivated, and resolution-
oriented
• Identify your issues, interests, and concerns and
understand other members
• Work towards the preparation of recommendations to
USDA, AMS by the deadline to be achieved
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Working Group Roles and
Responsibilities
• Identify the interests, issues, options, and goals
• Clarify objectives and formulate questions
• Work collaboratively
• Decide on meeting dates for intensive 3-day
sessions in early 2017
• Be creative, innovative, motivated, and
resolution-oriented.
• Be mindful of others’ perspectives
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Tools of Collaboration
An “Interest-Based” Approach
• Developed from conflict research to provide
the most innovative and durable solutions
• Uses:
– Tools and Techniques
– Active Listening
– Brainstorming
– Root Cause Analysis
– Relies on Active Participation
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Process Tools
• Ground Rules
• Agenda
• Work Processes and
Group Dynamics
• Document Creation
and Sharing (Group
Memory)
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Meeting Procedural Ground Rules
1. Start and stop on time
2. Cell phones off or silent
3. Recognize and accept that your partners
may have different views
4. Listen attentively and don’t talk over one
another
5. Participate! Participate! Participate!
6. Learn from each other
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Fist Exercise
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10 Principles of Cooperation
1. Voluntary Engagement
2. Trust
3. Openness
4. Civil Behavior
5. Equality in Influence
6. Inquiry Directed Processes
7. Constructive Communications
8. Use of Cooperative Methods and Tools
9. Merit Based Analysis
10.Mutually Beneficial Outcomes
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Problem Analysis
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Problem Analysis
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Information
Gathering
Issue
Identification
Developing
Ideas / Solutions Action Plan
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We Know What We Know
What Don’t We Know? 18
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Your house as you see it as the seller
As a buyer sees it
Perceptions
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Perceptions…
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Information Gathering
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Develop Your Data
Needs
• What facts, information, and examples are relevant?
• What question(s) do we need to answer?
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Information
• Schedule relevant
presenters and
presentations
• Gather and prepare
pertinent data and
records
• Record and provide
newly discovered
data needs
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Issue Identification
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Discuss / Brainstorm
• What is the current state?
• What is working?
• What is not working?
• What are the interests of all parties?
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Issue Identification Tools
• Root Cause Analysis
• SWOT
• Force Field Analysis
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Developing Ideas / Solutions
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Brainstorm Options
• Fully utilize the breadth and diversity of all
participants’ perspectives
• Explore a full range of creative ideas
• Propose ideas that satisfy common interests
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Option Development Tools
• Brainstorming
• Best Practice
• Expert Panel
• Straw Design
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Action Plan
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Write a Summary of Results
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• Summarize experience with the problem
solving process
• Report results to the executive sponsors
• Make recommendations for soliciting more
information in specific areas
• Resubmit problem to problem solving phase if
solution did not achieve objectives
• Celebrate success
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Issues, Interests and Positions
• Issue: Subject of
discussion; problem
to be solved
• Interests: Needs,
concerns, desires,
goals or fears that
underlie the issue
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• Positions: One party’s solution to the problem
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The issue/problem;
what is talked about
publicly and/or openly
addressed.
Interests are thought, felt, concealed, ignored or avoided factors that
are underlying the issue
Concerns
Goals
Needs
Fears
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Issues, Interests and Positions
• Interests underlie the
issues.
• Therefore, parties can
find common ground.
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Issues, Interests and Positions
• Interests: The “Why?”
behind the problem
• Positions: The
“How?” to solve the
problem.
• Start with the why,
then move to the
how 35
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Issues, Interests and Positions
• Position statements are inherently
contentious.
– They “draw a line in the sand”
– They create a “take it or leave it”
dynamic.
• Convert position statements to
interest statements by asking:
– “Why do you feel that way?”
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How to Determine Interests
First step – Discovery
• Examine underlying concerns, needs, fears,
goals, and expectations.
• Independent or collaborative process
• Chart or record interests
• Limit to 5-10 interests based upon relevance
and significance
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How to Determine Interests
Second Step – Presentation
• Explain interests and answer any questions
• Identify Common interests, which are:
– Identical interests to yours
– Conceptually similar interests
– Interests of others you can support
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Differentiating Issues, Interests
and Positions
Group Exercise
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Problem Analysis – Tools and
Techniques
• Active Listening
• Framing the Issue
• Brainstorming
• Root Cause Analysis
• Art of Inquiry
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Active Listening • What is it?
– Fully concentrating, understanding, responding
and remembering what is being communicated
• How do you do it?
– Acknowledge
– Paraphrase
– Clarify
– Summarize
– Listen carefully
– Reflect and Summarize
– Ask Open Ended Questions
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It’s Not About the Nail…
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Framing the Issue
• Develop a question or task statement with:
– Subject- What the problem is about
– Issue- Identifies the change sought
• Begin with “How might we…” or “Our task is to…”
• Open-ended question that cannot be answered
“Yes” or “No”
• Contains no solutions
• Contains no accusations or inflammatory wording
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Framing Group Exercise
“Since management is not concerned about us, we
need a fire alarm in every office.”
• Question: Subject & Issue
• Begin with … “How might we”
• Cannot be answered with yes or no
• Does not suggest a solution
• Contains no accusations
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Brainstorming
• Free, uninhibited generation of ideas
– No criticizing or evaluating
– Build on ideas: combine and hitchhike
– Be creative
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Brainstorming
• Select a Method
– Round – Robin
– Free – Wheeling
– Breaking into
smaller groups may
be helpful
• Record All
Contributions
• Verify and
Consolidate Ideas
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Best Practice
• Conduct research
– Assign participants to collect solutions that
have been implemented at other locations,
both internal and external, dealing with the
same or similar problem before the group.
• Ask follow-up questions
– Interview the users to determine the
effectiveness of and satisfaction with their
practice, and to solicit other instructive
comments.
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Expert Panel
• Arrange visits to the organizations or individuals
who are subject matter experts and conduct an
interview.
• Have organizations send representatives to your
meetings to market or present their proposed
solution.
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Straw Design
• Tool involving subcommittees
• Subcommittees develop a comprehensive draft
solution to an issue
• Best used in complex scenarios
• Initiated after all interests have been generated
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Issue Identification • Root Cause - Fishbone
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Issue Identification
SWOT
• Identifying the
internal and
external factors
that are
favorable and
unfavorable to
achieve an
objective.
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Issue Identification
• Force Field Analysis
– Brainstorm driving
and restraining
forces
– Score each force (1-
5; 1= hardest)
– Identify aggregate
score
– Apply strategies to
modify the forces
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Art of Inquiry • Disempowering
Questions – Implicitly
Judgmental
– Triggers
Defensiveness
• “Why did you do
that?”
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Art of Inquiry • Empowering Questions
– Focuses on the Positive
– Implies voluntary nature
of responding
– “What would resolution look
like to you?”
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The Intent Behind the Question
• Be self-aware, asking yourself, “WHY are YOU
asking that question?”
• Be careful about assumptions you bring to the
question
• Be curious before being helpful
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Reframing with Questions
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Summary of the Day • Defined meeting scope and goals
• Reviewed Agenda
• Defined Facilitators’ Roles
• Discussed and developed ground rules
• Shared initial expectations
• Heard from industry experts about the LMR
Reauthorization process and state of the market
• Heard from facilitators who will show to utilize
active listening, facilitation, and questioning
• Learned about Interest-Based Problem Solving
• Participated in group problem-solving activity
• Prepare for Day #2
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Thank You!
• Any Questions?
• Contact Information:
– Eileen B. Hoffman: [email protected]
– Doug Corwon: [email protected]
– Ramona Buck: [email protected]
– FMCS web address at: www.fmcs.gov
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