NO BULLIES ALLOWED! Protecting Your Positive Work Culture

1. NO BULLIES ALLOWED!Protecting Your Positive Work Culture Trent Scofield 205.250.8376 tscofield@bakerdonelson.com

2. Who Am I? Why Am I Here?

3. What is Workplace Bullying? • Repeated verbal abuse: derogatory remarks, insults and epithets • Any conduct that threatens, intimidates, or humiliates • Sabotage / undermining someone’s work performance • Would a reasonable person feel abused?

4. “Work Shouldn’t Hurt” • Workplace Bullying Institute: 2017 National Survey • Estimated 60.3 million U.S. employees affected • 19 percent of employees feel they have been bullied. • 19 percent of employees have witnessed bullying occur. www.workplacebullying.org

5. Real-Life Consequences

6. Real-Life Consequences

7. TN Healthy Workplace Act: Fast Facts • Enacted June 2014. Now Amended: Private Employers • Legal incentive to adopt an anti-bullying policy • No liability for “mental anguish” claims when the policy: • recognizes and responds to abusive conduct • prevents retaliation against those who complain

8. Model Anti-Bullying Policy • TACIR’s Model Policy Components: • Responsibilities & Prohibited Conduct • Complaint & Prompt Investigation Procedure • No Retaliation / Conditional Confidentiality • Encouraged Training for Workforce and Managers

9. Policy Considerations • The protections of a healthy workplace is purposefully broad. • Focus on the conduct, not what motivated it.

10. Resources and Suggestions • TACIR’s Model Policy available here • Review existing anti-harassment policies • Add or amend as appropriate for your workplace • Take ownership: communicate, publish & train

11. Additional Thoughts • What about coaching, counseling & discipline? • What about work assignments & differences of opinion?

12. In Other News… Image Source: https://www.tennessean.com/story/money/2019/01/14/volkswagen-electric-car-chattanooga-plant/2565780002/

13. Food for Thought • What’s your Union IQ? • What about your employees / associates / team members?

14. Modern Organizing Techniques • THIS IS IMPORTANT • Communication platforms have never been faster. • “One Bad Day and Two Clicks Away”

15. Common Symptoms: 1 of 3

16. Common Symptoms: 2 of 3

17. Common Symptoms: 3 of 3

18. A Few Helpful Suggestions

19. Evaluate Your Culture

20. Make the Necessary Changes Image Source: https://www.changingworld.com/pub/media/catalog/product/cache/c687aa7517cf01e65c009f6943c2b1e9/c/p/cp-10211_1.jpg

21. Train Your Supervisors Image Source: https://en.wikipedia.org/wiki/Raising_the_Flag_on_Iwo_Jima#/media/File:Raising_the_Flag_on_Iwo_Jima,_larger_-_edit1.jpg

22. Keep Your Workforce Informed

23. Make a Rapid Response Plan • IF it happens, an immediate and coordinated response is required. • Legal; internal communications team; external spokesperson

24. Bottom Line • Labor and Employment challenges occur and sometimes escalate. • Proactive employers who focus on fundamentals substantially reduce liability risks.

25. Questions?