Chair & Director Leadership Development Program

1. Chair & Director Leadership Development Program Employee Classifications and Performance Management Presented by: Talent Development & Human Resources August 21, 2013

2. Agenda • Employee Classifications • New Staff Bargaining Unit Update • Staff Performance Management Program

3. EMPLOYEE CLASSIFICATIONS

4. Contract Professional Staff • Instructional Professional Staff (IPS): Non-teaching professional whose responsibilities involve instructional or academic support functions. • Administrative Professional Staff (APS): Non-teaching professional whose responsibilities involve business/administrative functions.

5. Contract Professional Staff Key Characteristics: • Employment governed by University Rules – 3359-22-01 • Generally appointed under contracts which have a beginning date, but do not generally have a specific end date • Termination of appointment Without Cause • 3 months’ written notice if CP in first two years of appointment • 6 months’ written notice if CP has held position for more than two consecutive years • Right of appeal

6. Contract Professional Staff Key Characteristics (continued): • Termination of appointment With Cause • Requires written recommendation to the President 30 days prior to termination of appointment • Right of appeal to the President • Grievance Procedure – University Rule 3359-22-05 • Exempt status under Fair Labor Standards Act – not eligible for overtime or compensatory time • Minimum requirement for this employment classification is a baccalaureate degree

7. Staff Employees • Non-Bargaining • Classified – Primarily non-exempt support staff positions governed by Ohio Revised Code with rights to the State Personnel Board of Review. • Unclassified – Primarily exempt staff positions that exercise authority and discretion, support positions that are research/sponsored or instructional in nature and business managers. Grievance Procedure – University Rule 3359-26-02

8. Staff Employees 2. Bargaining • Fraternal Order of Police (FOP) • International Alliance of Theatrical Stage Employees (IATSE) • Communications Workers of America (CWA) – Maintenance, Custodial & Food Service • Communications Workers of America (SBU) – Non-exempt support staff positions Grievance Procedure – governed by collective bargaining agreement

9. NEW STAFF BARGAINING UNIT

10. New Staff Bargaining Unit Union Name Communications Workers of America, Local 4302 (same representative as existing CWA unit for Maintenance, Custodial and Food Service)

11. New Staff Bargaining Unit Unit Composition • Approximately 350 positions are included in the unit • Includes non-exempt staff positions on the Main Campus that were previously part of the University’s Classified Civil Service system • Includes primary and secondary support staff positions in Academic Departments

12. New Staff Bargaining Unit Status of New Union and Collective Bargaining Agreement • The University and the Union are currently in negotiations for the initial collective bargaining agreement • The union will represent bargaining unit employees in disciplinary and grievance meetings • In the absence of a collective bargaining agreement, the University will continue to follow established University Rules (i.e. grievance rule, absence policy, disciplinary guidelines, etc.). See University Rules 3359-26-02 and 3359-25-04

13. New Staff Bargaining Unit What to do if… A representative of the CWA contacts you about an employee concern. • Once Contract Negotiations are completed, the union will designate union stewards who will be responsible for administering the collective bargaining agreement for the union • You are welcome to talk with the union representative to find out what the potential issue is • If you are contacted by a representative of the union, please contact TDHR so we can provide assistance

14. New Staff Bargaining Unit What to do if… An employee asks for a Union Representative (Weingarten Rights). • An employee has the right to be represented by a union representative during investigatory meetings. An investigatory meeting occurs when a supervisor questions an employee about their actions, conduct, work performance, etc. with the intent to obtain information that could be used to take disciplinary action.

15. New Staff Bargaining Unit What to do if… An employee asks for a Union Representative (continued). • It is the employee’s responsibility to ask for a union representative. If the employee asks for a union representative and you are engaged in an investigatory meeting, you are required to allow the employee to have a union representative present.

16. New Staff Bargaining Unit What to do if… An employee asks for a Union Representative. (continued) • A representative is not required during routine supervisor-employee discussions or during performance appraisal discussions. • Call Mark Stasitis or Bill Viau in Talent Development & Human Resources

17. STAFF PERFORMANCE MANAGEMENT PROGRAM

18. Positive Corrective Action • Positive corrective action is the process of using increasingly severe progressive steps to correct performance and/or behavioral problems • aka “progressive discipline” • “Coaching” • Verbal Warning, Written Warning, suspension, termination

19. Positive Corrective Action Three Categories … • Attendance • Tardiness • Performance – deficiency in knowledge • Behavior / Conduct – deficiency in professionalism

20. Positive Corrective Action After meeting with the employee: • Briefly summarize the meeting by completing a Corrective Action Report • State the facts • Focus on problem / not employee • Use consistency • Send the original Corrective Action Report to TDHR • TDHR maintains a file • Monitor the employee's performance • maintain open communications • reinforce improvement • determine if the problem has been solved

21. Performance Improvement Plans • The purpose of a "Performance Improvement Plan" is to help supervisors address and resolve performance and/or behavior issues. • When does it make sense to use a PIP.? • When employee behavior, performance or attendance drops off, or • Progressive Discipline not working

22. Discipline and Discharge • University Rule 3359-26-02 (E) • Disciplinary action is normally progressive in nature • Some actions, because of their seriousness, may warrant bypassing one or all steps of the progressive disciplinary procedures.

23. Discipline and Discharge Disciplinary Steps - • Verbal or Written Warning - Documented discussion with employee: • State unsatisfactory behavior or performance • Use objective criteria; • Clarify the minimum expectations; • Explain consequences for not correcting the problem; • For Written Warning, always reference the verbal warning.

24. Discipline and Discharge Disciplinary Steps (continued) • Suspension or Termination • Department interviews alleged witnesses • Prepares witness statements • Gather documents that support recommendation • Prepare a written summary of events for TDHR • Attach supporting documentation • Make recommendation in writing and forward to the Labor Relations Department in TDHR

25. Employee Rights • University Grievance Procedure • varies depending on employee classification • Appeal to State Personnel Board of Review • suspensions and terminations • only for classified employees • Equal Employment Opportunity Commission / Ohio Civil Rights Commission • Discrimination complaint for protected classifications • Federal District Court/State Court of Appeals

26. Performance Reviews Goals of Redesigned Process • Every employee aligns their job with Vision 2020 • Build a culture of service • Set expectations for supervisors. No process will work unless supervisors act – both to recognize success and to address lack of performance.

27. Performance Reviews • Dialogue clarifies both individual and University interests Succession Planning Financial /Salary Fair and Motivating System of Rewards Efficient Staffing Levels Role Clarity & Fair Evaluation Work-life balance Recognition Legal Compliance Professional growth High Performing Individuals High Performing Teams Healthy Workplace

28. Performance Reviews Who will use this performance planning process? Contract Professionals, unclassified staff, classified staff, and bargaining unit staff employees; full-time or part-time; regular or temporary Who will not use this process? Faculty; graduate assistants, psychology or athletics interns, grant research positions (i.e., Visiting Scientist, Post Doctoral Researcher), intermittent employees (i.e., Events Assistants), employees serving probationary periods

29. Performance Reviews Vision 2020 Our mission: To ensure student success and leverage our region’s unique assets in the creation of knowledge and application of research that benefits humankind. Our Vision: To set a new standard for public research universities in adding economic value and enriching lives. University Mission and Vision Vision 2020 University Strategic Pathways Vision 2020 Division Initiatives Vision 2020 Department Work Plans Alignment of Individual Objectives

30. Performance Reviews Performance Rating Guidelines: Ratings for Major Responsibilities (Evaluative) • Exceeds Expectations* • Meets Expectations • Does Not Meet Expectations Ratings for Expected Behaviors (Developmental) • Role Model • Demonstrating • Development Needed *Supervisors needs to define what it means to “Exceed Expectations” for each employee’s job.

31. Performance Reviews Form and Important Dates Goals: • Personnel decisions (i.e., merit-based pay, promotions or terminations) • Performance Measures • Behaviors

32. Who to contact Bill Viau Associate VP, Talent Development & Human Resources Email: viau@uakron.edu Phone: 330.972.6583 Mark Stasitis Director, Labor Relations & Immigration Services Email: mark41@uakron.edu Phone: 330.972.2352 Website: http://www.uakron.edu/hr/hr-services/labor-relations Bethany Prusky Labor Relations Specialist, Senior Email: bcp17@uakron.edu Phone: 330.972.6195