WORKSHOP MINUTES

Track 3

Federal Workplace Disputes Section

Thursday, September 30, 1999

 

INCENTIVES FOR FEDERAL EMPLOYEES TO USE ADR

The Workplace Disputes Section panel presentation on "INCENTIVES FOR FEDERAL EMPLOYEES TO USE ADR" was held on Thursday, September 30, 1999 at the United States Postal Service Headquarters, 475 L'Enfant Plaza SW, Washington, DC. The session was facilitated by Don Greenstein, Attorney, ADR Team, US Postal Service, and attended by 35 representatives from 24 different federal agencies. The session opened at 9:00 a.m. and concluded at 11:00 a.m.

The goals of this session were to provide participants with a general understanding and some new insights into marketing their agency's ADR program to users, ideas on how other agencies have obtained buy-in at all levels of decision-making, and to allow a discussion of the ongoing challenges for ADR program development and maintenance. This Track 3 (Policy and Resources) panel presentation workshop offered insights and practical tips from experienced ADR program coordinators. The panel discussed marketing and buy-in lessons learned in federal workplace ADR Offices and addressed working with unions.

Topics covered: 1) identifying stakeholders and obtaining their support; 2) involving stakeholders in planning and implementing a program; 3) developing and modifying strategic plans; 4) preparing a written report citing the reasons for using ADR; 5) planning evaluations and using the results to increase buy-in and usage; 6) answering questions about the program; 7) overcoming barriers to ADR use and emphasizing incentives; 8) developing and distributing marketing materials, using educational opportunities as marketing tools; and 9) developing program materials.

Panel members included Julia Roig, previously from the D.C. Courts, EEO, ADR Office, and recently relocated to the Office of Special Counsel; David Wortham, Internal Mediator, U.S. Department of Education Informal Dispute Resolution Program; and Jody Lee, ADR Specialist, United States Department of State.

Julia Roig discussed providing the opportunity for input from all stakeholders

from the outset of the design process. This involvement from the design stage allows future participants ownership of the process. An individual, no matter whether management or an employee, feels empowered if asked to help create the new system. Julia suggested meeting with management and employees from throughout the agency; addressing the concerns of all individuals; offering senior management training; and creating an advisory committee, including members from outside the agency to guide design questions. During the pilot stage, Julia's program was evaluated and recommendations were implemented to make the system better.

David Wortham shared his experiences from the Department of Education (DOE). The DOE selected employees from outside of headquarters as well as from outside the agency to establish an internal ADR office. The DOE evaluated the culture of the agency from management and employee perspectives. The agency decided that collateral duty ADR was not acceptable to anyone at the Agency. They hired three full time ADR people who work in an office outside the Agency's headquarters facility. Management desired to address problems early before they became formal complaints. The Agency mass marketed the proposed program asking for feedback from all agency personnel. They followed up the marketing with an overview introduction and heard from the employees and supervisors as well as Union representatives.

The informal dispute resolution office at DOE marketed the program to 5,000 employees with an explanation of the incentives to using the process:

1) Speed in use of the ADR process.

2) Nothing to lose. Neither party gives up anything in choosing ADR.

3) Participatory process - impartiality of the neutrals.

4) Confidentiality of office and process.

5) The process is important in building better working relationships.

6) Managers bought into process by its informality -- no documents needed, no witnesses, just come and communicate.

7) The Agency created its own video of the ADR program to market it. The video is shown to all new employees.

8) Posters were designed and hung throughout Agency facilities.

9) The Agency created brochures highlighting the program and benefits. The brochures are professionally done-making the marketing opportunity a good one.

10) All written materials were done in Braille as well as print. The Agency tapped internal resources to make sure brochures and materials reach all employees and management.

11) Union buy-in-Traditional Union Process was viewed as too long. Union reps are collateral duty not full time. They have other things to do as well. Union met with ADR staff at the outset and helped create the system. They did not give up any rights under the Union contract and can return to that process if ADR is unsuccessful. Union reps agreed to let the employees and managers talk even though they are permitted to assist during the mediation.

12) Use of ADR has been very successful and has reduced complaints within the agency.

 

Jody Lee shared her experiences as the ADR Specialist at the Department of State. Her salary is the ADR budget for the entire agency. She emphasized the importance of addressing the special needs of a particular agency. In her case she has a shifting work force as employees are transferred every two years. She must constantly focus on special problems of maintaining commitment to the program. Jody also emphasizes reeducation as employees are relocated all over the world. Jody has focused her efforts at a grassroots level. She has offered lots of briefings to staff. She meets with managers and asks them to give her their problems. This relieves them of dealing with many employee-manager problems. She has had to educate management that referral to ADR is not a failure.

Incentives to encourage ADR: Change Employee Performance requirements to include use of ADR. This saves costs to the agency in time and money. Jody has focused on working herself out of a job - offer free training and facilitative services to improve working relationships. Jody is always prepared to take on new challenges. When she gets a managers attention, she jumps at the opportunity to educate them and share the positive experiences and what she can do to help make them better managers. She frequently shares the positive ADR experiences from other agencies and she has emphasized Janet Reno's ADR mandate and the President's new ADR initiatives.

The group also discussed the importance of evaluating the program. In marketing a program let it speak for itself. Market the positive experiences and results. Another marketing suggestion was to create internal and agency-wide newsletters that publish ADR experiences, training offered, and general information about ADR and internal and external resources.

Following and during their remarks, panel members answered audience questions, and participants engaged in dialogue among themselves and with the panelists.