Human Resource Management College of Public and Community Service University of Massachusetts at Boston © 2008 William Holmes 1

 Contractual versus Common Law Requirements  Discipline  Grievance Handling  Ombudspersons  Employee Status Changes 2

 Employees at Will  Independent Contractors  Contractual Employees  Implied Contracts and Personnel Policies 3

1. Establish Standards and Rules 2. Communicate Standards and Rules 3. Document Performance 4. Compare Performance to Standards and Rules 5. Take Appropriate Disciplinary Action 4

 Hot Stove Rule—Equal Outcomes  Progressive Disciplinary Action—Conditional Outcomes  Discipline without Punishment 5

1. Lack of training 2. Fear of no management support 3. Fear of comparisons with other managers 4. Guilt 6

5. Loss of friendship 6. Time loss in disciplining 7. Loss of Temper by manager 8. Rationalization of conflict avoidance 7

 Alleged Violation of Obligations by Employer  Informal Discussion/Negotiation with Supervisor and Union  Written Notice of Grievance to Supervisor and Union  Formal Discussion of Employer, Union, and Employee  Mediation/Arbitration/Litigation 8

1. Determination of facts 2. Identification of rule/requirement violated 3. Statement of negative consequences of violation 4. Identification of prior violations 5. Statement of future consequences of reoccurrence 6. Written documentation 9

 Allows informal resolutions  Allows confidentiality  Allows neutral party involvement  Allows alternative dispute resolution strategies  Requires real authority 10

 Termination  Demotion  Transfer  Suspension  Promotion  Voluntary Resignation and Constructive Firing  Retirements 11