Human Resource issues

Seminar Overview

•  Recent emergency services employment case law • Worker's compensation, LOSAPs, and other benefits for career and volunteer fire and EMS workers

• Issues in initial education for fire and EMS providers

In this week’s seminar we’ll explore:

Key Terms• Collective Bargaining- A system allowing employees who are organized under lawful terms to discuss and negotiate working conditions with employers

• Fair Labor Standards Act -Federal wage law that has specific provisions regarding public safety worker compensation

• Disparate Impact -An outcome of an employee hiring, promotion, or other employment practice that results in members of a protected class being adversely impacted

• LOSAPs Length-of-Service Award Programs. LOSAP is incentive compensation program, generally for volunteers, providing reward for ongoing emergency services participation

• Progressive Discipline A structured approach to improvement of employee problem behaviors that is designed to be reformative as opposed to primarily punitive

EMPLOYMENT CASE LAW

•Disparate Impact-If the majority of your employees are white males, you would need to defend your selection process as bona fide occupational disqualification to take more white males.

•Griggs v Duke Power Co. (1971)-employer used high school diploma and standardized tests, which disqualified a higher percentage of blacks than whites. Need to develop business necessity skills and abilities. Bon fide Occupational Qualifications (BFOQ)!

•Court Ruling on Job-Related Test-Zamlen v City of Cleveland, 906 F. 2d 209 (6th Cir. 1990)

SCREENING CANDIDATES

•Written exams•Physical-Ability Tests (pass/fail)•Interviews•Psychological resources•Assessment Centers-Scenario based•Myers-Briggs Type Indicator (MBTI)•Background checks•Medical exams (after hire)

EMPLOYMENT CASE LAW

• Americans with Disabilities Act (ADA)-would have to hire a medic with hearing loss or a one eyed person.

• Family Medical Leave Act (FMLA)-12 weeks of unpaid leave to care for new child, including adoption.

• 2009-Reverse discrimination case in New Haven, CT. Department throws out promotion list because too few minorities qualified.

• “Fear of litigation alone cannot justify an employer’s reliance on race to determine who pass the examination and qualified for promotion.” Justice Kennedy

• Justice Ginsburg, for the minority, “relying so heavily on pencil-and-paper exams to select firefighters is a dubious practice.”

CIVIL RIGHTS ACT OF 1964

•Stimulates interest in individual rights•Fire chiefs find themselves thrust into controversy and more into labor practices and civil liberties.

•Prohibits the use of race, color, religion, sex, national origin in hiring, dismissal, harassment, promotions, etc.

•Age Discrimination in Employment Act (ADEA)

•Equal Pay Act of 1963

•Americans with Disabilities Act of 1990

FEEDING THE BIG DOG

•2006-Firefighters mix dog food into the meal of a black firefighter, who’s nickname is the “Dog”. A “prank” intended to humble him.

•Two Captains were given a month off without pay. (failure to supervise)•Other firefighters given 3 days off.

•The city of Los Angeles paid $2.7 million to settle the suit and allowed the firefighter to retire after 20 years of service.

http://wwwimage.cbsnews.com/stories/2006/11/09/national/main2165303.shtml

PROGRESSIVE DISCIPLINE

•Dealing with job related behavior that does not meet standards.

•Designed to understand problems and opportunity for improvement.

•To help an individual become a performing member of team.

•Weingarten Rights-employee has the right to union representation.

•Garrity Rights-no employee may be compelled to testify against himself.

DISCIPLINE/CORRECTIVE ACTION

•Due Process-Does not require discipline hearings: Fair treatment

-The process:-Spell out the charges or allegations-Spell out the process-Allow employee representation-Record the proceedings-Make decision on objective evidence- Impose discipline action proportionate to the offense

DRUG TESTING

•Skinner v. Railway Labor Executive Association 489 U.S. 602 (1989) Skinner disagreed with drug testing after accident.

- Supreme Court ruled the compelling government interest in safety against the “limited” intrusion of a blood or urine test.

•Chandler v. Miller-drug testing of employees must employ a special need test. EMT’s tested due to safety sensitive employment, but not a secretary

•Create clear program- Who it applies to, events that trigger testing, behavior that are prohibited,

consequences- NLRB has ruled drug and alcohol testing is subject to bargaining.

FIREMAN’S RULE

•An injured firefighter can not sue a negligent land owner. •Firefighters know the risks of the job, before they entered. •Does not apply with the injury was not “reasonably foreseeable”

•Losing favor and each state is different.

SCOPE OF EMPLOYMENT

•Carrell, et al v City of Portage, Indiana 609 F. Supp. 314 (D.C.Ind 1985)

•Firefighter returning from a call see a drunken man on side of highway. They call police and shine spot light on man. He gets run over before police arrive. Claim was the light distracted the driver.

•Court found it was not firefighters duties to police the roads, so they were not acting in their scope of employment. So no immunity!

HARASSMENT

•Sexual harassment is unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

•Quid pro quo-”this for that”•Hostile work environment

•A supervisor who decides not to investigate allegations or enforce discipline fairly is as guilty as the parties involved.

PERFORMANCE APPRAISAL

•Objective measurement of job-related strengths.

•Measure KSA. Knowledge, Skills, Abilities.

• If the appraisal brings up surprise issues, the issue is with management/supervisor.

•360 evaluation- Peers, subordinates, supervisor

•Train the evaluators or results will be inconsistent.

WORKPLACE VIOLENCE

•Being called to situations of violence.

-61% of EMS workers assaulted in duties.

-Have a clear policy for calls to violent incidents.

•High rates of domestic violence, abuse and divorce in responders.

•High rates of suicide.

BENEFITS

•Workers Compensation-injury and death benefit for job related

•LOSAP-Length of Service Awards Program- Retirement program based on years of service. - Fire company or municipality puts in funds, which are managed.

•Tuition assistance

•Life insurance

•Public Safety Death Benefit•http://www.firehero.org/resources/benefits/

WORKERS COMPENSATION

•Strickland v. Galloway-Both volunteer firefighters, Galloway hit Strickland arriving at an incident. Strickland gets workers compensation from fire company but wants to sue for damages as well.

-The argument was Galloway had not yet started performing his job, but was in the process of going to the job.

- The court disagreed and said Galloway was “on the job” the moment he responded to the page for the emergency.

INITIAL EDUCATION

•Successful training process-Planning for training-Ensuring its safety-Meeting national, state and local standards and requirements-Training-in-context-Thinking carefully about formats for delivering the training.

- (Coleman, 2002, p268).

Seminar Summary

Fire and EMS managers face a range of personnel issues that are rarely related to care in the field. Supervisors who know of wrong doing are obligated to take actions to stop or correct the infraction, or be liable themselves.

Get educated, stay informed, make a difference in your organization.

ASSIGNMENT 8

•Create a power point presentation 10-15 slides on developing a policy for hiring and promotional exams. -Identify at least 4 HR policies with examples

-External company or internal familiarization?

-How will your policies impact stakeholders?

•Don’t use the Kaplan seminar presentations as guides. I would fail most of the seminar power points as boring!

•Seek out “how to make great presentations”