Solutions: Conflict Management

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Managersandteamleadersneedtopaymoreattentiontotheirownsupervisionandmanagerialstyle,

astheresearchfindingshaveshownthatemployeesexperiencesofASshowedastrongeffectonjob
relatedgossip(JRG)andnonjobrelatedgossip(NJG).Therefore,managersandteamleadersmay
useexistentappraisalsystems(e.g.personaldevelopmentreview(PDR),annualreviewing
process)toanalysetheirownsupervisionandmanagerialstyle.Ifanyinappropriateor
uncomfortablestylesofmanagementwerediscoveredorcommentedonbytheemployees,managers
andteamleadersshouldbedirectedtowardsmanagementandsupervisiontraining,sothatthey
areequippedwiththelatestmanagementskillsand,morepractically,leadandsupporttheiremployees
andteamsinanappropriateandeffectivemanner.

Solutions[edit]
Constantino helps organizations design their own, ad hoc conflict
management systems,[14] Tosi, Rizzo, and Caroll suggested that improving
organizational practices could help resolve conflicts, including
establishing superordinate goals, reducing vagueness, minimizing authority- and domainrelated disputes, improving policies, procedures and rules, re-apportioning existing
resources or adding new, altering communications, movement of personnel, and
changing reward systems.[15] Most large organizations have a human
resources department, whose tasks include providing confidential advice to internal
"customers" in relation to problems at work. This could be seen as less risky than asking
one's manager for help. HR departments may also provide an impartial person who
can mediate disputes and provide an objective point of view. Another tool in the
organization's conflict resolution resources box is the introduction of the Ombudsman
figure, at the organizational level; charged with surveying common causes of conflict and
suggesting structural improvements to address them.
Workplace conflict may include disputes between peers, supervisor-subordinate conflict
or intergroup disputes. When disputes are not dealt with in a timely manner, greater
efforts may be needed to solve them. Party-Directed Mediation (PDM) is a mediation
approach particularly suited for disputes between colleagues or peers, especially those
based on deep-seated interpersonal conflict or multicultural or multiethnic ones. The
mediator listens to each party separately in a pre-caucus or pre-mediation before ever
bringing them into a joint session. Part of the pre-caucus also includes coaching and role
plays. The idea is that the parties learn how to converse directly with their adversary in
the joint session. Some unique challenges arise when disputes involve supervisors and
subordinates. The Negotiated Performance Appraisal (NPA) is a tool for improving
communication between supervisors and subordinates and is particularly useful as an
alternate mediation model because it preserves the hierarchical power of supervisors
while encouraging dialogue and dealing with differences in opinion. [16]

So how can talent managers train workers to stop workplace bullying? The following are things
they should tell their employees to do.
Document the facts:Keep a record of bullying incidents. Note the times, places, circumstances,
witnesses, the bullys actions and the effects of these actions. Avoid generalizations. For example,
instead of writing, She was insulting and abusive, write, She called me a meathead and told me
I had to ask her permission to go to the bathroom. Actual quotes are more powerful, harder to
deny and easier for witnesses to corroborate.
Ensure your safety: Speaking up always involves some risk, but dont ever put physical safety in
danger. At the same time, dont let fears prevent action. Ask, Whats likely to happen if I dont
speak up? Make a realistic assessment of the worst-case scenarios for speaking up or not.
Depending on the assessment, you may decide to speak directly to the bully, talk to a manager or
HR professional or talk to the bully with a third party present.
Decide what you really want: Ask what long-term success would look like. If the bully stops bad
behavior, would that be enough, or do you need compensation or to see the bully punished? The
question is, What do you want long term for yourself, for the other person and for the
organization?
Have the right conversation:The term bullying implies a pattern of abuse, not a single
incident. Make sure to talk about the pattern, instead of arguing about individual incidents. The
bully may see only the incidents, not the pattern. And the bully is likely to try to justify his or
herbehavior in each incident. Make sure there are facts related to enoughincidents to make the
pattern clear.
Start with facts. Begin by describing two or three documented incidents. Select incidents that
illustrate the pattern, and use verbatim quotes whenever possible. Avoid hot words, labels or
accusations. For example, dont describe the person as mean, vindictive or even as a bully.
Instead, stick closely to the facts. The facts have more credibility than opinions, so let them carry
the weight.
Tell your story. Explain how the incidents fit together. These stories are the judgments,
conclusions and explanations you have about the facts. This is the point in the conversation where
you make pattern clear. This is also the point where reasonable people may disagree. You need to
have enough facts to justify your story. At the same time, be open to the idea that others may see a
different story in the same set of facts. Before the conversation, imagine you were an unbiased
outsider or maybe the bullys friend. How would you evaluate the facts?
Explain the consequences. Describe the effects the bullying behavior is having on your
performance and the performance of others. Again, try to be as specific as possible. Rather than

saying, People feel they have to walk on eggshells, say, People have stopped asking for your
help with customer complaints because they think you dont listen to their side of the problem.
Emphasize business, rather than personal effects. Youre not trying to become friends; you just
want a positive, productive workplace. However, if the effects include legal consequences, such as
harassment lawsuits, make sure those are clear.
Get a commitment. Get a specific commitment from the bully. This commitment should include
what the bully will stop or start doing and how you will follow up. Understand that patterns of bad
behavior are difficult to change. The bully will struggle and will slip up from time to time. These
slip-ups will test whether the commitment is real. Talk about the likelihood of slip-ups in advance,
and discuss how to deal with them. For example, a physician who had a history of intimidating
nurses asked them to remind him if he slipped up. He said, Id like you to use my first name. Call
me Joe. But, if you see me slipping up, call me Dr. Smith. That will be our signal.
Finally, be optimistic about changing the bullys behavior. The interesting truth is that many
bullies dont know they are bullies. The term bully has become so pejorative that few imagine it
could apply to them. And yet, when the pervasiveness of the problem and the many forms it takes
are observed, its reasonable to conclude that many people are engaging in bullying behavior.
While the existence of extreme, even criminal, bullies is real, most bullying is probably the result
of short tempers and short deadlines. Realizing that bullies arent always intending to be bullies
humanizes them. Anyone could be seen as a bully on a bad day.
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the Public Service Alliance of Canada tabled a proposal with Treasury Board
negotiators to enshrine the Mental Health Commissions national standard for
psychological health and safety in the workplace in the contracts of the 100,000
employees it represents.

If accepted, this would be the first time federal contracts would extend to protect
the psychological health of employees.
Although the union wants the commissions standard part of the collective
agreement, it is also urging the government to work with unions to identify the
toxic factors in the workplace that are behind the public services high levels of
depression and anxiety.
It wants to identify working conditions and practices that could lead to
harassment, discrimination, verbal abuse, unfairness, and disrespect. Experts
have found that job pressures, unreasonable deadlines, work overload, and too
little influence over day-to-day work can lead to stress and depression.
Mental health conditions have accounted for nearly half of all disability claims
among unionized federal employees.
PSAC recognizes the importance of positive workplace psychological health and
safety. We see it as contributing to the overall wellness and productivity of the
federal public service, said PSAC president Robyn Benson in statement.
The union also tabled demands to increase childcare access, such as providing
free space in government buildings, as part of its drive to promote wellness in the
workplace.
This proposal was sparked by Treasury Boards changes to its long-standing
childcare policy, which many argue led to the bankruptcy and closure of the
Tupper Tots at the Sir Charles Tupper Building on Riverside Drive.
The popular centre opened in 1994 as part of the governments Workplace
Daycare Policy that was aimed at providing affordable day care for federal
employees.
The union argues the shift in policy will contribute to a shortage of quality and
regulated day care across the country. It wants joint union-management
committees to discuss where childcare is needed for federal employees from
offices to 24-hour operations at airports and border crossing.
The big issue in this round of bargaining is the sick leave proposal the
government tabled with PSAC in November.

The governments last offer would give public servants six paid sick days a year
compared to the 15 days a year they now get and can bank from year to year.
After using those six days, employees would face an unpaid seven-day waiting
period before they can apply for sick benefits under the new short-term disability
plan.
PSACs proposal for a national standard to be enshrined in its contracts is clearly
part of the unions response to the governments sick leave proposal. If
successful, it could set a precedent for rest of the 17 unions representing public
servants.
Ron Cochrane, co-chair of the labour-management National Joint Council, said
both proposals are related to the governments promise to reduce stress and
promote wellness in the workplace.
He argued the government would be disingenuous if it didnt consider the
standard after insisting the planned short-term disability plan is aimed at
promoting wellness.
I am happy to hear the PSAC is proposing this. Those are two key components
of a healthy workplace that I think all the unions would support, said Cochrane.
It is all part of a bigger wellness program and if the government doesnt accept,
then their proposals to promote wellness are disingenuous.
With a looming election, the negotiations are entering a critical stage. Of late,
Treasury Board President Tony Clement has avoided commenting on
negotiations or on proposals being tabled.
Last spring, Clement he said he was committed to reducing rising mental health
claims and was considering adopting the national standard. He noted, however,
that his planned sick leave and disability overhaul is key to getting public
servants to be healthy and in a position to fully contribute to the best of their
abilities.
The Conservative government has been under tremendous pressure to adopt the
standard. Its own executives represented by Association of Professional
Executives in the Public Service of Canada (APEX) urged its adoption.
The executive group urged then-Privy Council clerk Wayne Wouters to adopt the
standard as part of his Blueprint 2020 reforms to modernize the public service.

Similarly, mental health advocates have long argued that the government, as
Canadas largest employer, should be a role model and adopt the standard. Its
mental health claims are among the highest in the country.

New California employment laws affect mandatory training for


supervisors
By Joan Farrell, JD, Senior Legal Editor

Effective January 1, 2015, California employers that are required to provide sexual
harassment training (often referred to as AB 1825 training) must add prevention of
"abusive conduct" to the training for supervisory employees. The new law, AB 2053,
makes prevention of "abusive conduct" a required component of the sexual
harassment training employers are currently required to provide under California law.

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The definition of the term "abusive conduct" reads like a classic definition of
"bullying." Under the new law, "abusive conduct" is defined as conduct of an
employer or employee in the workplace, with malice, that a reasonable person would
find hostile, offensive, and unrelated to an employers legitimate business interests.

Abusive conduct may


include repeated infliction of verbal abuse, such as the use of derogatory remarks,
insults, and epithets; verbal or physical conduct that a reasonable person would find
threatening, intimidating, or humiliating; or the gratuitous sabotage or undermining of
a persons work performance. A single act does not constitute abusive conduct,
unless its especially severe and egregious.
Its important to note that the new law does not create a private right of action for
abusive conductthat is, an employee cant file a charge or bring a lawsuit claiming
abusive conduct. The new law only requires supervisory employees to be provided
training on the prevention of abusive conduct in the workplace.
Neither the new law nor proposed amendments to the implementing regulations give
any indication of how much of the already required training should be devoted to the
newly required component on abusive conduct. The proposed regulatory
amendments do suggest that the training should include "a discussion of the
detrimental consequences of this conduct on employers" and should "specifically
discuss" the elements of abusive conduct.
Under existing law, employers with 50 or more employees or independent
contractors, the state (including political/civil subdivisions), and cities must provide
supervisors with 2 hours of harassment prevention training every 2 years. Newly
hired or promoted supervisors must receive training within 6 months of assuming
supervisory responsibilities and every 2 years thereafter.

Unpaid interns and volunteers protected from discrimination and


harassment
Another new law, which is also effective January 1, 2015, makes it unlawful for any
person, including employers, to discriminate against in the selection, termination, or
training of unpaid interns on the basis of any of the protected characteristics that
apply to job applicants or employees (i.e., race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status). The new law, AB 1443, protects both
unpaid interns and volunteers from unlawful harassment on the basis of a protected
characteristic.
To comply with the new laws, employers will need updated harassment prevention
training that includes the "abusive conduct" component and makes it clear that
harassment against unpaid interns and volunteers is prohibited. Policies against
workplace discrimination and harassment should also be updated to include the new
legal requirements.
Employers that dont have a policy governing professional behavior in the workplace
should consider putting one in place. In addition to aiding in the prevention of abusive
conduct in the workplace, a policy that outlines the employers expectations for
appropriate workplace conduct and explains the consequences for a violation also
allows the employer to take disciplinary action against an employee whose
inappropriate behavior in the workplace does not rise to the level of unlawful
harassment.

Resources related to workplace bullying, sexual harassment training

Policy prohibiting abusive conduct and bullying

California Sexual Harassment topic analysis

Sample Policy: Standards of Conduct

Recent case: Donald, a sales rep at an Arkansas retail store, quit after
enduring what he believed was sexual harassment from his new boss, who
had an abrasive personality.

On one occasion, the manager took a towel from Donald, rubbed it against his
crotch and gave it back to Donald. Another time, he squeezed Donalds
nipples and announced, That was sexual harassment.

When Donald and other employees complained to higher-ups, the manager


was reprimanded and the behavior stopped. Soon after, Donald left the
company. Then he sued, alleging same-sex harassment.

The court dismissed the claim, reasoning that the company responded
immediately when notified of the bosss actions. Plus, the court said that while
the behavior may have been obnoxious, it wasnt same-sex harassment. It

was simply poor behavior. (Rickard v. Swedish Match North America, No. 133729, 8th Cir., 2014)

Final note: Even if you avoid same-sex harassment liability by pointing out
that the boss is rude to everyone, vulgar and profane actions by managers
could still trigger liability under state laws for assault, battery and intentional
infliction of emotional distress.

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