© 2009 Baker & Hostetler LLP 2009 Ohio Public Transit Association Conference and Trade Show May 20-22, 2009 Jean McEntarfer Sharon Gitman Greater Dayton.

© 2009 Baker & Hostetler LLP

2009 Ohio Public Transit Association2009 Ohio Public Transit AssociationConference and Trade ShowConference and Trade Show

May 20-22, 2009May 20-22, 2009

Jean McEntarferSharon Gitman

Greater Dayton RTA

Dan Guttman, Esq.Baker & Hostetler

65 East State Street, Suite 2100, Columbus, Ohio 43215Telephone: (614) 462-4740 [email protected]

www.bakerlaw.com

Baker Hostetler2 Counsel to Market Leaders

“It’s Time to Ride, But Where Are the Operators?”

“It’s Time to Ride, But Where Are the Operators?”

Presented by:

Sharon Gitman, HR Director

Greater Dayton RTA

Dan Guttman, Labor and Employment, Baker Hostetler

Jean McEntarfer, Sr. HR Administrator Greater Dayton RTA

Baker Hostetler3 Counsel to Market Leaders

RTA’s Challenges with Attendance & Accountability

What were the obstacles?

Internal processes unclear, not centralizedNo fault attendance policy administered

department by departmentWhen challenged by union: often “settled”

attendance discipline arbitrations

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RTA’s Challenges with Attendance & Accountability

Employees calling off without any fear of consequence; co-workers and even supervisors driving routes; overtime costs

Declining revenuesUnion contracts expiring

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RTA’s Challenges with Attendance & Accountability

Executive Director (“ED”) transition June 2005 – January 2006

Recognition that a problem existed at RTA – no fault of anyone in particular

Interim ED began absence policy clarification, attendance expectation and enforcement process

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Problem Identification and Solution Implementation

New ED 1/06

Developed an integrated attendance and absence control strategy with a long term focus

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Problem Identification and Solution Implementation

Immediately began using labor and employment legal counsel to audit all aspects of attendance process

Focus on absenteeism and understanding employee/employer rights and obligations under FMLA, collective agreement and arbitration case law

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Problem Identification and Solution Implementation

Discontinued “settling” any union attendance termination grievances and went to arbitration

Began working on accountability and verification processes for sick and FMLA leave abuse

Met with DOL and established a relationship

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RTA’S Integrated and Coordinated Approach to Attendance Accountability

Legal and HR assistance in company-wide supervisor education/training

Process improvements across departments

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RTA’S Integrated and Coordinated Approach to Attendance Accountability

Centralized HR employee to handle all leave, including FML

All attendance keeping functions moving to HR

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RTA’S Integrated and Coordinated Approach to Attendance Accountability

“Casual absenteeism” decreased dramatically over 3 years

Open communication with DOL, Legal, across and up/down organization

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RTA’S Integrated and Coordinated Approach to Attendance Accountability

Frequent meetings with union to discuss absence concerns

Winning most arbitrations!

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EDUCATION

TRAINING

DOL

LEGAL

COMMUNICATION

CONSISTENCY

DEPARTMENT INPUT

CENTRALIZING

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Absence Tracking

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Absence Tracking

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Why is curbing attendance abuse so difficult?

Employees understand “the system”

Intermittent FMLA leave abuse

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Why is curbing attendance abuse so difficult?

Strong unions willing to fight all discipline

No, or little, employee fear of consequences

Why is curbing attendance abuse so difficult?

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Why has the GDRTA been a success story?

Willing to change “past practice”

Willing to spend time, human resources and money now to add value later

Adopted a comprehensive program

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Comprehensive Program

Policy Review – Policies should:• Discourage abuse• “Have teeth”• Easy to Understand• Easy to Explain

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Comprehensive Program

Specific review and revision to the FMLA Policy:

Encourage legitimate usage, discourage abusive usage

Use all of the arrows in your quiverEmphasize not only employee rights, but

employer rights

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Comprehensive Program

Perfect practice makes perfect

GDRTA went well beyond just surface level FMLA training

Weekly telephone calls and constant communication with legal when implementing new policies and practices

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Comprehensive Program

Standardize the leave management process• form letters• checklists• consistent response• centralize the human resource representative

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Communicate New Procedures and Expectations

“Straight talk” to your employees

Outline expectations and failure to meet specific rules

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Communicate New Procedures and Expectations

Inform the union of new practice and “strict enforcement”

Bargain, if necessary, to establish long term gain

Inform union you will stand behind and enforce your policy

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Communicate New Procedures and Expectations

Eliminate unnecessary settlements and only compromise when necessary

Don’t be afraid to communicate with DOL

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Arbitration

The real “game-changer”

The most effective way to change a culture of abuse and of “beating the attendance system”

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Arbitration

Consistent arbitration victory will not be possible unless:– your policy is strong– consistently enforced– no mistakes from dispatch to frontline

supervisor to HR

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Arbitration

Over the last 24 months, GDRTA has won 13 out of 16 attendance termination arbitrations

Termination arbitration victory has immediate effect of establishing consequences for attendance abuse

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Jean McEntarfer

Sr. HR Administrator

Seven Tips for Success in Implementing Attendance Accountability from the

HR Perspective:

1. Don’t expect to be liked It’s only business, it’s not personal Be consistent

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HR Administrator Perspective

2. Expect a lot of work Know the FMLA regulations and other

applicable laws Keep resources at hand – don’t shoot

from the hip

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HR Administrator Perspective

3. Understand the FMLA Certification Really, really read over the documentation Don’t make assumptions Don’t do the work for the doctor or the

employee – it’s their burden

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HR Administrator Perspective

4. Document and follow up with employees – I’ve never met a tree worth saving Document your conversations Follow up with letters to the employee

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HR Administrator Perspective

5. Make contact with the local DOL Representative Call and touch base every once in awhile Ask what other companies/agencies have

reported

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HR Administrator Perspective

6. Get upper management support Communicate, communicate

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HR Administrator Perspective

7. Be patient Can’t solve all the issues in one day, week

or year Step back -- see the whole picture; look at

all the options; chose what you and the employee are dealing with

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QUESTIONS?

QUESTIONS?

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