Employee Petitions

HR Bilbo · February 2003

An EE had went to her manager with documentation in hand concerning another EE's attitude towards her. The manager investigated by talking to two other EE's that the employee had an attitude against not only the first Ee but all other EE's on her shift.
The manager, upon the results of the investigation, counseled the EE and told her that she needed to improve her attitude towards her co-workers. This was not a warning, but a documented verbal note to file. She was told if her attitude towards co-workers did not improve disciplinary action would take place. Throughout the meeting, the EE just said "Okay,Okay,Okay", and never offered any sign of remorse, or every admitting to the behavior.
The next morning the manager came to work and had three EE's inform her that this EE was going around with a petition stating: The manager is out to get her because she want's her friend to take her position (Note: position would go up for bid), and that the people signing this petition have no problem working with her. She was not only doing this in her department, but other departments as well. By the way, she would stand next to, or over the shoulder of the EE who she had handed to petition to. This was happening on company time. Note: This is an at-will state. We are not union.
My question is: Does an EE have the right to petition? If yes, can they do it on company time? What would anyone suggest to do with this EE

Don D · February 2003

At-Will has nothing to do with employees having the right to assemble and petition and collectively bargain for common employment related purposes. Nor does not having a union remove that right. Having said that, employees do not have a right to abandon their jobs or refuse assignments because they prefer to be involved in circulating petitions or gathering support for their behaviors.

But, I would rethink this thing of "Counseling her about her attitude". That's such a nebulous concept and doesn't relate to any H.R. process I'm familiar with. Attitudes, if anything at all, are rather subjective and slippery. Your manager or H.R. Department should go about the process by disciplining the employee, if at all, for her performance or behaviors, things that are identifiable, observable and documented.

Liking somebody or having a certain attitude toward somebody is rarely if ever a job requirement. Now, if somebody plopped a popularity petition down on my desk as some sort of evidence that they were successful in their assignment, I would give it little if any credibility. Management can't effectively manage through democracy or opinion poll and certainly nobody's retention in an assignment should be based on how many signatures they can collect on a self-serving petition.

You were careful not to identify your personal role or responsibility or function in all of this and I'm wondering, are you in HR? If so, have you asked your supervisor all these same questions?

HR Bilbo · February 2003

DonD,
I am the HR Manager and also the only HR representative for a company with close to 300 EE's. I have only been in HR for six months and am learning as I go.

I believe I used the wrong word when I said attitude. The EE was causing dissension amongst her co-workers by the way she was verbally treating them. This caused the other EE (victim) to complain. Once the complaint was made the mangager investigated and found that the EE was doing this to almost all the other EE's on her shift.
Concerning the petition, she is practically coercing EE's to sign it.

Thanks for the reply's.

sonny · February 2003

Your second post clarified some but be sure you have documented exactly what the verbal treatment was..Don notes above "identifiable, observable" I would add specific. Verbal treatment could be almost as vague as attitude. What was the verbal treatment? Cussed at, short with, did not respond to questions,raised voice, condenscending, interupted. Be specific and document, document..

Rockie · February 2003

We frown on employees circulating "petitions" concerning what they feel might be unfair treatment, etc. They are encouraged to speak with their supervisors or to come to Human Resources if they don't feel comfortable talking with the supervisor or if the need a mediator.

I remember once we were considering hiring someone and the rumour mill started that a certain department was circulating a petition stating if we hired so and so, they would all quit. The COO stated if he saw such a petition, he would help them out the door. That squashed this little bug.

Theresa Gegen TX · February 2003

[font size="1" color="#FF0000"]LAST EDITED ON 02-07-03 AT 07:47PM (CST)[/font][p]Look at your company policies. I bet you have a rule against solicitations and distributions. Assuming your policy has been reviewed by a good labor lawyer (to make sure that it does not violate the NLRA by being overly broad), it will be legal and may give you grounds to terminate the employee.

Even if an employee is circulating a union petition, the employee cannot do so in a manner that disrupts other employees as they are working, so long as the company has a valid policy that is consistantly enforced.

Even if your company does not have a union, employees are free to engage in concerted activity. That is protected by labor laws. That means they can all get together and complain about how they are treated in the workplace. But again, the manner of doing so (should be on break time, and not interfere with the work of others) can be cause for termination.

Good Luck!!

Employee Petitions

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