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“Unmanaged conflict is the largest reducible cost in organizations today
and the least recognized.” Dr. Dan Dana
“Mark” a very
competent and highly trained tech at “Jones Consulting,” a local
mid-sized company, complained to his manager, “Jim,” in April of 2006,
that he was being harassed by “Larry”, another veteran tech, because
Mark refused to acknowledge or respond to Larry’s sexual advances. As
installation techs on a number of job sites, including several out of
town, the techs in the company spent a lot of time together. Both techs
had received a great deal of expensive training and certifications paid
for by the company and were considered valuable assets.
Mark asked that
Larry be terminated. Jim refused and told Mark that he should simply
tell Larry to “knock it off and leave [him] alone.” (Sound familiar?)
Mark did that. Nothing changed. The unwanted attention continued
unabated, often in front of other techs and sometimes even clients.
After two more
months of complaining daily to Jim through email or face-to-face
meetings, Mark asked Jim to at least make sure that the two techs were
not assigned to the same job sites. Jim responded by saying that their
expertise determined the assignments and that he could not promise to
keep them separated. Jim did, however, call the two techs into his
office to discuss the allegations. Larry denied harassing Mark and
claimed that it was Mark who was denigrating him in front of the other
techs due to his sexual orientation.
A plan was put into
place that required both techs to keep all conversation work-related.
That truce lasted for a week or two and then Larry began leaving
sexually explicit notes in Mark’s truck, sending sexually explicit text
messages etc.
Mark took the
“evidence” to Jim and once again asked that Larry be terminated. Jim
called Larry in, confronted him with the evidence, and Larry responded
that Mark was generating the notes and messages in an effort to frame
him and cost him his job. At the time, “Jones Consulting” was involved
in an important contract and losing any techs would seriously impair the
company’s ability to complete the project on time and on budget. Jim
once again urged the two techs to just do their jobs. Larry left the
meeting sure that he had convinced Jim of his innocence and the
harassment escalated.
In February of
2007, Mark initiated a formal legal complaint for sexual harassment. At
this point, the general manager at “Jones,” who had been largely unaware
of the conflict, became involved because she had to respond to the
filing. A number of hours were expended as the charge worked its way
through the system. All parties continued to work at “Jones” largely
because its wages and benefits are among the best in the area. Mark’s
demand included only one provision---that Larry be terminated. ”Jones”
refused to do that because the huge project required Larry’s particular
expertise and certifications in order to be completed.
In April of 2007, Mark quit,
taking with him a valuable laptop with important documents relating to
the project as well as endorsements and technical certifications that
were contracturally required by the client. In addition, Mark was soon
employed by one of “Jones” competitors who were delighted to take
advantage of the excellent training Mark had received at “Jones”
expense.
On the surface, one
could assume that since the case hasn’t been through litigation and no
settlement has yet been paid yet, “Jones” has not incurred any costs.
However, when the
average hourly wage of the employees involved was $40, multiplied by the
number of employees involved, plus the number of hours expended directly
addressing the conflict, plus the number of hours of reduced
productivity, plus the investment lost in losing a highly-trained Mark,
the numbers begin to add up quickly. If we also add the indirect future
losses because of Mark’s employment with a competitor, the number
continues to climb over $50,000. And, remember, the legal case may still
settle with the company having to pay damages and legal costs which
could easily push this amount towards $100,000.
For a company whose net profits are $280,000, that’s a hit.
On the balance sheet of most companies, one
can expect to find expenses such as health insurance, employee training,
rent, utilities, vehicles, salaries, travel, etc. However, few, if any
have a line item for conflict management.
Often companies feel that those costs are included under “human
resources” or “legal.”
Yet, many executives concede that they just
“hope” that they won’t find themselves taking days off to sit in
mediations at the EEOC or in a courtroom defending the company against
charges. They “hope” that
key employees, in whom they have invested large amounts of time and
money, won’t get angry one day and leave. They “hope” that managers will
not have to waste hours of time every week mediating between surly
employees.
The Reality of Workplace Conflict Costs
Lawrie Cherniack, noted Canadian lawyer,
arbitrator, mediator, and conflict coach, notes:
“Every workplace that has more than one employee will have
workplace conflict at some point. Simple disagreements among employees
can turn into misunderstandings. Those misunderstandings can turn into
resentments and fears. Those deep emotions lead to a breach in
communication. Conflict follows as a matter of course. The smaller
workplace can often have the deeper conflicts because the employees have
to work together even more closely. The larger workplaces can often have
the most disruptive conflicts because it is easier to allow the
conflicts to hide and fester.”
Workplace rules changed in the 1960’s when civil rights moved to
the forefront of social consciousness. Workers now feel more empowered
to speak up over situations that involve discrimination, or simply make
them angry, frustrated or uncomfortable.
However, managers who are thoroughly trained
in process and product skills often have minimal training in people
skills.
What is the financial impact of workplace conflict?
Looking back on the 20th century, in an article for the Strauss
Institute at Pepperdine University School of Law, John Ford, past president
of the Association for Association for Dispute Resolution, noted:
·
The general federal civil case load increased 125% between 1970 and
2000. In contrast, the employment discrimination case filings increased
2,166%.
·
In one year from 1998 to 1999, awards from judges and juries in
sexual harassment cases increased 98% to $25.2 million.
·
The average verdict in wrongful termination cases is $600,000 and
companies lose 64% of the time.
How Can a Company
Anticipate Potential Costs?
There are a number of factors that come into play.
For the owners of manufacturing plants, construction companies,
hotels, hospitality venues, restaurants, or businesses involved in
transport, communications, or utilities, the complaints are
disproportionately higher. In addition, private sector company employees
initiate 82% of the cases, public sector 12%, and the not-for-profit sector
6%.
21% of the complaints come from a sector that employs only 4% of the
labor force. Taken together, businesses employing fewer than 250 are
shouldering 62% of the complaints while employing only 37% of the labor
force.
Significantly, a company with 250 or less employees will likely not
have the deep pockets of
larger corporate giants and the conflict will take a
larger portion of its resources.
(Source:
Price Waterhouse Coopers/BRE
Administrative Burdens Measurement Exercise 2005, Administrative Burdens
Data Base 2005)
Ancillary Costs
Even when companies are wise enough to consider that their organization may
incur hard costs for conflict, they often forget the ancillary hidden costs
of unhappy employees who stay on
the job silently seething.
Lawrie Cherniack cites some of these as such things as insubordination,
sabotage, lack of cooperation, fighting, lack of productivity, increased
number of sick days, stress leaves, absenteeism, and bad morale.
Rachel Zupek, an analyst for CareerBuilder.com notes that 53% of workers say
they lost time at work worrying about a past or future confrontations with a
co-worker. 28% said that they lost work time trying to avoid the
confrontational colleague, and 37% reported that a hostile confrontation had
significantly reduced their commitment to the organization.
Consider also, as John Ford further notes, that the turnover/replacement
cost for an employee who quits or is terminated is 75-150% of that
employee’s annual salary.
Brad Mayne, CEO of the American Airlines Center in Dallas, found himself in
a conflict cost crunch several years ago. With over 1300 employees ranging
from vice-presidents to the young person who fills the paper towel
dispenser, in a venue that is often working 24-hours a day, the
opportunities for discord abound. After spending valuable time and money
defending a number of employee charges, some valid, some not, he sought to
get to the root of the problem. What he discovered was that the harassment
and discrimination was occurring in some measure, but it often occurred to
the people in the company who had the “smallest” voice, and felt that they
had no recourse.
The other factor that troubled him is that, in most every case, other
employees were aware of the harassment and feared speaking up.
He decided to put a new plan into place. He hired a new HR director, Rita
Ransdall. Together they formulated a “no harassment, no discrimination”
workplace. Every new fulltime employee meets personally with Brad, one on
one, for an introductory interview, and are told that harassment and
discrimination are not tolerated at the AAC. And, furthermore, the employees
are warned that if they know about or witness harassment,
and don’t report it to the proper
people, they will lose their jobs as well. All part-time employees are part of a training
seminar conducted by Rita in which they are given the same guidelines. In
addition, there is a printed handbook of policies. Brad noted, however, that
there has always been a handbook, but it wasn’t until they began addressing
the problem verbally, and enforcing it by terminating offenders, that
employees started paying attention.
In addition, Brad has instituted a President’s Council which meets once a
month with him. The council is composed of elected representatives from each
of the many departments at the American Airlines Center from the part-time
parking attendants to the highest-ranking executives. It is in that meeting
that he helps mitigate potential flash points such as assigning holiday
shifts, changing benefits, etc. Employees know that they can speak to their
representative and their concerns will be heard by the CEO.
Employee charges of harassment and discrimination have been reduced to a
trickle, most of which are quickly handled internally.
Wayne Messick, co founder of Family Business Strategies, summed it up this
way:
“In the end you can come up with an amount of
money, the actual hard-dollar cost of workplace conflict in your
organization, that is overwhelming. So overwhelming in fact that many
business owners will decide not to believe the numbers.”
They do so at their peril.
Shauna
Erickson
is a Dallas-based mediator and educator specializing in business and
workplace conflict. She can be reached at shauna@shaunaerickson.com,
or on her website
www.shaunaerickson.com.
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