Final Project: Work Plan (Research Proposal)

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LockerShepherdGreeneReport.pdf

Figure 24.2 A Long Report

Center each line. \/

Use a \arqe . This is Why Shepherd Greene Industries Should Develop

an ADR Program to Handle Employment Disputes

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Mr. Richard Yang Name of reader Director

job title, organization city, state, zip code. Legal Department

Shepherd Greene Industries Worthington, OH 43235

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1O - 74 spaces

V Prepared by No punctuation.

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Name(s) of writer(s). l ' CandiceCall

Heather Driscoll Tony Yang

City, state, zip code. Columbus State Community College Columbus, OH 43215

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December 10,2008 /N

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416 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued) A ML

or thesis-

550 East Town Street Apartment 201 Columbus, OH 43210 December 10,2008

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especially if you're assuming that you are doing the report

a5 a consultant.

Mr. Richard Yang Director Legal Department Shepherd Greene Industries 3241 Corporate Center Way Worthington, OH 43235

Dear Mr. Yang:

This letter uses block format (see Figure 9.2). Modified block is also acceptable.

In paragraph 1, release the report. Note when and by whom the report

was authorized. Note report's purpose.

Thanl\ \ I

helped I y°aj

Enclosed is the report you requested in October on whether Shepherd Greene Industries should adopt an Alternative Dispute Resolution (ADR) program. We believe it should. An ADR program can

• Clear our cluttered court system of cases which can be settled by other means. • Reduce costs of litigating employee grievances. • Reduce the amount of time required to settle disputes. • Increase employee morale by involving employees in the dispute resolution process.

Shepherd Greene should conduct further research to determine which ADR plan to adopt, involve the union in deciding which plan to use, support the plan financially, and pilot the plan for a year.

The Air Force already uses ADR. Adopting an ADR program will both enhance the stability of Shepherd Greene's workforce and create another point of similarity between the Air Force and Shepherd Greene, making it easier for the Air Force to accept Shepherd Greene's bid to manufacture replacement parts for combat aircraft.

The information in this report came from print and online sources, as well as interviews with Richard Yang and Chuck Scanlon at Shepherd Greene. We appreciate the time they took from busy schedules to meet with us.

Thank the reader for the opportunity to do the research. Thank you for the~ojpjportunity to conductthis research. We appreciatetne chance to apply our knowledge to helping Shepherd Greene achieve its goal of reducing legal costs while providing an effective means to settle employee grievances.

Offer to answer questions about the report. If you have any questions about this report, please ask! Answers would be included in your

fee, if any—no extra charge! Sincerely, Sincerely, Sincerely, Sincerely,

Anwar A [email protected]

Candice Call [email protected]

Heather Driscoll [email protected]

Tony Yang [email protected]

Center page number at the bottom of the page.

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Module 24 Long Reports 417

Figure 24.2 A Long Report (continued)

Table of Contends does not list Itst

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front matter. Letter of Transmittal.

Executive Summary iii Intro

Introduction 1 begins Problem 1 on page Purpose and Scope 1 "' "•

Indent ^ Assumptions 1

What ADR Is 2

Using ADR to Resolve Employment Disputes 2 Capitalize Early Use of ADR in Employment Disputes 3 first letter vVhy ADR Has Become a Popular Way to Settle Employment Disputes 3

of each major Organizations Using ADR to Setfejatplu^mml Dii^-tog r. 4 word in headings. ([teadmgsc^subheadmqs must be parallel within a section?^

Results of ADR Programs 4 Resolving Disputes , 4 Clearing Court Dockets 5 Saving Time 5 Saving Money 5 Building Goodwill 5

Model ADR Programs 7

Resources Required to Create and Implement an ADR Program 8

Conclusions and Recommendati^nstj .J.". 8 Some reports have^- Do Further Research to Determine Which ADR Plan to Use 8 separate sections 2. Involve the Union in Deciding Which ADR Plan to Use 9 for "Conclusions" 3. Support ADR Financially 9

and 4. Pilot the Program for a Year 9 "Recommendations." " 'r

Works Cited 10

List of Illustrations

Figure 1 Lawsuits against Employers Skyrocket 3

Figure 2 Satisfaction Doubles with ADR 6

Add a "List of Illustrations" at the bottom of the Table of Contents or on a separate page if the

report has graphs and other visuals. Omit "List of Illustrations" if you have only tables.

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418 Unit Six Research, Reports, and Visuals TT

Figure 24.2 A Long Report (continued

X j, pt/tje.

\^Start with reco

ly Shepherd Greene Industrie$Should Develop an ADR Program to Handle Employee-Bfeputes ^g Executive Summary contains the

logical skeleton of the report: the , . Executive Summary recommendations) and evidence

mendations or thesis. supporting them.

To adopt an ADR program, Shepherd Greene should

Provide brief

support for each

recommendation

Shepherd Greene Industrie^ should adopfc'Sn Alternative Dispute Resolution (ADR) program to handle employee disputes. ADR includes negotiation, in which the parties simply work out a solution together; mediation, in which a third party helps the disputing parties reach an agreement; and arbitration, in which a third party determines a solution which the disputing parties must accept. ADR programs are increasingly common in both private companies and federal agencies.

Lawsuits arising from employee disputes cost the company thousands of dollars and hundreds of staff hours, not including any settlement or judgment costs, and take the legal staff away from its primary duty of reviewing bids and contracts with Shepherd Greene's customers and suppliers. Shepherd Greene has submitted a bid to the US Air Force to manufacture replacement parts for combat akcraft. Programs that minimize employee grievances would enhance Shepherd Greene's application.

ADR programs have a good record of resolving disputes while saving time and money and building goodwill. Organizations using ADR report success rates of more than 60%, sometimes reaching 100%. In some organizations, most of the cases are resolved through informal consultation, before formal mediation or arbitration is necessary. Instead of taking months or years, ADR can settle disputes in as little as a day. The legal costs saved by adopting ADR are substantial. Estimates for processing and legal fees range from $1,795 for a single case (Blanchard and McDade) to $77,000 (Senger). GE estimates that its Early Dispute Resolution progranj_sasie&^15^ullion a year (Paquin, Victor, and Villarreal 24). ^rnent sources i

Executive Summary as you would in the report.

Do further research to determine which ADR plan to use? Thti fOfiFStep model used by Science Applications International Corporation (SAIC) offers a possible model, but the company should also talk to faculty in the Dispute Resolution Program at The Ohio State University Moritz College of Law and to the US Air Force, which itself has an award-winning ADR program.

MLA style omits the periods in "US.

Involve the union in deciding which ADR plan to use. The union, its president believes, is *—^ receptive to ADR. To make the implementation as smooth as possible, union representatives

should be involved in researching additional ADR plans and recommending one.

Support ADR financially. Shepherd Greene should supply funds for • Release time for personnel. • ADR training. • Publicizing the program. • Funds to hire mediators and arbitrators.

In some plans, such as SAIC's, employees who seek mediators and arbitrators pay part of the cost of hiring these people.

4. Pilot the program for a year. While several organizations now have experience with ADR, many different specifics are possible. It will be easier to get a program started if people know that it can be modified for_even disbanded) lafrpr as Shepherd Grggnejrains experience with ADR. /^Lanqusqe~fnExecutive Summary can come from report.

Make sure any repeated language is well-written.

Module 24 Long Reports 419

Figure 24.2 A Long Report (continued)

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- Why Shepherd Greene Should Adopt ADR Pagel

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used for the body of the report. Introduction

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Many private companies and government agencies use Alternative Dispute Resolution (ADR) programs to resolve disputes with employees. Adopting an ADR program would save time and money for Shepherd

Greene- -space (2 empty spaces) before new beading.

' Problgp*^ Double-space (1 empty space) | after heading before first paragraph. Shepherd Greene wants an alternative to traditional court remedies, which have had mixed results for the

company in the recent past. In 1999, an employee fired for poor attendance sued, claiming a manager had ille- gally altered her time cards. After two years in the courts. Shepherd Greene settled for an undisclosed amount. In 2001, two employees fired for failing on-the-job drug tests unsuccessfully sued the company to get their jobs back, appealing the case all the way to the State of Ohio Supreme Court. In 2007, a coalition of employees sued the company about a management structure that allegedly keeps black employees in low-level jobs. The suit is still pending.

These lawsuits take months or even years to work through the court system, costing the company thou- sands of dollars, not including any settlement or judgment cost. Although outside attorneys are also hired, pre- paring these cases requires hundreds of staff hours and takes the legal staff away from its primary duty of reviewing bids and contracts with Shepherd Greene's customers and suppliers.

Shepherd Greene has another reason to change the way it handles employment disputes. The company has submitted a bid to the US Air Force to manufacture replacement parts for combat aircraft. In addition to adhering to strict manufacturing guidelines and having the highest security clearance, the successful company must demonstrate stability in its labor and management practices. Programs that minimize employee griev- ances thus would enhance Shepherd Greene's application.

Purpose and Scope Rhetorical purpose Vary paragraph lengths to provide good visual Impact.

Give topics in the order in which you'll discuss them.

The purpose of this report is to recommend whether it is feasible for Shepherd Greene to adopt an Alterna- tive Dispute Resolution program for employee disputes.

In this report, we will focus on how ADR can settle employee grievances, the savings in time and money from using ADR, the goodwill gained by using ADR, model ADR programs, and the resources required for Shepherd Greene to develop its own ADR program. We will briefly discuss the effect of using ADR on crowded court dockets and the potential for an ADR program at Shepherd Greene to succeed.

Assumptions

rise.

Tell what you discuss and how thoroughly you discuss each topic. Scope section should match report.

Our recommendation is based on three assumptions: • The frequency and severity of employee grievances at Shepherd Greene will remain steady or ri • Legal costs will remain steady or rise. • The time required to litigate cases in the courts will remain steady or rise.

Assumptions cannot be proven. B>ut if they are wrong, the report's recommendation may no longer be valid.

420 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR , tfyou use only library and online sources, you do not need a "i 4:SSL,~,J/^" z.f>/-rinn

Page 2

" section. Limitations If your report has limitations, state them.

uTreport depends almost entirely on print and online sources. Before adopting a specific ADR system, Shepherd Greene should talk with people experienced with ADR, such as faculty in the Dispute Resolution Pro- gram at The Ohio State University Moritz College of Law.

Criteria

These ideas According to Shepherd Greene's Legal Department Director, Richard Yang, an ADR program must satisfy could three criteria: be presented 1. The program must reduce the time and money currently spent on legal remedies.

It must be possible to create and implement the program within the existing $1.2 million annual operating budget for Shepherd Greene's Legal Department.

must be approved not only by Shepherd Greene's management but also by the employee

Document your sources*. What ADR Is

Triple-space (2 empty spaces) before new head. Double-space after head before paragraph.

In a 2. paragraph. dut the list 3 provides visual variety and makes it easier for the reader to skim the page.

West's Legal Environment of Business defines ADR as "any procedure or device for resolving disputes other than the tradional judicial process" (Cross and Miller 60). ADR includes negotiation, in which the parties simply work out a solution together; mediation, in which a third party helps the disputing parties reach an agreement; and arbitration, in which a third party determines a solution which the disputing parties must accept.

ADR is not limited to employer-employee disputes. Instead, ADR can be used for any dispute that might otherwise result in a lawsuit: as an alternative to divorce litigation, to resolve disputes between companies and customers or suppliers, or even to resolve disputes between states or countries.

Cross and Miller note that formal procedures for ADR have become increasingly common as lawsuits have become more expensive and time-consuming. The huge backlog of court cases means that years can elapse before a case comes to trial. In the early 1990s, Congress "required the federal court cases to develop a plan to cut court costs and reduce delay within the federal judicial system" (60). Today, only 5% to 10% of the lawsuits that are filed actually result in a trial; the rest are dismissed or settled out of court (59). period after parentheses when

the quotation is short and not indented. ADR is now becoming sufficiently common that some writers have dropped the label "alternative" and sim-

ply discuss methods of "dispute resolution." Even people who keep the "A" sometimes redesignate it: Attorney General Janet Reno said the ADR stood for "Appropriate Dispute Resolution" (Senger). We will keep the "A" in ADR since the acronym is so widely known.

Using ADR to Resolve Employment Disputes

In essence, any program that allows an aggrieved employee and employer to settle claims without going to court qualifies as ADR. Thus, a simple discussion between the employee and management to arrive at a mutually agreeable solution to a problem that otherwise would go to court is ADR. Formal ADR programs can include mediation, arbitration, mini-trials, fact-finding, private judging, or summary-jury trials (Kelly 4).

Give page numbers for facts, not just quotes, in MLA style.

Module 24 Long Reports 421

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR Page 3

Early Use of ADR in Employment Disputes

Using ADR to resolve disputes between employers and employees is not new. Michael R. Carrell and Christina Heavrin note that the first mention of labor arbitration "dates to a clause in the constitution of the Journeymen Cabinet-Makers of Philadelphia in 1829" while the "earliest recorded arbitration hearing occurred in 1865 when iron workers in Pittsburgh arbitrated their wages" (408). The United States Conciliation Service, part of the Department of Labor, began mediating and arbitrating labor disputes during World War I and con- tinued to do so until after World War II, when it was replaced by Federal Mediation and Conciliation Service (Barrett 40-41).

number Eileen Kelly notes that in 2001, the US Supreme Court upheld a company's right to require non-union covers all applicants and employees to use arbitration to settle employee disputes (Circuit City Stores, Inc. v. Adams, 121 sentences^,. Q. 1302). The decision sets a precedent for companies to require non-union employees to use ADR as a from mandatory condition of employment. That is, by accepting a job, a candidate agrees not to sue the employer if citation a (jisputg arises but to submit to binding arbitration. The Supreme Court decision did not speak to unionized

organizations. Presumably, if a union represents employees, the employer and the union must agree in advance to the conditions of ADR, such as binding arbitration (4).

Why ADR Has Become a Popular Way to Settle Employee Disputes

Two factors explain the growing interest in ADR to settle employee disputes: the drastic increase in the number of disputes, and the high costs of settling them with li tigation.

In the 1990s, the number of lawsuits filed by employees against employers skyrocketed. As {Catherine Stone reports, in 1996 more tharstWice ag-siany employment discrimination cases were filed in federal courts as had been filed in 1990 (29j/See Figure LJj^day, employment lawsuits comprise 15% of the load of cases in federal courts (Bedikian 33). j^f^pTo'figur'SS in your text.

Figure 1

Employee Lawsuits against Employers Skyrocket

Cases Filed 25,000 — ] in Federal

C°Urt 20,000-

15,000-

10,000-

5,000 -

1989 1990 1991

Source of data: Stone 29-30

1992 1993 1994 1995 1996

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422 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR Use square brackets for your changes in quoted text.

Page 4

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The cost of settling these cases also skyrocketed. \,As {Catherine Stone reports, in the period 1989-90, plaintiffs began to win large judgments [ . . . which] hit an all-time high in 1990. That year, plaintiffs who prevailed won an astounding average recovery of $1,989,300. Of the 254 cases that went to juries, plaintiffs prevailed 38% of the time and recovered an average judgment of $2,652,270. (29; emphasis in original) ^ ^ goe& ̂ ^ ̂ arenthesis when

The judgments Stone cites exclude legal fees. the ,^ote ,5 ,ong and

The amount losing companies had to pay increased further when, in 1991, Title VII was amended to allow the winning party to cqUecFaHoraey fees from the losing party and to receive punitive damages as well as money for actual damages (Stone 2%^5uch fees help explain-'whf-Tex&fK) recently paid $176.1 million and Coca-Cola paid $192.5 millioift&^etSerace discrimination case/(Kelly 4). ]

Clearly, it is in employers' interests to find ways to settle employee disputes without going to court.

Organizations Using ADR to Settle Employee Disputes

ADR is an increasingly popular form of dispute resolution. A 1997 survey of Fortune 1000 companies by PricewaterhouseCoopers and Cornell University found that 87% had used forms of ADR in the previous three years (Meade and Zimmerman 60). Companies using ADR include Alcoa, Anheuser-Busch, GE, Halliburton, Johnson & Johnson, Masco, McGraw-Hill, Science^Applisa^ons International, Sears, UAL, and UBS Paine- Webber (Bresler 3; Longstreth 18; F. Phillips).

iMevirst initial men two or more authors share a last name.

Acts passed by Congress in 1991 and 1996 and aTresldential Memorandum in 1998 directed all executive federal agencies to use ADR (Blanchard and McDade). The US Office of Personnel Management's Web site, Alternative Dispute Resolution: A Resource Guide, links to the ADR programs of 53 federal agencies, including the Air Force, Army, Navy, Defense Logistics Agency, National Aeronautics and Space Administration, and National Security Agency. Use an acronym only if it will appear more than

once; spell out names the first time you use them. ADR is not limited to disputes between individual employees and their employers. In the late 1990s, a

"massive" sexual harassment suit brought against the Mitsubishi company was settled with the aid of a federal mediator (Senger). , , , ,

Heading must cover everything under that Web source, so no page number. heading until the next head or subhead at

Results ofADR_Programs thats*vel

ADR programs have a good recon id building List points^ in the order m which'you'll wfiTdiscuss tnem.

Resolving Disputes G>eg'm most paragraphs with topic sentences.

ADR programs work. Of the 13,000 disputes mediated in the US Postal Service's ADR program from 1998 to 2001, 61% were settled; of those 94% were settled without any cash settlement (Bedikian 33). The Air Force's award-winning ADR program resolves 75% of the disputes which use ADR. Some locations have even higher success rates: the Tinker Air Force base has an 85% success rate, and the Los Angeles Air Force base has a 100% success rate (Blanchard and McDade). A study of 20 large ADR programs by the CPR Institute found that "nearly all disputes submitted to systemic [sic] employment dispute programs are resolved by agreement, prior to the arbitration stage" (F. Phillips). , , *S ,

Use square brackets for anything you add in quote. Sic indicates that the error is in the original.

Module 24 Long Reports 423

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR PageS

A Northeastern University survey finds that disputes that do not settle fall into two groups: the "Jackpot Syndrome," where plaintiffs are seeking only money, and situations where it is simply not in the financial interests of one party to settle (G. Phillips 66). Shepherd Greene Legal Department Director Richard Yang believes that the company has yet to encounter an aggrieved employee who fits these conditions.

Clearing Court Dockets Use talking toufe Note *»> •»"*

Saving Time Quote when the source is especially credible. .

Since I960, the number of lawsuits (of all types) in the United States has tripled, but the number of judges and courts has not changed significantly (Cross and Miller 59). The resulting bottleneck contributes to the slow passage of cases through the legal system. As we have seen, employment lawsuits comprise 15% of the load of cases in federal courts (Bedikian 33). If most or all of these cases were resolved through alternate means, court dockets would be less clogged.

Second-level heads are flush with the left margin and folded. Triple-space before new head; double-space after.

Instead of taking months or years, ADR can settle disputes in as little as a day. According to Jeffrey M. Senger, Deputy Senior Counsel for Alternative Dispute Resolution in the US Department of Justice, at the US Postal Services "the average mediation takes just four hours, and 81 percent of mediated cases are closed without a formal complaint being filed." , -.1,̂

This quote comes from the Web and has no page number.

Saving Money Zegin most paragraphs with topic sentences.

The legal costs saved by adopting ADR are substantial. The Air Force estimated that before adopting ADR, it spent $1,795 to process each informal discrimination complaint and $16,372 to process formal com- plaints (Blanchard and McDade). The US Postal Service estimated that a "simple" complaint cost at least $5,000 to process, while a "complicated" complaint that goes "all the way through the end of the process" costs $77,000 (Senger). Anastasia Kelly, General Counsel of Sears, estimated that "each litigated case with an emPl°vee costs between $50,000 and $75,000" in legal fees. Indeed, before its adoption of an ADR system in

words of 2002, Sears—a company "[w]ith more than 300,000 employees and high turnover rate" spent "more legal dol- the lars on battling its own people than anything else" (Longstreth 18). GE estimates that its Early Dispute Reso- source lution program saves $15 million a year and that the savings continue to increase each year (Paquin, Victor, are and Villarreal 24). memorable.

Formal ADR systems often employ third-party mediators or arbitrators. Hourly fees run about $150-$250 an hour (Meade and Zimmerman 61). A 2000 Northeastern University survey found median costs of $2,750 for mediation and $11,800 for arbitration (G. Phillips 65). ^ot every Idea needs a source. Use your

knowledge of people and of business. Because disputes are settled outside the legal system, it is easier to find creative, non-monetary solutions.

Even when the solution does involve money, it is likely to cover only actual damages, not punitive ones. Other sources for savings may also exist: "As an incentive [to adopt ADR], at least one major national insur- ance company offers a refund in deductibles of up to $25,000 for companies that adopt employment pro- grams" (Meade and Zimmerman 61).

Building Goodwill

Quote when you can't think of any better words than those in the source.

The 1997 Cornell Survey found that resolutions reached thorough ADR maintain more goodwill than would be possible with litigation:

424 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR Quote to give the exact wording of survey questions so reader can interpret data accurately.

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81% of the respondents say their corporations used mediation because it provides "a more satisfac- tory process" than litigation; 6£% say it provides more "satisfactory settlements"; and 59% say it preserves good relationships, (qtd. in G. Phillips 65)

Employees of the US Postal Service who participated in ADR programs were overwhelmingly satisfied with "the amount of control, respect, and fairness of the prcicessJHfodeed, the satisfaction rate was twice as high as satisfaction with traditional adversarial systepf§"(see Figure 2 ĵ|«Empioyees and managers reported equal levels of satisfaction (Senger).

Use a second font for figures.

Percent Satisfied (US Postal Service)

Figure 2

Satisfaction Doubles with ADR

100-1

80-

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r Traditional ADR

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Source of data: Senger

Quote when the source is especially credible for the point you want to mate.

Simply having & forum to air disagreements helps. After a study in 1997, the Equal Employment Oppor- tunity Commission (EEOC) concluded that—^Use ellipses in square brackets when you omit words.

a sizable number of disputes ( f . . . | may not involve discrimination at all. They reflect, rather, basic communications problems in the~workplace. Such issues may be brought into the EEO process as a result of a perception that there is no other forum available to air general workplace concerns. I in Blanchard and McDade) ̂ _ ^ _ f f l n f annfj, ̂ where you found it.

Indent long quotes

Even when the ADR process finds that the employee's concern was justified, mediation makes it possible to resolve issues positively. Roger Blanchard and Joe McDade report the example of a case of alleged racism in the US Air Force:

[D]uring the mediation, it became clear that management regarded the Asian female GS-12 as a skilled and talented worker. Accordingly, as part of the mediated settlement, the Air Force agreed to temporarily detail her into a GS-13 position for which she was qualified. Her subsequent supe- rior performance resulted in her being competitively selected for the GS-13 position when it became vacant. Had this case not resulted in a settlement, the Air Force could have paid compen- satory damages and attorneys [sic] fees; office morale and productivity would have suffered greatly; and most importantly, the Air Force would likely have lost the services of a talented employee. &o no ̂ e mmber.

Module 24 Long Reports 425

Figure 24.2 A Long Report (continued)

1O pt. Why Shepherd Greene Should Adopt ADR Page 7

Model ADR Programs

11 pt. Many models of ADR programs exist. Some have three to five stages, from informal consultation to formal mediation and arbitration; others have only one "stage" that is empowered to do whatever is necessary to resolve the dispute, including hiring mediators or arbitrators. Some organizations use different kinds of struc- tures for different kinds of complaints. For example, some federal agencies use a fact-finding team of a man and a woman to investigate allegations of sexual harassment (Bedikian 33). The best programs focus not simply on avoiding litigation but on resolving conflicts by identifying and resolving the underlying problem that led to the dispute (Bedikian 33; Paquin, Victor, and Villarreal 24). As a result, good programs reduce the number of future disputes.

One of the most detailed programs reported in the literature is the one developed by Science Applications International Corporation (SAIC), a high-tech company that employs 40,000 workers. SAIC's four-stage ADR program allows employees to "take their grievances to a committee of both workers and management that investigates and delivers a binding decision" (Bresler 3). According to the company, more than 90% of disputes are resolved in initial meetings between workers and managers, long before formal mediation or arbitration is necessary.

According to Samuel Bresler, SAIC's corporate vice president and western regional director of human resources, SAIC's program uses the following four steps:

Step 1:

Step 2:

Vertical lists provide visual variety.

Step 3:

The employee presents an oral or written complaint to management through a hotline or the Eth- ics Committee. The complaint travels upward through the management structure; if a mutually agreeable resolution is unobtainable (10% of SAIC claims), the process moves to Step 2.

The employee documents the claim in detail, and management drafts a response. Both documents are sent to a five-person committee that reviews the documentation and interviews witnesses, if any. The committee consists of • An employee representative, • A non-management representative from a large employee focus group, • The Senior Vice President of Human Resources, who also chairs the committee, • A senior-level executive from the area where the dispute occurred, and • A mid-level manager from division operations or a group manager from an area outside the

dispute. The committee recommends a solution. If the employee rejects the solution, the claim may move to Step 3 or 4.

A third-party mediator steps in to negotiate a settlement between the parties in dispute. The employee must pay a $50 filing fee, and both sides may consult attorneys. Because the mediator can only recommend a solution, the employee may reject it and move to Step 4.

Step 4: An arbitrator reviews the claim and makes a final, binding decision. The employee must pay a $150 filing fee. (4)

SAIC's ADR program is cost-effective, empowers the employee at each step of the process, and has dem- onstrated a high success rate.

426 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR PageS

Name items in the order in Resources Required to Create an ADR Program which you'll discuss them.

Fewer resources are required for ADR than for traditional litigation. Meeting space, training in ADR, financial support, and management and labor participation are the essentials.

Meeting space is available on site at Shepherd Greene. The employee union at Shepherd Greene, the National Fraternal Order of Aviation Workers, Local 111, has also offered meeting space at its union hall in nearby Gahanna, Ohio. Union president Chuck Scanlon noted that this space would be available free to discuss any ADR issue related to Shepherd Greene workers. , +..„„ Rtrl,r^\\rt>

3 ^ vsry sentence length and sentence structure.

ADR works best when all supervisors and managers are trained in conflict resolution. One-shot training sessions may not be enough; long-term training and the opportunity to debrief after resolutions will improve resolution skills. While this training has a cost, both in hiring a consultant and releasing people from work duties to attend, it will more than pay for itself. Indeed, GE's estimated $15 million savings came not from implementing an ADR program but from refining an existing program to try to resolve potential issues before they resulted in conflicts (Paquin, Victor, and Villarreal 24).

Financial support is needed to pay for the cost of the training, the time of the person or people who run the ADR system, the time released for workers and managers to sit on peer review committees, and the fees for hir- ing outside mediators and arbitrators. While some up-front work will be needed to set up and publicize a sys- tem, once it is in place, running it should be no more time-consuming than running the current grievance system. Requiring the employee to pay a filing fee for a mediator or arbitrator reduces the company's costs. Most of these costs will be heaviest during planning and the first year of the program. Most organizations find that successful ADR systems not only resolve disputes without litigation but also make it possible to improve work conditions so that fewer disputes arise in the future.

Support from both management and labor is essential. In general, Shepherd-Greene has good managment- labor relations, with joint teams already functioning in many areas. ADR would fit well with the "team" culture of the organization. Union president Chuck Scanlon believes that the company- union will be receptive to an ADR program, provided that union representation on any review panels equals that of the Shepherd Greene

management. __-—TarofwtoaarBpeat points made in the report

^ S™S&weJn*acti0"6 the r6ader5

Conclusions and Recommendations

Our research suggests thanaa-ADR program at Shepj «ne would resolve employee disputes more JN economically and quickly while building goodwill. The resources needed to start an ADR program at Shepherd

Or ^^reene are well within budget guidelines, and the union is receptive. Finally, a model from a high-tech envi- " rWunent exists on which to base the Shepherd Greene ADR program.

1. Do Further Research to Determine Which ADR Plan to Use.

We were able to get detailed information only about SAIC's plan. While the plan seems workable and SAIC, like Shepherd Greene, is a high-tech company, Shepherd Greene should learn about additional plans before proposing one. The two best sources seem to be the faculty in the Dispute Resolution Program at The Ohio State University Moritz College of Law, since it is right in town,_aad-fte~rJS-Aii^Force, since Shepherd Greene hopes to do business with it.

for Conclusions and Recommendations at the beginning of reports

Module 24 Long Reports 427

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR Numbering the issues makes it easy for readers to discuss them.

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2. Involve the Union in Deciding Which ADR Plan to Use.

The union, its president believes, is receptive to ADR. To make implementation as smooth as possible, union representatives should be involved in researching additional ADR plans and recommending one. The more "buy-in" union members feel in the details of a specific ADR plan, the more quickly it will be approved and the more smoothly implementation will go.

3. Support ADR Financially.

An ADR program will require start-up funds for • Release time for personnel as they research additional ADR plans.

Use standard, • ADR training. not gimmicky, • Publicizing the program. bullets.

Once the program is up and running, continuing funds will be needed for • Release time for the person who administers the ADR plan. • Release time for personnel as they meet to resolve disputes. • Ongoing ADR training. • Funds to hire mediators and arbitrators.

While these items are not free, their cost is likely to be much less than the amount Shepherd Greene is cur- rently spending to deal with employee grievances.

Asking employees who seek mediators and arbitrators to pay part of the cost of hiring these people, as SAIC does, is reasonable and would reduce the cost to the company.

4. Pilot the Program for a Year.

The initial agreement should specify that the ADR Plan Shepherd Greene adopts will be tested for one year. At the end of that period, both Shepherd Greene management and union officials should review the suc- cess of the program and decide whether to continue. Should the two parties be unable to agree, the program should automatically be discontinued^gnd an agreement to that effect should be in place before the pilot begins. While several organizations now have experience with ADR, many different specifics are possible. It will be easier to get a program started if people know that it can be modified (or even disbanded) later as Shep- herd Greene gains experience with ADR.

428 Unit Six Research, Reports, and Visuals

Figure 24.2 A Long Report (continued)

Why Shepherd Greene Should Adopt ADR

MLA Style

Italicize title of Web page.

List all the printed and online sources Page 10 cited in your report. Do not list sources you used for background but did not cite.

Works Cited

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Abbreviate "University ^ - Page numbers of essay Press". m edited book.