Dear E.H.R. Lady,
I love your blog! I’m hoping you’ll share your opinion on this issue. My workplace is a large non-profit organization where staff are unionized. We have an admin assistant — I’ll call her “Tina” — who is incompetent, insubordinate, and lazy. She has been this way since she was hired 10 years ago. The two managers and three directors we’ve had over the years have each been unable to help her improve her performance. She is chronically late, makes costly errors, finds any excuse to be away from the office/desk. She is inefficient and disorganized. She blames all her mistakes on other people. Not surprisingly, this has taken a toll on other staff who have to live with the consequences but are powerless to change the situation.
Each manager/director has been aware of the situation. Each has collected “documentation.” There must be a file drawer full of this stuff. A few years ago, “Tina” filed a grievance against one manager for placing a warning letter on file without asking Tina to sign it first. (The manager had received incorrect procedural advice from HR.) Tina won her grievance and the letter was removed.
Manaement seems to go through phases where they’re actively “documenting” her. They’ve had countless talks and arguments. They’ve hired assistants to do the work Tina has failed to do, paid a lot of money to fix her mistakes, brought in coaches of various kinds to try to improve her performance. There are temporary improvements and then we’re right back where we were.
The managers are all terrified of another grievance. They claim it’s impossible to fire someone because of the collective agreement. This bugs me. I like unions and what they stand for (benefits, raises, safety, vacations), and I don’t really think management has tried hard enough to get rid of this person. There’s nothing in the collective agreement that says you can’t fire someone, but you have to follow certain procedures and be very direct with the employee about what is happening. Instead, management would rather blame the union and wait for someone else to deal with the problem.
In your experience, how hard is it to fire someone in a union? What do managers do wrong in these situations and what could they do better?
Please help us! The work we’re doing is important and I think we’re at serious risk of losing good people if we can’t get rid of the bad.
Throughout the above letter, I’ve put several phrases in bold. I did this, not just to be aesthetically interesting, but to call attention to your real problem (which you already know).
The problem is not Tina. The problem is the managers.
The first clue is that Tina has been there 10 years. Each passing day makes it harder to fire someone. I presume this is even more so in a union environment, where seniority plays a key role. My argument, (if I were Tina or the Union) would be, “If I’m such a bad employee, why didn’t you fire me 10 years ago? I haven’t changed and the work hasn’t changed. Therefore, this is an unjust termination.”
It’s a valid question. Why didn’t they fire her or begin filing grievances on her first mistake? I know that seems harsh, but it’s the only way to make sure you don’t end up here–10 years down the road. The right thing to do is still to send her out the door. If what you’ve said is true–about costly mistakes and hiring coaches–then what is management scared of? If the union workers (not union leadership) is just as annoyed with Tina as you are, they aren’t going to see Tina’s termination as a rallying point.
There are procedures for firing a union person. They need to be followed. Your managers won’t do it. Why? They’ve checked out. They know they won’t be in the position forever, so they ignore it and push it onto the next person to take the job. It’s less difficult to ignore and compensate for Tina then it is to get up the guts to do something about it.
Managers, presumably, make more money than staff because they have to make the hard decisions. This means dealing with the union. Somehow, I can’t imagine the union being completely irrational. Yes, Tina filed a grievance and won. But management didn’t follow proper procedure. They need to follow proper procedure.
This does not help you in anyway, however. You (as you know) won’t win any points by documenting Tina’s behavior yourself. So, what can you do?