Division of Human Resources

University of Pennsylvania
Workplace Issue Resolution Program

Resolving Workplace Issues Through The Workplace Issue Resolution Program

University of Pennsylvania, Division of Human Resources

The Workplace Issue Resolution Program is a special program that gives you the opportunity to resolve work related issues with your manager or with co-workers. This program provides different options for you to work through issues at the early stages of conflict and address misunderstandings that cause communication break down. The Workplace Issue Resolution Program, with the support of the Division of Human Resources, strives to ensure an open line of communication and thereby promotes flexible creative solutions that are agreeable to the individuals involved in a disagreement.

This program recognizes the importance and benefits of problem resolution by the parties who are directly involved in the conflict and provides several options to support that effort. All options take into consideration that you and those you are in conflict with stand the best chance of generating solutions that are meaningful and lasting in your ongoing working relationships.

Through this program you may want to:

  • Discuss your concerns about overall difficulties you are experiencing as a staff member
  • Address specific actions that have been taken by your supervisor which affect the terms or conditions of your employment
  • Discuss issues of concern that you are experiencing with a co-worker (s)

The Options you have for addressing issues:

  • Open Communication Philosophy
  • Conference/Facilitated meetings with a University representative
  • Mediation

How do these Options Work?

Open Communication Philosophy: Discussion(s) with school/center management

The Workplace Issue Resolution Program strongly supports efforts for open dialogue between you and the management within your school or center by encouraging open lines of communication through various levels with your organization. This option provides the most direct way to raise your issues by going directly to your supervisor or higher levels of supervision. Your supervisor may be closest to your situation and in a position that could be helpful in working toward a solution. Ask to talk over your problems with your supervisor.

If you believe that your supervisor is not able to give proper consideration to the issues, and/or you have concerns about retaliation against you, you may contact the Division of Human Resources or a University Resource office (see list on page 5 of these materials) to receive guidance about how to proceed.

If you are unsatisfied with your immediate supervisor's response or need to talk to someone other than your supervisor, you may take your problem to the next higher level of supervision. You are encouraged to speak with the administration and management in your school or center, since that is often the most direct way of getting matters addressed.

Conference/Facilitated Meetings with University Resources

If you feel uncertain about how to effectively approach the management in your area or if you have approached your supervisor, employee and/or co-worker and have not reached a satisfactory outcome, you are encouraged to seek advice and assistance from one of the Resource Offices at the University. A trained professional from one of these offices can assist in addressing/resolving the issue by having discussions with your supervisor, co-worker or other departmental management. They may also facilitate a meeting to assist you in resolution of the issues you raise. If the issue(s) involves a violation of federal, state or local harassment or discrimination laws, the issue will be investigated and/or referred to the Office of Affirmative Action and Equal Opportunity Programs (OAA&EOP).

By consulting with a Resource Office, they may assist in facilitating open lines of communication with management in your department. If you choose to resolve your concerns by discussing them with your supervisor, you should feel free to request the assistance of a representative from a Resource Office in your discussions with management.

You may also contact Human Resources, Staff and Labor Relations to obtain clarification and interpretation of policies and procedures which may apply to the issues you are raising.

Mediation

Your issue may also be addressed through mediation. Mediation is a private and confidential process for resolving conflict that gives you the opportunity to recognize and better understand each other’s perspectives, as well as develop communication skills that contribute to your ability to undertake further workplace related discussions. Through this process you will have the opportunity to be heard by a neutral person who is not involved in you dispute. The mediators will assist you in reaching flexible and creative solutions that are designed by you and others directly involved in the issue, thereby making it easier to follow. Mediation is an excellent way to recognize and better understand each other’s perceptions, as well as develop communication skills that will strengthen your ability to resolve future workplace related issues. All agreements are voluntary and all other options for settlement are still open to you if mediation does not result in a satisfactory outcome. While mediation is challenging, the process has the potential to bring parties with different points of view closer together.

Mediation can be initiated thought a request or recommendation. Your supervisor or co-worker may request mediation. Additionally, you may either request it or you may be referred to mediation by Human Resources or any other resource office. Mediation may be recommended for most disputes that involve your supervisor or your co-worker. There may be situations in which mediation is not appropriate.

If mediation is recommended or you desire to try mediation, Human Resources will facilitate the selection of two trained volunteer mediators to co-mediate your dispute. The selection will be drawn from a trained pool of mediators at the University Mediation Program. The mediators are neutral facilitators who will assist you and those you are in conflict with to reach your own settlement. The mediators will not render any final and binding decisions. Rather, you and other concerned parties will work toward agreeing on your own solutions.

The mediators will contact you and the other parties involved to set up the session(s). The necessary and basic information that mediators will need to conduct the mediation will be provided by Human Resources. In the initial part of the mediation process, to insure neutrality, you and the other participants will not speak to the mediators before the first meeting. The mediators will not have in-depth prior knowledge of the issues or facts. This allows for the mediators to be unbiased and open-minded when entering into the process. However, in cases where more than one meeting is necessary, it may be appropriate for the mediators and the participants to have some discussion between sessions.

When you sit down with the mediators, they will explain their roles and the structure of the process. The mediators will then ensure that you and other participants will each have an opportunity to convey your issues without interruption. Once you have each stated your issues, you will then discuss them and respond to each other’s concerns, and possibilities for meeting each other’s interests and needs.

Throughout the process, the mediators will facilitate the identification of issues, communication of interests and assist in creating and exploring options for resolution. The mediator will also ensure that each concerned party understands and is comfortable with proposed solutions. Where applicable, the mediators will check with Human Resources to make sure that all proposed solutions are legal, in compliance with University policy and feasible.

If agreement on any or all of the issues is reached, and you and other participants are ready to propose a final agreement, the mediators will assist in developing a written agreement, which will be signed by all participants of the process, including the mediators. You and the other party as well as Human Resources will receive a copy of the mediated agreement. All notes other than the written agreement will be destroyed by the mediator as soon as the session is finished. Mediation sessions are not taped.

Retaliation

You may not be retaliated against for utilizing the options of the Workplace Issue Resolution Program. The University considers any such action(s) a serious offense and a violation of University policy. Violators will be subject to appropriate disciplinary action, up to and including termination. If you feel you have been retaliated against, you should feel free to contact Human Resources or OAAEOP

Allegations of illegal discrimination

In cases where an allegation of unlawful discrimination is not the sole issue for resolution, but is a part of the issue to be resolved, you may continue with mediation and defer notification to or action by the OAA&EOP pending the outcome of the mediation. If you elect to contact or desire resolution by the OAA&EOP, the mediation will be postponed pending any action by that office. If both parties agree, in cases where there is not a finding of illegal discrimination by the OAA&EOP, the parties are able to use mediation to address any underlying issues.

Issues that may not be addressed through the Workplace Issue Resolution Program are:

  • Determination of base salary/salary increases, or claims of salary inequities, job grading and classifications
  • Selection for jobs or reassignments
  • Performance Appraisal
  • Decisions resulting in restructuring or position discontinuations

NOTE: Staff members whose employment with the University is terminated will not be afforded the opportunity to mediate the concerns they have regarding the termination. Any concern regarding the termination must be raised within ten (10) working days from the date of termination. In these cases a staff member may request a panel hearing.

University Resources
Here is a list of resources you may contact to assist you with your issue:

Division of Human Resources
Suite 527A, 3401 Walnut St/6228
215-898-6093; 215-898-6019
http://www.hr.upenn.edu/

African American Resource Center
3537 Locust Walk/6225
215-898-0104
http://www.upenn.edu/aarc/

Lesbian Gay Bisexual Transgender Center at Penn
3907 Spruce Street/6031
215-898-5044
http://www.vpul.upenn.edu/lgbtc/

Office of the Ombudsman
113 Duhring Wing/6303
215-898-8261

Penn Women’s Center
3642 Locust Walk/6230
215-898-8611
www.vpul.upenn.edu/pwc/

Office of Affirmative Action & Equal Opportunity Programs (OAA&EOP)
3600 Chestnut St., Sansom Place East, Suite 228/6106
215-898-6993
http://www.upenn.edu/affirm-action/

Employee Assistance Program (EAP) and Worklife Benefits
1-888-321-4433