At will employment in government
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Examines literature on at-will employment and concludes that there is nothing that militates against at-will employment based upon arbitrariness.
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At will employment in government
- 1. At-will in the Public Sector:Integrating Classified SHANTANU BASU INSTRUCTOR: DR. J. STROBERG-WALKER EAC 785 NORTH CAROLINA STATE UNIVERSITY NOVEMBER 20, 2008
- 2. W is At-will? hat Employee serves an employer so long as the employer permits or likes to maintain the employee- employer relationship “With us, the rule is inflexible………a general or indefinite hiring is…….a hiring at will.” (1877, 136) – Horace Wood “Men must be left, without interference to buy and sell where they please, and to discharge or retain employees at will for good cause or for no cause or even for bad cause, without thereby being guilty of an unlawful act per se” (Payne v. Western Atlantic Railroad, Tennessee, 1884) – Tennessee Supreme Court
- 4. Central Problems Does at-will employment lead to managerial flexibility? What are the main effects of the at-will system, employees and managers perceive?
- 5. Sources RC Kearney G. Wilson Paul Battaglio Stephen Condrey LD Terry JS Bowman JS Gertz DB Stephens RL Williams JP West JP Kohl Richard Elling TL Thompson GC Sinnott S. Cohen W. Eimicke PJ Taylor R.Maranto CW Gossett JL Pierce Lee Haksoo JN Cayer PEW Trust J Walters SW Hays SC Selden Jessica Sowa JE Kellough L Hunter LC Nigro SC Coleman A Sproull Approx. 35 empirical articles related to at-will employment and civil service reform – qualitative and quantitative and multiple Internet based government and private databases
- 6. The Reality Of At-Will Vanishing Dollar Federal public debt $5.035 bn Federal deficit $7.2 tr 51.8% of feds retire by 2012 Similar for 4.2 m state employees Graying Baby Boomers
- 7. Potential Significance Mixed work forces do not necessarily have low governance ratings (Pew) Recent economic developments drive down wages – opportune moment for govts. to recruit qualified staff at lower cost Intrinsic and professional motivation of personnel New Model of Government for the 21st century?
- 8. The Framework CONTIN- ADAPTIVE AT-WILL HYBRID GENCY STRUCTURE SERVICE CLASSIFED FIT CIVIL STRUCTURE SERVICE Post-positivist structural contingency theory Fit structure Contingency Adapt contingency
- 9. Limitations Surveys key relationships in specific areas – current research is apprehension-centric – not based upon age, sex, ethnicity, etc.
- 10. The Critics Argue………. Job Security Motivation Innovation Accountability Political Interference Unfettered managerial discretion Organizational Effectiveness
- 11. Managerial Flexibility No administrative devolution No pay hikes No due process No collective bargaining Studies voice apprehensions If no empowerment of managers then why speculate? Limited empirical evidence, other than perceptions
- 12. Job Security Perception related to grievable issue expansion No real managerial flexibility High involuntary turnover Discharge for good cause not considered Judicial intervention not considered At-will manager to fire at-will employees? Locus standi of at-will established?
- 13. Motivation No talent attracted No dissenting opinion No innovation Unfair evaluations Unfair incentives No concrete evidence Only conjecture Is position far different from civil service system?
- 14. W is established…. hat At-will a reality Political nature of at-will Employee perceptions of loss of job security unfairness Managerial perception of easy-to-fire
- 15. …….and what is not Evidence contradictory No major increase in firings Judicial protections and damages Unionization of at-will employees Professional intrinsic motivation No comparison of performance with classified civil service Good civil service or poor at-will?
- 16. Defining the Phenomenon Lived by several thousand people across vast geographical regions Not necessarily homogenous in functions or any ethnic considerations across states and federal governments As the structure attempts to adapt to the at-will contingency, its incomplete transition causes the at-will personnel involved in it to develop complexes of fear, distrust and unfairness that affects motivation, job satisfaction, and security External factors now may force the final adaptation of the at-will contingency as an economic necessity as also the means to achieving a fit performance level
- 17. W Phenomenology? hy Describes universal essence Job insecurity and lack of motivation by at-will common concern Experiences not identical in all agencies and areas Perceptions based on age, sex, ethnicity, etc.
- 18. Research Design *RQ: Research Question Macro Level Phenomenology *RQ 1 *RQ 2 Identify themes at macro level Age, sex, ethnicity, skills and Micro Level geographical area Lack of managerial Phenomenology flexibility, unfairness in promotions, rewards/incentives, *RQ 1 arbitrary firings, legal *RQ 2 protections, low motivation Phenomenological Case Studies
- 19. Unit Levels of Analyses Transportation Security Administration (TSA) Airport Managers At-will Transportation Security Officers (TSOs) 25% at-will employees Lowest ratings for governance Diversity of employees Unionized at-will employees High rate of attrition Low pay benefits
- 20. Subject Selection Selection Criteria List for Managers Name Dept. Classified/ Sex Age (years) Edu Qual. Prof Qual Ethnicity Service Unclassified M= 1 25-50 =1 HS = 0 Tech = 1 Majority = 1 (years) HR = 1 C=1 F=2 50 = 2 HS = 1 Non-tech =2 Minority = 2 20≤ = 1 Non HR = 2 UC =2 ≥ UG = 2 21 = 2 (Wt*: 0.10) (Wt. 0.20) (Wt. 0.10) (Wt. 0.10) (Wt. 0.10) (Wt. 0.10) (Wt. 0.20) (Wt. 0.10) Selection Criteria List for TSOs Name Dept. Age (years) Sex Edu Qual. Ethnicity Service (years) Centrality of position HR = 1 20-40 = 1 M=1 HS = 1 Majority = 1 5-15 = 1 Specialist= 1 Non-HR = 2 40 = 2 F=2 HS = 2 Minority = 2 15 =2 Generalist = 2 UG = 2 (Wt*: 0.05) (Wt. 0.20) (Wt. 0.20) (Wt. 0.15) (Wt. 0.20) (Wt. 0.10) (Wt. 0.10) *Wt. = Weight
- 21. Interviewing Phenomeno- Logical Study Job Motivation Security Managerial Flexibility Level – I Level – II (Macro) (Micro) At-will At-will Managers Managers employees Employees Supple- Division Division Age mentary Supple- Supple- First First Ethnicity Age mentary mentary Service Sex Length Sex Ethnicity Centrality of Position Qualifi- cations Service Length
- 22. Work Flow Trans- Interviews cription Significant Narration Statements Supplementary Validation Interviews Structural Transcription Description Significant TSA data Statements Textural Themes Description
- 23. Questions