Minutes for the October 20, 1999 meeting of the Council of Federal EEO and Civil Rights Executives
Sponsor: Bonita White, Department of Health and Human Services.
President Luther Santiful (Director the Department of the Army EEO Agency) opened the meeting at 10:15 am.
All members in attendance introduced themselves and their agencies.
Mr. Santiful introduced Ms. Evelyn White, Assistant Secretary for Management & Budget of the Department of Health and Human Services, who brought welcoming remarks and in closing she emphasized that "We do not do anything alone. Accomplishments are defined by we or us."
Mr. Santiful then introduced Ms. Leslie Bayliss and Ms. Kim Brown of the U.S. Postal Service’s ADR Taskforce. Ms. Brown, an attorney with the Postal Service, provided a presentation on the USPS Mediation Program: Resolve Employee Disputes, Reach Equitable Solutions Swiftly (REDRESS).
Cases are mediated within two weeks from the time that employee elects mediation in lieu of traditional EEO counseling.
In October 1994, program piloted in three sites in North Florida, by 1996, it had expanded to 17 select
sites around the country. These sites used: inside, shared, and external neutrals.
Professor Lisa Bingham, Indiana University, conducted comparison of each model, and data showed that participants including employees and supervisors, were more satisfied with the outside model.
Professor Bingham continues to assess participant satisfaction through use of an exit survey. Current database includes responses from over 7,000 surveys. Satisfaction with the mediation process, mediators and outcome remain extremely high.
Over 2,500 mediators have attended the USPS 2-day advanced mediation skills training and are being used throughout the country.
Currently use outside or external neutrals exclusively to mediate EEO disputes, as the program must have perception of neutrality.
In August 1999, program was fully implemented (100%) nationwide and is now available to every employee in each of the 85 postal performance clusters.
In FY 99, as the program was gearing up, close to 12,000 mediations were offered and almost 9,000 mediations were held. Of those cases that were mediated, 81% either were resolved at the table, withdrawn, or settled generally within one month after the mediation ended. Only 19% flowed through and became formal complaints.
Ms. Brown and Ms. Bayliss entertained questions.
Mr. Jorge Ponce, Vice-Chair of the Council, asked whether the Mediation and the EEO Programs had a smooth relationship with each other. Ms. Brown indicated that there was a bit of friction between the two programs and with the unions, but she hoped that cross training would solve these problems. Next, Mr. Ponce asked whether the mediation process was voluntary for all parties. Ms. Brown said that mediation was voluntary for employees, and that managers were required to attend it. However, managers were not required to stay or to settle complaints.
The next presenter was Steve Marica, Director of USIS, who was formerly with the Office of Personnel Management’s Office of Investigations. This investigative consulting company has a record of having investigators on site within 72 hours and each investigator must complete a 32-hour training course. He gave a brief presentation of their services and provided handouts concerning cost and the type of services available to agencies in the area of complaints processing. To get in touch with Steve, you may call him at (301) 887-1010, or by fax at (301) 887-1011.
There were various comments brought by some members about the issue of whether an EEO Director should always be apprised of settlement agreements, the notices for meetings, and the restrictions on the amount of time spent by presenters during each meeting.