Hamilton County 
Job and Family Services
Contingency Planning  

strike preparation procedures

Executive Sponsor – Hamilton County Administrator and    HCJFS Director 
Business Owner – hamilton county Department of job & family services 
Leadership – HCJFS Executive Team  
12/1/03

Table of Contents

Table of Contents	2
Introduction	3
Leadership Team	4
Communication	5
Legal Counsel	6
Security	7
Human Resources	9
Business Continuity	12
Implementation	14
Appendices	17

Strike Preparation Procedures 

Introduction

In the event that contract negotiations with the bargaining unit reach an impasse and the possibility of the bargaining unit workers walking off the job seems probable, the following guide will assist in developing a plan to continue to provide support to Hamilton County Job and Family Services (HCJFS) clients. This document is not intended to be all-inclusive. However, it does outline what to do to prepare for a strike and how to assure that the most critical services will continue, if a strike takes place. 

The document covers the following subject areas considered necessary to the implementation of a business continuity plan: 

•	Leadership Team - Defining the membership and roles
•	Communication - Developing and implementing a communication plan
•	Legal Counsel - Understanding the rights of the striker and non-striker
•	Security - Personal safety, property protection, restricting access
•	Human Resources - Coordinating activation & deactivation of striker's benefits and access rights
•	Business Continuity -  Defining the critical tasks and available resources to support HCJFS
•	Implementation - What to do if the strike occurs 

One of the primary lessons learned from the October 2003 planning exercise was that communication of factual information to all affected parties can not happen too soon or too often. Ensuring that a good communication plan is in place and followed from the onset of the strike planning effort will decrease worker anxiety and better prepare staff should a strike occur.  

This document will walk you through, at a high level, the steps that should be taken to prepare for a strike. Included in the appendices are templates to use to capture data and examples of documents created in preparation for the potential strike in 2003. A soft copy of this report and related documentation from the 2003 planning initiative has been retained on a CD that is stored in HCJFS Human Resources. 

It is recommended that prior to April 2006 (contract end date) that the details of the procedures be more thoroughly fleshed out and a drill (mock strike) be enacted to validate the processes will work as expected.

Leadership Team

The team responsible for implementation of the plan must be composed of executive level staff. The team will be responsible for making decisions that could ultimately affect the level of service that will be available to residents of Hamilton County during a walkout of HCJFS workers.  

The team may have to make decisions such as:

•	The prioritization of services, including those to be delayed or stopped, 
•	The hiring of replacement workers in the event that negotiations extend beyond a predetermined period of time, 
•	The extending or reduction of hours of operation to address the workload and staffing constraints,
•	Expediting the creation and execution of contracts with other organizations or private firms to support HCJFS during the strike.

It is recommended that the leadership team be composed of personnel from the following departments. It is expected that all members of the committee will have decision making power within their respective area of expertise. 

•	Job and Family Services - Preferably the entire executive team. Responsible for facilitating the development and implementation of the plan.  

•	County Administration - The County Administrator and/or the Asst. County Administrator and an executive assistant. Provides direction, strategy and final decision making authority on issues to be addressed. 

•	Communication Coordinator/ Media Spokesperson - Preferably from JFS. Develops and implements the communication plan. Will be the designated spokesperson for HCJFS. Provides direction and oversight for all communications, internal and external. 

•	County Human Resources -  The head of the department and key managers familiar with the existing contract and contract negotiations. Ensures benefits of striking and non-striking employee are  understood, documented and communicated.   

•	Legal Counsel - Either independent legal counsel or a member of the Prosecutor's Office. Whoever serves on the team, the expectation is that they will be familiar with the existing contract, contract law and labor negotiations. One of their duties will be defining the legal rights of the striking and non-striking employee. 

•	Strike Planning Coordinator - Appointed by the executive members to develop the plan, coordinate the capture of information, report on status and oversee implementation of the plan. 

Communication  

A well thought out and executed communication plan has the ability to lessen the personal anxiety associated with the threat of a potential strike and decrease the amount of misinformation that is spread due to lack of factual data. The communication plan is the second most important  piece of required documentation when developing strike preparation procedures. It is exceeded in importance only by the documentation captured as part of the business continuity plan. 

The plan should address all potential stakeholders, the level of communication they are to receive, the method of communication, the frequency of communication and the entity responsible for preparation of the communiqué. The plan will include an approval process to ensure that information that is released does not constitute an unfair labor practice and that it is factually correct. 

The communication plan should be flexible enough to allow for use of all tools available to provide stakeholders with an understanding of issues and current status. The following tools should be considered as potential vehicles for distribution of information. 

•	Voice communications including the phone system (Dial-in or broadcast message)  and JFS intercom (in emergency only)

•	Electronic communication via email

•	Creation of internal and external web pages with status and FAQs 

•	Use of the US Postal service (potentially sending registered mail when appropriate)

•	Media coverage including prepared newspaper print, radio and television interviews

•	Interoffice mail and HCJFS bulletin boards 

Legal Counsel

In order to ensure that the rights of the HCJFS client, the general public, the striking worker, the non-striking bargaining unit worker, the exempt staff and HCJFS are protected, some very important questions need to be answered, documented and communicated. The assumption is that answers to the following questions are addressed either in Ohio Revised Code, the labor contract, or a legal document that governs actions to be taken and the rights of individuals with respect to a strike. The following information should be documented by legal counsel prior to the threat of a strike and made available to the Leadership team during the initial planning session meeting. 

•	Access to the building - 
•	Under what circumstances are striking employees permitted access to the building?
•	If access is permitted, are there areas of the building that can be designated as restricted and is signage required?
•	Are there penalties, other than trespassing, associated with strikers unlawfully entering the site? Are there steps or processes that must be in place prior to enforcement of the penalties? 

•	Establishment of picket lines -
•	Is there a restriction on the location of picket lines with regard to proximity to the site? (Are there rules regarding restricting ingress & egress to the site? )
•	Are there limitations on the number of workers that can be engaged in picketing at any time?
•	Can a non-striking worker join a picket line during their non-working hours? 
•	What restrictions exist with regard to whom can join a picket line? How are restrictions enforced?

•	Defining an Unfair Labor Practice -
•	Documenting the guidelines that should be followed with regard to what constitutes an unfair labor practice.
•	Identification of legal counsel that will be assigned to the Leadership team to render an opinion and provide direction on issues where legal interpretation is required.

Security 

When considering security you must address more than just the personal safety of individuals. As a starting point prepare a list of potential security issues and brainstorm how each should potentially be addressed. The following list will provide a starting point for identifying potential risks. Once the risks are identified the next step is the development of mitigation strategies.  

Risks - 

•	Access to the building
•	Access to computer systems
•	Misuse of Agency supplied cell phones
•	Access to voice mail
•	Vandalism of HCJFS and/or personal property
•	Intimidation of clients/workers/vendors

 When brainstorming ideas for mitigation of risks, care must be taken to evaluate the impact and probability of the risk occurring prior to deciding on a course of action. Although the impact of a risk could be catastrophic, without considering the probability of the risk you may over commit resources to a potentially highly improbable risk. 

For risks identified as having a high impact factor and a medium to high probability factor, it is sometimes better to implement a more aggressive mitigation plan during the 1st few days of the strike and adjust the plan based on the actual risk that is experienced. (Essentially, be prepared for the worst and adjust the alert level to required levels once the true impact is known.) 

The table on the following page can be used as a starting point in the development of your risk mitigation strategies. Your mitigation strategies need to clearly define the triggering event, what is going to be done, by whom and when. In addition to the table summarizing the mitigation strategy there should be associated documents providing detailed written procedures to follow to implement the mitigation strategy.  

Mitigation Strategies  - 

Risks & Mitigation Strategies	
Risk	Triggering Event	Mitigation Strategy	Responsible Party	When to Implement	
Access to Building	Employee Identified as Striker
•	Did not report to work - no excuse -	Section chief of emp. work unit to  alert Building Services
•	Building Services to disable swipe card access 	Building Services section chief	Immediately upon notification.	
Access to Computer Systems	Employee Identified as Striker
•	Did not report to work - no excuse -	Section chief of emp. work unit to  alert Information Systems 
•	I.S. to disable network access
•	I.S. to disable Mainframe access (Local & State)  	Information Systems section chief
•	Network Administration	Completed within one hour of notification  	
Misuse of HCJFS cell phones	Employee Identified as Striker
•	Did not report to work - no excuse	Section chief of emp. work unit to  alert Information Systems 
•	I.S. to alert voice comm. provider
•	I.S. to validate phone disabled	Information Systems section chief
•	Telecomm manager	Service discontinuance  initiated with comm. provider within one hour.
•	Service halted 8 hrs.	
Access to voice mail	Employee Identified as Striker
•	Did not report to work - no excuse	Section chief of emp. work unit to  alert Information Systems 
•	I.S. to reset password
•	I.S. to communicate password to work unit section chief 	Information Systems section chief
•	Telecomm manager	Immediately upon notification.
•	All steps completed within 1 business day	
Vandalism of property	Problem reported or observed.
•	Potentially this could be office equipment, the building, personal vehicle, etc
•	Completion of a 'Strike Incident Report'	Strike Incident Report forwarded to Human Resources
•	HR to notify law enforcement if appropriate
•	Assignment of additional security officers or increase in patrols	Human Resources
Section chief
•	Legal Counsel
•	Law Enforcement organization	Immediately notify appropriate authorities.
•	Flexibility and response time are key elements. 
•	Ensure proper investigation is complete before reacting.  	
Intimidation of clients, workers, vendors	Problem reported or observed. 
•	Completion of a 'Strike Incident Report'	Strike Incident Report forwarded to Human Resources
•	HR to notify law enforcement if appropriate
•	Assignment of additional security officers or increase in patrols	Human Resources
Section chief
•	Legal Counsel
•	Law Enforcement organization
	Immediately notify appropriate authorities.
•	Flexibility and response time are key elements. 
•	Ensure proper investigation is complete before reacting	

Human Resources

The Human Resources (HR) section is responsible for creation and distribution of a significant number of the procedures required to maintain an acceptable level of service to the community should a strike occur. HR acts as the central point of contact for activation and deactivation of the striking worker's rights and privileges, as well as being the chief negotiator with the union. HR must coordinate activities across all divisions and sections to ensure that all personnel issues are appropriately addressed, resolved and communicated in a timely and efficient manner. 

In order to assist  HCJFS in the contingency planning effort one of the first documents that Human Resources must prepare is a spreadsheet identifying all non-exempt personnel. The spreadsheet should contain at a minimum the employee's name, their section and department, the bargaining unit identifier, and their union status. 

•	By creating the list in spreadsheet form it will allow managers to sort and filter the data as a means of quickly identifying areas of significant risk, or to identify potential resources to backfill striking workers.
 
As  the central point of contact for all information related to the striking and non-striking worker, HR must coordinate the exchange of information between the security forces, Information Systems, Building Services, and section level time keepers. The following bulleted list provides an overview of activities/processes to be established and coordinated by HR. Refer to Appendix C for actual documents prepared as part of the 2003 strike preparation procedures.

•	Documenting and Reporting Absences or Return to Work

•	Striking Workers - By 9:00 am daily each section must report workers with unexcused absences to HR, I.S. and Building Services.
•	The timekeeper must create an email with appropriate information and forward to 'Striking Employees' GroupWise mailbox.
•	The time keeper will code the time sheet as time off without pay for strikers
•	Deactivation will occur -
•	Building access badge
•	Network access (local and state)
•	Phone passwords will be reset
•	By 10:00 am daily, HR to forward an updated list of striking workers to top management to assist in business continuity planning. 

•	Documenting and Reporting Absences or Return to Work

•	Returning Workers - Will be directed to report to specified areas within the buildings and will be escorted to HR by designated personnel. 
•	Door monitors will be responsible for assisting returning workers and notifying HR. 
•	HR will send an email to the GroupWise address "Returning Strikers" which will notify appropriate personnel to begin reactivation of the workers access rights.
•	HR will call the employee's supervisor and alert them of the returned striker.
•	HR will notify county personnel to reactivate benefits
•	The striking workers building access badge and network access will be reactivated
•	The returning worker will assume their normal duties or fill in as directed
 
•	Handling Situations & Inappropriate Behavior

•	Door Monitors  (See Appendix C for the door monitor staffing schedule) 
•	Times & dates are set - the assigned manager is flexible 
•	The door monitor is  not the mediator/arbiter or voice of reason
•	Do not allow yourself to be pulled into a discussion
•	The door monitor is an  escort when necessary
•	You are to ensure all personnel swipe in when entering (no piggy backing through a doorway)
•	Do not leave your post until your replacement arrives
•	You are recording inappropriate actions
•	Acts of intimidation, physical harassment, property damage
•	Remember - the cameras are also documenting the activities
•	The sheriff deputies are there to enforce the law - not you

•	Documenting Inappropriate behavior and security issues

•	Strike Incident Report - Documents all observed or reported inappropriate behavior. Depending on the nature of the incident HR may be required to follow-up with the law enforcement agency.
•	Excessive interference with ingress/egress
•	Forcing or attempting to restrict an employee, client or vendor from entering the site
•	Verbal or physical abuse (beyond simple name calling)
•	Damage or attempts to damage HCJFS or personal property
•	Committing acts designed to endanger others
•	Filling out a "Strike Incident Report"  (Multiple authors likely - completed forms to HR)
•	Client wants to report an incident - forms will be at the front desk of both buildings
•	Door patrol manager 
•	Sheriff's deputy
•	Local citizen

The preceding information represents some of the significant issues that HR addressed and documented as part of the preparation for the potential strike in 2003. It is important to note that all although processes were designed they were never implemented or tested. It is recommended that prior to April 2006 (contract end date) that the details of the procedures be more thoroughly fleshed out and a drill (mock strike) be enacted to validate the processes will work as expected.

Business Continuity 

In order to identify the level of service that HCJFS will be able to continue to provide in the event of a strike, there are many elements of the organization that must be documented and analyzed. It must be understood from the outset that it is impossible to predict what services will be adversely affected by the strike. Service levels will be entirely dependent on the skill set and number of workers that walk. Because of the uncertainty,  the plan will be built based on worst case scenario and adjusted as necessary throughout the strike. The following information is considered the minimum necessary to develop a workable business continuity plan. 

1.	Document the work activities identified as critical or mandated. The documentation should include:
•	The number of staff performing the work activity 
•	How many of them are bargaining  unit, and of those, how many are union
•	Whether the position interfaces with the public and if the employee has primary responsibility for case support
•	Whether any other employee performs this activity 

2.	Document who the personnel are that are performing the critical or mandated activities and the current status of their work activities. The documentation should include:
•	Worker name and status of the work
•	The risk associated with the work not being completed
•	Any deliverables or action items associated with the activity that are due within the next 30 days
•	Any appointments that are currently scheduled (with whom & when) - particular attention should be given to court dates. 

3.	Document exempt personnel with skill sets that could potentially fill critical positions vacated by striking workers. The documentation should include:
•	Worker name and any professional or academic training that would make them a candidate to fill a vacated position
•	The last time the worker performed the work activity and for how long
•	The current workload of the potential substitute and whether their current work assignment can be delayed 
•	Identification of the potential impact of allowing this worker's existing work to go uncompleted while substituting for the striker 

4.	Prioritize the critical or mandated activities within each of the sections and then prioritize the section level activities at the program area level. (Example: Five sections in the Income Maintenance program area. Each section will prioritize their activities 1 - nn. All five sections will meet to reprioritize the section level  activities at the program level. ) The documentation should include:
•	The program area and section name
•	A description of the critical or mandated activity to be performed
•	An assigned priority at the section level and the program area level
•	Whether the section can support the activity without additional resources, and a description of how the support will be provided
•	A narrative describing the impact of shifting resources to support the critical activity
•	For critical or mandated activities, if resources do not exist to support the activity, a description of the skills and number of people needed 

To capture this information, it is necessary to meet with each of the program areas and walk them through the process of critical activity identification. It is imperative that all sections understand the criteria to be used to determine critical activities and how the information is to be documented. Once the criteria and level of detail to be documented is understood, the sections will begin capturing the information via a series of templates. 

The documentation will be consolidated into a matrix that will be the working document that senior managers will use to support HCJFS  during the strike. Staffing and priorities will be reviewed by the senior managers on a day-to-day basis and decisions made regarding:
•	Reassignment of personnel
•	Identification of areas of significant risk and strategies to mitigate the risk
•	Identification and communication of work that will not be completed in a timely manner - including the potential impact of uncompleted work
•	Decisions regarding hours of availability and services available to clients
•	Requests for additional support, including replacement workers or contractual staff 

Implementation  

The goal is to never have to use the strike contingency plan. However, if a strike is unavoidable, then it is the responsibility of all exempt staff to support the plan and lend their skill and expertise when called upon. One of the most significant elements of implementing the strike contingency plan is ensuring that everyone is fully engaged in developing the solution.

The planning and preparatory steps should begin prior to the actual contract negotiations. The existing strike preparation documentation should be reviewed, areas where sufficient processes do not currently exist should be identified and a plan put in place to finalize any outstanding issues. The following check list provides a high level overview of work that needs to be completed in preparation for a strike and next steps in the event that a strike actually occurs.

Activity	Start Date	End Date	Responsible  Party	
Preparatory steps prior to contract negotiation 	The assumption is that these activities should be completed prior to the next contract negotiations beginning	
Document Rights of Striker & Non-Striking Employee	7/1/2004	1/1/2006	Assigned Legal Counsel 	
•	Access Rights to Building & Property 	7/1/2004	1/1/2006	Assigned Legal Counsel	
•	Establishment of picket lines  - Where, When, Restrictions 	7/1/2004	1/1/2006	Assigned Legal Counsel	
•	Define unfair labor practices 	7/1/2004	1/1/2006	Assigned Legal Counsel	
Validate existing strike preparation processes meet expectations 	1/1/2005	1/1/2006	HCJFS Human Resources	
•	Plan a 'Mock Strike'	1/1/2005	7/1/2005	HCJFS Human Resources	
•	Execute 'Mock Strike'	7/1/2005	8/1/2005	HCJFS Human Resources	
•	Review 'Mock Strike' outcomes and adjust procedures	8/1/2005	1/1/2006	HCJFS Human Resources	
Assemble Leadership  Team	2/1/2006	3/1/2006	County Administration	
•	Review current Strike preparation document 	2/1/2006	3/1/2006	County Administration	
•	Recommend Adjustments to plan 	2/1/2006	3/1/2006	County Administration	
•	Assign team to make adjustments	3/1/2006	4/1/2006	County Administration	
Assuming Strike is likely to occur 	The assumption is that you will have approxiamtely two  - three weeks to develop and finalize the following activities. Therefore - most activites will be under concurrent development and start and end dates are  not applicable. 	
Develop Communication Plan 			HCJFS Communication team	
•	Define Internal Communication Vehicle s and Content			HCJFS Communication team	
•	Define external Communication Vehicles  and Content			HCJFS Communication team	
•	Distribute Communications to Affected Parties 			HCJFS Communication team	
Assemble leadership team and brainstorm approach 			County Administration	
•	Establish expectatons and meeting schedule 			County Administration	
Assemble senior HCJFS managers 			strike planning coordinator	
•	Review approach and requirements 			strike planning coordinator	
•	Identify critical mandated functions			strike planning coordinator	
•	Identify skill set and resources			strike planning coordinator	
•	Prioritize activities, Identify services to be suspended 			strike planning coordinator	
•	consolidate  and distribute business continuity documents 			strike planning coordinator	
Coordinate  work efforts of support sections			HCJFS Human Resources	
•	Establish communication protocol with Sheriff, Info Systems, Bidg. Serv, etc			HCJFS Human Resources	
•	Develop  processes and documentation to capture employee data as required 			HCJFS Human Resources	
•	finalize security requirements and procure support			HCJFS Human Resources	
Strike Actually occurs	When the strike notice is given - a senior management meeting is to be schduled on the  1st day of the strike at approx 10:00 am to review the current state and implement the business continuity plan. 	
Assemble Senior managers			strike planning coordinator	
•	Review areas at risk			strike planning coordinator	
•	Brainstorm alternatives and recommend solutions 			strike planning coordinator	
•	Reassign personnel based on prioritization and resource availability 			strike planning coordinator	
•	communicate status to all stakeholders			HCJFS Communication team	
•	If necessary Implement mitigation strategies to ensure highest priority activites are suported 			strike planning coordinator	
•	adjust plan as necessary			strike planning coordinator	

 Appendices