Tag Archives: Board of directors

You pick’em: Who’s the best candidate for the next CEO at MOzilla?

An early Mozilla mascot
An early Mozilla mascot (Photo credit: Wikipedia)


I just posted something new over on my new blog (site is still under construction) that asks people to pick the next CEO of Mozilla should be. Click through and share your pick in the comments. Who is the perfect choice to be the next CEO at MOzilla?


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Breaking: #NLRB posts new quickie election rules

The National Labor Relations Board Proposes Amendments to Improve Representation Case Procedures

See the entire 184 page proposal here.

Office of Public Affairs


February 5, 2014

The National Labor Relations Board announced today that it is issuing proposed amendments to its rules and regulations governing representation-case procedures.  In substance, the proposed amendments are identical to the representation procedure changes first proposed in June of 2011. A Notice of Proposed Rulemaking (NPRM) will appear in the Federal Register tomorrow.  The proposals are intended to enable the Board to more effectively administer the National Labor Relations Act.  Specifically, the NPRM presents a number of changes to the Board’s representation case procedures aimed at modernizing processes, enhancing transparency and eliminating unnecessary litigation and delay.  Issuance of the proposed rule was approved by Board Chairman Mark Gaston Pearce and Members Kent Y. Hirozawa and Nancy Schiffer.  Board Members Philip A. Miscimarra and Harry I. Johnson III dissented.

In announcing the proposals, Pearce said:  “The Board is unanimous in its support for effective representation case procedures.  I am pleased that all Members share a commitment to constructive dialogue, and we all agree that important issues are involved in this proposed rulemaking. With a Senate-confirmed five-member Board, I feel it is important for the Board to fully consider public comment on these proposed amendments, along with the comments we previously received in 2011. These amendments would modernize the representation case process and fulfill the promise of the National Labor Relations Act.”

“I believe that the NPRM first proposed in June of 2011 continues to best frame the issues and raises the appropriate concerns for public comment,” Pearce said.  He stressed that the Board is reviewing the proposed changes with an open mind:  “No final decisions have been made.  We will review all of the comments filed in response to the original proposals, so the public will not have to duplicate its prior efforts in order to have those earlier comments considered.  Re-issuing the 2011 proposals is the most efficient and effective rulemaking process at this time.”

“Unnecessary delay and inefficiencies hurt both employees and employers.  These proposals are intended to improve the process for all parties, in all cases, whether non-union employees are seeking a union to represent them or unionized employees are seeking to decertify a union,” Pearce said.  “We look forward to further exchanges of ideas to improve the processes in a way that will benefit workers, employers and all of the American people.”

The reforms the Board will propose would:

  • allow for electronic filing and transmission of election petitions and other documents;
  • ensure that employees, employers and unions receive and exchange timely information they need to understand and participate in the representation case process;
  • streamline pre- and post-election procedures to facilitate agreement and eliminate unnecessary litigation;
  • include telephone numbers and email addresses in voter lists to enable parties to the election to be able to communicate with voters using modern technology; and
  • consolidate all election-related appeals to the Board into a single post-election appeals process.

The previous NPRM was published on June 22, 2011.  After considering the input provided in response, the Board had announced on December 22, 2011 that it was going to implement a final rule adopting some of those proposed amendments and defer the remainder for further consideration.  That final rule was invalidated by a District Court ruling that it had been adopted without a validly constituted quorum.  The Board’s appeal of that ruling was dismissed, pursuant to a joint stipulation, on December 9, 2013.

The public is invited to comment on the proposed changes.  The deadline for comments is April 7, 2014.  Reply comments to the initial comments may be filed by April 14, 2014. Details on how to submit comments are set forth in the NPRM.  In addition, the Board will hold a public hearing during the week of April 7, at which members of the public may address the proposed amendments and make other suggestions for improving the Board’s representation case procedures.

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My Voice of HR Advice for SHRM (from 2011) : Go Forth and Lead #SHRMADVICE

Radical Self-expression )°(

2011 Guidance for SHRM from the Human Race Horses

In 2013, the song remains the same…. #SHRMADVICE

In 2011, I don’t want SHRM to change a thing that it has already planned.  Keep up the plans for global domination expansion.  Maintain the drive for the goal line on certification.  Keep stumbling around trying to figure out how to use social media.  These are all good and valid efforts that serve the mainstream SHRM audience in some way.

How SHRM could drive Edgy HR

What I want to see is SHRM do is to add a little spice to this sauce,  put some topping on the ice cream, get a little more edgy and radical at the same time.

Here is how:

  1. Require all SHRM leaders to hold regular office hours –  I would like to see all Officers and Directors at SHRM, including the Board of Directors, establish office hours for the membership.   What are office hours?  Just like in college professors do for their students, be in your office at a designated time and place and be openly available to guide, counsel, mentor, and listen to what your membership is saying.  I would suggest 4 hours a month, but hey, start with two and grow it up from there.  Not much in terms of cost, except for the time, and what more valuable way does SHRM have to serve its members than engaging in direct outreach and communication?
  2. Make the CEO position an elected post –  voted upon every 3 years by the membership.  I wrote about this on my blog in July when Lon O’Neil resigned left.  I said then it was a crazy idea, but I still like it.  Wouldn’t it be cool to have to some relatively unknown HR professional step out of their work life and stride onto the staid SHRM scene calling for change like Barack Obama did during his 2008 Presidential campaign?  Who knows what new ideas might be generated, or how much the membership base might be energized by a direct election.
  3. Establish a Radical HR incubator – This is the crazy one.  Take a very small percentage of general operating funds and set up an incubator fund that could be used to fund bleeding edge ideas and projects, whether that be unconferences, social media, or just crazy HR project ideas that could use some seed money.   Just use a small percentage of our big mainstream, corporate organization to support the radicals out there who are thinking big, but don’t have a lot of resources.    SHRM could become an angel investor in some new HR projects and ideas, a catalyst for innovation and transformation.  Isn’t that what we are supposed to be doing anyway? Who knows what might com out of it?  There might even be money in the deal!

Alright SHRM, now you know what I think.  Go forth and conquer lead!

This article was written by Michael VanDervort, and was originally published on the Voice of  HR blog on November 15, 2010.

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NLRB social media policy for NLRB employees

NLRB social media policy

The social media policy of the NLRB from their policy web site.   I found the link in this great post from HRE.  As they note, these rules are not the same as the rules the NLRB has put in place for employers they set policy for.

 Social Network Comments Policy

The NLRB participates in social networking sites in order to engage individuals and organizations interested and affected by the NLRB’s work. Therefore, our goal is to share ideas and information with as many individuals as possible and our policy is to accept the majority of comments made to our profile. However, a comment will be deleted if it contains:

Hate speech
Profanity, obscenity or vulgarity
Nudity in profile pictures
Defamation to a person or people
Comments whose main purpose are to sell products, and
Comments that the NLRB Office of Public Affairs deems inappropriate

Please contact publicinfo@nlrb.gov if you have any questions.

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How the National Labor Relations Board members addressed their latest kerfuffle internally

Joint Statement by NLRB Chairman Mark Gaston Pearce and Members Brian Hayes, Richard Griffin, and Sharon Block

English: Mark Gaston Pearce. Mr. Pearce was a ...
English: Mark Gaston Pearce. Mr. Pearce was a member of the National Labor Relations Board (an independent agency of the United States federal government), serving a recess appointment as a Member of the NLRB from April 7, 2010, to June 21, 2010. He was confirmed by the United States Senate to a five-year term on June 22, 2010. He was appointed Chair of the agency by President Barack Obama on August 28, 2011. (Photo credit: Wikipedia)

Two days ago, we announced that Terence F. Flynn tendered his resignation to the President and the Board Chairman, effective July 24, 2012.  Mr. Flynn immediately recused himself from all agency business and asked that the President withdraw his nomination for Board Member of the NLRB.

We acknowledge that the events leading up to this announcement may have been the cause of some frustration among our staff.  While you showed extreme patience, your instinct to protect and defend the institution that you hold dear was strong.
There were many questions but very few answers.  We regret that these highly unusual circumstances gave the Board much to consider and very little that could be shared.
Resolution of this matter came as a result of the united efforts of the four Board Members present today, along with our offices and that of the Solicitor, who worked tirelessly to reach a resolution acceptable to all concerned and, most importantly, one that would protect this vital institution.
Today we ask you to reflect on the mission of this agency. We are here to enforce a statute that guarantees the right of employees to organize, bargain collectively with their employers or to refrain from all such activity.  This statute, the National Labor Relations Act, implements this nation’s labor policy – a policy that assures free choice and encourages collective bargaining as a means of maintaining industrial peace.  We serve the public in this regard employing the highest of ethical standards.  
Recent events have created a distraction from this mission.   Such distractions shall not tarnish this agency’s image – an image created from the good and honest work of its employees.  These events also caused us to reflect on the extremely high value we as Board Members place on the deliberations we have with each other and, as importantly, the free and open exchange we have with you in considering cases.  Hopefully, we can all come away from this difficult experience and the threat it posed to our deliberative process with a greater appreciation for that process.
We thanked you earlier for your hard work and commitment to excellence through even the most difficult of circumstances. You are not given enough recognition for these efforts and the ethical manner in which you pursue them.
Today, we as a Board renew our commitment to the public’s trust. We hold sacred the ethical principles that are central to this Agency, including safeguarding confidential information and deliberations.
While we as a Board may occasionally differ on matters of law, we are united in our high regard for this Agency and our commitment to fairness, collegiality and integrity.
Editorial note:  I added the bold highlighting to the one paragraph. – MVD
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NLRB board member Flynn resigns amid ethics allegations

From a press release from the National Labor Relations Board a few minutes ago:


Yesterday evening, May 26, Board Member Terence F. Flynn submitted his resignation to the President and to NLRB Chairman Mark Gaston Pearce.

His resignation is effective July 24, 2012.  He has immediately recused himself from all agency business and has asked that the President withdraw his nomination for Board Member of the NLRB.

Mr. Flynn was sworn in as a Board Member on January 9, 2012. He joined the Board in 2003 as Chief Counsel to Member Peter Schaumber, and had previously been in private practice. The letter of resignation, dated May 25, was delivered via FAX and email on May 26.

Earlier today, Chairman Pearce informed NLRB employees of the resignation and, on behalf of the entire Board, thanked them for their “hard work and commitment to excellence through even the most difficult circumstances.” He intends to issue a statement after communicating with the staff on Tuesday.

Flynn has been a target for criticism in recent weeks over allegations of impropriety. Flynn allegedly Leaked NLRB documents to the Romney campaign.  http://www.salon.com/2012/04/12/romney_mum_on_labor_mole/

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A crazy idea for replacing Lon O’Neil at SHRM

Official presidential portrait of Barack Obama...
Image via Wikipedia

Why not hold a general election?

Putting aside the delightfully lurid idea of putting Punk Rock HR star Laurie Ruettimann in charge of SHRM, I kind of like the idea of selecting the head of our professional association via a general election by the membership.  I know that isn’t the way it is done now.   I also know it is not the way it will be done, but it would be interesting and bring a whole new dynamic to the leadership selection and succession process for our beloved professional association.

Where is the Barack Obama for HR?

Wouldn’t it be cool to have to some relatively unknown HR professional step out of their work life and stride ontomthe staid SHRM scene calling for change like Barack Obama did during his 2008 Presidential campaign?  Who knows what new ideas might be generated, or how much the membership base might be energized by a direct election.   There are like 100 million reasons that it will never happen, but I can’t help but think that it would be a grand experiment.  Of course, it wouldn’t be long before we were calling for term limits, impeachments, and a greater diversity of candidate options, but one can still dream

Picking the SHRM CEO by the book

Here are some excerpted portions of the SHRM by-laws that set forth the duty of the Board of Directors, including selection of the President/CEO, and the responsibility of planning for succession.   It also discusses some the responsibilities of the CEO job.   You can find the complete by-law document here.

Section 10: Powers and Duties.

(a) The President/CEO shall manage and control the property, business and affairs of the Society, subject to Board of Directors’
oversight, control and direction, and the Board of Directors or the President/CEO shall exercise all powers of the Society
not reserved to the members by statute or by the Bylaws or the Articles of Incorporation.
(b) The SHRM Board of Directors is the ultimate governing body of the Society. The Board is also responsible for approving the
policies of the Society. More specifically, and without limitation,
the Board performs the following functions:
i. Approves an annual strategic plan, as presented by the President/CEO, and monitors its implementation;
ii. Sets policies which it determines to be consistent with the Society’s vision, mission and key objectives;
iii. Takes appropriate action to invest, preserve, expand and utilize the reserves of the Society consistent with the
strategic plan;
iv. Approves an annual budget and operating plan that is aligned with the approved strategic plan and designed to
further what it determines to be the Society’s objectives and monitors the success or failure of planned objectives;
v. Establishes the Society’s Bylaws and amends them from time to time as appropriate in accordance with Article XIV
of these Bylaws;
vi. Further defines the Society’s volunteer organizational structure and sets forth terms and conditions of affiliation
for its regions, State Councils, and chapters consistent with the Bylaws;
vii. Ensures that the Society adopt and implement a succession plan for its volunteer leaders that will provide for a diverse,
competent, dynamic and committed pool of members which can be considered for positions as openings arise at all
levels of the organization;
viii. Selects the Society’s President/CEO, sets terms and conditions of employment, evaluates his/her performance
and makes plans for succession;
ix. Reviews and approves any operational item in excess of seven hundred and fifty thousand dollars ($750,000) which
is outside the budget or which it determines will have a pronounced and long-term impact on the Society, such as
the Society’s location and physical plant; and
x. Participates in state and chapter initiatives as appropriate and approves the Society’s affiliations with other
organizations and the terms for such affiliation.
(c) The Board may act as a whole in fulfilling its responsibilities or refer matters to standing or ad hoc
Amended as of 6/2008 SHRM® Bylaws 9 committees. Committees shall be subject to the control
and direction of the Board; and the Board shall hold  all committees responsible for specified outcomes.
(d) The Board, in reaching decisions, will make good-faith efforts to ensure that appropriate information, available at the time
and relevant to a matter, is considered. All Board members should feel free to volunteer any information and/or raise
any question in furtherance of this objective in a climate of professionalism with due respect for opposing views. Board
decisions, once made, are, however, decisions of the Board and all Board members are expected to accept those decisions and be
supportive of them.

Section 11: Removal of Directors and Officers.

Any Director or officer other than the President/CEO may be removed from office, with or without cause, upon an affirmative vote of two-thirds (2/3) of the then entire number of voting Directors taken at a duly  constituted Board of Directors meeting. The President/CEO may
be removed by majority vote of the then entire number of votingDirectors, subject to any contract, if any, between the Society and
the President/CEO.

Article X: Officers

Section 6: President/CEO. The President/CEO shall be the chief  executive officer of the Society; and shall (a) be appointed by
the Board and serve at its pleasure; (b) be an ex officio, nonvoting  ember of the Board; and (c) have general charge and
supervision of the affairs and business of the Society, subject to Board of Directors’ oversight, control and direction. Each year,
the President/CEO shall submit a written report to the members summarizing the activities and accomplishments of the Society
during the previous fiscal year. The President/CEO shall report to the Board through the Chair.

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HR Carnival of Giving – How We Did!

All Ready for You
Image by krisdecurtis via Flickr

A time for giving thanks

Update: we have now collected $1,765,00..thanks!

What better day to do a post thanking a bunch of special people than the actual day of Thanksgiving, at least here in my home country of the United States.   Who am I thanking?   Each and every one of the (so far) 83 people who took part in my HR Carnival of Global Giving.  The thing was enormous, and yielded more donations than I ever anticipated.   I’ll tell you the total amount and the charity that was randomly selected at the bottom of this post.

The Money People

Here are the names of the people who have generously contributed financial support.  If I have omitted anyone, it is unintentional.  Please let me know if I did!   Otherwise, let me extend each and every one of you on the list (except for me, of course!) my heartfelt gratitude and thanks for your support and generosity.   We did a good thing here!

  • Karla Porter
  • Mark Stelzner
  • Kris Dunn
  • Joan Ginsberg
  • Lance Haun
  • Steve Boese
  • China Gorman
  • Michael VanDervort
  • Susan Burns
  • Naomi Bloom
  • Talented Apps
  • Fran Melmed
  • Robin Schoooling
  • Mike Krupa
  • Tammy Colson
  • Kevin Grossman
  • Leanne Chase
  • Angela Rosario of Jobing Tampa
  • Meghan M. Biro
  • Lisa Rosendahl
  • Shauna Moerke
  • Larry Wilson
  • Paul Smith
  • Jennifer V. Miller
  • Joan Schramm

A little mo’ money?

If you had a post published, and didn’t donate, I’d like to ask just this one time that consider doing so.  If each person who posted, but isn’t on the above list could send in $6, we would achieve a pretty magical number for this little impromptu experiment in social media fundraising.   How magical, you say?  Check out what we have raised so far!

And the winning charity as determined by a random number generator is….

the charity sbmitted by Dan McCarthy of the Great Leadership blog.   Dan is a colleague from the Smartbrief Workforce advisory board, but someone I haven’t met in person yet.   Dan submitted Children Awaiting Parents as his charity of choice.

Children Awaiting Parents, Inc. (CAP) is a national, nonprofit 501(c)(3) organization governed by a volunteer board of directors. For 37 years, they have been dedicated to finding adoptive homes for America’s waiting children.

CAP’s mission is to recruit foster and adoptive families across the United States for children who have been waiting the longest for a family. Our waiting children are often older, minorities, sibling groups who wish to be placed together, or children with emotional, mental and/or physical disabilities – children who are typically categorized as “special needs” or “hardest to place”.

How much will be donated?

Operating on the generous assumption that each of our generous contributors will fund their full commitment (despite coming up  little short of 100 posts), we have currently raised a grand total of $1,530.00!

If each person who supplied a post would donate just $6, we would be able to donate over $2,000 to this wonderful organization.   We just need another $470!  Can you help us get there?

How to donate

Whether you are on the current list of contributors, or just considering it now, we need to get the funds to Children Awaiting Parents.   Given that we are scattered all over the world, I am going to suggest that the fastest way for everyone to make their donation is to use this link to send your money and go ahead and make your donation directly.  I would just ask that you make your donation on behalf of the 2009 HR Carnival of Giving.    If you have already sent me a check, or donated through postadollar, I will make sure that those funds are included along with my own donation.

Once again, my deepest thanks to all of you, and please enjoy a safe and happy holiday season, wherever you may be!

Michael VanDervort

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