MARY FROM TUCSON ASKS ...
I hired two cooks—let’s call them “Tom” and “Joe”—who’ve turned out to be like oil and water. They’ve disagreed about everything. I thought the problem was under control when I changed their shifts around. Then, last Friday, as we were changing from the afternoon to the evening shift, I heard screaming and a loud “thud” coming from the kitchen. When I rushed in, Joe was on the floor with a bloody nose, and Tom was standing over him with his fist raised, ready to hit him again. We got them separated, cleaned Joe up, and sent him home. Later, a couple of the busboys approached me and said Tom started it, tapping Joe on the shoulder and then “sucker-punching” him when he turned around. Given that I’ve had other anger management issues with Tom, it seems to me like an open and shut case, and I’d like to fire him immediately. But it’s a union shop, so I’m not sure I can. Besides, Joe refused to file a formal complaint, saying, “We have to work this out like men.” What should I do?

THE STAFFING DOCTOR ANSWERS ...
Mary, you’ve got a wild herd of issues fixing to stampede off in every direction, including the union, setting a proper example for employees, potential retribution by Joe, corporate liability to Joe, and potential harassment complaints from other employees based on a “hostile” environment.

Here are eight pointers to help you rope the strays, stifle the stampede, and get your team back on track:

1. Insist that Joe receive an immediate medical exam at the company’s expense. Otherwise, his bloody nose is a worker’s compensation disaster waiting to happen.
   
2. Meet with Tom and Joe individually—with a witness. Focus on their actions, not on who started it or why. Tell them in clear, direct language that the incident is under investigation, disciplinary action up to and including termination is being contemplated, and any recurrence of arguing or fighting during or after the investigation will result in immediate termination. Back that up with a letter to each, requiring co-signatures, that reinforces these points.
   
3. Review your policy manual on roughhousing and fighting. It probably says fighting is a “terminable” offense. It may also define a process for management to follow.
   
4. Review your union contract regarding employee discipline issues. If it’s like most, its focus will be on due process and fairness in investigation and adjudication rather than on preventing management from taking needed disciplinary action. It also may define a series of steps to be taken.
   
5. Enlist the aid of your boss, company security, local police, human resources, corporate counsel, and the union shop steward. Speak with them individually, and then pull them together in a meeting to develop a plan.
   
6. Meet with the entire kitchen and waitstaff. Without naming names, speak about the incident, and remind them of the company policy about fighting. State that an investigation is underway, disciplinary action will result, and you will inform them of the results.
   
7. Gather the facts from all relevant parties before making any decisions. The employees who approached you could have an axe to grind, and your determination to conduct a fair and impartial investigation is your best preventative and cure regarding a union grievance.
   
8. Conduct the investigation. Hold a hearing if necessary. Keep the shop steward involved. Gather the advice you need, make your decision, and act on it. Report results to the staff, management, and the appropriate union representative.

What your company, team, and the union need most from you at a time like this is that you act in a calm, deliberate, fair, and forceful manner—those are the watchwords for getting employee behavior in line and your situation back under control.