Successful presentations are key to

persuading an audience to take action

and change their behavior. In a

successful presentation, the presenter

must clearly state exactly what they

want their audience to do. Speakers

must anticipate their audience needs,

tune into them, and create a message

especially for them. Personal appeal

can be very powerful in motivating an

audience to act.

How does this translate to you as the

employer and for your employees?

When you present information in a

meeting, formal or informal, you are

the key speaker and your employees

are your audience. Regardless of the

type of speech or presentation, you

are typically addressing four types of

people: doers, suppliers, influencers,

and motivators.

•Doers start activities after a

great speech or presentation. Doers

are the worker bees that take on tasks

and recruit other doers to help them.

Doers will go out and try new things.

Ask your doers to assemble, gather,

decide, respond, or try something.

•Suppliers pull resources to-

gether after an innovative presenta-

tion. Suppliers either have, or can

gather, the finances, staff, or materi-

als to move the message forward.

Ask your suppliers to acquire, fund,

support, or provide resources.

•Innovaters generate ideas after

a well developed plan is presented.

Innovators identify new ways to get

the message out to a larger group of

people. Innovaters create strategies

as well as products. Ask your inno-

vaters to create, invent, pioneer, and

discover.

Even in very large audiences, each

individual will have a natural tendency

to fall into one of these roles over the

others. Providing each role type with

an action item ensures that every

member of the audience or your team

comes away from the presentation

motivated to do something.

Make sure your presentation identifies

actions that are simple and straight-

forward for easy execution. Be certain

your audience understands the posi-

tive outcome for themselves and for

the organization upon completion of

these simple actions. Momentum will

build and you will see quicker results if

your audience feels some direct

benefit to them.

Your call-to-action must be subtle.

Ending a speech or presentation with a

to-do list is not inspirational. Make

sure to end on a high note, encourag-

ing your audience to rise to the

challenge using their own unique

abilities.

Employers Resource Association

Cincinnati: 1200 Edison Drive

Cincinnati, OH 45216-2276

Phone: 513.679.4120 | Fax: 513.679.4139

Columbus: 300 East Broad Street, Suite 550

Columbus, OH 43215-3774

Phone: 614.538.9410 | Fax: 614.538.9420

Toll free: 888.237.9554 www.hrxperts.org

March 2 0 1 1

Inside this issue:

1 Successful Presentations

2 From the President

3 Survey Update

4 Upcoming Training

6 Member Highlights

7 New Members

8 Safety Spotlight

12 The Law Review

Special points

of interest:

9 ERA Special Events

10 Tuition Assistance

10 Ohio Labor Law Poster

11 Management Leadership Series

Make Your Presentations Call People to Action

As a non-profit Human Resources

Consulting Organization, we rely

greatly on the wisdom and experi-

ence of some of the area’s leading

members of the business community.

We are honored and grateful that so

many individuals have donated their

time and expertise by serving on our

board of directors. This year brings

several changes to the board, and we

would like to highlight some of our

new executive leaders. Please join

me in congratulating them on their

new roles.

The new Board consists of the

following members, including newly-

elected Chair of the Board Lynn

Mangan, Vice President, Client

Services of Paycor, Inc., new Vice

Chairman Bill Thiemann, Executive

Vice President and Chief Customer

Officer of LPK, and new Treasurer

Katharine C. Weber, Attorney at Law,

Jackson Lewis LLP. Charles J.

Aardema, Vice President, Human

Resources for totes Isotoner, is also

new to the Board. Board members

serve a three year term with the

option to renew for three years and

are replaced on a rolling basis.

The 2011 Officers of the Board

include:

Lynn M. Mangan, Vice President,

Cient Services of Paycor, Inc., Chair

Bill Thiemann, Executive Vice

President & Chief Customer Officer of

LPK, Vice Chair

Katharine C. Weber, Attorney at

Law, Jackson Lewis LLP, Secretary

Michael J. Kelley, Chairman &

CEO of Kelvest, Inc., Past Chairman

Directors:

Sharyl Gardner, Vice President,

Human Resources of Midmark Corpo-

ration

Kelly Turley, Vice President of

Human Resources of The W.W.

Williams Co.

Mark Hausfeld, Vice President

and Chief Administrative Officer at

C.W. Zumbiel Company

John Mitchell, Executive Director

of the Cincinnati Association for the

Blind and Visually Impaired (CABVI)

Charles J. Aardema, Vice Presi-

dent, Human Resources for totes

Isotoner

We are actively seeking board

members in Columbus. If you have

suggestions for any candidates,

please let me know.

Central Ohio members have already

had the chance to meet many of our

board members at the open house on

March 3, and we hope to provide a

similar opportunity for our Cincinnati,

Dayton, Northern Kentucky, and

Indiana members later this year. We

look forward to working with our

Board this year to help keep you

current, compliant, and competent!

From the President

ERA Board

Update

PAGE 2 March 2011 ©ERA

Jennifer Graft, SPHR

The deadline for the 2011 Profes-

sional and Supervisory Survey has

been extended until Friday, April 1.

This comprehensive survey covers

salary data for 125 professional,

managerial, and supervisory related

occupations in fields such as:

• Accounting

• Administrative

• Human Resources

• Customer Service

• Marketing

• Production

Also look for the 2011 Engineering

and Technical Survey questionnaire,

which will be sent out on Friday, April

1. Finally, make sure you participate

in the July-December 2010 Turnover/

Layoff Survey. This short survey

covers monthly and annual turnover

for 2010, and can be accessed by

clicking here.

The 2011-2012 National Policies

and Benefits Survey is now

available!

The new National Policies and Bene-

fits Survey covers benefits data from

over 2,300 companies nationwide,

including 120 from the Cincinnati/

Columbus area. This comprehensive

400 question survey covers almost all

facets of employee benefits, including

paid time off, healthcare, vision,

dental, STD, LTD, life insurance,

relocation, and much more. All

participants should have received

their copies of the survey, and it is

also available for purchase. As a

bonus, if you purchase the survey,

you will also receive a local cut of the

data which covers the Cincinnati,

Dayton, Northern Kentucky, and

Columbus area. Please contact the

survey department if you are inter-

ested.

Please contact the Survey Depart-

ment at 513-679-4120, toll free at

888-237-9554, or contact Douglas C.

Matthews at

dmatthews@hrxperts.org if you have

any questions about our survey

processes or need assistance with

completing your survey question-

naires.

Survey Update

PAGE 3 March 2011 ©ERA

Here are the current

survey deadlines:

• Professional and

Supervisory

questionnaire has

been extended to

Friday, April 1

• The 2011

Engineering and

Technical Survey

will be sent on:

Friday, April 1

• The 2011

Health and

Welfare Benefits

Survey will be

sent on:

Wednesday,

April 13

• The 2011 Turn-

over/Layoff Sur-

vey is due on Fri-

day, April 8

Benefits of Participation

This program is designed specifi-

cally for the newly promoted

supervisor or someone who will

soon make the transition. It is

designed to introduce supervisors

to the dynamic nature of their new

role and to the fundamental skills

necessary to be immediately

effective in that role.

Learning Objectives:

• Distinguish between old and new

roles, responsibilities and

relationships

• Master key functions and duties of

supervisors

• Identify the difference between

aggressive and assertive behav-

iors

• Develop communication skills to

effectively influence others

• Give ongoing feedback and

recognition

• Provide effective coaching and

conflict management

• Manage time and identify

priorities by setting S.M.A.R.T.

goals

• Develop and implement an action

plan for future success.

About your instructor…

Jerry Yingling, PHR, Learning and

Development Consultant, leads this

informative and important growth

opportunity. He brings years of

experience to this program and

shares many insights to success.

Making the Transition to Supervisor

PAGE 4 March 2011 ©ERA

Date:

Wednesdays, April 6, 13, 20 &

27, 2011

Time: 8:15 am - 12:15 pm

Location:

ERA Cincinnati Office

PHR/SPHR/GPHR

Recertification Credits: 16

CEUs: 1.6

CPEs: 16 management

Member Fee: $340.00

*Non-member Fee: $475.00

Member Discount

Register three or more people

at least 14 business days prior

to the program to qualify for a

5% Group Discount. Members

who are paying 14 business

days prior to the program may

also take a 5% Earlybird Dis-

count.

*Pre-payment is required for

non-members.

To register, e-mail

training@hrxperts.org

or call 513.679.4120

Who Should Attend?

Potential and new supervisors

preparing for a leadership role

and those who plan on attend-

ing Excellence in Leadership I.

CANCELLATION POLICY:

Substitutions may be made at any time prior to the first class session. No-

shows or cancellations in writing within 2 full business days will be charged.

This program helps supervisors and

managers to more capably coach

their employees into enhanced

performance on the job. It will

reinforce the business value of

helping employees realize the need

to improve their own performance or

to change their behaviors in the

workplace. As a result of lively

practice in this session, leaders will

be better able to use performance

coaching as a method of helping their

employees grow and develop greater

responsibility for their choices,

actions and productivity.

• Utilize coaching to improve

performance

• Identify main reasons employees

do not perform as expected

• Master six steps of coaching for

performance deficiency

• Gain “buy-in” at an important

time

• Live practice of common per-

formance/behavioral issues

• Develop sound documentation

practices

• Preview effective communication

skills during coaching.

About your instructor…

Jessica Coleman, Learning and

Development Consultant, will lead

this practical and information-packed

program for the Association.

Coaching Skills for Managers and Supervisors

PAGE 5 March 2011 ©ERA

Date:

Thursday, April 7, 2011

Time:

Time: 8:30 am - 3:00 pm

Lunch is included

Location:

ERA Columbus Office

PHR/SPHR/GPHR

Recertification Credits: 5.5

CEUs: 0.3

CPEs: 3 management

Member Fee: $155.00

*Non-member Fee: $215.00

Member Discount

Register three or more people

at least 14 business days prior

to the program to qualify for a

5% Group Discount. Members

who are paying 14 business

days prior to the program may

also take a 5% Earlybird Dis-

count.

*Pre-payment is required for

non-members.

To register, e-mail

training@hrxperts.org

or call 614.538.9410

Who Should Attend?

Team leaders, supervisors,

managers and executives.

This class is not for EL se-

ries participants.

CANCELLATION POLICY:

Substitutions may be made at any time prior to the first class session. No-

shows or cancellations in writing within 2 full business days will be charged.

Capital Resin Corporation

Capital Resin Corporation (CRC) began

in 1976 and is a certified custom manu-

facturer of specialty chemical products.

CRC manufactures industrial resins,

catalysts, specialty intermediates, and

additives. Many of these products are

made on a contract manufacturing basis.

These intermediates are used by their

customers in industries such as paints

and coatings, personal care products,

paper, agriculture, and electronics.

Kaleidoscope

Kaleidoscope is a strategic product de-

sign and development company based in

Cincinnati, Ohio with offices in New

York, Detroit, Indianapolis, and Florida.

For more than 20 years, Kaleidoscope

has been providing inventive solutions

for complex products in the Consumer

Products, Medical, Transportation, and

Electronics industries.

Magna Machine Company

Founded in 1947, Magna Machine builds,

repairs and remanufactures industrial

machinery. Guided by principles of qual-

ity production, personalized service, and

on-time delivery, they serve many in-

dustries, including plastics, energy,

chemical processing, paper, machine

tools, amusement, and steel.

Healthcare Regional

Marketing

Healthcare Regional Marketing provides

strategic marketing and deployment ser-

vices exclusively focused on helping

pharmaceutical companies grow sales in

regional markets.

Graeter’s Inc.

Since its founding in 1870 by Louis C.

Graeter, Graeter's French Pot Ice

Cream, handmade chocolate confec-

tions, and fresh baked goods have be-

come traditions in the Queen City. Today

the Graeter family still faithfully uses his

century old recipes and methods of pro-

duction.

Nash Finch Company

Originally established in 1885 and incor-

porated in 1921, Nash Finch Company,

headquartered in Minneapolis, Minne-

sota, is the second largest publicly

traded wholesale food distributor in the

United States, in terms of revenue,

serving the retail grocery industry and

the military commissary and exchange

systems.

Member Highlights

PAGE 6 March 2011 ©ERA

Welcome, new

members to ERA!

New Members

PAGE 7 March 2011 ©ERA

These companies

have recently

joined ERA:

BRG Realty Group, LLC is located in Cincinnati. Jeffrey March is the CEO.

Capital Resin Corporation is located in Columbus. Dan Yinger is the

President.

Dublin Counseling Center is located in Dublin. Julie Erwin Rinaldi is the

Executive Director.

General Data Company is located in Cincinnati. Erin Johnson is the HR

Director.

Graeter’s, Inc. is located in Cincinnati. Richard Graeter is the President &

CEO.

Healthcare Regional Marketing is located in Cincinnati. Bill Goldberg is

the CEO.

Kaleidoscope is located in Cincinnati. Andrea Staggs is the HR Manager.

Magna Machine Company is located in Cincinnati. Paul Kramer is the

President & CEO.

Nash Finch Company is located Cincinnati. Eldon Neill is the HR Man-

ager.

Performance Automation, Inc. is located in Milford. Susan Kalhorn is

the President.

Resource One Computer Systems is located in Columbus. Bill Martin is

the President.

Schneider Electric is located in Oxford. Julia Ransom is the Senior HR

Representative.

U.S. Protection Service is located in Columbus. Keith Thatcher is the

CEO.

W.P. Dolle LLC is located in Cincinnati. Mark Rummler is the Managing

Member.

Whether you have a consistent number

of small workers’ compensation claims or

the occasional catastrophic injury, con-

ducting a proper accident investigation is

a key tool for employers to control their

workers’ compensation expenses. An ef-

fective accident investigation can shed

light on the root cause of an accident and

provide ideas for corrective actions to

minimize the chances of similar accidents

from happening in the future. As an

added benefit, documentation from an

accident investigation can also be helpful

in the claims management process.

Knowing how to conduct a proper acci-

dent investigation is critical and involves

six key elements:

1. Timely reporting of incidents

2. Using the right investigative tech-

niques

3. Identifying the root cause of acci-

dents

4. Analyzing information and data col-

lected during the investigation

5. Taking corrective actions

6. Maintaining proper records

It goes without saying that the first pri-

ority after any on-the-job injury is to

make sure your employee gets the

proper treatment as quickly as possible.

Once your employee is taken care of, the

next

step is to secure the accident scene, tak-

ing care to preserve any evidence from

the injury. You should interview the in-

jured employee, their supervisor and any

other eyewitnesses to the accident. Pur-

sue the “Five W’s” - Who, What, When,

Why and Where.

Examples of questions you might ask

eyewitnesses include:

• What did you see?

• What did you hear?

• Where were you at the time of the

accident?

• What do you think caused the acci-

dent?

• Was there anything different today

that a normal day?

Examples of questions you might ask

supervisors include:

• What is normal procedure for the

activity involved in the accident?

• What type of training did the em-

ployee have?

• Is there anything that could have

prevented the accident?

The goal of your interviews is to deter-

mine what was abnormal at the time of

the accident, where this abnormality oc-

curred, when it was first noted and how

it occurred. Generally, workplace acci-

dents result from a combination of un-

safe conditions in the work environment,

faulty equipment and materials, and un-

safe actions by the employee.

Once all of this information is captured,

someone in the company should analyze

the information to determine a clear pic-

ture of what happened and identify nec-

essary corrective actions. Over time, em-

ployers can begin to identify trends and

prioritize safety actions.

For more information about accident in-

vestigations, please call Shawn Combs,

Risk Control 360, Group Safety Account

Executive at (877)360-3608, ext. 2364.

PAGE 8 March 2011 ©ERA

Effective Accident

Investigations

Key to Injury

Prevention

Strategy

Safety Spotlight

ERA Partnered Service Provider

PAGE 9 March 2011 ©ERA

Columbus Training

Coaching Skills for Managers

and Supervisors will take place

on Thursday, April 7,

8:30 am - 3:00 pm

Exceptional Customer Service

will take place on Tuesday April

12, 8:30 am - 3:00 pm

Managing Work Place Stress

will take place on Thursday, April

14, 8:30 am - 12:30 pm

Cincinnati Training

OSHA 30-Hour General Indus-

try Outreach Training will take

place on Tuesdays, April 5, 12,

19, 26 & May 3,

9:00 am - 4:00 pm

Making the Transition to Su-

pervisor will take place on

Wednesdays, April 6, 13, 20 &

27, 8:15 am - 12:15 pm

Interpersonal Development

Series will take place on Thurs-

days, April 7, 14, 21 & 28,

8:30 am - 11:30 am

Managing Workplace Stress

will take place on Thursday, April

7, 8:30 am - 12:30 pm

Excellence in Leadership II will

take place on Tuesdays, April 19,

26, May 3, 10, 17 & 24,

8:15 am - 12:15pm

The Complete Receptionist will

take place on Monday, April 25,

8:30 am - 5:00 pm

Management’s Rights in a Un-

ion-Organizing Campaign will

take place on Tuesday, April 26,

8:30 am - 12:30 pm

To register for classes,

e-mail training@hrxperts.org

or call 888.237.9554.

ERA Special Events

Tara K. Burke

Jackson Lewis, LLP

Tuesday, April 19

8:30 am - 9:30 am

ERA Cincinnati Office

Member Fee: $25.00

To Register...

William A. Nolan

Barnes & Thornburg LLP

Wednesday, April 27

8:30 am - 9:30 am

ERA Columbus Office

Member Fee: $25.00

To Register...

Curtis L. Cornett

Cors & Bassett, LLC

Tuesday, May 17

8:30 am - 9:30 am

ERA Cincinnati Office

Member Fee: $25.00

To Register...

Legal Breakfast Briefing Cincinnati “The Biggest Mistakes Employers

Commonly Make in Potential FMLA Situations”

Legal Breakfast Briefing Columbus “Non-Competition and Confiden-

tiality Agreements - What You Can and Can’t Legally Do”

Legal Breakfast Briefing Cincinnati “Non-Competition and Confiden-

tiality Agreements—What You Can and Can’t Legally Do”

ERA Six Month Training Catalog January—June 2011

Cincinnati Catalog

Columbus Catalog

PAGE 10 March 2011 ©ERA

ERA Staff Members

SCOTT BARRETT

JIM CARTER

DAN CHANEY

JESSICA COLEMAN

CORIN CUNNINGHAM

TOM EBERWEIN

BARBARA ENGLAND

JENNIFER GRAFT

PATTI GROGAN

LORI HALL

BRANDI HELTON

TERRY HENLEY

PETER LANDESMAN

JEFF LUCAS

DOUGLAS C. MATTHEWS

RALPH NEAL

CAROLYN POTTER

CAROL REUBEL

APRIL RISEN

SUSAN STERRITT

JERRY YINGLING

Although more students are receiving

employer tuition assistance today than

ever before, fewer employers are of-

fering tuition assistance as a benefit,

according to data collected from vari-

ous sources including the National As-

sociation of Independent Colleges and

Universities (NAICU), the Carlson

School of Management, and the Haas

School of Business.

In 2010, 56 percent of employers of-

fered some kind of tuition assistance,

down from 69 percent in 2003. Mean-

while, the use of such benefits by em-

ployees doubled during the same time

period. In addition, the data also indi-

cated that business was the top area

of study for employees, including

management, accounting, financing,

and marketing.

Originally, tuition assistance pro-

grams were intended to improve a

worker’s skill set, retain talent, and

promote goodwill. In 2000, only 23

percent of employers offering tuition

assistance required graduates to pay

back the cost of their tuition if they

left the company within the first year

after graduating. In 2006, that

number increased to 46 percent. In

1975, nearly all employees receiving

tuition assistance had their tuition

fully paid by their employer. Today,

less than half of the employers pay

the full amount.

Employers once viewed tuition assis-

tance as an investment, with an antici-

pated return on their investment from

the employee’s improved skills and

training. Today, most employers view

tuition assistance as another managed

benefit, such as a 401(k) plan, in-

tended to create a better benefit pack-

age for employees and to prevent turn-

over. Some programs provide the op-

portunity for promotion after gradua-

tion in order to ensure the employee

continues with the organization.

With the overwhelming increase in the

number of employees seeking tuition

assistance and the decrease in the

number of employers actually offering

this benefit, it is incumbent on the em-

ployer to work with the employee to

develop a post-graduation career path

that will encourage the employee to

remain with the organization after their

education is complete.

Employees Taking Advantage of Tuition Assistance

Ohio Labor Law Posters Are In! All postings on ERA’s Ohio Labor Law poster have been revised. This includes

the new minimum wage posting that went into effect January 1, 2011, as well

as changes to reflect the new governor’s offices and agencies. If you still need

to place an order click here.

Few workforces have been able to

make it through the recession un-

scathed, but the research clearly shows

employees are willing and able to raise

their performance even through the

most challenging of times. Employees’

values and principles are at the heart

and soul of this resiliency, but there is

also evidence that leadership inspires

and drives increased execution.

On April 21, 2011 Dr. Richard Ruhe will

discuss how leadership drives employ-

ees to raise their performance. His

presentation, “Leadership for a Re-

energized Workforce” will inspire

attendees with a series of strategies

and behaviors that have proven suc-

cessful in raising workforce execution.

Dr. Ruhe will motivate you with new

perspectives and practical tools that

include accomplishing your company’s

mission while elevating the human

spirit, linking company-wide engage-

ment to the bottom-line, identifying the

three essentials of accountability and

predicting internal reactions to change.

Please be our guest and join us at

one of the video-conference sites

listed below.

TIME

Registration and Breakfast at 8:00 a.m.

Event from 8:30- 11:00 a.m.

FEE:

This is a free video conference event

and includes a hot breakfast, all we ask

is that you register in advance for the

location of your choice.

REGISTER

http://www.techsolve.org/events/

LOCATIONS

Dayton: Sinclair Community

College Ponitz Center 444 W

Third Street Dayton OH 45402

Columbus: Columbus State Com-

munity College Center for

Workforce Development 315

Cleveland Ave Columbus OH

43215

Mansfield: North Central State

College Fallerius Bldg 2441

Kenwood Circle Mansfield OH

44901

Marietta: Washington State Com-

munity College 710 Colegate

Drive Marietta OH 45750

Piketon: OSU South Centers 1864

Shyville Road Piketon OH

45661

New Philadelphia: Kent State

University Tuscarawas Campus

330 University Drive N.E. New

Philadelphia OH 44663

Zanesville: Zane State College

Campus Center 1555 Newark

Road Zanesville OH 43701

Management Leadership Series

PAGE 11 March 2011 ©ERA

“Leadership for a

Re-energized

Workforce”

presented by

Richard Ruhe

Wouldn’t you like to institute at least an informal policy that controls “negativity” by employees in your organization? Well, if so, you just may be asking for trouble

from the National Labor Relations Board based on their recent decisions. Your first reaction to reading that last sen-tence may be, what does the National La-bor Relations Board have to do with me? I don’t have a union and I don’t ever want

one? The simple answer to both those questions is that the National Labor Rela-tions Act, which the National Labor Rela-

tions Board is charged with enforcing, af-fords all employees (even those who are not unionized) the right to engage in

“concerted activity.” A concerted activity is any action engaged with, or on the au-thority of, other employees and not solely by and on the behalf of a single employee acting alone. This kind of activity would include discussing the terms and condi-tions of their employment (even just criti-

cizing their employer) with other co-workers or outsiders. You may have heard or read something recently about the so-called “Facebook Firing Case.” In that case, American Medi-

cal Response of Connecticut fired an em-

ployee who used her personal Facebook page to engage in name-calling directed at her supervisor. She called the supervi-sor “several vulgar names” and suggested that he had mental problems. Once the word got out to other employees of this

Facebook posting, they also went to the page and chimed in with their own com-ments/complaints about the specific su-pervisor. Since the organization had a pol-icy prohibiting employees from depicting it “in any way” on a social media site, it fired the employee for the Facebook at-

tack on the supervisor. In response, the NLRB issued a complaint against the em-

ployer for firing the employee by finding that the employer’s action discriminated against the employee under the Act be-cause employees were engaged in con-certed activity with the various Facebook

postings and the employer’s broad policy of no discussion of the organization “in any way” on a social media site improp-erly limited employee’s discussion of working conditions among themselves. The employer voluntarily settled the case.

At least in this case, there had been a un-ion involved since the terminated em-ployee was a union member and had been

denied union repre-sentation at the dis-ciplinary meeting. But in a case closer

to home, where no union was involved at all, the NLRB also recently zeroed in on a hair salon in Springboro, Ohio for having an “unwritten

negativity” policy. The Salon/Spa

had an owner/manager that de-cided to conduct monthly meetings to de-

termine who was being negative since negativity was a key factor in client turn-over based on a study. The owner not only instructed employees to avoid any and all negative statements and behav-iors, including any statements on social networking sites, that could contribute to

this client turnover but fired two employ-ees who had posted comments on the Facebook page of a disgruntled former employee who made negative comments about the salon.

Addressing the owner’s “unwritten nega-

tivity policy”, the NLRB ruled that the pol-icy was both overly broad and had chilled employee’s exercise of their right to en-gage in protected concerted activity, un-ion or no union. The Board also concluded that the employer’s monthly meetings

were interrogations that constituted unfair labor practices and that the firing of two employees perceived to have violated the negativity policy was also improper be-cause their posting on the Facebook page was activity aimed at inducing and prepar-ing for group action with others.

These two cases seem to illustrate that

the NLRB is only going to entertain an em-ployer restricting employees, with or with-out a union, from negative commentary on a social media site if and when an em-ployer can clearly demonstrate defama-

tory, pornographic, disloyal intent or the like that actually results in harm to the organization’s reputation, image, and/or customer relations. At least, that’s my take. How about you?

The Law Review

PAGE 12 March 2011 ©ERA

ERA BOARD OF

DIRECTORS

OFFICERS

*CHAIR

Lynn M. Mangan,

Vice President, Client Services

Paycor, Inc.

*VICE-CHAIRMAN

Bill Thiemann,

EVP, Chief Customer Officer

Libby Perszyk Kathman, Inc.

*TREASURER

Katharine Weber,

Attorney at Law

Jackson Lewis LLP

*SECRETARY

Jennifer M. Graft,

President & CEO

Employers Resource Association

*PAST CHAIRMAN

Michael J. Kelley,

Chairman & CEO

Kelvest, Inc.

DIRECTORS

Chuck Aardema,

VP, Human Resources

totes Isotoner Corporation

Sharyl Gardner,

VP, Human Resources

Midmark Corporation

Mark Hausfeld,

Vice President

C.W. Zumbiel Company

John Mitchell,

Executive Director

Cincinnati Association for the Blind

& Visually Impaired

Kelly Turley,

VP Human Resources

The W.W. Williams Company

* Executive Committee Members

Tom Eberwein, J.D., SPHR

Do you need more information about a service or program offered by ERA?

Would you like to talk to one of our experts in a particular speciality?

Here’s a list of some of our most popular services, and the main contact person for each of them.

In Cincinnati, please call: 513.679.4120 | In Columbus, please call: 614.538.9410

Cincinnati Columbus

Hotline……………………………………. Dan Chaney Lori Hall / Barb England

Administration and Posters……….. April Risen April Risen

Compensation Services…………….. Terry Henley Terry Henley

Affirmative Action Plans……………. Carol Reubel Lori Hall

Employee Engagement Surveys…. Carol Reubel Lori Hall

Customer Satisfaction Surveys….. Carol Reubel Lori Hall

HR On-Site Services/360’s Carol Reubel Lori Hall

Training & Development…………… Ralph Neal Jessica Coleman

Assessments Brandi Helton

Compliance Issues…………………… Tom Eberwein Tom Eberwein

Reference Center……………………... Dan Chaney Lori Hall

Roundtables…………………………….. Dan Chaney Lori Hall / Barb England

Salary and Benefits Surveys………. Douglas C. Matthews Douglas C. Matthews

Custom Surveys

Membership Development…………. Jim Carter Scott Barrett

Peter Landesman Peter Landesman

PAGE 13 March 2011 ©ERA

Employers Resource Association

Cincinnati: 1200 Edison Drive

Cincinnati, OH 45216-2276

Phone: 513.679.4120 | Fax: 513.679.4139

Columbus: 300 East Broad Street, Suite 550

Columbus, OH 43215-3774

Phone: 614.538.9410 | Fax: 614.538.9420

Toll free: 888.237.9554

www.hrxperts.org

Register For Training Today! See Page 9 For Upcoming Classes.