The Effective TERO Officer. Knowledge & Skills Needed The TERO Program The TERO Ordinance The TERO Officer The TERO Commission TERO Admin, & Compliance

TheEffective

TERO Officer

Knowledge & Skills Needed

THE EIGHT MAJOR PARTS OF THIS REFERENCE GUIDE

PART I. The TERO Program: Answers the What, Why, Who and How questions about the TERO program.

PART II. The TERO Ordinance: States tribal authority,

intent, legal requisites, coverage and responsibilities required in TERO Ordinance.

PART III. Federal Indian Preference & General Employment Law: Covers Federal/State Employment laws which provide TERO officers with critical legal tools, relevant models, and enhances options TERO officer can use to optimize effectiveness.

PAR IV. The TERO Officer: Defines the general duties and responsibilities of the TERO Officer.

THE EIGHT MAJOR PARTS OF THIS REFERENCE GUIDE

PART V. The TERO Commission: Defines the Powers, Roles and Responsibilities of the TERO Commission.

PART VI. The TERO Administrative Process Presents key elements of the process and procedures for ensuring Compliance & Enforcement.

PART VII. Useful General Knowledge: Offers important information, guidelines, definitions and tips which can help make the TERO officer’s job easier.

PART VIII. Desirable Personal Attributes: Provides an overview of attributes which can enhance the success of TERO Officers and Commissioners.

What Every TERO OfficerNeeds to Know About Program

Historical Background CTERMilestones (See next group of slides)

Historical Background Individual TERO programs.

(Each TERO officer should know the historical background of its program.

Part one


What is TERO?

Stands for Tribal Employments Rights Ordinance. The ordinance created an enforcement program which is called the TERO Office. The program is responsible

for ensuring compliance with all TERO (ordinance) requirements.


WHAT IS THE MISSION STATEMNT OF YOUR TERO PROGRAM?

Mission statement defines the core purpose of why you exist. It should be based on values and guiding principles of your TERO.

* Keeps you on track to meet goals.


WHAT IS YOUR VISION STATEMENT?

VISION STATEMENTA vision statement expresses in writing of a desired outcome that inspires, energizes and helps you create a mental picture of the where you want to be in the future.


WHAT IS THE PURPOSE OF THE TERO PROGRAM?

Purpose: To ensure Indian people receive their rightful share of jobs & other

economic opportunities and to work to remove

barriers to employment.

To administer and enforce the TERO Ordinance.


WHY WAS TERO ENACTED? To address unemployment, poverty, etc; To ensure employer compliance with

TERO;

To eliminate discriminatory and other barriers;

Bottom line intent: Maximize tribal member access to employment and business opportunities.


WHAT IS LEGAL BASIS FOR TERO? Inherent Tribal Sovereignty: Tribes have

power to exercise authority over its members and to regulate all economic activity within its territories.

TERO legal authority is established in Ordinance by Tribal Council to ensure compliance.

TERO required Indian preference is consistent with federal and case law.


WHAT ARE CHARACTERISTICS OF TERO:

1. TERO is true act of Self Determination;2. TERO is an Action Orientated program;3. TERO programs are Systematically Structured that consist of a:

• Sound Legal Framework• Solid Administrative Structure• Synergistic Partnering Approach


TERO LEGAL FRAMEWORK / TOOLS

Tribal Law Federal IP Laws Contract Law Compliance Plans Tribal Labor Agreements State EEO Laws Internal Employer EEO Policies


WHAT DOES THE TERO ORDINANCE DO?

Sets Conditions Establishes Authority Assigns Responsibility Delineates Sanctions for Violations of

Law Provides Due Process Imposes Tax or Fee


WHAT IS INDIAN PREFERENCE? It is a legal entitlement supported by law

and court decisions; It means Indian people get first

consideration in hiring, contracting, etc; Minimum threshold qualification are

applied.

IS INDIAN / TERO PREFERENCE A NEW CONCEPT?

No Indian preference has existed in federal law / legislation since 1834, TERO since 1977.


DOES INDIAN PREFERENCE VIOLATE FEDERAL LAW?

No. Indian preference is a legal entitlement guaranteed in treaties and legislation. Tribes are exempt from most federal employment laws.

IS TRIBAL PREFERENCE LEGAL?Yes and No. Tribal preference is not allowed on federal or state funded projects except for federally funded PL 93-638 projects.


WHAT IS EXTENT OF TERO JURISDICTION?

TERO jurisdiction extends to reservation boundaries as defined by treaty or legislation.A tribes ability to enforce its TERO on fee lands has been greatly reduced. (See Montana test case).


WHAT IS THE TERO ENFORCEMENT APPROACH?

• Pro-active• Educate to prevent violations• Collaboration with others


HAS THERE BEEN RESISTANCE TO TERO?Yes. There was much resistance to TERO in the early days. Resistance came from:

• Federal and state agencies;• Contractors & other employers;• Unions• Various Tribal entities i.e., IHA’s*Currently relationships with all above are

very good.


WHAT OTHER LEGAL TOOLS ARE USED BY TERO PROGRAMS? (See illustration next page)

WHAT IS THE INTERACTION BETWEEN TEROs FEDERAL /STATE AGENCIES?

• Overall relationships are excellent.Many TEROs have contracts with EEOC that allow them to take Title VII charges and partnering MOU’s with others.

Part Two

The TERO Ordinance WHAT ARE STANDARD PROVISIONS FOUND

IN MOST TERO ORDINANCES? 19 general provisions found in most TERO

Ordinances : Section 1. Declaration of Policy:

Explains why Tribe is enacting Law.

Section 2. Definitions: Defines vital terms contained in

Ordinance.

Section 3. Coverage: Details which employers are

covered.

Part Two

The TERO Ordinance (Continued)

Section 4. Indian Preference: Explains Requirements &

Employer obligations.

Section 5. Indian Preference in Contracting: Explains Preference Requirements.

Section 6. Unions: Sets tribal requirements for

Unions.

Part Two


Section 7. Establishes TERO Commission: Sets details of membership.

Section 8. Duties & Powers Commission: Details powers, roles and

authority.

Section 9. TERO Officer: Assigns roles &

responsibilities.

Part Two


Section 10 Inter-Governmental Relationships:

Allows TERO inter-agency partnering.

Section 11. TERO Fee: Establishes TERO fee.

Section 12. Enforcement: Creates process &

procedures.

Part Two


Section 13. Complaints & Investigations: Creates process and

procedures. Section 15. Power to subpoena witnesses,

require testimony, produce records.

Section 16. Appeals: Explains appeal process.

Part Two


Section 17. Sanctions: Details the penalties for

violations.

Section 18. Severability: Allows removal unlawful

provisions without affecting other provisions.

Section 19. Effective Date: Sets & Records the date

ordinance takes effect.

Part Two

The TERO Ordinance

WHAT DOES THE TERO ORDINANCE DO?

Sets Conditions Establishes Authority Assigns Responsibility Delineates Sanctions for Violations of

Law Provides Due Process Imposes Tax or Fee

Part Two


WHAT ARE BASIC TERO REQUIREMENTS?Preference is required in all aspects of employment

including:

Employment Shift DifferentialTraining Last in Lay-OffsPromotions 1st in recallsTransfers ContractingPart-Time Sub-contracting

* Purchase of Products, Materials & Services

Part Two


WHAT ARE OTHER KEY ORDINANCE REQUIREMENTS?

• Submit an acceptable compliance plan;• Utilize skills bank for hiring;• Employers must commit to numerical hiring

goals;• Eliminate extraneous hiring criteria;• Require Union TLA or MOU compliance;• Agree to religious & cultural accommodation.• Provide preference to certified Indian

contractors.

Part Two

The TERO Ordinance WHAT IS ELIGABLITY CRITERIA FOR IP TERO

CERTIFICATION?

To be eligible for IP, contractors must:• Be 51% Indian owned, operated & controlled.

* In order to compete as IP certified business they must:

• Be able to submit competitive bid.• Meet quality standards;• Meet quantity needs;• Meet normally accepted responsive bidder

qualifications.

Part Two

The TERO Ordinance

DOES TERO DO AWAY WITH THE COMPETITIVE BIDDING PROCESS AND FAIR COMPETITION?

No. Preference is only provided to qualified tribally owned businesses who can meet all standards of projects or services being solicited.

* If there are no qualified businesses available, 2nd

tier bidding opens up to all prospective bidders.

Part Two

The TERO Ordinance

ARE THERE EXEMPTIONS TO TERO REQUIREMENTS?

Yes. Most TERO Ordinances exempt direct employment by:

• Tribes;

• Federal/State agencies (subdivisions);

• Non-profits;

• Core-crew (key people) * See handbook for definition.

Part Two

The TERO Ordinance

8 KEY ELEMENTS OF A GOOD COMPLIANCE ARE

• Clearly delineates the employer's legal responsibilities.

• Lays out TERO skills bank requirements. • Provides for reasonable cultural, religious and

traditional accommodations.• Articulates Tribe’s no tolerance policies

regarding use of derogatory or offensive terms toward Indian people or the tribe;

Part Two

The TERO Ordinance

• Sets tribal wage rates and certified payroll requirements;

• TERO Fees/Tax and collection schedules;

• Establishes conditions for union compliance & special negotiated Tribal labor agreements. (Agreement is legally binding document);

• Sets jurisdiction and methods for dispute resolution.

Part Two

The TERO Ordinance

ARE TERO FEE/TAXES IMPOSED ON COVERED

EMPLOYERS?

Most tribes impose TERO Fees/Taxes on covered employers.

ARE TERO AND OTHER TRIBAL FEES / TAXES LEGAL?

Yes. Tribes have the same power and right to

tax as all governments.

Part Two

The TERO Ordinance

ARE ALL TERO REQUIREMENTS AND FEES / TAXES THE SAME?

No. Each Tribe sets it tax / fee based on it’s own circumstances and needs. Average fee is 2%.

Part Two

The TERO Ordinance

DO TERO FEES INCREASE COST OF PROJECTS?

No. While any cost to a project will increase project cost, competitive bid process will reduce cost. Note that line item for fee will not be allowed. Fee will have to be factored into bids.** Tribes may have ways to help contractors avoid state taxes.

*** Bottom line: Fees are a part of business life on

reservations just as they in mainstream.

Part Two

The TERO Ordinance

WHAT IS THE TERO COMMISSION?

Established and empowered by TERO Ordinance to:

• Ensure enforcement & compliance;• Adjudicate violations of TERO;• Conduct hearings and make rulings.• Impose Sanctions for violations;• Oversee TERO office performance;

Part Two

The TERO Ordinance

ARE THERE PENALTIES OR SANCTIONS FOR VIOLATIONS OF TERO?

Yes. Violation of TERO requirements may result in severe sanctions or disciplinary penalties. If it is determined that covered entities willfully and maliciously violated or ignored TERO ordinance requirements.

Part Two

The TERO Ordinance

WHAT ARE SANCTIONS FOR VIOLATION OF TERO?

• Deny violators from future business on reservation;

• Impose a civil fine ranging from $500- $5000. per violation;

• Terminate violators operations;• Order removal of violators and people

hired illegally and order violators to take immediate corrective action.

Part Two

The TERO Ordinance

CAN SANCTIONS IMPOSED BY COMMISSION BE APPLEALED?Yes. Sanctions imposed on employers by the Commission can be appealed in tribal court. Tribal court decisions can further be appealed to the federal court system.

ARE NON-INDIAN EMPLOYERS & THEIR EMPLOYEES PROTECTED AGAINST UNFAIR CHARGES?

Yes- Tribes have due process procedures in their ordinances.

Part Two

The TERO Ordinance

WILL TERO INTERRUPT EMPLOYERS OPERATIONS?

No. TERO programs practice a proactive approach to compliance which is designed to prevent problems before they happen.Actions by there TERO which might delay aare only taken as a last resort when employersrefuse to comply with ordinance requirements.

Part Two

The TERO Ordinance

CAN TERO BE WAIVED?Yes- But not recommended. Waivers lead to:

• Request/demands for waivers by others;• Loss of integrity of the TERO Ordinance

and fee.• Loss of integrity of Tribal Sovereignty

PART THREEFEDERAL EMPLOYMENT LAWS

PART THREEFEDERAL EMPLOYMENT LAW

Federal Laws that Permit Indian Preference

INDIAN SELF-DETERMINATION & EDUCATION ASSISTANCE ACT (PL 93-638) SECTION 7b.

Preference required in:• Employment;• Training;• Sub-contracting. * Tribal Preference OK


Enforcement Authority/ResponsibilityBureau of Indian Affairs (BIA) Indian Health Service (IHS)Tribal Housing Authority (IHA)

Key Point: Tribal Preference allowed under 1990 Amendments

Ideal TERO /Agency Relationship: Collaboration


The Buy Indian Act (1910) General Provisions:

“ So far as may be practicable, Indian labor shall be employed and products of Indian industry may be made in the open market at the discretion of the Secretary of Interior”

Coverage: Act applies to all direct contracts let by both BIA & IHS.

Enforcement Authority: BIA & IHS

Ideal TERO /Agency Relationship: Collaboration

NAHASDA

AGENCY INDIAN PREFERENCE REGS.* Housing regs 1003.510 & PL 93-638 Section 7b Apply.

Preference is required in:• Employment;• Training;• Contracting;• Sub-contracting.

Enforcement: Tribal Housing Authority

Federal Laws That Permit Indian Preference

TITLE VII of the Civil Rights Act (1964)• General Provisions:

Prohibits discrimination on the basis of race, color, religion, sex or national origin.

• Act amended in 1978 to include the Pregnancy Discrimination Act.

TITLE VII of the Civil Rights Act (1964)Coverage:

All employers with 15 or more employees

Key Points relative to 703(i):• Indian Preference is not race based…it is based

on unique status of Indian people with US GOV • Permits Indian Preference - does not require• Requires employer to post public announcement• Does not allow Tribal Preference• Agency Exempts Tribal governments • Enforcement : EEOC / Contracted TEROs

TITLE VII of the Civil Rights Act (1964)

EEOC / TERO CONTRACTS:• Government to Government agreement;• Authorize TERO to take Title VII Charges;• 30 days to conciliate then defer to EEOC;• Fixed contracts of $25,000;• Annual professional training;• T/A assistance on request


SEXUAL HARASSMENT is defined as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.


A HOSTILE WORKPLACE ENVIRONMENT: Is described as:

A workplace where an employee work performance is affected because they experience workplace harassment, unwelcome actions, offensive, and intimidating behavior and results in their dreading going to work because of the oppressive and uncomfortable atmosphere created by the harasser.

http://en.wikipedia.org/wiki/Harassment


GENETIC INFORMATION DISCRIMINATION

Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts employers and other entities covered by Title II from requesting, requiring or purchasing genetic information, and strictly limits the disclosure of genetic information.

EXECUTIVE ORDER 11246

General Provisions

- Prohibits Discrimination - Calls for Affirmative Action

Indian Preference: - Allows Indian Preference; - Prohibits Tribal Preference - Defines “on or near reservation”

TERO / OFCCP Relationship30yrs MOU Partnering relationshipsTraining & T/A

FHWA (TRANSPORTION) LAW

FHWA REGULATIONS 23 U.S.C. Section 140(d) – Permits Indian Preference;

TITLE VII-Section 703(i) – Permits Indian Preference

EO 11246 – Permits IP on or near reservations.

* FHWA NOTICE

EEO/AFFIRMATIVE ACTON LAW

ADA – Prohibits discrimination against Handcapped;

FMLA-12 weeks leave for family illness; FLSA-overtime/compensatory time; ADEA- Prohibits discrimination against people

40yrs and over; EPA-must pay equal pay for equal work Davis Bacon Act-Must pay prevailing wage OSHA-protects work place safety 503 RA-Prohibits discrimination of handicapped

and Require reasonable accommodation.

PART FOURTHE TERO OFFICER

ROLES AND RESPONSIBILITIESThe TERO Officer must have a good working

knowledge and understanding of:

Federal laws that require Indian Preference; Federal laws and regulation that permit Indian

preference; Major General Employment laws which prohibit

discrimination; State Employment Law.

PART FOURTHE TERO OFFICER

TERO Officer - Position Essential; Roles a responsibilities are spelled in

Ordinance; Key Role: Implement Ordinance /

Enforce TERO requirements;

Set Hiring Goals Set Training GoalsProhibit Illegal BFOQ Remove Barriers

The TERO Officer: 10 Vital requisites for successful TERO Officer

Performance

Have Effective communication skills, both oral and written.

Know basic investigative, negotiation, mediation & other skills.

Accept and Commit to meeting the intent of TERO

Receive Tribal supportive assistance. Be held accountable for their job

performance. Receive appropriate recognition and

feedback

PART FOUR

The TERO Officer:

Establishes /Maintains Key Alliances; Provides Educational & T/A to

employers; Performs Duties as Assigned or

Needed.

PART FOUR The TERO Officer:

14 TERO Officer roles found in some ordinances:

Implements / Enforces TERO Ord. Councils, Advises & Provides Guidance Processes, Mediates and Settles Charges; Develops & Implements Compliance

Plans; Monitors Employers Hiring & Retention; Establishes & Manages Skills Bank

Referrals


Conducts Compliance Evaluations Negotiates Settlements / Special

Agreements; Conducts Informal Hearings; Advises & Presents Investigative Findings

to Commission; Maintains confidential Records; Reviews Employers Hiring Process Conducts Community Outreach

Education


EDUCATING THE COMMUNITY>Tribal Council >Relevant Fed Agencies>Program Managers >General Community>Industry Managers >Relevant State Agencies>Private Employers >Others

Key Point: Educate for Clarity, Understanding and

Compliance. * See part 7 for more tips.

The TERO Officer: 12 TIPS FOR CHARGE PROCESSING

Receive and record charge: Complete necessary forms;

Provide Pre-Charge Counseling. Conduct interview and offer guidance and direction;

Establish jurisdiction and merits of charge. Determine if charge is covered by ordinance and if sufficient cause is present;

Refer to appropriate agency if jurisdiction does not exist, dismiss if cause is not present or begin formal charge proceedings;


Contact employer seek informal resolution; Send formal notice request fact finding

meeting; Based on findings and analysis, settle informally

or dismiss Case; If further action is necessary, conduct a formal

investigation of charge. (See formal investigation process for guidance);

If cause is found, meet employer & seek formal settlement. If no cause is found, dismiss case;

The TERO Officer: TIPS FOR CHARGE PROCESSING

Should employer refuse to resolve issue, case is sent to TERO Commission for formal hearing proceedings;

Based on the facts and merits of the case, the Commission will make determination;

Determination of Commission will be one of the following:

Order case dismissed; Settlement agreement reached; Impose sanctions, penalties, fines etc.

* (See flow charge illustration back page)


Key Note: • Get compliant in writing and have it

signed.• Remember that your goal is try to settle

the case as quickly and fairly as possible and each step in the charge handling process.

Be prepared to represent charging party at Commission hearing.

THE TERO OFFICER12 TIPS FOR INVESTIGATING CHARGES

Develop an investigative plan. Plan keeps you focused and provides a road map on where are going;

Work your plan; Though plan should be flexible, no plan is good if you fail to follow it;

Establish TERO jurisdiction. If charge does not fall within jurisdiction, refer to appropriate agency;

Provide pre-charge counseling and guidance; Take Charge if jurisdiction, determine issues, if

cause is found advise client and dismiss. Make certain to get all pertinent information such as: Who, What Where and When. (dates, names, witnesses, etc);


Send notice of charge to employer and set fact finding review conference. (determine what information and data employer should make available;

After formal notice is sent, set schedule and prepare agenda of topics and issues to be covered;

Indentify witnesses and obtain information needed (Take notes, record and create log);

Conduct interviews of witnesses;


Write findings and report; Seek resolution and remedies; Present findings to commission &

represent charging party in Commission hearings.

The TERO Officer:

TIPS FOR 8 MORE CHARGE PROCESSING: (See Charge Flow Illustration)

Carry yourself in a professional manner, Maintain Credibility; Maintain Confidentiality Stay focused Seek remedies as early in investigation as

possible Investigate impartially and conclude based on

facts and merits of findings; Be aware of pre-judgments, personal

prejudices and presumptions; Listen carefully (let parties do the talking)


TERO COMPLIANCE PLAN8 KEY ELEMENTS OF A GOOD COMPLIANCE

1. Delineates the employer's legal responsibilities;

2. Defines Skills Bank Requirements; 3. Provides for reasonable cultural, religious and traditional accommodations;4. Sets tribal wage rates and certified payroll requirements;


5. Fees/Tax and collection schedules.

6. Sets conditions for union compliance & special negotiated Tribal labor agreements.

7. Agreement is legally binding document.

8. Other.


Outlines the TERO Fees/Tax and collection schedules;

Spells out conditions for union compliance and Tribal Labor Agreements;

Requires employers to submit a list of core crew or key people employer plans to use. (See definition of core crew in section in Terms & Acronyms);

Describes employer rights and spells out any special negotiated agreements or accommodations between the TERO and employer.

The TERO Officer:

STANDARD SETTLEMENTS & REMEDIES FOR TERO

VIOLATIONS Whenever a violation of the TERO is found the TERO Officer or Commission may order the employer to pay both compensatory and punitive damages.

*TERO programs normally follow EEOC guidelines for types of relief or settlements when ordering

settlements.

The TERO Officer:

ON-SITE VISITS: 4 TYPES1. Passive observation, where the researcher

says nothing and aims to be as “invisible” as possible;

2. Periodic observation interspersed with intervals of in-depth interviews;

3. Detailed, charge related-narrated walk-through of tasks and activities;

4. Conducted during regular working hours unless there is suspicion of employer attempt to conceal violations of ordinance requirements.

PART FIVETHE TERO COMMISSION

AuthoritiesRoles & Responsibilities Technical Skills

Knowledge Commitment Professionalism Integrity & Ethics

Training & Developmental Needs

PART FIVE:COMMISSION-ROLES & RESPONSIBILITIES

19 TERO COMMISSION ROLES & RESPONS.( See Handbook)


COMMISSION HEARING PROCEDURE GUIDEPRE-HEARING PROCEDURES • Review TERO Files;

• List of Witnesses

• Pre-hearing Interviews of Witnesses

• Subpoenas of Documents and Witnesses • Postponements

•


CONDUCT OF HEARING• Presiding Official• Director• Respondent• Attorneys• Record of the Hearing• Prohibition Against Reprisals• Starting Times


CONDUCT OF HEARING (cont’d)• Order of Proceedings• Examination/Cross Examination of

Witnesses• Irrelevant Testimony• Written testimony• Closing Statements


THE DECISION The decision shall be in writing and

issued within 30 days and based on the following:

• The Facts;• The findings filed along with legal &

factual basis for findings;• The orders and/or sanctions imposed, if

any; • Information on the respondent's rights to

appeal;


• Information on authority of Commission to act if the party fails to comply with its orders or fails to appeal;

• The injunctive relief or bonding requirements, if Commission will seek from the Tribal Court pending completion of appeal process if an appeal is filed.


DECISION MAKING PROCESS• Summarize Compliant

• Summarize Relevant Facts

• List Issues

• Evaluate Compliant

• Reach Final Decision

PART SIX:TERO ADMINISTRATION –PROCESS & PROCEDURES

Administrative Structure includes clear, precise policies, processes, procedures & other internal

controls for.

Finance- (Budge & Accounting) Hiring / Terminations

Performance Evaluations Job descriptions /Duties

Staff training & Development Code of Conduct

Employee Compensation Ethics

Travel Operating Manuals


RECORDS MANAGEMENT, REPORTS, AND DATA COLLECTION

9 benefits of maintaining good records:(Refer to Handbook)

17 Basic records which should be maintained:


TERO PROGRAM ETHICS Ten Principles of Ethical Behavior for TEROs• Accountability - Being responsible for your

TERO actions and decisions; • Honesty - Being honest in all business aspects

of TERO business. • Integrity-Being a TERO Commission and staff

of sound moral principle. Synonymous with

"uprightness." • Loyalty - Being faithful to the TERO concept,

staff and stakeholders.


• Fairness- Having the qualities of impartiality and. honesty in the administration of the TERO. Free from prejudice, favoritism and self-interest .

• Respect- Showing care, concern and compassion for the

employment needs of the qualified membership and

other Native Americans.

• Trustworthiness - Being one who is deserving of trust through the discharge of official TERO duties and responsibilities.


• Morality - Being concerned with & understanding of right and wrong and the distinctions between them in the application of TERO.

• Empathy - Being able to understand and have compassion for the feelings of those who seek the services of TERO.

• Nobility - Possessing high character and exceptional TERO qualities.

Synergistic Partnering PARTNERING FOR MUTUAL BENEFITS &

OPPORTUNITIESPARTNERING:

Different people, groups organizations, businesses, agencies, or governments working together in co-action to effectively accomplish a common goal.

BASICS ELEMENTS OF SUCCESSFUL PARTNERING Mutual Benefits Trust Respect Commitment Common Goals Communication Cooperation Accommodation

SUPPLEMENTAL ALASKA NATIVE PREFERENCE LEGAL TOOLS


Shareholder Preference Preference is protected in the Alaska

Native Settlement Claim Act and is not contested by the State of Alaska.


Local Preference by Municipal Governments

Some Native controlled municipalities have the power to regulate employment practices. They may not, however, have the power to impose Native preference requirements. They do have the authority to impose that local preference be given to persons who are economically deprived.


Preference in Tribal/Village Contracts

Tribes have the authority to regulate Native Preference in contracts let by them. They can require employment and training preference. They can also require that employers provide reasonable cultural and religious accommodation.

SUPPLEMENTAL INDIAN / AK NATIVE PREFERENCE LEGAL TOOLS

Tribal Labor Agreements Tribal labor agreements are excellent

tools for implementing Indian and Alaska Native preference. These are creative mutually beneficial agreements between tribal governments and cooperating unions.


Key elements of Tribal labor agreements include: Union recognition of Tribal Sovereignty; Union Agreement to TERO requirements; Establishes Union / Tribal TERO Liaison Is Project Specific Establishes Career Training Path Contains Dispute Resolution Provisions

GENERAL KNOWLEDGE &USEFUL INFORMATION

Learning to communicate effectively is a vital necessity. “Communication” is defined as a process by which information is exchanged between individuals through common words, signs, symbols, signs or behaviors.

Verbal WrittenNon-Verbal

Electronic

* TERO Officer must learn to use all four methods.


17 TIPS FOR MAKING GOOD PRESENTATION (Refer to Handbook)5 BENEFITS OF LISTENING SKILLS• Tells you what’s going on• Keeps you out of trouble• Helps you understand others goals

needs etc.• Gains Respect


LISTENING SKILLS12 Tips for improving your listening skills

12 Tips for holding good meeting

15 Good interviewing techniques


5 STEPS FOR GROUP PROBLEM SOLVING

1. Define the problem2. Generate alternative3. Select a solution4. Plan Implementation5. Evaluate & make adjustment

15 TIPS FOR CONDUCTING NEGOTIATIONS


CONFLICT RESOLUTION11 PRINCIPLE CAUSES OF CONFLICT WITHIN ORGANIZATIONS

• Misunderstanding (communications failure)• Personality clashes• Value and goal differences• Substandard performance• Differences over method• Responsibility issues

3 Myths about conflict


• Lack of cooperation• Authority issues• Frustration and irritability• Competition and limited resources• Noncompliance with rules and policies

Desirable Personal Attributes for TERO Officers

Appropriate Dress / Deportment Positive Attitude Team Orientated Self Directed –Self Motivated Creative -Visionary Improve Interpersonal Relations

Synergistic Partnering PARTNERING FOR MUTUAL BENEFITS &

OPPORTUNITIESPARTNERING:

Different people, groups organizations, businesses, agencies, or governments working together in co-action to effectively accomplish a common goal.

BASICS ELEMENTS OF SUCCESSFUL PARTNERING Mutual Benefits Trust Respect Commitment Common Goals Communication Cooperation Accommodation