Monthly Archives: May 2009

A Thesis On Job Security and Contracts

A unique economy requires unique attention. Of course, the primary concern within a bad economy that will get worse is always jobs — in this case, the thousands of golf course superintendents’ jobs that will be put in jeopardy over the next several years because less expensive replacements will always be available. This will precipitate the need for superintendents to either renegotiate more secure contracts at their present jobs, or to seek new employment with more secure contracts. In either case, the following approach to gaining access to more secure (i.e., written) contracts is recommended:

NEGOTIATING WRITTEN CONTRACTS

Once offered a job as the designated candidate to be negotiated with, you should always ask for a written contract when discussing compensation – even when you know the request will likely be denied - because you will be planting a seed that will keep the issue alive for future exchanges on the subject. Failing to ask for a written contract will automatically lessen the likelihood of you being granted a written contract by this employer at some future time.

“Written contracts are more valuable and necessary in a bad economy than in a good one…”

Don’t let the coming lower salary era discourage your ongoing pursuit of a written contract.
Good superintendents will become more valuable in a worsening economy – to the
point where more employers may/will now consider putting superintendents under contract
to protect themselves. Candidates certainly should steer negotiations in this direction.

Should your request for a written contract be denied (as has been the case roughly 80% of the time), adopt the following multi-year “phased in” approach to earning future written contract security:

  • When seeking your first superintendent’s job, when still early in your career or when unemployed, advise/suggest that once you are hired for a second year you will have automatically earned four months notice of job termination with pay based on your first year’s successful job performance. Then, for each succeeding year of satisfactory employment you will earn four additional months notice of job termination with pay – up to a maximum 12 months notice with pay. If the “four-month” escalating interval is too steep for the employer, drop down to a three-month increment, which will delay reaching the 12-month year-round security level by a year; but patience is a necessary virtue in these situations.
  • Veteran superintendent candidates with proven track records (when either renegotiating present contracts or when applying for new jobs) can shorten the above phased-in approach time-wise by requesting six or nine months notice of termination with pay for successfully completing the first year of employment; then, add on four-months of added job security one year at a time until the 12-month limit is reached. Of course, well-credentialed superintendents seeking new jobs should directly request 12 months of immediate written job security and expect to get it. Negotiating candidates who have earned termination notice security at their present jobs should play this “chip” when negotiating for a new job.

If after reaching a verbal agreement that will allow for phased-in job security the employer still refuses to grant a written contract, be disappointed but not discouraged… because you have won half the battle. Close negotiations with the mutual understanding that the issue of a written contract can/will be discussed once again after the satisfactory completion of your first year of employment. This will keep the seed you have planted alive and allow you a year’s time to prove your value to your employer. Again, year-to-year patience (i.e., plant the seed one year and reap the harvest in later years) is often required when negotiating with club/course employers.

The key benefit gained when negotiating written contracts in the above manner is that it eliminates the primary reason why search committees are hesitant to enter into written agreements with superintendents in the first place; i.e., they are afraid of being embarrassed by a “bad hire” within a technical field where they know so little. Allowing an employer the time to witness your job performance through your initial year of employment before it acknowledges the possibility of a written contract eliminates this fear and should/will open the door to a written contract in due course.

Once an employer confirms that they are willing to enter into a written contract, the negotiating process is far from over because the following key elements remain to be addressed and included within the written contract:

  1. What the annual salary increments will be up to the point where the 12-month termination notice with pay is secured. Regional market and national economy norms should guide this process.
  2. Once the assurance of a 12-month notice of termination with pay has been reached, superintendents should no longer seek straight one or two-year contracts; rather, they should negotiate toward two or three-year “roll-over” written agreements that will automatically extend (i.e.,  roll-over with fringe benefits and the 12-month termination notice with pay included) one year at a time indefinitely once the initial contract has been reduced to one remaining year.  FYI: roll-over contracts should identify annual salary increments and must define mutually agreed to termination terms.
  3. Important: Since employers do not fear (and rarely see) law suits initiated by outgoing “disgruntled” superintendents because they know they can always out-wait and out-spend their ways to legal victory, superintendents’ should pursue the concept of including a binding arbitration clause within their multi-year roll-over (any) contracts. This will ensure a quick and relatively inexpensive resolution of employment disagreements.

Imperative Reminder: It is, of course, understood that superintendents should not enter into employment agreements without the advice of legal counsel – especially when negotiating binding arbitration agreements because state laws vary widely on this subject.

CHAPTER RESPONSIBILITIES

A primary responsibility of the GCSAA chapters, not only now in this bad economy, but also in past and future times, is to directly support the efforts of their individual members’ pursuit of written contracts. (To my knowledge, no GCSAA chapters have historically engaged in this practice.)

How can this be best accomplished? While the following format can be simply presented, it will require mature application to succeed. For example:

  • When a superintendent’s job opens, representatives of the local chapter would request a meeting with the club/course search committee to discuss/define the parameters relative to the hiring of the next superintendent – including the expectancy for a written contract.
  • Who might represent the chapter in these meetings with the search committees? A chapter Club Relations Committee consisting of: (i) employment experienced chapter members with the presumed insight to handle this assignment effectively; and (ii) once available, the chapter Executive Director hired, in part, specifically to address this unique challenge.
    Suggestion: While working their way through a challenging learning curve, chapters should meet with the their local PGA Section to be briefed about the very successful PGA Club Relations Committee program protocols used when meeting with local club/course search and golf committees re: golf professional job openings.
  • The two-fold message that the chapter representatives would deliver in these meetings is to educate/explain to the search committees: (i) it is time to rectify the situation where superintendents (who are primarily responsible for maintaining club/course financial stability) are being uniquely denied access to written contracts when other professional groups in golf are not; and (ii) that a phased-in approach to contract security minimizes the employer club’s hiring risk; thereby paving the way for an incoming superintendent to earn his/her way to written contract security.
  • Any time a club/course employer either unfairly dismisses, or unfairly denies an outgoing superintendent a reasonable severance package and/or mistreats an outgoing superintendent – chapter Club Relations Committee members would quickly intervene to help negotiate a fair exit plan for the outgoing superintendent.
  • FYI: experience shows that when outside interests purposely intervene with employer attempts to short-circuit outgoing superintendents’ rights – employers yield their positions virtually 100% of the time because they do not want their members/players knowing they are arbitrarily mistreating a respected employee. The threat of transparency consistently cowers abusive club/course employers.

Given the time to develop its own Club Relations Committee program, there is little doubt that GCSAA chapters would succeed similarly to the PGA Section programs.

GCSAA RESPONSIBILITIES

The GCSAA’s responsibilities within this national “secure superintendents’ jobs” campaign are: (i) to support and promulgate (through its national communications outlets; i.e.- TV spots, magazine, web site, electronic newsletter, etc.) its individual members’ contract and chapters’ club relations initiatives as profiled above; (ii) to coordinate and serve as a clearing house for chapter efforts to establish effective Club Relations Committee programs; and (iii) to draft model employment contracts reflecting the above profiled “phased-in” job security format for members electing to use this approach.

These are imperative assignments that once effectively implemented can/will help secure thousands of golf course superintendents’ jobs that might otherwise be lost as the national economy continues to decline.

THE ULTIMATE AUDIENCE

Having reached this point in the commentary, it should be noted that the ultimate audience for the basic message of this thesis has yet to be identified or addressed; i.e.- the general American golf playing community consisting of club members and public course golfers.

If the American golfing public knew of the disregard (contentious severance, the lack of contract security, etc.) manyemployers exhibit toward their golf course superintendents– it would be outraged across every one of the 50 states. But, the reality is that over 90% of the national golf playing community is not aware of these injustices.

If the American golfing public knew of the disregard (contentious severance, the lack of contract security, etc.) many employers exhibit toward their golf course superintendents– it would be outraged across every one of the 50 states…

Therefore, the goal is clear; i.e.- using the same chapter and GCSAA communications outlets as listed above – educate the American golfer to the point where no club/course would dare to disrespect a golf course superintendent, or trample on his/her employment rights again. This is a realizable objective.

THE FUNDAMENTAL CHALLENGE

The fundamental problem that golf course superintendents have to contend with is that none of their membership-based institutions (i.e.- the 100-plus chapters and GCSAA) have historically identified with members’ employment rights and job security. I do not believe this has been purposely done; rather, decades of a lack of focus.

There is no doubt in my mind that once individual golf course superintendents, the GCSAA chapters and GCSAA itself collectively commit for the mutual purpose of securing members’ jobs nationwide – the corner will be turned. If on the other hand, the golf course superintendents’ community elects not to fight for their own, who will? With thousands of jobs on the line in the coming years, is there a choice here?

INDIVIDUAL RESPONSIBILITIES

The point should not be overlooked, or forgotten amid all of the above that the very best thing golf course superintendents can do to help secure their jobs in this economy is to provide the best quality golf courses possible within the tightest revised operational budgets plausible. Remember, employers will not dismiss an employee who helps secure employer survival. (See my April 9th blog entitled, “Anticipating Austerity.”)

Use the comments section below to ask questions regarding this topic. Each will be answered as received.

Is Your Job Safe?

Is any golf course superintendent’s job safe in today’s discomforting economy that we’re told will get worse before it gets better? Where new taxation and coming inflation will target private club members’ and daily fee players’ wealth? Accordingly, we have to think that the economics of the country and throughout golf could get nasty over the next two or three years. We are already beginning to see veteran superintendents being replaced by less costly assistants. Furthermore, a few employers have begun to falsely charge outgoing superintendents with misconduct to minimize the need to provide fair severance compensation and/or to negate contractual obligations.

Therefore, there are two answers to the above question: (i) no; your job will not be safe if you passively stand by and wait to react to evolving economic conditions and (ii) yes, your job will be a lot safer if you, your chapter and GCSAA collectively take the initiative to address this challenge. For example:

Superintendents:
The best thing superintendents can do to keep their jobs is to take the lead in re-shaping course maintenance budgets to reduce operating costs without sacrificing significant course quality. Don’t wait for employers to tell you what to do with your budgets because they might too easily conclude that they do not need you any more. Rather, assume a leadership role and educate your employers how your expertise alone can help sustain a workable club/course economic plan. Employers do not fire employees who help ensure employer survival. (See my April 9th blog entitled, “Anticipating Austerity.”)

Employers do not fire employees who help ensure employer survival… 

Chapters:
The point to note here is that the PGA is already getting it right. Every PGA Section has a Club Relations Committee that interacts with search committees to ensure mutually fair written contracts on the way into jobs, and to prevent employers from summarily or unfairly dismissing their golf professionals. More on GCSAA emulating this program next week.

GCSAA:
GCSAA’s responsibility is quite clear: to take the lead nationally (via its TV spots, web site and new laymen’s educational programming) to inform the country’s golfing community about the indispensable role golf course superintendents can/should play in safeguarding the game of golf through tough economic times. More on this next week.

Implementing the above three initiatives collectively could save three of every four superintendent’s jobs that might otherwise be lost.

Superintendents, want to help your assistant(s) on their career path? Print out these Career Corner posts and responses on an ongoing basis and assemble them in a hard copy binder for your assistants and crew.

Better To ‘Guide’ Than ‘Aim’ Your Career

The vast majority of golf course superintendents manage their careers like an unguided missile (once aimed at firing time the missile’s course can’t be changed) rather than as a guided missile, where the missile’s course can be constantly fine-tuned/changed during flight to ensure hitting the designated target (in our case, optimum secure employment).

For example, unless superintendents: (i) identify career defining issues early on (e.g. job sequence; job durations; the value of working in the public sector or for contract management companies; web site development; the benefit of pedigree jobs to a career; the importance of salary versus the quality of a job; to publish or not; setting a personal standard of job performance, etc.); (ii) monitor the development of issue-driven career paths through life; and (iii) make appropriate career path corrections as circumstances suggest – their careers may be seriously compromised. But, few realize this.

The most effective (only) way you can ensure that you will stay on top of these career-developing issues is to ask yourself once or twice every year the rhetorical question: “Where do I want my career to be in five years?” As you re-ask and re-answer this question through the years, you will learn to re-direct your career paths as circumstances warrant – thereby sustaining a constantly evolving dynamic career strategy.

At each of the approximate 75 Career Planning workshops I have presented to golf course superintendents over the last 25 years, I ask how many attendees routinely ask this five year career-defining question of themselves. To this day, I am still both surprised and disappointed to see that less than 10% of superintendents formally query themselves about their future career planning.

I then ask the natural follow-up question, “How many attendees, at this point in their lives, feel they will be able to realize the career goals they initially identified for themselves?” Roughly, the same 10% of attendees answer in the affirmative – while the balance of attendees identify disappointedly with an important teaching moment.

Golf course superintendents who fail to ask themselves where they want their careers to be at fixed points in their lives will be eliminating the best their careers have to offer – without knowing it.

Ask and you shall receive.

Superintendents, want to help your assistant(s) on their career path? Print out these Career Corner posts and responses on an ongoing basis and assemble them in a hard copy binder for your assistants and crew.