Manager, Workplace Investigations - Massachusetts Water Resources Authority

POSITION: Manager, Workplace Investigations

DIVISION: Administration

DEPARTMENT: Human Resources (HR)

UNION/GRADE: Non-union/Grade 14

BASIC PURPOSE:

Serves as lead investigator on all workplace employee investigations, including but not limited to allegations or complaints of employee misconduct, rule or policy violations, workplace discrimination or harassment, and other unprofessional or inappropriate workplace behavior. Makes post-investigative findings, conclusions, and recommendations. Responsible for devising and enforcing corrective actions as needed. Workforce is comprised of approximately 1000 employees in 5 collective bargaining units covering administrative, professional, trades, scientist, and engineering positions.

SUPERVISION RECEIVED:

Works under the general supervision of the Director of Human Resources. Dotted line reporting relationship to the Chief Diversity and Equity Officer (Special Assistant for Affirmative Action and Compliance).

SUPERVISION EXERCISED:

Supervises the Employee Relations Specialist. Exercises functional supervision over other staff in the Human Resources (HR) Department and Affirmative Action & Compliance Unit (AACU) as required for projects, initiatives, or investigations.

ESSENTIAL DUTIES AND RESPONSIBILITIES:

• Serves as primary investigator on workplace investigations involving alleged inappropriate behavior and employment policy violations which may result in disciplinary action, using best practice investigative procedures. Partners with the AACU to conduct thorough and timely workplace investigations of allegations of discrimination, harassment, sexual harassment, and/or retaliation based on an employee's protected class or activity (e.g., gender, race, religion, etc.) in violation of Massachusetts Water Resources Authority (MWRA) policies.
• Collects and evaluates evidence, including witness interviews and statements, timesheets, payroll records, GPS and other vehicle data, video surveillance, and other relevant records. Develops sound defensible investigative plans and conclusions. Drafts investigation reports, including findings of fact and analysis of policy violations and compliance. Presents findings and makes recommendations to Director of Human Resources, Chief Diversity and Equity Officer, legal counsel, and/or senior management as appropriate relative to disciplinary actions and other corrective actions to resolve and remediate complaints.
• Oversees workplace investigations conducted by other staff.
• Collaborates with staff in HR, AACU, and the Law Division to ensure that the Authority complies with requirements of collective bargaining agreements and relevant labor laws throughout the investigation process, maintaining records, and communication in an appropriately confidential manner.
• Participates in meetings with management staff to discuss discipline and other confidential personnel matters.
• Manages investigative caseloads and investigative records. Prepares and maintains documentation related to workplace investigations, including but not limited to witness statements, interview summaries, and investigation reports.
• Identifies areas in which employees require training to ensure compliance with MWRA policies, collective bargaining agreements, rules and procedures, as well as state and federal laws related to the workplace. Coordinates with Training Unit to facilitate trainings as needed.
• Testifies on behalf of or otherwise represents the Authority in legal and/or administrative proceedings regarding investigations and related disciplinary action.
• Under the direction of the Director, Human Resources, develops and implements HR goals, objectives and long-term strategies related to investigations, nondiscrimination, harassment prevention, and other workplace conduct concerns.
• Manages the communication and implementation of new employment-based rules, regulations, and guidance with HR staff as assigned.
• Conducts regular reviews of MWRA employment policies and drafts revisions and new policies as needed.
• Oversees the investigations department budget, contracts, and financial transactions.
• Assists with labor relations, employment, compensation, and benefits matters as needed.
• Assists Law Division with litigation and labor relations as needed.
• Manages the department in a manner that is consistent with MWRA's goals of Diversity, Equity, and Inclusion.

SECONDARY DUTIES:

Performs other duties as required.

MINIMUM QUALIFICATIONS:

Education and Experience:

• A Bachelor's degree in public administration, human resources, business administration or a related field (Juris Doctor preferred); and
• Strong understanding of labor and employee relations, personnel administration, and grievance administration as acquired through at least seven (7) years of experience conducting workplace investigations related to discrimination, harassment, sexual harassment, retaliation, violations of workplace policies, and/or employee misconduct (preferably in the public sector in a unionized environment), a minimum of which 3 years are supervisory or managerial; or
• Any equivalent combination of education or experience.

SPECIAL REQUIREMENTS:

Ability to provide evening and weekend coverage on a rotating basis.

A valid Massachusetts Class D Motor Vehicle Operators' License.

NECCESARY KNOWLEDGE, SKILLS AND ABILITIES:

• Demonstrated ability to work effectively as part of a team and to function independently with minimal supervision.
• Thorough knowledge of relevant state and federal personnel laws, practices, and regulations, including M.G.L. c. 151B and corresponding federal laws (e.g., Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Pregnant Workers Fairness Act (PWFA), etc.).
• Proficiency with computer software, such as MS Office Suite and videoconference applications.
• Excellent interpersonal, managerial, oral and written communication skills, including narrative report-writing experience.
• Ability to maintain confidentiality and exercise discretion while handling highly sensitive matters.
• Demonstrated ability to conduct workplace investigations, preferably in a unionized work environment.
• Ability to mediate employee concerns and enforce personnel rules and regulations in an impartial manner.
• Strong critical thinking skills to analyze and assess evidence and draw conclusions based thereupon.
• Thorough knowledge of best practices for workplace investigations.

PREFERRED KNOWLEDGE, SKILLS AND ABILITIES:

• Thorough knowledge of Massachusetts labor laws, including M.G.L. c. 150E.
• Thorough knowledge of best practices for drafting and revising employment policies.

TOOLS AND EQUIPMENT USED:

Office equipment as normally associated with a professional office environment, including the use of telephones, personal computers, word processing and other software, email, videoconference applications, copiers, scanners, and fax machines.

PHYSICAL DEMANDS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools or controls and frequently required to reach with hands and arms. The employee regularly is required to talk or hear. The employee is occasionally required to walk; stand; climb or balance; stoop, kneel, crouch, or crawl; or sit.

Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus.

WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee regularly works in an office environment. The noise level in the work environment is usually a moderately quiet office setting. This position may be eligible for up to 50% telework.

Massachusetts Water Resources Authority (MWRA) is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, national or ethnic origin, age, religion, disability, sex or gender, sexual orientation, gender identity or expression, or veteran status.