Analyzes theory and practice of at-will work force in the US subsisting with organized civil services.

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EAC 785
Introduction to Qualitative Research
AT-WILL IN THE PUBLIC SECTOR:
INTEGRATING CLASSIFIED AND UNCLASSIFIED SYSTEMS
FOR A NEW MODEL OF GOVERNMENT
SHANTANU BASU
INSTRUCTOR: DR. JULIA STORBERG-WALKER
NORTH CAROLINA STATE UNIVERSITY
Date of Submission: Nov 6, 2008
Date of Presentation: Nov 20, 2008
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TABLE OF CONTENTS
Abstract_____________________________________________________________________5
Keywords: At-will, job security, motivation, firings, managerial flexibility, legal___________5
1. Topic and Purpose__________________________________________________________6
1.2 Potential Significance_______________________________________________________6
1.3 The Framework __________________________________________________________11
1.4 Limitations of the Study____________________________________________________12
2. Literature Review__________________________________________________________13
2.1 Origin of At-will Employment_______________________________________________13
2.2 Extension of at-will to the Public Sector_______________________________________14
2.3 Managerial Flexibility: Myth or Reality?_______________________________________15
2.4 Impact on Job Security_____________________________________________________16
Table 1____________________________________________________________________17
2.5 Impact on Employee Motivation_____________________________________________19
2.6 Discussion: What Research Supports__________________________________________21
2.7 Discussion-II: What Research Does Not Support________________________________21
3. Research Design___________________________________________________________22
3.1 Overview and Rationale____________________________________________________22
3.1.1 Defining the Phenomenon_________________________________________________22
3.1.2 Why Phenomenology?____________________________________________________22
Table 3: Selection Criteria List for Managers______________________________________25
Name______________________________________________________________________25
Department_________________________________________________________________25
Classified/__________________________________________________________________25
Unclassified________________________________________________________________25
Sex_______________________________________________________________________25
Age (years)_________________________________________________________________25
Edu Qual.__________________________________________________________________25
Prof Qual___________________________________________________________________25
Ethnicity___________________________________________________________________25
Service (years)______________________________________________________________25
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Table 4: Selection Criteria List for Employees_____________________________________25
Name______________________________________________________________________25
Department_________________________________________________________________25
Age (years)_________________________________________________________________25
Sex_______________________________________________________________________25
Edu Qual.__________________________________________________________________25
Ethnicity___________________________________________________________________25
Service (years)______________________________________________________________25
5-15 = 1____________________________________________________________________25
*Wt. = Weight______________________________________________________________25
3.2 Site and Population Selection________________________________________________27
3.3 Data Collection___________________________________________________________29
3.4 Data Analysis____________________________________________________________30
3.5 Trustworthiness__________________________________________________________31
3.6 Personal Biography________________________________________________________32
3.7 Ethical and political considerations___________________________________________32
References_________________________________________________________________35
US Transportation Security Administration (2008): The Facts on TSO Attrition Rates: Our
Approach extracted on Oct 25, 2008 from http://www.tsa.gov/approach/people/attrition.shtm__38
Researcher’s & Participants Activities____________________________________________39
Note: Many sub-activities such as transcription, investigator meetings and fieldwork are
subsumed in the above descriptions of activity of the researcher. The days based on
approximate output of one principal investigator, 3-4 investigators and two transcribers.____39
IRB Informed Consent Form___________________________________________________40
Selection Criteria List for Managers_____________________________________________43
Name______________________________________________________________________43
Department_________________________________________________________________43
Classified/__________________________________________________________________43
Unclassified________________________________________________________________43
Sex_______________________________________________________________________43
Age (years)_________________________________________________________________43
Edu Qual.__________________________________________________________________43
Prof Qual___________________________________________________________________43
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Ethnicity___________________________________________________________________43
Service (years)______________________________________________________________43
Selection Criteria List for Employees____________________________________________43
Name______________________________________________________________________43
Department_________________________________________________________________43
Age (years)_________________________________________________________________43
Sex_______________________________________________________________________43
Edu Qual.__________________________________________________________________43
Ethnicity___________________________________________________________________43
Service (years)______________________________________________________________43
5-15 = 1____________________________________________________________________43
*Wt. = Weight______________________________________________________________43
Note: Subjects for interview identified from the above database by a weighted score, using
appropriate software. Thereafter judgmental analysis by researcher would be required._____43
Interview Protocol for Managers________________________________________________44
Interview Protocol for At-Will Employees________________________________________45
10. [If reply to (7) above includes managerial arbitrariness] Do laws, courts and unions
safeguard your job security? If so, how?__________________________________________45
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Abstract
Given ballooning budget deficits, mass retirement of the Baby Boomer generation and
employment market uncertainties with the recent downturn in the US economy, at-will may well
become this century’s major alternative mechanism for government. Present research however, is
only apprehension-centric and there are major divergences with ground realities. Nor are there any
suggestions for system improvement, design and integration with classified civil service systems.
This paper therefore examines whether at-will employment has led to managerial flexibility and its
main effects, as employees and managers perceive – in the post-positivist structural contingency
perspective. The purpose of such research is to identify key relationships and reactions that affect at-
will employees, the design and integrity of HR recruitment and retention systems and policies in the
federal Transportation Security Administration under the Department of Homeland Security. Early
acceptance of at-will as a new model of government would help the cause of integration of classified
and unclassified systems and ultimately help organizations to achieve a fit level of performance in
the years ahead.
Keywords: At-will, job security, motivation, firings, managerial flexibility, legal
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1. Topic and Purpose
Given ballooning budget deficits, mass retirement of the Baby Boomer generation and
employment market uncertainties with the recent downturn in the US economy, at-will may well
become this century’s major alternative mechanism for government. Present research however, is
only apprehension-centric and there are major divergences with ground realities. Nor are there any
suggestions for system improvement, design and integration with classified civil service systems.
This paper therefore examines whether at-will employment has led to managerial flexibility and its
main effects, as employees and managers perceive – in the post-positivist structural contingency
perspective. The purpose of such research is to identify key relationships and reactions that affect at-
will employees, the design and integrity of HR recruitment and retention systems and policies in the
federal Transportation Security Administration under the Department of Homeland Security. Early
acceptance of at-will as a new model of government would help the cause of integration of classified
and unclassified systems and ultimately help organizations to achieve a fit level of performance in
the years ahead.
1.2 Potential Significance
First, net federal outlay in fiscal 2009 for the US federal government is $3.11 trillion with
departments like the Treasury, Veteran Affairs, Health and Human Services and Social Security
Administration consuming approximately $2.6 trillion of the federal budget outlay for that year
(OMB, 2008, 340). At the same time, the public debt is $5.035 trillion with interest paid from Jan 1
to Dec 31, 2007 of approximately $252 billion (OMB, 2008a, 229). The federal deficit has grown by
about a third since 1995 and may rise to $7.2 trillion in 2009 (OMB, 2008b, 184). In addition, by
2012, 51.8% of federal personnel presently in service would superannuate (OPM, 2008, 6). The
situation in most states is not far different. States employed approximately 4.2 million people in 2003
(Bureau of the Census, 2003) and spent about $1.2 trillion in 2004 (Bureau of the Census, 2004b).
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Given rapidly increasing budgetary constraints, at-will may witness a rise, propelled more by
considerations of economy than politics. Thus, at-will may indeed become the new model of
governance in the 21st
century given the need to neutralize large retirements in the backdrop of tight
budgets. Therefore, the thrust of this proposal is to accept at-will as it exists (rather than only oppose
it) and directing academic effort to studying key relationships between segments of the employee
population and the requirements of governance in order to provide useful inputs to system designers
and administrators.
Second, at-will condemned for several reasons discussed in the literature review of this
proposal, primarily because of loss of job security and motivation, yet the results from states that
have switched over to at-will are mixed. While Wisconsin (with 27,000 employees of 68,000 being
at-will) gets a B- grade in HR management in the Pew Report (2008), major states (with at-will) like
California and Florida get C- grade while the overall grade for all 50 states is a C+ (Governing, 2008,
27). Even Texas that has gone in for relatively larger at-will conversion is graded B with strengths in
managing employee performance and strategic workforce planning (Governing, 2008, 87). Similarly,
Georgia is graded A- in managing its workforce with strengths in strategic workforce planning,
hiring, training and development and managing employee performance (Governing, 2008, 48) with a
mixed workforce. The Pew Center on States testifies to the relatively low turnover rates among
Wisconsin’s civil servants (PEW Center, 2008, 2). Similarly, California has devolved many HR
powers on its agencies but not instituted any centralized reporting mechanism (Governing, 2008, 42)
that may give rise to anomalies in service conditions between analogous classes of employees,
particularly when the workforce comprises both classified and unclassified employees. This may be a
causative factor in this state obtaining a C- grade in HR management. Thus the link between
conversion to at-will employment and quality of governance is, at best, tenuous. Even as states
convert to at-will, yet a substantial chunk of civil service would necessarily remain. Therefore,
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integration of the twin streams of the civil service holds the key to good governance, not so much the
quality of at-will employees or their perceptions of job security alone. At-will may not always be bad
and classified system always good. Evidently, the fault lies in system design more than employee
motivation and security. Thus, it is important that academic research devotes itself to integrating the
two streams rather than continue to view them as antagonistic or independent of each other.
Third, with the large-scale superannuation of the Baby Boomer generation, the requirement
for employees would increase manifold in the years to come. At the same time, budget and
employment uncertainties of a recession-hit US would play an important role in determining the
dynamics of the employment marketplace. Historically, government efforts to recruit are severely
limited by pay levels lower than those of the private sector are. However, now equally afflicted is the
private sector by the recession in the US economy and recent moves by the US Federal Government
in regulating the financial services sector that is a large employer. This may indeed bring about a
relatively level playing field for recruiters in government at least for the next 5-7 years. At the same
time, government budget deficits would continue to balloon because of the recession and foreign
military commitments and restrict government expenditure on employment and training. Therefore,
future research needs to direct itself to exploiting the current slump in the employment market to
make good the large shortfall of qualified personnel in government in the next five years.
Fourth, current research does not account for intrinsic and professional motivators in public
services. Analysis of data from the Federal Human Capital Survey (2006) by the author showed that
on a rough average, nearly two-thirds of employees have a high intrinsic motivation for public
service and 90% think their work is important while about three-quarters of employees have a sense
of personal accomplishment. The databases are for a composite workforce. Over two-third of
employees are satisfied with their pay and jobs while about two-third would recommend their
organization as a good place to work. At the same time, less than half are satisfied with the
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recognition they receive and even less by their perceptions of the abilities of their leaders. In fact,
when the latter two responses are considered, the average score for this group of questions declines
substantially. Data from the MPS (MSPB, 2005) showed that 95% employees felt that their agency’s
mission was important to them while 88% felt their work was meaningful to them, which are
consistent with the FHCS data above. Over three quarter of employees would recommend their
agency. However, training seems to be a sore point in both datasets as the MPS (2005) shows 48%
employees speaking of inadequate training and a mean 60% employees feeling that they get a real
opportunity to improve their skills in their organization, which too is consistent with the FHCS data
above. There is however, a major point of departure between the two datasets insofar as perceptions
of leadership are concerned. While the FHCS data shows only 41% employees satisfied with the
policies and practices of their leaders, the MPS 2005 data shows 63-71% satisfaction in the “Overall,
I am satisfied with my supervisor” responses and 45-57 in the “Overall, I am satisfied with the
managers above my immediate supervisor” responses. It would thus seem that disenchantment with
senior leadership is higher than with immediate supervisors and is more a cause of relatively lower
motivation than for the lack of it in employees even in a composite work force. Thus, the degree of
managerial flexibility required to engineer/re-engineer governance systems while, simultaneously
addressing concerns of security and motivation of at-will employees, would have to be determined
with reference to geographical areas, ethnic groups, sex, age, and functional areas, etc. and such other
socio-economic considerations that equally affect governance systems.
The much reviled at-will system may indeed be the part replacement for the civil service
system in the present century. However, the requirement of good governance cannot be understated.
Engineering/re-engineering at-will systems to attract and retain high-quality professionals, unlike in
the TSA, becomes a priority at once for alternative forms of governance. The TSA which was one of
the first federal agencies to change over to at-will employment has a ‘rookie ratio’ of over 19%
9

10. Cost of Employment per Quarter 2006-08
0
0.2
0.4
0.6
0.8
1
1.2
1.4
1.6
Mar-06 Oct-06 Apr-07 Nov-07 Jun-08 Dec-08
Quarter ending
PercentageIncrease
Public Administration Private Industry
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(employees with less than three years of service) and ranks at the bottom of most parameters in the
survey of the Best Places to Work in the Federal Government survey of 222 agencies and their
departments (2007). The key parameters where it is the 222nd
of 222 agencies include effective
leadership, performance based rewards, pay and benefits, work and life balance. Therefore, there is
ample scope for future research in the engineering of new at-will systems and in setting useful
benchmarks for attracting and retaining employees.
The cost of employment is increasing every quarter as shown in Fig. 2 (US DoL, 2008) and
public administration wages are growing at an appreciably higher rate than their peers in the private
sector (except in quarter ended March
2008) excluding benefits, though the
base salaries may be lower. Thus, wages
without benefits may not be vastly
inferior to those of the private sector and
government employment therefore
remains relatively attractive, even
without benefits for at-will employees
that may explain their willingness to take up such employment, irrespective of job security.
Thus, the relation between at-will and job security and motivation is, at best, tenuous and not
far removed from those of the classified system. Current research does not provide answers to how
one would know which segment of the subject population is not adversely affected by at-will
employment and why such populations of a particular age group historically prefer to work in the
public transportation sector (for instance) even as at-will employees? If this were known, how would
design of systems be affected? In fine, future research should collaborate in creating systems that
generate adequate intrinsic motivation that would carry with it growing employee commitment and a
10
Fig. 1

11. ADAPTIVE
STRUCTURE
CONTIN-
GENCY
FIT
STRUCTURE
Fig. 1
HYBRID
SERVICE
AT-WILL
CLASSIFED
CIVIL SERVICE
Fig. 2
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reciprocal bonding of an organization with the employee over a span of time; this may obviate
concerns of motivation and job security. For this reasons the proposed study is a significant
contribution to the existing body of research.
1.3 The Framework
The post positivist structural contingency framework comprises adaptive functionalism,
contingency-fit model and the comparative method. This theory assumes that there is fit between
each contingency and one or more aspect of organizational structure so that it positively affects
performance; conversely, misfit negatively affects performance. An organization initially in fit
changes/modifies a contingency to its fit and adopts a new structure so that it regains fit and
performance levels. Fig. 1 shows the conception of this theory while Fig. 2 shows its application to
the new hybrid governance system.
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The essence of the correlations between structures and contingencies is the functionalist
theory that assumes that there is a fit between certain strategies and certain structures. However, in a
refinement of the original theory, critics have pointed (Whittington, 1989, Child 1972 and Bourgeois,
1984) out that managers make the strategic choices that eventually help an organization retain its fit;
such choices may be made on the basis of the managers’ powers, values, beliefs and preferences.
Thus, the manager becomes the center of such action-level analysis. In effect, the revisionist view
states that an organization in misfit adapts the contingency to its structure, rather than the other way
round. Applied to the at-will system, structural contingency in a strategic choice lens implies that
classified systems, into which legislatures have injected at-will, view at-will as the contingency and
managers of such organizations therefore strive to integrate at-will employees into an organization or
its constituent parts. Failure to make the transition owing to various reasons may give rise to a
phenomenon of uncertainty, distrust and fear among affected populations and reliance on external
factors such as the judiciary for self-defense. Thus, examples of misfits in this context include the
TSA and states of California and Florida while the States of Georgia and Wisconsin are fits.
This research therefore proposes to address the following central questions:
 Does at-will employment lead to managerial flexibility?
 What are the main effects of the at-will system employees and managers perceive?
1.4 Limitations of the Study
While at-will is widely condemned for undermining the integrity of governance and the
neutrality of the civil service, such views are not borne out by facts. Not all systems in the public
sector may permit of at-will employment; conversely, not all public sector systems are always
responsive with classified systems. The concept of fit therefore implies that the objective of a
division or an agency, its need for operational flexibility or innovation may be accurate measures of
the type of staffing it requires. Thus if the US State Department requires career diplomats to run its
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missions abroad, it also avails of the services of foreign policy professionals and university
professors whenever required. In order to prioritize the requirement of experts, appoint and retain
employees, managers need to have a harmonious blend of both operational flexibility and
accountability processes in dealing with at-will employees. This brings the focus to bear on key
relationships within structures that try to adapt to changing staffing norms. In the absence of the due
process, how should systems be tailored to enforce accountability of managers vis-à-vis employees?
What areas of operation should a manager staff with at-will employees or what blend of classified
and unclassified employees should he have in a division? What safeguards should be built into
recruitment systems to ensure equity and justice in recruitment and retention? How should
compensation and reward systems operate in a hybrid culture? In sum, at-will depends on various
socio-economic and political factors without analyzing which it may be premature to write-off at-will
or engineer/re-engineer governance systems. This failing is at the heart of the current academic
debate that makes no distinctions between employee profiles, geographic conditions, skills, etc., yet
condemns the at-will system. Therefore this study not only accepts at-will for reasons stated
elsewhere in the proposal but also aims to qualitatively analyze key relationships between employees
and managers, legislators and managers, between managers, employees and the legal environment so
that the findings are useful for HR administrators and designers.
At the same time, it is not possible within the limits of time and funds to address more than 2-
3 specific areas by case studies. Nonetheless, this limited research will pave the way for more similar
studies in other key areas.
2. Literature Review
2.1 Origin of At-will Employment
The origins of at-will employment date back to Blackstone’s commentary on English
common law that viewed the employment relationship as a contractual one. If no tenure was stated,
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the presumption was that it would be for a period of one year. However, either party could exit such
contract by citing facts that showed change of intent (Blackstone, 4130). However, early court
decisions while following English law did not adopt any presumption of annual hiring and instead
tried to discern the parties’ intent. In 1877 treatise writer, Horace Wood, changed the interpretation
by declaring that “With us, the rule is inflexible………a general or indefinite hiring is…….a hiring
at will.” (1877, 136) Although US courts did not recognize Wood’s opinion immediately, at-will had
become employment terminable at-will by 1930. Given the harshness with which at-will was
implemented in the early years of the 20th
century, under the contemporary doctrine employers can
discharge employees for good reason or for no reason, or even for bad reason, “but not for some
particular bad reasons condemned by law.” (Gertz, 49).
2.2 Extension of at-will to the Public Sector
The centuries old civil service has found itself at the center of the polemics that have
variously labeled it as, Jerrell Coggburn sums up, “inefficient, archaic, cumbersome, moribund,
meritless, disconnected from agency management, flat footed, suffering from paralysis, constituting a
straightjacket for managers, emphasizing employee protection over performance, or just plain
broken.” (Cohen & Eimicke, 1994; Horner, 1988; Kettl, Ingraham, Sanders and Horner, 1996;
National Commission on the State and Local Public Service, 1993; Osborne & Gaebler, 1992; Savas
& Ginsburg, 1973; Walters, 2002). This, in turn, engendered a reform movement that espoused
“managerialism” by “blowing up” the civil service (Walters, 2002), “radical reform (Condrey &
Maranto, 2001), a “civil service tsunami” (Walters, 2003) and going “to the edge’” with civil service
reform (Barrett & Greens, R. (1999) – virulent vituperative for enhancing executive control over
work forces.
In the nineties, Georgia and Florida introduced at-will in the public sector that resulted in
conversion of several thousand existing classified employees to at-will employees while all new
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employees would be at-will. At the heart of at-will in the public sector lay the elimination of the due
process and the consequent loss of job security. Hundred per cent of workers in Texas are at-will
employees while Georgia, Idaho, Kansas, Oklahoma, West Virginia and Illinois have 72, 48, 40, 35,
33, 30 and about 20 per cent respectively. Hays and Sowa (2006, p. 107) showed that 28 of the 50
US states have made significant expansion of at-will employment in public agencies. Other
arguments in support of at-will have included poor political responsiveness of civil servants. Further
arguments include the need for executive flexibility to deal with employee malfeasance and
nonfeasance, i.e. using termination of service as a negative incentive for performance (Bowman,
Gertz, Gertz & Williams, 2003; Walters, 2003) and greater freedom from political control and
oversight and the opportunity to be entrepreneurial (Terry, 1998). They observed that political
officials wanted bureaucratic responsiveness, expertise and institutional memory while
simultaneously, promoting the contradiction of at-will (2006, 179). Green et al’s finding that the
traditional criteria for conversion to at-will are vague and inconsistent and stemmed from unique
circumstances, serves to bolster such contradiction (2006, 179-180) in the process of conversion to
at-will. In this manner, the legislature injected a contingency into the classified civil service that had
achieved fit and performance in its own estimation.
2.3 Managerial Flexibility: Myth or Reality?
Does at-will employment lead to managerial flexibility? While for some it was a full-fledged
attack on the bureaucracy (Kearney & Hays, 1998), for others it was another fad and “tide of reform”
(Light, 2006, 7). Legislation passed in Georgia based on mangerialist ideology (Pollitt, 1993; Thayer,
1984) caused “increased management rights over employees” (Gossett, 2002, p. 96; Ingraham &
Ban, 1984) and imposed legal prohibitions on the ability of employees to strike (Gossett, 2002. 96-
97). There was absence of uniformity in classification of posts opening the system to patronage
(Gossett 2002, 102) coupled with the arbitrary power of dismissal (Gossett, 2002, 101). No
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decentralization of HRM function required for flexibility took place (Hays and Sowa, 2006, 106-7).
Neither sick payments nor compensation for damages (Aparicio-Valverde, et al 1997, 596-608) and
costly disruptions in work programs by changing organizational allegiance (Hunter, et al, 1993, 383-
407) was factored into legislation. There was also no consideration of the effect of higher wages for
at-will employees on lower paid classified employees (Brewster, et al, 1997). Thus, managerial
flexibility remained incomplete, despite the stated objective of legislatures (Gossett, 2002, p. 101).
Evidently, managers were trapped between a legislature unwilling to grant them the full measure of
operational autonomy on the one hand, and the flexible requirements and expectations of the new
system on the other. Thus while a contingency was created, the resources to adapt it to the existing
structure were not made available. Obviously, this ‘half-system’ had its fallout on both employees
and managers.
2.4 Impact on Job Security
What are the main effects of the at-will system that employees and managers perceive? Two
major issues that at-will’s detractors have frequently used are its effects on employee job security and
motivation.
In the federal government, post-9/11, the Departments of Homeland Security (DHS) and
Defense (DoD) have introduced at-will on a substantial number of posts. However, this has not
resulted in any major change in employee perception from 1979 (purely classified) to 2002 (partly at-
will included) on key parameters as Table 1 shows (Haksoo, Cayer and Lan, 2006).
Variables 197
9
200
2
Mea
n
Variables 197
9
200
2
Mean
Overall organizational
effectiveness
3.84 3.88 3.84 Job satisfaction 3.90 3.79 3.72
Support for organizational
change
3.12 3.24 3.11 Customer orientation 3.82 3.57 3.64
Empowerment 3.54 3.47 3.36 Teamwork 3.97 4.00 3.80
Performance evaluation fairness 3.25 3.67 3.40 Performance
rewards
2.87 3.21 3.05
Poor performer management 2.96 2.74 2.95
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Table 1
Even with managerial flexibility and at-will, employees perceived increases in overall organizational
effectiveness, teamwork, fair performance evaluations and teamwork. Green, et al found that the at-
will system relied on competent trained managers. However, budget constraints prevented such
imparting of such training. (2006, 180) Low remuneration remains a major constraint.
With decline in labor unions, legislators and courts introduced antidiscrimination and
antiretaliation measures that limited the authority of employers. While antidiscrimination measures
included Title VII of the Civil Rights Act, Age Discrimination in Employment Act and Americans
with Disabilities Act, anti-retaliation measures included the National Labor Relations Act (1935),
Fair Labor Standards Act (1938) and the Clean Air Act (1963). Simultaneously, the judiciary created
exceptions based on implied contract, good faith and fair dealing and tort (Gertz, 2006, 51-52).
Although employee perceptions speak of loss of job security and motivation of at-will employees,
court judgments do not always bear out the arbitrariness inherent in at-will employment. In other
words, judicial accountability tempers at-will. Autor states that the recognition of exceptions to
employment at will by 46 state courts between 1973 and 1995 limited employers’ discretion to
terminate workers and opened the latter to potentially costly litigation (2003, 2). In Toussaint v. Blue
Cross & Blue Shield, 1980, the Michigan Supreme Court held that an internal personnel policy
handbook that indicated the company’s policy to terminate employees only for just cause implied a
binding contract to continue employment (Autor, 2003, 5). In Pugh v. See’s Candies, 1981, courts
further expanded the implied contract notion by deciding that workers are entitled to ongoing
employment even in the absence of written or indirect statements if contractual rights were implied
via the context of the employment relationship such as longevity of service, a history of promotion or
salary increases, or typical industry practices (Autor, 2003, 6). Courts have made it difficult for
employers to skirt the risk posed by implied contract suits, e.g. employers’ progressive discipline
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policies—stipulating that workers will not be fired for poor performance without first receiving
successive warnings. Courts have taken employers’ 401(K) and other retirement programs as
evidence of an expectation of long-term employment. In 15 states that currently recognize the
implied-contract exception, courts have held that signed disclaimers waiving implied contract rights
do not nullify these rights (Walsh and Schwarz, 1996). In sum, even though legal recourse is
expensive, courts remain a viable and receptive alternative to arbitrariness in at-will employment.
The verdict of the State Supreme Court in 2002 upholding the state Governor’s stand on
ServiceFirst (the reform law as it was called) on limiting collective bargaining accounted for
significant increase in membership in the local American Federation of State, County and Municipal
Employees (AFSCME) chapters (Walters, 2002, 2003). It would appear that instead of weakening
collective bargaining, at-will appears to have stimulated it and provided an additional avenue of
protection for at-will employees.
Layoffs and terminations of service combined are significantly higher at 16.3 per cent
annually in the private sector when compared to 2.9 per cent at the federal level and 5.6 per cent in
states. Lasseter’s (2002, p.128) analysis of firings in post-at-will Georgia bears out the low rates as
shown in Table 2:
Year
Classified
Employees
% of total
workforce
Unclassified
employees
% of total
workforce
Terminations % of total
workforce
1994 21,045 91.5 1,955 8.5 212 0.5
1996 Merit System Reform Introduced – At-will employment
1998 17,050 77.5 4,950 22.5 262 1.2
2000 11,382 54.2 9,618 48.8 328 1.6
Table 2
However, Lasseter also admits that there was a downsizing of the workforce by about 10%
from 23,000 in 1994 to 21,000 in 2000 and not all firings were attributed to at-will (2002, 128).
Although managers were cognizant about the legal protections available to employees, nearly 20,000
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voluntary and involuntary separations occurred in Texas in 2005 alone. No break-up of the
separations of public and private sectors being available in the studies, it is quite likely that the
percentage of involuntary separations in government may be much lower than the average of 5.6 per
cent in the private sector. The median resultant damages awarded by courts nationwide for unjust
firings rose by 70% from $120,736 in 1992 to $205,794 in 2000 (Gardner, et al, 2000, 39). The
average award to victorious plaintiffs in wrongful discharge cases heard in California between 1982
and 1986 was $652,100 - $1.41 million for 115 cases between 1989 and 1991(Dunford, et al, 1998,
903-904). In fine, the courts partly balanced the absence of due process in at-will, remedied a major
aspect of the at-will contingency and restored accountability of managers in the system of
governance; a partial adaptation of the structure thus occurred in tandem with unionization. Thus, at-
will does not necessarily lower the civil service into the netherworld of arbitrariness and deprives at-
will workers of their job security.
2.5 Impact on Employee Motivation
In a study of the at-will system in Texas, Coggburn (2006, p. 163) observed that although
most HR Directors of public agencies who were interviewed felt that at-will helped ensure employee
compliance with organizational goals, they agreed only partly agreed on at-will as the source of
motivation for an unclassified employee. Kellough and Nigro (2006) discovered that after four years
of operation of the reforms in Georgia, few of the work force agreed that the scheme (GeorgiaGain)
provided motivation to employees and that pay hikes did not relate to improved performance. The
uncertainty of employment and unfairness in distribution of incentives has not been counterbalanced
by market-level salary levels as Coggburn has shown (2006, 170). Kerr (1995) identifies fascination
with an "objective" criterion, overemphasis on highly visible behaviors, hypocrisy and emphasis on
morality or equity rather than efficiency as being the factors that militate against the proper
functioning of any rewards system. Taylor and Pierce reported similar findings from a government
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environmental agency in New Zealand (1999). Coggburn (2006, p. 174) stated, “Although at-will
employment does enhance executive control over government, it does nothing to attract new
employees or to positively motivate existing staff members. Moreover, at-will employment may
discourage certain forms of desirable behavior (e.g. whistle-blowing) and, at the same time,
encourages undesirable behavior (e.g. insensitivity to procedural fairness)” (Coggburn, 2006, p. 174).
To add to the mounting tide of negative findings, Coggburn stated that many respondents felt that at-
will did not encourage innovation and voicing of dissenting opinions (2006, p. 174). It is pertinent to
note that such charges are equally endemic to the civil service and have more to do with human
nature than with at-will employment. Therefore, the structure was unable to adapt the contingency
and issues of job security and employee motivation remained major areas of concern.
Many organizational researchers have suggested that employee work motivation is related
more closely to intrinsic rewards of work than with the level of compensation earned (Herzberg,
1966; Hackman and Lawler, 1971; Hackman and Oldham 1980). These scholars stress the
importance of employee participation and employee perceptions of the significance of their work.
Perry and Wise (1990) stated that the current trend of public motivation programs failed to
acknowledge unique motives underlying public sector employment. They pointed out that public
service motivation was commonly associated with normative orientations such as a desire to serve
the public interest or social equity. Public organizations that attracted employees with high levels of
public service motivation would not have to construct incentive systems that were predominantly
utilitarian to energize and direct member behavior. (Perry & Wise, 1990: 371). Therefore, candidates
applying for unclassified jobs in the public sector may well have public service for motivation, even
as they are aware that job security may be lacking. It is perhaps this motivation that Green et al
(2006, 180) found in at-will employees who did not relate their status to productivity. Thus, the
linkage between job security and motivation may not always apply in the public sector.
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2.6 Discussion: What Research Supports
Evidently, at-will is a creation of legislative politics, arising from the inability to use civil
service discipline and dismissal systems effectively in ensuring a responsive bureaucracy. It attempts
to subvert civil service security and motivation on the pretext of imparting greater managerial
flexibility and give rise to political patronage. Even then, it has failed to grant the requisite level of
operational autonomy to managers. Thus while hiring has been speeded up, the issue of adequate
salaries to attract workers is not available due to budget constraints. In some states, managers do not
have the authority to make rules on at-will employees such as those relating to leave. Appraisals,
rewards and incentives too remain as unfair as they were in classified systems. In some cases, speed
of staff hiring have improved, although quality does not reflect in the employees recruited.
Theoretically, HR managers feel they have greater authority to enforce accountability and deal with
work shirkers since they now have the autonomy to fire employees at will. On the one hand, while
components of the structure (managers) feel that the at-will contingency has been dealt with by their
perceptions of greater powers of hiring and firing, on the other, the structure has not adapted at-will
fully, given large budgetary constraints and an evident unwillingness to change procedures from
classified systems.
2.7 Discussion-II: What Research Does Not Support
Current opinions voice apprehensions of employees at losing their primary drivers, viz. job
security and motivation vis-à-vis perceptions of managers about their enhanced powers of hiring and
firing. However, credible evidence such as the PEW Report (Governance, 2008) give states with high
incidence of at-will employees high as well as low grades for HR management. Is it then that quality
of leadership of the agencies is suspect, notwithstanding at-will? Green, et al, 2006 concludes that
public managers and political officials are inclined to experiment with at-will. Second, younger
workers are less unfavorably inclined to at-will (Green, 2006, 187). Despite gloomy predictions of
political patronage, there is little to show that such patronage has indeed occurred. Nor have rates of
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involuntary turnover appreciated to be of any worthwhile concern. Available data does not bear out
any appreciable increase in the incidence of firings. The studies also rarely take into account the role
of the judicial system in filling in for the loss of due process in at-will. Then how do perceptions of
managerial autonomy and a semi-fear psychosis of employees jell with court judgments and large
damage awards against employers or enforcement of statutes by federal/state agencies and a
widening of protections by courts? Last, but not the least, the coinciding of superannuation of the
Baby Boomer generation with large budget deficits, stock market uncertainties and shrinking
employment markets, leaves at-will as the major viable option for all employers, government or
private. Thus, external factors appear to be forcing the structure to adapt the at-will contingency as a
measure for survival of the system of governance in the end.
3. Research Design
3.1 Overview and Rationale
3.1.1 Defining the Phenomenon
From the above discussion, the contours of a phenomenon emerge, one that is lived by
several thousand people across vast geographical regions not necessarily homogenous in functions or
any ethnic considerations across states and federal governments. As the structure attempts to adapt to
the at-will contingency, its incomplete transition causes the at-will personnel involved in it to
develop complexes of fear, distrust and unfairness that affects motivation, job satisfaction, and
security. Despite this, external factors now may force the final adaptation of the at-will contingency
as an economic necessity as also the means to achieving a fit performance level.
3.1.2 Why Phenomenology?
A phenomenological study describes the meaning of lived experiences of a concept or a
phenomenon for several individuals. The ultimate objective of a phenomenological approach
therefore is to arrive at a description of the universal essence. In doing so, phenomenology keeps
apart any preconceived theoretical notions/assumptions (bracket) that a researcher may make until
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they arise from concrete facts. Once such interpretation made on facts, phenomenology assumes an
interpretivist approach. Given the fact that this study involves interactions between subjects who
have uncertainties of at-will as their common concern, as do managers of organizations with such
employees, the study would necessarily have to have a psychological approach to phenomenology at
two levels, viz. macro and micro. While the macro level inquiry would establish broad contours of
the essence, the micro level would inquire into specific areas on preset criteria detailed in the
succeeding paragraphs. Thus, the essence of the problem would have a phenomenological focus at
two levels of analysis to be useful for HR managers and system designers.
Reverting to our first research question, for instance, when managers perceive lack of
flexibility, it is useful to know whether there is a difference in such perceptions between at-will
managers and classified managers. Similarly, if managerial flexibility is indeed the cause of lack of
security and motivation among employees, it is useful to know the specifics of what aspect(s) in the
workplace such uncertainties stem from or whether such prejudices relate to any other socio-
economic factor such as race or sex. Job security is a major consideration for all at-will employees.
Yet there is a likelihood of a younger age group or faith not being averse to it. Similarly, employees
with higher skill sets may not face the uncertainties of at-will with the same degree of trepidation that
others with lesser skill sets would. The relative absence of such trepidation may be due to the
geographical location of an organization, demographics, local economy, traditions, etc.
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Fig. 3 shows the schematic layout of the proposed design. The detailed stages of the study are
at Annexure-‘A’.
The second advantage of this design is its flexibility. For instance, either of the research
questions could be individually covered or in a combination of two or more. Further, two sets of
researchers could be deployed, each with its own skill sets and bridged by the principal investigator.
While managerial flexibility is perhaps the most vilified issue in public management today, yet its
impact on at-will employees and consequent HR grading of states in the Pew Report supra gleaned
from subject interviews. Similarly, researchers may obtain feedback from subjects of the role of
professional motivators’ vis-à-vis innovations in public service delivery by departments converted, in
part or completely, to at-will. Within a single research problem too, the phenomenological approach
may provide useful feedback on the effects of at-will unionization on job security or on the effect of
fairness of appraisals/rewards/incentives when managers do not have adequate budgets to fund better
pay and benefits to at-will employees.
24
Macro Level
Phenomenology
*RQ 1
*RQ 2
Identify themes
at macro level
Micro Level
Phenomenology
*RQ 1
*RQ 2
Phenomenological
Case Studies
Age, sex, ethnicity,
skills and
geographical area
Lack of managerial
flexibility, unfairness in
promotions,
rewards/incentives,
arbitrary firings, legal
protections, low
motivation
*RQ: Research Question
Fig. 3

25. Basu
Last, but not the least, the phenomenological approach is constructively purposive and
opinion-neutral. The design accepts the fait accompli of at-will in the current scenario and proposes
to take up the study that would be useful for organizations, thereby addressing the gap between
theory and practice. To this extent, it may even be somewhat interventionist and action-oriented in its
approach, though not falling under the category of action research. Annexure ‘A’ shows the detailed
schematic layout of the proposed study.
The study proposed is a two-tier one. The first interview would be based upon an open-ended
format and could be done face-to-face or by telephone, in focus groups or as individuals meeting
most of the above criteria. The population is selected for its homogeneity with the overriding
consideration of having experienced the phenomenon of managerial flexibility arising from at-will,
such as purposefully stratified by age, sex, ethnicity, seniority, geographical location (low, medium
or high traffic airports) as shown in Tables 3 & 4 (software used for weighting).
Table 3: Selection Criteria List for Managers
Name Department
HR = 1
Non HR = 2
(Wt*: 0.10)
Classified/
Unclassified
C = 1
UC =2
(Wt. 0.20)
Sex
M= 1
F = 2
(Wt. 0.10)
Age (years)
25-50 =1
>50 = 2
(Wt. 0.10)
Edu Qual.
HS< = 0
HS = 1
≥ UG = 2
(Wt. 0.10)
Prof Qual
Tech = 1
Non-tech =2
(Wt. 0.10)
Ethnicity
Majority = 1
Minority = 2
(Wt. 0.20)
Service
(y
e
a
rs
)
20≤ = 1
>21 = 2
(Wt. 0.10)
Table 4: Selection Criteria List for Employees
Name Department
HR = 1
Non-HR = 2
(Wt*: 0.05)
Age (years)
20-40 = 1
>40 = 2
(Wt. 0.20)
Sex
M = 1
F = 2
(Wt.
0.20)
Edu Qual.
HS< = 1
HS = 2
UG & > = 2
(Wt. 0.15)
Ethnicity
Majority = 1
Minority = 2
(Wt. 0.20)
Service (years)
5-15 = 1
>15 =2
(Wt. 0.10)
Centrality of position
Specialist= 1
Generalist = 2
(Wt. 0.10)
*Wt. = Weight
Researchers would follow the first interview for opportunistic leads that may require
multiple interviews with different groups of managers or the same set of personnel. Since
perceptions may be context and/or time-specific, structured interviews may point out extremities
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and help arrive at ‘normal’ situations. Thus, the feeling of overall adequacy of rewards given by
managers in the first interview may stand contradicted in subsequent interviews when the context
is limited, from say all employees, to female employees or Hispanic employees only.
Conversely, a feeling of helplessness with the rules governing rewards for employees may not be
as strong for senior at-will employees or veterans, as it may be for ‘rookie’ employees. These
interviews would throw up sub-themes for the case studies. Sample themes could be the effect of
managerial flexibility on female Hispanic TSOs in low-traffic airports in SE US. Such a theme
would also relate to motivation of employees. If employees are indeed apprehensive of firings
and perceive threats to their jobs, official records and data would provide figures of attrition,
court verdicts, etc. for purposes of the case study. This would also partly externally validate the
interview findings. Such a process generates a rich trove of information and guide HR managers
in designing integrated HR systems. Such study may highlight differences in perceptions of job
security between ethnic groups, age and sex groups, or on geographical locations, skill sets and
qualifications etc. and prove of immense utility to HR managers and system designers.
Phenomenological thematic case studies of the type proposed also provide rich information for
hours of personnel deployment, job-related difficulties, superstitions and beliefs, etc., and how
they play important roles in deciding the perceptions of employees. Enhancing the quality of
rewards, more intrinsic than extrinsic, may result thereby reducing apprehensions of motivation
and security and empower managers to dole out such rewards more liberally and often. Thus, the
two-tier phenomenological research design creates a macro field of inquiry and then uses case
studies, to the extent required, to further analyze specific niche HR areas that impinge upon the
operational effectiveness of an organization.
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3.2 Site and Population Selection
Department of Homeland Security (DHS) was voted the 29th best department of the federal
government to work, of 30 departments with an overall index score of 49.8 in 2007 (Partnership for
Public Service, 2007A). Within the DHS too, the TSA with an overall score of 40.6 is the second
lowest rated agency. Of 222 federal agencies surveyed, the TSA ranks at 220 with a workforce in
2007 of 57,853 (TSA, 2008). The workforce is also diverse comprising white 61.2%, black 20.7%,
Asian 4.7%, Hispanic 12.4% and American Indian 0.9%. TSA also has a relatively high rate of
attrition with an average 2,779 joining and 6,614 per annum leaving in 2002-06 (TSA, 2008). Such
high turnover ratio leaves TSA with 41.7% of its personnel in the ‘rookie’ employee category
(percentage of workforce with less than three years of service) (Partnership for Public Service,
2007B & TSA, 2008). In fact, TSA admits that its average attrition rate from 2003-07 is 23.46%
(TSA, 2008). TSA also has 24.6% of its employees on part-time basis (TSA, 2008). It is not
surprising that TSA ranks at the bottom of the list of surveyed federal agencies as shown in Table 5.
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Table 5
TSA claims that in 2007 only 337 complaints (0.58% of its total workforce) filed formal
complaints, which was lower than those of the Departments of Transportation and Justice, and the
US Postal Service (TSA, 2008), most of which have civil service protections. However, this does not
support the high rate of attrition and the survey results shown in Table 5. TSA employees also have
the right to form unions and in 2007 4,349 employees were union members (TSA, 2008), i.e. 7.5% of
the total workforce. TSA also states that it has multiple avenues for redressing of employee
grievances. Internally it has Ombudsman's Office, Office of Civil Rights, Disciplinary Review
Board, Peer Review Programs, a Model Workplace Program, where employees and managers form
councils to address all sorts of workplace complaints and grievances and a zero-tolerance policy
about illegal drug use and theft. Externally, employees may appeal to the U.S. Equal Employment
Opportunity Commission, U.S. Office of Special Counsel (Whistleblower) and Federal Courts (TSA
2008). TSA deploys its 43,000 TS Officers (TSOs) at 450 airports all over the US (TSA, 2008)
TSA fulfills almost all the major considerations as the subject for a phenomenological study
because of its overwhelming proportion of employees being at-will, the diversity of its employees,
high rate of employee attrition, unionization of at-will employees, poor reward and incentive
schemes, average leadership and low pay and benefits, etc. These parameters would provide the
different layers of phenomenological thematic case studies. Phenomenological study of the extent of
Parameter Rank (of 222) Parameter Rank (of 222)
Employee Skills/Mission
Match
220 Strategic Management 217
Team Work 218 Effective Leadership 222
Performance Based Rewards 222 Training &
Development
197
Support for Diversity 218 Pay & Benefits 222
Work & Life Balance 222
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managerial flexibility would provide the leads for case studies in sub-thematic areas based on the
parameters mentioned supra in this section.
3.3 Data Collection
As stated in section 3.1 supra, the study adopts a purposeful sampling strategy for identifying
the subject population. Administrative support from TSA would assure access to the organization,
although researchers would make the selection of subjects; encounter some initial reticence from
employees to participate. Based on homogenous populations defined by age, ethnic group, sex and
functional area of deployment, subjects of inquiry include pay and benefits, job security and
motivation, rewards and incentives, quality of leadership, etc. Interviews would be a mix of one-on-
one, focus groups, telephone or online conferencing and based on an interview protocol devised by
the researchers; obtain consent of the subjects prior to the interview. While one-on-one interviews
may be appropriate for a TSA duty manager, focus groups may be more appropriate for employees.
In fact, based on the first round of interviews, researchers would devise a pilot format. If the
population of managers at TSA were stratified by age, sex, length of service, ethnic group,
geographical location, skills and qualifications, centrality of their relative positions to the decision-
making process, etc. and then asked the first research question in this proposal, responses may
expectedly differ widely as may the understanding of the term ‘managerial flexibility’ itself. For
instance, between Hispanic and Asian –origin managers in the age group of 35-45 years, based in
high, medium and low traffic airports with lengths of service of 5-10 years, a conservative view of
managerial flexibility may show agreement with the existing rules while a more liberal view may
show up high level of frustration with the rules. Such perceptions may then affect group/individual
rewards, promotions, etc. and eventually influence the perceptions of motivations and job security of
at-will employees.
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Based upon the first open-ended interview, researchers would identify variations to classify
them, identify extremities and attempt to arrive at a typical case for a benchmark. At the second
stage, researchers would, based upon general trends from the phenomenological study, extend their
efforts to sub-themes as phenomenological case studies. Therefore, the endpoint of the first tier of
this proposal (macro) would form the starting point of the second tier (micro). Since both tiers
involve observation of subjects as also interviewing, researchers, both as participants as well as
observers, would use field notes extensively. Interviews in the first stage would be semi-structured
(given the specific research questions) and recorded on audio and/or videotape. Since multiple
perceptions or variations of the same perception from both managers and employees may arise
during interviews, researchers will journal their impressions and, to the extent possible, request
participants in the study to do the same. Since TSA maintains extensive databases as also close-
circuit recording of their personnel at work, researchers would analyze these tapes and information
also. For instance, videotapes may generate interesting information on conditions of work and
injuries, etc. that may point to low employee motivation. Audit of duty deployment charts and time
sheets, injury reports, compensation claims, etc. for TSOs, maintained by airports and reference to
TSA documents relating to employee complaints, turnover, incentives and rewards paid, wage hikes,
etc. would also be made.
3.4 Data Analysis
Data analysis runs concurrently with data collection. Based upon interviews and
observations, researchers would first develop a list of significant statements and then broadly assign
the findings to themes, wherever required, to accommodate different perspectives on a single issue.
In doing so, researchers would move to the interpretive plane and create broad descriptions. For
creating descriptions, researchers would classify the findings into themes by assigning codes and
then slotting the findings into each theme (code) using coding software (Atlas, InVivo, etc.), the
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ultimate objective being not to count the frequency of recurrence but to generate manageable themes
required for narration.
For this purpose, researchers would evolve a common codebook so that there is uniformity in
reporting, apart from saving time. For instance, perceptions of blacks and Hispanic TSOs in SE US
on motivation and job security may be a theme while negative and positive perceptions may be sub-
themes for case studies; aggregation of such themes/sub-themes for the case studies. Researchers
would create a textural description of the essence of the experience of employees and then relate it to
the setting and context in their structural description. The second-tier would then start, using the fit
theoretical model to gauge the effect of at–will managerial flexibility, employee job security and
motivation on managers and employees. For example, if the first tier phenomenological study shows
different employee perceptions of lack of motivation due to poor rewards/incentives, the case study
would cover such areas/populations that account for the deviance from the typical case. More
specifically, if the first-tier findings show less resistance to at-will from younger workers, a case
study could delve deeper into this phenomenon by age, race, sex, etc. Simultaneously, case studies
would take into account supporting data such as those from TSA’s databases and official documents,
etc. and use graphs and tables to support and supplement the studies. In effect, the case studies would
be the endpoint in the triangulation of data collected by investigators and TSA information within the
fit model.
3.5 Trustworthiness
Given the ultimate objective of relating research on at-will to practice, it is imperative that
the findings are trustworthy. This proposal has already built in validation by triangulation of data.
While on the one hand, interviews would be the basis of thematic construction, yet such interviews
conducted by different investigators, using a variety of tools, would be the first step in the internal
validity process. A common codebook too would ensure uniform coding of findings without limiting
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the scope of interviews. This codebook, based upon intercoder agreement, would add to the internal
reliability of the research by divorcing the transcriber from the researcher and provide uniform codes
for themes. Data sourced from the TSA used for supplementing the case studies and the first-tier
study would further internally validate the findings. Yet the scope for external validation remains.
This is achieved by peer review by unconnected (to this study) independent reviewers who would
critically examine the findings, give alternative perspectives, critically analyze the transition from
textural to structural narration and comment on researcher biases, if any, remaining after bracketing.
3.6 Personal Biography
The principal investigator is serving the classified federal civil service in his home country
for the last 24 years. He is presently specializing in public management at the North Carolina State
University where he attends the PhD program in Public Administration. He has been working on at-
will employment in the public sector for the last two years and sees it as an alternative model of
governance, arising more from economics than politics. His experience of the civil service would
enable him to compare and contrast classified and unclassified systems and employee and managerial
behavior and perceptions arising from them. Being part of the public sector and conversant with
systems and their limitations, the principal investigator would not suffer from the biases of outsiders.
He would also not have major problems of access to official records. Being conversant with records,
he would also be able to save time in the study by speedily locating relevant data. Assistance of
experts and other investigators with similar qualifications and experience will also be available for
this study.
3.7 Ethical and political considerations
While both managers and employees in the hope that their grievances would be
redressed, may favorably receive this study, yet interviewees are likely to be reticent to speak
against major system deficiencies. It is therefore important that research in not intrusive to the
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extent possible. For this purpose, the initial list of eligible candidates is drawn from TSA’s
databases thereby maintaining confidentiality. Researchers would approach all the subjects via e-
mail or phone to obtain their consent after duly explaining the broad contours of the study and its
aims and objectives to them. Personal interviews, particularly with managers, are either online or
in person in a separate room with assured confidentiality. Videotapes of personnel at work for
observation would be with TSA’s consent. The study would not disclose names of interviewees
and specific designations. Subject populations selected, as per Tables 3 & 4 supra after receiving
consent from all employees, although the composition of groups decided upon by investigators.
Information about unknown personal or illegal activity exposed during interviews would be kept
confidential and transcriptions of interviews vetted by the interviewees. No typecasting of
employees/managers happens by the investigators; separate investigators and transcribers for
multiple interviews.
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RQ 1
Managerial Flexibility
Phenomenological Macro
Level
Study
Phenomenological
MicroLevel Thematic Case
Study
Age Centrality of post
Ethnic Group Geographical location
Sex Length of Service
Open-ended interview (1st
round)
Structured multiple
interviews
Coding
Classifying
Textural &
Structural
Description
Narration
Opportunistic multiple
interviews from findings of
PLogy interviews
Snowballing
Extremities/
Normal
Official Documents,
Archival matériel,
figures/tables
Gauge intensity
Opportunistic leads
Normal/average cases
Confirm
/Disconfirm
Extremities
Coding
Classifying
Textural & Structural
Description
Narration
Internal Validity External Validity
Internal Validity External Validity
Annexure ‘A’
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Researcher’s & Participants Activities
Description of Activity Date # of Days
for Activity
From To
Prepare issue brief/position paper, devise interview
protocols & obtain IRB Consent
01/01/09 03/31/09 90
Identify investigators & transcribers; procure recording
devices, InVivo, etc., obtain agency clearance for
survey/interview and devise codebook
04/01/09 04/30/09 30
Survey site of interviews & obtain lists of employees and
managers from agency
05/01/09 05/15/09 15
Shortlist subjects for interview, obtain their consent and set
up interviews
05/16/09 05/23/09 7
First level interviews with individual managers +
significant statements
05/24/09 06/07/09 15
First level focus group meetings with at-will employees +
significant statements
06/08/09 06/30/09 23
Derive themes from interviews + decide on case study
areas
07/01/09 07/31/09 31
Follow-up interviews with individual managers +
significant statements for case studies
08/01/09 08/15/09 15
Derive themes from interviews + textural description 08/16/09 08/31/09 15
Follow-up interviews with focus groups of employees
based on age, sex, ethnicity, etc. + significant statements
for case studies
09/01/09 09/07/09 7
Derive themes from interviews + textural descriptions 09/08/09 09/23/09 15
Final round of follow-up interviews + textural descriptions 09/24/09 09/30/09 7
Derive new themes & finalize list of themes + overall and
case study textural descriptions
10/01/09 10/31/09 31
Research from agency records 11/01/09 11/30/09 30
Finalize structural description 12/01/09 12/31/09 31
Write narration 01/01/10 02/28/10 60
Peer Review + addressing comments 03/01/09 04/30/09 60
Final drafting of report 05/01/09 05/31/09 31
Submit report June 1, 2009 513
Note: Many sub-activities such as transcription, investigator meetings and fieldwork are
subsumed in the above descriptions of activity of the researcher. The days based on
approximate output of one principal investigator, 3-4 investigators and two transcribers.
39

40. Basu
IRB Informed Consent Form
Revised 11/2006
North Carolina State University
Institutional Review Board For The Use of Human Subjects in Research
GUIDELINES FOR PREPARATION OF INFORMED CONSENT FORM
An Informed Consent Statement has two purposes: (1) to provide adequate information to
potential research subjects to make an informed choice as to their participation in a study, and (2)
to document their decision to participate. In order to make an informed choice, potential subjects
must understand the study, how they are involved in the study, what sort of risks it poses to them
and who they can contact if a problem arises (see informed consent checklist for a full listing of
required elements of consent). Please note that the language used to describe these factors
must be understandable to all potential subjects, which typically means an eighth grade
reading level. The informed consent form is to be read and signed by each subject who
participates in the study before they begin participation in the study. A duplicate copy is to be
provided to each subject.
If subjects are minors (i.e. any subject under the age of 18) use the following guidelines for
obtaining consent:
0-5 years old – requires signature of parent(s)/guardian/legal representative
6 – 10 years old - requires signature of parent(s)/guardian/legal representative and verbal
assent from the minor. In this case a minor assent script should be prepared and
submitted along with a parental consent form.
11 - 17 years old - requires signature of both minor and parent/guardian/legal
representative
If the subject or legal representative is unable to read and/or understand the written consent
form, it must be verbally presented in an understandable manner and witnessed (with signature of
witness). If there is a good chance that your intended subjects will not be able to read and/or
understand a written consent form, please contact the IRB office (919-515-4514) for further
instructions.
For your convenience, attached find a sample consent form template that contains necessary
information. In generating a form for a specific project, the principal investigator should
complete the underlined areas of the form and replicate the bold areas.
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41. Basu
North Carolina State University
INFORMED CONSENT FORM for RESEARCH
Title of Study: AT-WILL IN THE PUBLIC SECTOR: INTEGRATING CLASSIFIED AND
UNCLASSIFIEDSYSTEMS FOR A NEW MODEL OF GOVERNMENT
Principal Investigator Shantanu Basu Faculty Sponsor (if applicable) Dr.Julia Storberg-
Walker
We are asking you to participate in a research study. The purpose of this study is to assess
extent of managerial flexibility, motivation and job security perceptions among managers and at-
will employees in the Transportation Security Administration (TSA) under the US Department of
Homeland Security (DHS) in the backdrop of the structural contingency theory. The investigator
wishes to gauge the extent of the perceptions and then apply them by age, sex, ethnicity, skills
and geographical area to small groups of managers and employees. This would help us in
identifying specific areas and concerns that stand in the way of integrating classified and
unclassified systems in government.
INFORMATION
You were selected as a participant because you are a manager or at-will employee of TSA. If you
agree to participate in this study, you will be asked to participate in an online, telephone, face-to-
face interview, one-on-one with the principal researcher, for a period of 90-120 minutes. There
may be an additional shorter follow-up interview. Interviewers will ask you for your perceptions
of managerial flexibility, motivation and job security. If you have any disciplinary action
pending against you, this may also be disclosed to the interviewer with your perceptions on it.
Fictitious names will safeguard your identity. The information in the study records will be kept
strictly confidential.
RISKS
No risks anticipated
BENEFITS
In addition to contributing to the scholarly research on at-will employment, this study will
generate findings that would support the integration of classified and unclassified employees in
TSA.
CONFIDENTIALITY
Data will be stored securely in an electronically locked file cabinet in the principal investigator’s
office. Your name will not be used in any oral or written reports.
Your confidentiality will be maintained by the researcher. Only the researcher will have access
to the data from your interview (s) before your name is removed. Data will be reported using
fictitious names to maintain confidentiality, and any demographic information that could
indirectly identify you will be camouflaged so you that you may not be identified. This data will
41

42. Basu
be published in a doctoral dissertation for North Carolina State University and possibly a
journal(s) or conference proceeding(s).
COMPENSATION (if applicable)
No compensation is payable for your participation.
EMERGENCY MEDICAL TREATMENT (if applicable)
N/A
Consent, Right to Withdraw
You have the right to withdraw from this research at any time. Withdrawal from this research
will not influence your relationship with the researchers on this study. Your signature certifies
that you have decided to participate in this research, and have read and understand the
information presented in this consent form.
CONTACT
If you have questions at any time about the study or the procedures, you may contact the
researcher, Shantanu Basu at 1810, Crossroads Vista Drive, Apt #105, Raleigh, NC 27606-4197
(shantanu_leo@hotmail.com). If you feel you have not been treated according to the
descriptions in this form, or your rights as a participant in research have been violated during the
course of this project, you may contact Dr. __________________, Chair of the NCSU IRB for
the Use of Human Subjects in Research Committee, Box 7514, NCSU Campus (919/515-3086)
or Mr. _________________________, Assistant Vice Chancellor, Research Administration, Box
7514, NCSU Campus (919/513-2148)
PARTICIPATION
Your participation in this study is voluntary; you may decline to participate without penalty. If
you decide to participate, you may withdraw from the study at any time without penalty and
without loss of benefits to which you are otherwise entitled. If you withdraw from the study
before data collection is completed your data will be returned to you or destroyed at your
request.
CONSENT
“I have read and understand the above information. I have received a copy of this form. I agree
to participate in this study with the understanding that I may withdraw at any time.”
Subject's signature_______________________________________Date _________________
Investigator's signature__________________________________ Date _________________
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43. Basu
Selection Criteria List for Managers
Name Department
HR = 1
Non HR = 2
(Wt*: 0.10)
Classified/
Unclassified
C = 1
UC =2
(Wt. 0.20)
Sex
M= 1
F = 2
(Wt. 0.10)
Age (years)
25-50 =1
>50 = 2
(Wt. 0.10)
Edu Qual.
HS< = 0
HS = 1
≥ UG = 2
(Wt. 0.10)
Prof Qual
Tech = 1
Non-tech =2
(Wt. 0.10)
Ethnicity
Majority = 1
Minority = 2
(Wt. 0.20)
Service
(y
e
a
rs
)
20≤ = 1
>21 = 2
(Wt. 0.10)
Selection Criteria List for Employees
Name Department
HR = 1
Non-HR = 2
(Wt*: 0.05)
Age (years)
20-30 = 1
31-40 = 2
41-50 =3
>50 = 4
(Wt. 0.20)
Sex
M = 1
F = 2
(Wt.
0.20)
Edu Qual.
HS< = 1
HS = 2
UG & > = 2
(Wt. 0.15)
Ethnicity
Majority = 1
Minority = 2
(Wt. 0.20)
Service (years)
5-15 = 1
>15 =2
(Wt. 0.10)
Centrality of position
Specialist= 1
Generalist = 2
(Wt. 0.10)
*Wt. = Weight
Note: Subjects for interview identified from the above database by a weighted score, using
appropriate software. Thereafter judgmental analysis by researcher would be required.
43

44. Basu
Interview Protocol for Managers
1. Could you describe the operational flexibility as a manager that you have? Please bear in mind
the recent legislation passed by the state legislature and consider its impact.
[If the interviewee seems uncomfortable picking an issue or expresses concern about
confidentiality, etc.] How about if we talk about how you perceive the recent civil service
reforms?
probe about degree of flexibility and manager’s perceptions
2. As I mentioned on the phone, I’d like to talk about your efforts on creating trust between
managers and employees. What are you trying to accomplish on this issue and what type of
action are you taking to make that happen?
probe about rewards, incentives, appraisals, etc.
3. Recap what they’re doing and what they’re trying to accomplish. Who else is involved in this
issue both inside and outside of your agency?
probe about perceptions about effects on employee motivation and job security.
probe about what the reactions of employees are to managerial flexibility.
4. So you’re talking to these various people [be specific if it’s relevant] about why it’s necessary
to move forward on this issue [or, if relevant, why it’s necessary to prevent something from
happening, etc.]. What’s the fundamental argument you use to try to convince people to do this?
probe about different arguments for different targets
probe for secondary arguments
probe for partisan differences in terms of how different managers respond to this issue
5. What impediments do you face in achieving your objectives on this issue—in other words,
who or what is standing in your way? What arguments do they make?
6. [Recap employee perceptions of lack of motivation and security] Do at-will employees relate
skills to their motivation and devotion to duty?
7. [If answer to (5) above affirmative and recap employee perceptions] In that case, why do at-
will employees believe that they have no job security?
8. Do age, sex, skills, geographical location and ethnicity affect motivation and job security and
perceptions of managerial flexibility?
9. Do you believe that you have more powers to hire and fire personnel that in the pre-reform
era?
10. [If reply to (8) above is affirmative] How do laws reduce or enhance your flexibility in firing
employees?
11. Why and how would you fire an at-will employee?
?? probe inclination to observe limited due process or none at all
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45. Basu
Interview Protocol for At-Will Employees
1. Did you have a job offer in the private sector comparable to one in the public sector you now
have?
2. [If reply to (1) above affirmative. If not proceed to question (3)] How would you compare the
two jobs, for content, remuneration, rewards, etc.?
3. What factors did you consider when you joined the public sector?
?? Probe for intrinsic motivation of public service
4. Were you aware of the recent civil service reforms when you joined this sector?
5. [If reply to (2) above affirmative] How have the reforms influenced you?
?? probe perceptions of unfairness, arbitrariness, etc.
[If reply to (2) above negative] Would you have joined the public sector if you were aware of the
civil service reforms?
?? probe perceptions of unfairness, arbitrariness, etc
6. How have the reforms affected your motivation to work?
probe about degree of lack of motivation, causes and perceptions of arbitrariness, comment
on leadership of agency
7. As I mentioned on the phone, I’d like to talk about your manager’s efforts on creating trust
between managers and employees. How much do you feel have been accomplished on this issue?
probe about rewards, incentives, appraisals, etc.
8. [If reply to (5) above speaks of unfairness, etc.] Do you think you would have been treated
differently if you had higher skills or came from a different ethnicity, age group or gender?
probe about perceptions about causes and effects of all factors
probe about what the reactions of employees are to managerial flexibility.
9. What impediments do you face in your daily work that you attribute to your at-will status?
10. [If reply to (7) above includes managerial arbitrariness] Do laws, courts and unions
safeguard your job security? If so, how?
45