RESPONSIBILITIES OF ENGINEERS AS EMPLOYEES

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RESPONSIBILITIES OF ENGINEERS AS EMPLOYEES

• John W. Poston, Sr.
• Department of Nuclear Engineering
• Texas AM University

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Readings and References

• C. E. Harris,Jr., M. S. Pritchard M. R. Rabins,
  Engineering Ethics Concepts and Cases, 2nd. Ed.,
  
• Chapter 8, Engineers as Employees, Sections
  8.1 through 8.6
• Charles B. Fleddermann, Engineering Ethics,
  Chapter 6

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Engineers as Employees

• It is estimated that gt90 of engineers are
  employees
• Engineers are employed in
• government agencies
• large and small corporations
• defense industries
• universities, research facilities
• engineering consultants

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Engineers as Employees

• Ethical and professional issues often involve
  conflict between engineers and managers
• Often these conflicts involve decision-making,
  what decisions should be made
• - appropriately by engineers?
• - appropriately by managers?

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Engineers as Employees

• There is a natural conflict between management
  and professionals because of their differences in
  educational background, socialization, values,
  vocational interests, work habits, and outlook.
• Joseph Raelin

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ENGINEERS

• Many engineers do not maintain a close identity
  with their profession
• However, they have obligations to their employer
  and their profession
• - want to be loyal employees
• - insist on high standards of quality and
  safety

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ENGINEERS

• Primary function is to use their technical
  knowledge and training to create products and
  processes that are of value
• - good design (efficiency and economy of
  design)
• - accepted engineering practices
• - state-of-the-art technology
• - special concern for quality
• - preeminent importance of safety

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MANAGERS

• Primary function is to direct activities of the
  organization
• Are custodians of the organization
• Concerned with present and future well-being of
  the organization
• - economic terms
• - public image
• - employee morale

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Engineers as Employees

• Engineers often rise to management positions
  usually supervising other engineers
• Perspectives of engineers and engineering
  managers are often different
• These different perspectives lead to genuine
  differences of opinion which can lead to conflicts

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Engineers as Employees

• Situation is not unique to the engineering
  profession.
• Do the engineering codes of ethics provide
  guidance on employer-employee relationships?
• What are professional employee rights for
  engineers?
• What is the legal status of employee rights?

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Engineering Codes of Ethics

• When involved in a conflict with a manager, can
  an engineer find sufficient guidance in the
  professional code of ethics?
• MAYBE!!

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Engineering Codes of Ethics

• Provide general guidelines for employer-employee
  relationships
• Responsibilities but not rights
• Contain requirements that may be in conflict or
  misleading
• Provide many possibilities for conflicts of
  opinion

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Engineering Codes of Ethics

• The codes stress loyalty to the employer
• Engineers shall act in professional matters for
  each employer or client as faithful agents or
  trustees.
• The codes stress concern for the public
• Engineers shall hold paramount the safety,
  health and welfare of the public in the
  performance of their professional duties.

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Engineering Codes of Ethics

• Engineers shall perform services only in their
  areas of competence.
• Engineers shall issue public statements only in
  an objective and truthful manner.
• Engineers shall not disclose confidential
  information concerning the business affairs or
  technical processes of any present or former
  client or employer without his consent.

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CONFIDENTIALITY

• Why must certain engineering information be kept
  confidential?
• - directly affects ability to compete
• What types of information must be kept
  confidential?
• - test results and data
• - upcoming release of new products
• - designs of products
• - formulas of products

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EMPLOYEE RIGHTS

• Legal status of employee rights is changing
  rapidly
• - consider statutory law
• whistle-blower statutes
• protected activities
• - consider case law
• doctrine of employment at will
• public policy exception

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EMPLOYMENT AT WILL

• American law has been governed by this common law
  doctrine
• - , in the absence of a contract, an employer
  may discharge an employee at any time for
  virtually any reason.

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PUBLIC POLICY EXCEPTION

• Provides defense against employers when employees
  are acting to defend vital public interests or to
  claim uncontroversial rights as a citizen
• - refusing to break the law
• - public obligation
• - clear legal right
• - clear threat to public health or safety

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PUBLIC POLICY EXCEPTION

• Does not include employees asked to violate their
  conscience
• Does not offer protection in mere differences in
  judgment
• Does not acknowledge private codes as sources
  of public policy
• Courts attempt to balance the interests of the
  public and those of the employer

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DECISIONS

• In engineering, as well as other activities,
  there is a distinction between the types of
  decisions to be made.
• proper engineering decision (PED)
• proper management decision (PMD)

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PROPER ENGINEERING DECISION

• A decision that should be made by engineers or
  governed by engineering principles
• involves technical matters requiring
  engineering expertise
• falls within the ethical standards embodied
  in the engineering codes

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PROPER MANAGEMENT DECISION

• A decision that should be made by managers or
  governed by management considerations
• involves factors relating to the well- being
  of the organization
• does not force engineers to make unacceptable
  compromises with their technical practices or
  ethical standards

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WHISTLE-BLOWING

• The act by an employee of informing higher
  management or the public of unethical or illegal
  behavior of an employer or supervisor.
• - internal whistle-blowing
• - external whistle-blowing
• - anonymous/acknowledged

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STATUTORY LAW

• Whistle-blower laws provide some protection for
  those who, with cause, choose to report
  violations of law by an employer
• - Michigan (1981) and Texas
• In some areas, the public policy exception is
  implemented by statutory law.
• - New Jersey

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WHISTLE-BLOWING

• From point of view of the corporation
  whistle-blowing is undesirable
• leads to distrust
• leads to disharmony
• leads to inability to work together
• can lead to threats of violence

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WHISTLE-BLOWING

• How do you know when you should blow the whistle?
• when you may blow the whistle (morally
  permissible)
• when you should blow the whistle (morally
  obligatory)

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WHISTLE-BLOWING

• Morally permissible when
• need a clear and important harm that can
  be avoided
• proximity must be in a clear position to
  report the problem
• capability must have a reasonable chance
  of success
• last resort no one else more capable or
  more proximate

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WHISTLE-BLOWING

• Morally obligated when
• the four permissible conditions are met
• there is great imminent danger to someone if
  the activity continues
• But, a great deal of introspection and reflection
  is required before taking this action.

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PREVENTING WHISTLE-BLOWING

• Employers point of view
• should minimize the need for whistle-blowing
• harmful to public image of the corporation
• negatively affects the future prospects of
  the corporation

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PREVENTING WHISTLE-BLOWING

• Typical corporate approach
• fire whistle-blowers
• intimidate others likely to blow the whistle
  (chilling effect)
• approach is ineffective and ethically
  unacceptable
• in some cases, this approach is illegal

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PREVENTING WHISTLE-BLOWING

• Enlightened corporation
• strong corporate ethics culture
• clear lines of communications within the
  corporation
• meaningful access to high-level managers in
  the corporation
• willingness of management to admit mistakes,
  publicly if necessary

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SUMMARY

• The engineer-manager relationship is at the
  center of most issues that engineers face as
  employed professionals.
• Employers have used several methods to improve
  communication with employees and provide avenues
  within the organization through which employees
  can register their concerns.