1. RESPONSIBILITIES OF ENGINEERS AS EMPLOYEES
John W. Poston, Sr.
Department of Nuclear Engineering
Texas A&M University

2. 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

3. Engineers as Employees
It is estimated that >90% of engineers are “employees”
Engineers are employed in:
* government agencies
* large and small corporations
* defense industries
* universities, research facilities
* engineering consultants

4. 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?

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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?

11. 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!!

12. 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

13. 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.”

14. 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.”

15. 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

16. 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”

17. 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.”

18. 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

19. 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

20. 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)

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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)

27. 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

28. 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.

29. PREVENTING WHISTLE-BLOWING
Employer’s 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

30. 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

31. 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

32. 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.”