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| AUDIO
CONFERENCE Employee
Loyalty vs. Employee Rights |
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MODERATORS - |
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 | Anne
Gregory
Union
Counsel UFCW, Local 832 |
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| Noella
Martin
Employer
Counsel Merrick Holm |
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THE EXPERTS - |
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| Tim
Gleason
Union Counsel Sack Goldblatt Mitchell |
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| Erin
Kuzz
Employer Counsel Sherrard Kuzz |
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| THE
ISSUES: | Some
of the questions addressed: - What
is the nature of the employee's duty of loyalty to his/her employer?
Does
the duty of loyalty oblige an employee to disclose any moonlighting or freelancing
activities? Can an employer prohibit moonlighting? If such a policy is imposed
on incumbent employees, does it change the fundamental conditions of employment?
- How
can employees who represent the union reconcile their adversarial relationship
with the duty of loyalty? What limitations on that loyalty is the employer required
to accept?
- When
do an employee's outside employment/business activities constitute a conflict
of interest? What restrictions can the employer impose? What disciplinary actions?
- Does
public criticism of the actions or policies of an employer constitute a breach
of the duty of loyalty? When is whistleblowing justified? When is it insubordination?
Where do arbitrators draw the line between the duty of loyalty and the public
interest?
- What
protections exist for whistleblowers? What statutory protections are already in
place? Are the existing protections adequate?
- Are
public service employees held to a higher standard of loyalty? In what circumstances
will the public interest in disclosure prevail? What would be the impact of the
proposed federal Public Servants Disclosure Protection Act?
- In
what circumstances is the failure to report misconduct by other employees a breach
of the duty of loyalty? What is the appropriate disciplinary action? Should the
penalty be equal to that imposed on the employee engaged in the misconduct in
question? Can it be greater?
- What
is the difference between a "non-solicitation" agreement and a "non-competition"
agreement? In what circumstances have courts upheld or rejected a non-competition
or non-solicitation agreement? What should be put in/left out of a non-competition/non-solicitation
agreement to ensure that it can be enforced?
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