Jon’s Code of Business Conduct Interpretive Foundation Part 1.4

The Code Section To Be Interpreted:

Code 1.4 – If The Company expects to require an extra commitment of work (such as overtime work), then The Company will pay a prearranged monetary compensation for that extra work.

This portion of the code is intended to restore some of the flexibility which could be removed by section 1.3.  The intent is to require The Company to delineate overtime or extra work functions in the employment specification so that The Company can never manuever itself into a position where it is taking more from employees than it is paying for.

Examples of Misconduct Under This Code Section:

  1. Employee A is Employee B’s supervisor.  Employee B’s employment specification does not include any provisions for working more than 8 hours a day and 40 hours per week.  Employee A orders Employee B to work overtime to help meet a production deadline.  Employee B has other plans for the time and protests so Employee A says that they will “put in a good word” for Employee B if they stay and work.  In this case Employee A is effectively ordering Employee B to perform a personal favor in exchange for a personal favor.  Employee A is guilty of misconduct under code section 1.4.
  2. Employee A is Employee B’s supervisor.  Employee A is going on vacation for a few weeks.  Employee B has demonstrated exceptional proficiency in the work which they perform and in directing others to do the work.  Employee A orders Employee B to perform Employee A’s supervisory fuctions while Employee A is on vacation.  Employee B’s employment specification does not include any provisions to recompense Employee B for the supervisory work.  Employee A is guilty of misconduct under code section 1.4.
  3. Employee A is Employee B’s supervisor.  Employee A has a disagreement with Employee B and during the public argument, Employee B makes a rational point which makes Employee A feel like a fool.  Employee A decides to punish Employee B by ordering Employee B to clean the toilets with a toothbrush.  Employee B’s employment specification does not include any provisions to recompense Employee B for cleaning toilets with a toothbrush.  Employee A is guilty of misconduct under code section 1.4.

Examples That Are Not Misconduct Under This Code Section:

  1. Employee A is Employee B’s supervisor. Employee B’s employment specification does not include any provisions for working more than 8 hours a day and 40 hours per week.  Employee A needs additional man hours to meet a production deadline.  Employee A writes up an addendum to Employee B’s employment specification with an offer to pay an increased wage overtime work and presents it to Employee B for quick consideration. Employee B has other plans for the time this week, but decides that the additional money is more important and accepts the addendum.  There is no misconduct.
  2. Employee A is Employee B’s supervisor. Employee A is going on vacation for a few weeks. Employee B has demonstrated exceptional proficiency in the work which they perform and in directing others to do the work. Employee A writes up an addendum to Employee B’s employment specification to perform Employee A’s supervisory fuctions while Employee A is on vacation for a certain pay rate and offers the addendum to Employee B. Employee B decides not to accept the addendum for personal reasons. There is no misconduct.
  3. Employee A is Employee B’s supervisor. Employee A has a disagreement with Employee B and during a public argument, Employee B makes a rational point which impresses Employee A.  Employee A reconsiders their position on the matter.  There is no misconduct.

Other Noteworthy Example:

  1. Employee A is Employee B’s supervisor.  Employee B thinks that they have been overlooked for advancement and wants to demonstrate some leadership ability.  Employee B tells other employees to start coming to Employee B instead of Employee A when they need leadership.  Some of the employees start to follow Employee B’s lead.  Employee A discovers the actions of Employee B and orders Employee B to stop and return to performing the work as specified in their employment specification.  Employee B complains that Employee A is guilty of misconduct under code section 1.4 for not paying Employee B for the work that no one had ordered.  Employee B is guilty of misconduct under code section 3.4 for deceiving coworkers into thinking that Employee B has leadership responsibilities.  The other employees should be reminded that any changes in leadership will be communicated to them by the higher leadership.

2017-05-13

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