Moral Rights in the WorkplaceChapter SixJerry Estenson

FrameworkWork is important and a highly valued human activity because it is necessary to acquire other central human goods.Work and moral rights are connected because opportunities to work can be jeopardized by the actions of others.

Rights in the work placeRemember rights cannot be bought, sold, or forcibly taken awayLegalDerived from legislation and judicial rulingsContractualNegotiated in good faith or a result of a policy or procedureRespect owed human beings. This is the domain of moral rights in the workplaceFreedomEqualityAutonomy

The rights equationGreater the rights = Greater the obligation

Right to work First definition is based on employee requirement to join a unionThis is done to eliminate free rider (those who enjoy the benefit without contributing)Collective bargaining view as way to balance power in the workplace

Right to work - MacroBasis for Catholic Church and UN declaration of work as a human rightMeans to an endExpression of a meaningful human life

Who should provide jobs?Private Industry and the free marketGovernmentSafety Net

Private IndustryWho should they be required to hire?How long should they be required to employ?At what rate should workers be paid?What about property rights of employers?

GovernmentEmployer of Last ResortGovernment employment drains from the public

Safety NetUnemployment InsuranceTax Incentives to hire folks on welfare

Rights in the WorkplaceEmployment at willTrade off for the elimination of slavery and indentured servitudeEmployee free to quit employer free to fire for:Good cause, for no cause, or even for cause morally wrong.

Changes in the At Will DoctrineNever applied to government workersCivil rights protectionsUnion activity protectionsOSHA whistle blowingWhistle blowingEmployee handbooks as implied contractsPractices such as payment of bonuses as handled in the past

Termination of employmentMagna Carta doctrine limit the authority of the KingDue process requiredSeen as inefficientJust cause requiredAll an attempt to balance power in the workplace. Employees cannot be bought and sold.

Participatory Decision MakingWho has authorityAuthority is given with consent of those governedMcCall Employees should be treated as autonomous decision makers free of coercive interference by others. Human dignity is tied to the ability of humans to guide their own life and activities.

Benefits of ParticipationReduces possibility of alienenatationReduces burnoutWorkers may not have specific expertise but do have other valuable knowledgeMay appear inefficient but creates a high degree of buy in and quick execution

Health and SafetyWho determines the degree of risk a worker should take?The individualExpertsSenior ManagersGovernmentWho has perfect knowledge?Who is thinking beyond first generation solutions to a problem?

Privacy in the workplaceRight to be left alone within a personal zone of solitudeRight to control information about oneselfImportant because it establishes boundaries Workplace violationsInfringes on personal decisions that are irrelevant to work contractPersonal information that is irrelevant to work contract that is collected, stored or used without consentPolygraphs, drug tests, surveillance, background checks, psychological tests

Break Down our options in the Discussion CaseRight involvedActors involvedInterest of the actorsEthical recommendation

What rights are in jeopardyUrine TestCommission paymentAbortion discussionHIVEmailPsychological testExposure to hazardous material

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