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In an effort to craft recommendations to managers regarding effective confidential information policies, the present paper reviewed 88 published grievance arbitration cases involving proprietary information, trade secrets, and confidential information. Most cases dealt with the application of managerial discipline for employee violations of company polices and collective-bargaining provisions. Themes that emerged included: the importance of a Management Rights clause (as well as specific Misconduct clauses and policies), clauses that address changing business conditions (such as subcontracting and new technology), employee insubordination, theft, falsification, conflict of interest, and the need for training. Additionally, arbitrators often considered specific laws that apply in health care, cable television, and telecommunications industries. Finally, several mitigating factors were noted such as: having permission from a supervisor to access confidential information, safety, and whistleblowing concerns. By attending to factors that influence arbitrator decision making, managers and their attorneys can use these identified factors to create better policies and negotiate robust collective bargaining provisions.

Num Pages: 43-57 Place: Riverwoods, United States Publisher: CCH Incorporated: Health & Human Resources