Avionics News January 2012 - 63

Employees tend to read the employee handbook at two times:
when they are brand-new and want to know what the job is all about, and when they have a specific question they think ought to be covered by the handbook.

clause explaining the policies are subject to expansion or limitation at the discretion of management. In larger companies, I generally do not do this, because it becomes more difficult in larger companies to exercise discretion without jeopardizing the company’s legal position regarding claims of discrimination. Training Expectations The employee handbook can be a place to explain the training expectations for employees. For employees required to be part of the repair station’s Part 145 training program, this should be a reference to the repair station training manual that is required under section 145.163. This group will include all employees that perform maintenance (including inspection), preventive maintenance or alteration. To streamline regulatory compliance, employees who are not required to be part of the repair station’s regulated training program should be subject to training requirements found in the employee handbook. This allows the business to modify the training programs for those employees without seeking FAA approval for the

change. It also allows the repair station to keep the required training manual focused on the subjects necessary to meet the regulatory requirement, while permitting additional (non-regulatory) training topics to be addressed in the employee handbook. Examples of non-required training the repair station might find useful for employees include training on software, such as word processing, accounting or spreadsheet packages. A company that develops new repairs for review and approval by designated engineering representatives might include training on computer-aided design or engineering methods. Confidentiality Many avionics shops have their own trade secrets, and they handle confidential information belonging to others. It is not unusual to see avionics shops sign component maintenance manual licensing agreements that require the CMM be held as a confidential document which is not shared with the public. The confidentiality provisions should explain the type of documents considered confidential, and they should identify them broadly by category. The more specific

the list of confidential documents is, the more likely it is to omit important documents. The provision also should explain the employees’ confidentiality obligations. The employee handbook should explain that the company’s confidentiality policy binds the employees, and a breach may be subject to employment sanction. The forms section of the handbook may include an employee confidentiality agreement. Such agreements should be signed at the time the employee is hired as a condition of employment and should hold the employee liable for the incidental costs and expenses associated with a breach of confidentiality. The confidentiality agreement also may include a specific non-disclosure agreement which prevents the disclosure of sensitive business information, such as customer lists and other important data. In some cases, the agreement may include a post-termination noncompete clause, but the enforceability of these clauses varies by state. You should work with an attorney to develop this form.
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january

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Avionics News January 2012

Table of Contents for the Digital Edition of Avionics News January 2012