NSPE Board of Ethical Review

Report on a Case by the Board of Ethical Review Case No. 61-5 Sub ect! Co"petition for En#ineerin# E"ploy"ent Canon +,-Canons of Ethics. Canon +/-Canons of Ethics! $acts! Engineer 0"0 has applied for an engineering position' has 1een interviewed and has 1een advised 1y the prospective e&ployer that his application is 1eing favora1ly considered! 2owever' he has not 1een e&ployed and no co&&it&ent has 1een &ade to hi&! Engineer 0B0 learns of the opening and' 3nowing that Engineer !0"0 is %nder favora1le consideration' applies to the e&ployer for the sa&e position! 4n presenting his $%alifications' Engineer 0B0 does not refer to Engineer 0"0 in any way! Engineer 0"0 learns of Engineer 0B5s0 action and alleges that he acted %nethically in applying for the position 3nowing that he (Engineer 0"0 was %nder favora1le consideration! %uestion! )id Engineer 0B0 act %nethically in applying for a position 3nowing that another engineer was 1eing favora1ly considered for the sa&e position at that ti&e6 References! Canons of Ethics-Canon +,- 02e will not directly or indirectly in7%re the professional rep%tation' prospects or practice of another engineer! 2owever' if he considers that an engineer is g%ilty of %nethical' illegal or %nfair practice' he will present the infor&ation to the proper a%thority for action!0 Canon +/-02e will not try to s%pplant another engineer in a partic%lar e&ploy&ent after 1eco&ing aware that definite steps have 1een ta3en toward the other5s e&ploy&ent!0 &iscussion! Canon +,' read in its entirety' clearly relates to sit%ations which &ay involve ethical or legal aspects of another engineer5s 1ac3gro%nd and cond%ct' and therefore the reference to avoiding in7%ry to the 0prospects0 of another engineer is &eant only in the ethical or legal sense! 8nder the facts of this case' there are no ethical or legal i&plications insofar as the past cond%ct of Engineer 0"0 is concerned! Canon +/ wo%ld appear at first 1l%sh to restrict Engineer 0B0 in his action and &a3e his cond%ct %nethical! 9e do not 1elieve its real &eaning' however' goes so far as to prevent open and fair co&petition for an engineering position! 4n saying that an engineer sho%ld not atte&pt to 0s%pplant0 another engineer in partic%lar e&ploy&ent' 3nowing that 0definite steps0 have 1een ta3en toward the other5s e&ploy&ent' we 1elieve the Canon refers to two partic%lar ele&ents which wo%ld &a3e s%ch action %nethical: ;irst' 1y 0s%pplant0 the Canon &eans a deli1erate and conscio%s effort to 1ring a1o%t the

Copyright 1961 National Society of Professional Engineer (NSPE www!nspe!org ! "ll rights reserved! #o re$%est per&ission to reprod%ce this NSPE Board of Ethical Review Case' please contact the NSPE (egal )epart&ent (legal*nspe!org !

NSPE Board of Ethical Review

re7ection of the other applicant for the position 1y direct or indirect steps to &a3e the e&ployer 1elieve that the engineer %nder consideration is not s%ita1le or $%alified! Second' the reference to 0definite steps0 having 1een ta3en toward the e&ploy&ent of the co&peting engineer &eans that the engineer has' in fact' 1een hired e<cept for the final technical steps which &ay 1e considered necessary 1y the e&ployer' s%ch as sec%rity clearance' chec3ing on references' or the drawing %p of an e&ploy&ent contract' if one is involved! 4t wo%ld have 1een %nethical for Engineer 0B0 to deli1erately see3 to in7%re the prospects of Engineer 0"0 if the latter had 1een act%ally e&ployed' e<cept for the ad&inistrative steps &entioned a1ove! 4n the facts as stated' however' Engineer 0B0 only so%ght to avail hi&self of an opport%nity on his own &erits and witho%t i&proper pre7%dice as to the rights of Engineer 0"0! Conclusion! Engineer 0B0 did not act %nethically in applying for a position %nder the circ%&stances stated! Board of Ethical Review (! R! )8R=EE' P! E! P24( #! E((4>##' P! E! "! C! =4R=9>>)' P! E! ?"R@4N C! N4C2>(S' P! E! EAR" =! N4C2>(S>N' P! E! P4ERCE B! E((4S' P! E!' Chair&an Note: ?e&1er 9! S! Nelson did not participate in the consideration or decision of this opinion!

Copyright 1961 National Society of Professional Engineer (NSPE www!nspe!org ! "ll rights reserved! #o re$%est per&ission to reprod%ce this NSPE Board of Ethical Review Case' please contact the NSPE (egal )epart&ent (legal*nspe!org !