September 14, 2000
Supervisory Resource Document
Respectful Work Environment
Spruance has a long-standing policy and practice regarding a respectful work environment.
A respectful work environment has been and continues to be a core value just as Safety and Ethics are.
Procedures like D-1 (Decals and Insignias) and H-4 (Harassment Policy) have been in place for
many years to support Management in setting expectations and standards, and in holding employees accountable for maintaining
a respectful work environment.
Each of us should already be aware that when in the workplace, employees are expected to behave
in a way that ensures all employees are treated with dignity and respect. This is a standard set by the leadership at
this Site.
As our work force has become more diverse, it is even more of a business imperative to ensure
we are doing the right things to eliminate the distraction that disrespectful, intimidating, or hostile behavior may cause.
Certainly our awareness, our understanding, and our expectation have evolved through our history as a Plant site, just as
it has within our society/culture.
Over the years we have had to address employee behavior
that is deemed by Management as inappropriate, disrespectful, or disruptive to others. These incidents have been anything
from displaying disrespectful signs, pictures and T-shirts, to using inappropriate language in the workplace. Unfortunately,
we continue to see/observe inappropriate behavior in the workplace today. While it is impossible to establish specific
guidelines for everything, it is appropriate to clarify expectations when it becomes clear that the organization needs specific
guidance around a particular issue.
One such symbol or insignia that continues to create controversy and concern in
our workplace and in society in general is the Confederate flag. The Confederate flag has different meanings to individuals;
and for many, it represents a symbol of disrespect and hostility. The impact this symbol can create in our workplace
must be eliminated; thus we want to clarify that the Confederate flag is considered offensive and disruptive in the workplace
and should not be displayed on Plant property.
The purpose of this communication is to eliminate any question or reservation regarding
the appropriateness of the display of the Confederate flag. Management must understand that displaying the Confederate
flag on Plant property is prohibited and a violation of our standards for a respectful work environment.
Attached are Questions/Answers to help you in your understanding of this communication and your
efforts to address other employee concerns/comments.
Q1. We haven't made a big deal of the flag in the past. Why are we doing it now?
A1. Through the years the flag has come up as a concern and a point of controversy.
It is apparent that the only way to ensure we eliminate the disruption it can create is to clarify for everyone that it is
unacceptable to display the flag on Plant property.
Q2. Will you communicate other symbols that are unacceptable on the site?
A2. Employees should not expect a complete list or specific guidelines on what is acceptable.
Our current policy and procedures allow us to address each situation as needed.
It has been our experience that typically employees recognize what is unacceptable in the workplace.
It does not require a list to know this. However, we will continue to use our long-standing practice of investigating
and addressing any concern of offensive or disrespectful symbols or behavior. Ultimately, Management must determine
what is acceptable in our workplace.
In the event another offensive symbol or behavior is identified as continously creating a distraction
and controversy in the workplace, we should certainly consider taking similar action.
Q3. Why is DuPont taking this position when other companies as well as society is struggling
to run this issue to ground?
A3. As we have in safety, DuPont is committed to being a leader in providing a work environment
where every employee can contribute without the distractions of a hostile work environment.
Q4. Why are the African Americans getting everything they ask for and when
will it stop?
A4. This is not an African American request. It is Management's responsibility
to determine how to achieve a workplace free of distractions and disrespectful behavior. Leadership must set the standard
and hold employees accountable to the standard.
Q5. Is it my job to confront everyone i see who is wearing or displaying the flag?
A5. Yes. As a member of Management, it is expected that you should uphold the standards
associated with maintaining a respectful work environment.
Q6. What are the pay implications and developmental guidelines?
A6. Employees can be subject to developmental action up to and including discharge for
inappropriate behavior and/or actions in the workplace.
Q7. Does this standard also apply to literature, emblems, brochures, and
other items that someone can acquire from one of Confederate Museums in the metropolitan area?
A7. Yes. Employees should understand that any display of the Confederate
flag is unacceptable. Remember, the prohibiting of the flag is about eliminating the distraction and disruption it can
create in our workplace.
Q8. Does the standard also apply to the parking lot?
A8. Yes.
Q9. Will the parking lot be monitored?
A9. It is not our intent to audit the parking lot every day. However,
all employees should expect that if the Confederate flag is displayed on their vehicle, we would advise the employee that
it is unacceptable and should not be displayed in the future.
Q10. If a car is found to have the decal visible, will that employee be required
to move his/her car off Company property?
A10. The employee will be contacted by his/her Manager and be informed that
the emblem is not permitted on site, including the parking lot.
Q11. Are there any other Confederate symbols or insignias that
this ban applies to (e.g. Confederate Sons of America, shirts, or items with the likeness of Confederate generals)?
A11. At this time, this communication is limited to the Confederate flag.
Q12. Is this a new policy?
A12. No. It is a clarification of our D-1 and H-4 policies.
Q13. How can you tell me I cannot display the flag? I have rights such
as free speech.
A13. While on Company property, it is Management's responsibility to determine
what is appropriate.
Q14. Is Management saying that it does not value American history?
The Civil War and the Confederate flag are a major part of our history and heritage.
A14. No. The prohibiting of the display of the Confederate flag at
the Plant is not about devaluing American history or heritage. It is about eliminating a recurring distraction in the
workplace and a symbol that is known to be offensive and disrespectful to others.
Q15. Will you communicate this to all employees?
A15. There are no plans to issue a special employee communication addressing the Confederate
flag. Our intent is to discuss this clarification with the Unions and issue a "Message From Mike" on expectations for
a respectful work environment. This "Message From Mike" will include a statement on the Confederate flag.
Q16. Does this mean that if I complain about something, Management will ban it from Plant
property?
A16. No. Management is responsible for determining what is appropriate and inappropriate
on Plant property.
Q17. What if an employee continues to challenge us by wearing the flag?
A17. There are procedures to assist us in dealing with those who do not follow
instructions or violate workplace standards (eg. Union representation, Developmental Procedure, Discharge Reasons, etc.).
Q18. Will this be documented anywhere?
A18. Procedures like H-4 and D-1 already address expectations around insignias, decals,
etc. D-1 is in need of some updating and if appropriate, something could be noted in the procedure.
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DUPONT MANAGEMENT MEETING REGARDING CONFEDERATE FLAG
Attending were:
Union: Irvin, Pearce, Fischer, Palmore, Lau, Green, and Dent
Management: Derr and Edmonds
Site Administration Manual (SAM) ? H-4 - Harassment
The Union gave Management a copy of a document titled, "ARWI Counterproposal", dated 9/21/00.
The Union said it took Management's proposal and edited it. The Union said its changes
were on Page 2 of its document in "bold" print. The Union said this bold section represented its views of how employees
should understand diversity and how one should be tolerant of others' cultural differences. The
Union said it has a question about the training Management provides to employees. The Union said it thought the training
was to help employees' education and awareness so we could be more tolerant of each other's cultural heritage.
Management said the Union shared that concern previously. Management said
leadership has clarified any confusion a Manager may have about the Confederate flag being displayed on site. Management
said it recognizes the flag continues to be a distraction, and thus it is inappropriate for the workplace.
The Union said employees everywhere are confused now what the standards are, so if the employees
have questions about what they are, the Union will direct them to Management.
The Union said it believes the Company is creating issues with its standards.
The Union said it is not just a Company issue; it is an issue in society.
Management said it understands the Union's concerns; it respects employees' values and is not
demanding employees change their personal values. However, it continues to have the responsibility and authority to
set workplace standards regarding a respectful work environment. Management said it spects employees to adhere to our
standards and policy for a respectful work environment.
Management said the training does help to educate and raise awareness on diversity
issues.
The Union said if that is the case, then why is Management saying one group can
share their cultural heritage and another cannot. The Union said Management is determining what culture has more value
versus another. The Union said one employee can celebrate his/her African heritage, but another cannot celebrate his/her
southern heritage. The Union said it thought Management wanted employees to be more tolerant to cultural diversity,
so why can't employees display their southern heritage with the flag?
Management said it is not about determining value for a culture or issue. Management
said it is about eliminating distractions or disrespectful behavior (eg. symbols) in the workplace. Management said
it is not telling employees what is better or not valued, but it is determining what is acceptable in the workplace.
The Union said, "So Management is ready to deal with the calls and issues from
employees who say what about my culture?" The Union said from discussions and the policy, it will tell employees that
Plant Management is making the value judgment and decision, not the Union.
Management said the Union is correct on what it is saying with the exception that it is not about
judging one's heritage from a value perspective. Management said it is about Management determining what is acceptable
and not acceptable on Company property. Management said it has the responsibility to set the standards for our workplace,
and it is prepared to deal with employee questions/issues.
The Union said it has a hard time explaining to its membership about what is right
or wrong without having a list to show them. The Union sees Management across the site being inconsistent in saying
what is right or wrong for what employees should wear or say across the site. The Union said it wants it to go on record
that Management is the one who is going to ban certain clothing and interpret what is acceptable or not.
Management said it will set the standards for the workplace on DuPont property. Management
said what an employee does in one's home, church, or outside environment in this arena is his/her choice. Management
said it is not about saying it is valued or not; it is about setting our standards in the workplace. Management said
it is Company property; and just as you may determine what is acceptable in your private home, Management must determine what
is acceptable on Plant property.
The Union believes Management only goes about picking and choosing which cultural
heritage is acceptable. The Union said it is very familiar with cultural issues and understands history.
The Union said the Confederate flag is someone's cultural heritage. The Union asked why Management would not honor it.
Management said the Confederate battle flag is a symbol that can represent pain, disrespect,
and even hate to many individuals. Management said it believes the flag creates a distraction in our workplace; therefore,
it should not be displayed. Management said it is not trying to dishonor someone's heritage; it simply is saying the
employee should not bring the flag into the workplace.
The Union asked if the Company is going to stop employees from having it on their
vehicles.
Management said if it comes to our attention, the employee will be asked to remove
the sticker, cover the sticker, or not drive that vehicle on Company property. Management said the Union knows we have
had to deal with such situations in the past.
The Union said the Company is changing its standards.
Management said expectations one has of a respectful work environment here have evolved just
like in society. Management said years ago we had separate lunchrooms and probably tolerated things like pin-ups of
women, etc. Management said it knows that women and minorities tolerated behavior in the past that in today's society
is absolutely unacceptable.
The Union said if society says it's
OK, why shouldn't DuPont?
Management said DuPont often exceeds what society and laws define.
Management said the Company has a long history of exceeding standards and expectations in safety, ethics and people treatment.
Management said it is those standards that have helped us sustain our 200-year history.
The Union said Management is inconsistent in its approach about the flag.
The Union said it knows some areas find it unacceptable, and others will likely do nothing.
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AMPTHILL RAYON WORKERS, INC.
5772 Hopkins Road
Richmond, Virginia 23234
(804) 275-8074 (Office)
(804) 275-2284 (FAX)
(804) 383-4477 (Plantsite)
FORMAL GRIEVANCE
Grievance #8-P-00
Violation: Disparate treatment of Jimmy Jones/ Violation SAM D-1 and H-4
Area Director: Johnson
Presentation Date: August 29, 2000
Management Responsible: Robertson/Shearer/Poffenberger
Brief Description of Incident: On July 28, 2000, Jimmy Jones was wearing a shirt with a
Confederate flag on it. He was subsequently given an off the job contact and told that he could not wear anything with
a Confederate flag on it. He was also told that he could not have anything that had the flag on it on plant property.
Points Brought Out in the Investigation:
#1 SAM D-1 does not prohibit the Confederate flag on the plant. In fact, the
intent of the policy is to prohibit items that are "obscene, disruptive, or inflammatory". Jimmy's shirt was not.
#2 The policy further states that "judgement is required to interpret what is disruptive
or inflammatory. This judgement could depend on existing conditions within an area". There
were no complaints from any of Jimmy's co-workers. Therefore, the shirt could not have been disruptive or inflammatory.
#3 SAM H-4 states "an employee's personal safety, dignity, and
ability to perform assigned work without distraction or interference is of prime concern". Management has not given
any consideration to Jimmy's dignity. Jimmy is very dedicated to preserving history. Displaying the Confederate
flag to Jimmy is all about heritage and nothing to do with hate. Jimmy's wardrobe has never been a distraction or an
impediment to his co-workers. Management stated that "all employees are treated with dignity and respect", but what
about Jimmy?
#4 The Confederate flag is not a symbol of "disrespect and hostility". Individuals
can associate disrespect and hostility to almost any object or person. As our plant manager said, "the Confederate flag
has been tried and tested in court." Therefore, in itself the flag should not be deemed offensive.
#5 Management has not bargained any changes to the SAM policies.
It is inappropriate to hold Jimmy to a different standard than the rest of the plant.
Resolution sought: #1 Allow the display of the Confederate flag.
