PURPOSE: The names, addresses, units/departments, telephone numbers, email addresses, and other contact information or individual identifying information about the members and fee payers of the Minnesota Nurses Association in the possession or control of the Association shall be treated as confidential, proprietary, and/or trade secret information (“Member and Fee Payer Information”). Member and Fee Payer Information includes both individual information and compilations of information such as membership lists. The unauthorized use or disclosure of Member and Fee Payer Information undermines the Association’s strategic and financial objectives, including its efforts to implement its policies
and priorities and develop successful internal organizing efforts, external organizing campaigns, and actions in support of contract negotiations. In addition, unauthorized use or disclosure of Member and Fee Payer Information infringes on the privacy interests of members and fee payers. Accordingly, Member and Fee Payer Information shall only be used and disclosed for purposes approved by the Association. This Policy describes the conditions and procedures that must be fulfilled in order for any Member and Fee Payer Information to be used or disclosed. All Association members and personnel who have access to Member and Fee Payer Information as defined in Section I of this Policy shall sign an acknowledgment and agreement to be bound by this Policy in the form included in Exhibit A attached hereto. Violation of this Policy may lead to discipline and other consequences as described below.
POLICY:
I. CATEGORIES OF PERSONNEL AND SCOPE OF ACCESS
A. Officers, directors, managers, staff, and other Association employees shall have access to use any and all Member and Fee Payer Information to perform their functions and duties on behalf of the Association.
B. Unit Chairs shall have access to use any and all Member and Fee Payer Information from members and fee payers in their bargaining unit to perform their representational functions and duties on behalf of the Association.
C. Stewards shall have access to use Member and Fee Payer Information from members and fee payers in their bargaining unit on a case-by-case basis as needed to handle grievances and perform other duties and functions of a steward on behalf of the Association.
D. Other Member Leaders and Member Volunteers (including negotiating committee
members, contract action teams, strike captains, volunteers who reach out to fee payers, and similar member leaders and volunteers) shall have access to use Member and Fee Payer Information only as specifically approved in advance by MNA officers, directors, managers, or staff for purposes of performing designated functions on behalf of the Association.
II. LIMITS ON USE AND DISCLOSURE OF MEMBER AND FEE PAYER INFORMATION
A. Association Purposes Only. Member and Fee Payer Information shall only be used or disclosed for Association-approved purposes and shall only be used by, or disclosed to, those with a need to use Member and Fee Payer Information for Association-approved purposes. Approved purposes include, but are not limited to, representation of members and fee payers, contract enforcement, internal organizing and membership development, collective bargaining, external organizing, and implementation of other policies and priorities as defined by the Association’s Board of Directors and Executive Director.
B. Compliance with Law and Association Policy. Member and Fee Payer Information may be used or disclosed as necessary to comply with applicable law and with the Association’s Bylaws, policies, and procedures, including election policies and procedures. Such disclosures shall be considered to be Association-approved purposes.
C. Limits on Disclosure to Outside Vendors. The Association prohibits disclosure of Member and Fee Payer Information to any outside vendor except when necessary for the vendor to conduct Association business including, but not limited to, an internal election, assisting with internal organizing efforts, legal representation, or collective bargaining. In the event the Association discloses Member and Fee Payer Information to an outside vendor for approved purposes, it shall secure the agreement of the outside vendor to protect the confidentiality of the Member and Fee Payer Information and to destroy it or return it after its business with the Association is concluded.
D. Limits on Commercial Purposes. The Association strictly forbids the use or disclosure of Member and Fee Payer Information for any commercial purpose that is not approved in advance by the Association, including for purposes of sales or marketing of goods or services to MNA members and fee payers or the public.
E. No Use Against the Association. The Association strictly prohibits the use of Member and Fee Payer Information for any purpose contrary to the Association’s interests, including for opposing the Association’s goals or policies, assisting an employer or a competing labor organization against the Association, attempting to decertify the Association, or otherwise interfering with the Association’s operations or interests.
F. Requests for Contact Information. Requests for individual member and fee payer contact information including, but not limited to, telephone numbers, mailing addresses, and email addresses, may only be approved by the Executive Director or designee and will only be provided in compliance with this and other Association Policies, including the Board of Directors policy, “Campaign Policies for MNA Elections.” The Association shall obtain a signed agreement from the requesting party stating that the Member and Fee Payer Information will only be used for the approved purpose. Such agreement shall be in the form of Exhibit B attached hereto.
G. Member-to-Member Requests. If a member or fee payer requests the contact information of another member or fee payer, staff are directed to inform the requester that staff is willing to contact the member or fee payer whose number was requested and pass along the request and the requester’s contact information.
H. Use of Email. When communicating via email to members and fee payers, the blind copy function must be used to minimize the risk of disclosing Member and Fee Payer Information. Using this method “hides” the e-mail addresses of members and fee payers so they are not available for a use for which they were not intended. If hard copies are distributed, the email addresses or other contact information of members and fee payers shall be redacted to the extent practicable.
I. Unit-Level Data. Member and Fee Payer Information collected and used to perform union duties by bargaining unit-level MNA member leaders – such as unit chairs, stewards, or negotiating committee members – shall be subject to this Policy. This includes, but is not limited to, contact information of members and fee payers collectedand stored in connection with a personal account or list serve set up for union-related communications by a unit-level MNA member leader. A unit-level MNA member leader shall promptly and regularly provide all such Member and Fee Payer Information collected at the unit level to the MNA office and shall provide updated Member and Fee Payer Information to the MNA office at the same time as making any updates at the unit level. Lists of contact information, list serves, or communication networks compiled or set up by rank-and-file members or fee payers for purposes other than MNA business are not covered by this Policy.
J. Social Media. This Policy does not apply to information that members or fee payers voluntarily disclose on social media such as Twitter, Facebook, Instagram, Snapchat, or websites (other than MNA’s own secure web pages). Information posted on social media may be accessible to a broad audience, and members and fee payers are responsible for their own use of social media.
K. Cease and Desist Notice. If the Association finds any use or disclosure of Member and Fee Payer Information to be in violation of this Policy, the Association will provide notice to cease and desist to the person making such improper use or disclosure. Such person must immediately return or destroy the Member and Fee Payer Information, whichever is directed by the Association, and take such other appropriate remedial steps as directed by the Association.
L. Steps to Protect Confidentiality. The Association shall use reasonable efforts to store its Member and Fee Payer Information in a manner that protects confidentiality; for example, by using password-protected technology with limited user access.
M. Return or Destruction of Data upon Completion of Duties or Departure, As Directed by the Association. Once a person no longer occupies a position with the Association that provides a right of access to Member and Fee Payer Information as described in this Policy, or no longer has a need to use specific Member and FeePayer Information as described in this Policy, such person shall return any and all such Member and Fee Payer Information in his or her possession to the MNA office or destroy it, whichever the Association directs the person to do. The person shall not destroy any such Member and Fee Payer Information unless and until specifically instructed to do so by the Association. Upon request of the Association, the person shall provide any and all Member and Fee Payer Information in his or her possession to his or her successor in the MNA position from which the person is departing.
III. CONSEQUENCES OF VIOLATIONS
Any Association officer, director, or member who violates this Policy may be subject to internal Association discipline pursuant to the MNA Bylaws and applicable policies and procedures, including fines, suspension, or expulsion.
Any MNA manager, staff member, or employee who knowingly violates this policy may be subject to employment discipline, up to and including termination.
If, after receipt of a cease and desist notice, a person subject to this Policy refuses to comply immediately with the cease and desist notice in any respect, including return or destruction of the Member and Fee Payer Information (whichever is directed by the Association), the Association shall have the right to pursue a civil action against such person and obtain any remedies available at law, including monetary damages and temporary and preliminary injunctive relief. It is understood that failure to abide by a cease and desist notice will cause irreparable harm to the interests of the Association, giving rise to the need for injunctive relief. If the Association prevails in such civil action, the person who refuses to comply with the cease and desist notice shall be required to pay the Association’s reasonable attorney’s fees and costs in bringing the action.
Adopted by the MNA Board of Directors, July 29, 1999
Revised by the MNA Board of Directors, August 30, 2000
Revised by the MNA Board of Directors, March 8, 2001
Revised by the MNA Board of Directors, July 12, 2001
Adopted by the MNA Board of Directors, July 10, 2003
Reviewed by the MNA Board of Directors, 2005
Adopted by the MNA Board of Directors, December 10, 2013
Adopted by the MNA Board of Directors, July 22, 2015
Adopted by the MNA Board of Directors, February 15, 2017