Posted by Dave Nerz on Apr 22, 2021

The minutes will show that the membership has altered the Bylaws to reflect a new expectation regarding any non-employees (1099 arrangements in the US) you may have in your firm. Here is why…

Over recent years we have found some non-employees to be using email and phone contact details associated with non-member firms or business. Besides being confusing for other members, it creates great risk for NPAworldwide affiliates expecting the full protection of working with an NPAworldwide member. So we want these providers being identified as an extension of an NPA member firm, not going with NONMEMBERFIRMNAME.COM and a phone that gets answered as NONMEMBERFIRMNAME. This is not OK and needs to be corrected by any member that has service providers doing this. LinkedIn should also indicate that they are working on contract with your NPAworldwide member firm. Otherwise they are seen as independent operators by members, candidates and clients.  
 
These providers are only authorized to use NPAworldwide tools and services in support of your assignments. They cannot use member candidates for other non-NPA searches. Good business would expect you to have an NDA or other signed document requiring confidentiality of your NPAworldwide data and your fellow members' data. Data security is a big deal as it is the currency of recruitment. Do not be sloppy, carefree or naïve about the risk you expose other members to when you are not properly controlling an independent resource to support your business.  
 
Do not let service providers represent your NPAworldwide business when negotiating or completing other critical steps in the split process. You need to step in as the owner or have a manager-employee engaged in this critical work. Thanks for taking your actions in the network seriously!
 
Here is the changed Bylaw (additions shown in bold red)
 
Article 3. Membership, Section E. Non-employee Service Providers

NPA Members may contract with non-employee individuals or entities ("Providers") for purposes of providing services that may include, but are not limited to, recruiting, placement, research, and data entry in support of the Member’s regular business activity.

1. Requirements. A Provider serving a Member as a contractor, a consultant, a telecommuter or in any other capacity, shall adhere strictly to the following requirements:

a. While engaged in NPA activities, Providers shall only function under the business name of the Member for which they are providing services. Specifically, the Provider must use an email address associated with the Member and must show a connection to the Member firm on LinkedIn or other sites that candidates and clients might use.

b. Providers may not market or utilize any of NPA’s products or services, or promote access to NPA’s products or services to any individual or entity outside of NPA, including, but not limited to, use within or for Provider's own business when not specifically operating for a Member.

2. Nondisclosure. A Member engaging the services of a Provider remains fully responsible for all information proprietary to NPA or to its Members. The Member must have a signed non-disclosure agreement in effect with each Provider.

3. Owner/Manager Engagement. When submitting candidates, negotiating, or executing other critical steps in the placement process, the owner/manager of the Member firm must be actively engaged in the process.