Your BA should know about the laws concerning this........
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Technological advances, such as video cameras, GPS vehicle monitoring systems, and even drug testing have provided employers with superior tools for investigating and gathering evidence of employee misconduct in the workplace. Various federal and state laws, however, limit the extent to which employers may use such technology.
In particular, the National Labor Relations Act limits the rights of unionized employers to investigate employee misconduct. For example, in a recent case involving Anheuser-Busch, the Company suspected employee misconduct in an elevator motor room and on the roof of its facility. Anheuser-Busch installed hidden video cameras without notifying the union representing its employees. When the cameras revealed that employees were smoking marijuana, urinating in the facility, and away from work at working times, the company discharged five employees and suspended another eleven.
Defending its members, the union requested information about the use of the cameras and the company’s investigation, but Anheuser-Busch refused. The union complained to the National Labor Relations Board which found that Anheuser-Busch violated the law by refusing to provide the requested information and by failing to bargain with the union about the installation of the hidden cameras. The company appealed, but the U.S. Court of Appeals for the District of Columbia affirmed the Board’s findings.
Although the Anheuser-Busch case is new, the law behind it isn’t. In 1997, the Board addressed this same issue in a case involving Colgate-Palmolive and reached a similar conclusion. In that case, the Board reasoned that “the use of surveillance cameras is not entrepreneurial in character, is not fundamental to the basic direction of the enterprise, [both of which would have allowed the company to implement the policy without bargaining] and impinges directly on employment security.” The Board concluded that the installation of hidden surveillance cameras in the workplace is a mandatory subject of bargaining and that an employer cannot unilaterally install them without bargaining with the union.
NLRA Unionized Workplace Investigation Fisher Phillips Employment Attorneys Labor Lawyers
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A federal appeals court has reinstated two lawsuits alleging a national trucking company illegally spied on its employees in the bathroom at its Mira Loma terminal.
The 10-1 decision by the U.S. 9th U.S. Circuit Court of Appeals reverses an earlier decision by a three-judge panel of the same circuit that had ruled in April 2000 that employees of Consolidated Freightways could not sue for invasion of privacy. The original lawsuits were filed four years ago.
The court sent the lawsuits back to Riverside County Superior Court for trial.
Attorney Matthew Taylor, who filed suit on behalf of 273 employees, said the decision confirmed what he had been arguing all along.
"This (bathroom spying) is criminal activity and it can't be part of the collective bargaining agreement," Taylor said. "I'm glad someone finally agreed with me."
Mike Brown, a spokesman for Consolidated Freightways, said he had not had a chance to review the decision.
Court re-instates workers' lawsuit over surveillance
the old TM had an issue with me leaving the yard too late and accused me of stealing time. i told him to go ahead and prove it. he continued on talking sh*t and i told him "why don't you just check the tape" ? of course he did not answer me so i said to him "you can't check anything cause them cameras aint working". i told him to save his breath and spare me the b.s. and this was the look he gave me 
:poster_oops: :shock: :tongue1:
So we had the meeting and it was put on the bi state agenda and now thanks to the local, he's back at work. They also got a switcher back that had been out for several weeks!! I love it when a plan comes together!!! DS.