I got a message from a friend of mine, seems that someone in the Western PA conference has filed a grievance regarding the driver facing camera issue. If it’s clearly stated in the contract the company hasn’t this right (not arguing for it, I think inward facing cameras are a gross overreach into privacy) why would they file on it? Seems like a waste of time.
As a.....Western Pennsylvanian......I can state that many of us have been talking about this ...issue for a while. Being retired,..means I can no longer file grievances,...no matter how hard I try.
There is an issue,..like I stated at the beginning of this thread,...that the NLRB states that you can't impose...."new conditions of employment".....on existing employees.......without having the right to negotiate those "new conditions".....and all the parameters regarding their use.
The company has the...."right".....to install any new equipment on their property. But,....it is HOW the equipment can affect any employee's job,...(..discipline..).....that can be negotiated....
Hell,....If the company wants,....it can cover every linehaul tractor with shag carpet,..ala' "Dumb and Dumber"..........Inherently stupid,....but if you have a...carpet allergy, you have a legal and contractual issue......
This, however,......is going to point out the......very large,.....difference between "employment-at-will",....and having a contract.
"Employment-at-Will"...........means non-Union (non-contractual..)...companies...CAN impose ANY sort of "condition".....and as an "at-will" employee,...you must accept,....or quit......
There is also the issue of the Fourth Amendment. If....the cameras,....and YOUR IMAGE can be used in a court of law,..to YOUR disadvantage.....you are "not secure in your person, property, and papers".
And,....how about..."self-incrimination"? That would be the Fifth Amendment.......You'd be....involuntarily "testifying" against yourself.....
All of that,...would hinge on an employee.....implying that he is "O.K."....with camera surveillance. Silence,...would imply that very thing,...and I think many company legal departments are......holding their collective breath,....and seeing how many contractual drivers will mutter under their breath, shrug their shoulders,....and work with a camera facing them....
"Consent Given..."
I would,.....in my Infinite Legal Wisdom,.......highly recommend every driver sign a Petition stating that the company does NOT have your permission to "View, Use, Sell, or in any way, Benefit"....your Personal image(picture/video)...
Give it to the Company,......and the Union.....That way it is on file with BOTH entities........
There may be a Large Legal issue in the future, regarding unwanted surveillance..........Be Proactive........Protect your Legal Rights.....
....(...Ahh...."Employment-At-Will"....employees already gave away their Rights....).........(..That's a Shame, my fellow Americans..)....