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woodennose

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We just started using the new ELD. When you are logged in, at the top of the screen it has your name and a safety status. If you touch that it brings you to a screen that has a bunch of other drivers names with their scores. It’s like they are using other drivers against you. Trying to shame you into doing better.
My opinion is that this shouldn’t be allowed. I was wondering if anybody knows if the union could do anything about this.
 
woodennose said:
We just started using the new ELD. When you are logged in, at the top of the screen it has your name and a safety status. If you touch that it brings you to a screen that has a bunch of other drivers names with their scores. It’s like they are using other drivers against you. Trying to shame you into doing better.
My opinion is that this shouldn’t be allowed. I was wondering if anybody knows if the union could do anything about this.
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Does it use the driver full name? If it does it’s totally understandable. Call your BA. They should be able to tell u the answer in seconds
 
You have no reasonable expectation of privacy in the companies property.. It sucks but be realistic.. You are not in your home or private area.
 
iam4us said:
You have no reasonable expectation of privacy in the companies property.. It sucks but be realistic.. You are not in your home or private area.
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You seem to be the strongest voice lobbying for the incursion of privacy Rights afforded by the constitution and the fourth amendment. And it’s well and good that you believe that yourself but trying to drag other people into that negativity is unnecessary. It may turn out that you’re right but that hasn’t been decided yet. You may be a proponent of this invasive technology there also is an opposing view point .
 
iam4us said:
You have no reasonable expectation of privacy in the companies property.. It sucks but be realistic.. You are not in your home or private area.
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The company isn’t allowed to tell other drivers about discipline or anything about me and what happens to other drivers! That is a fact. I have won a grievance on that very issue. Your company record is for management and government officials only.
 
iam4us said:
You have no reasonable expectation of privacy in the companies property.. It sucks but be realistic.. You are not in your home or private area.
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You are wrong in that opinion. Federal law already protects voicemail from being "opened" by companies....Federal wiretapping laws means that those cameras on the dash ...CAN NOT record sound under any circumstance.....no matter who owns the truck....

There are many legal opinions concerning a reasonable "Right to Privacy".....Many Collective Bargaining Agreements spell out boundaries for companies,....that are upheld by force of NLRB law.

And then there's the Fourth Amendment........Just because you are in a piece of equipment your employer owns,....doesn't mean your Constitutional Rights don't apply there......(...how about a coal barge going down a river? Awful big piece of company property....No Constitutional Rights there?..)

Unless you work under Employment-at-Will,.....and you have "given" your consent to work under any and all conditions imposed by your employer.....
...your "consent" usually "given"...by punching in......

I think you should do a little "google" research.....Five minutes ought to give you several court cases concerning employees and privacy......
 
canaryinthemine said:
You are wrong in that opinion. Federal law already protects voicemail from being "opened" by companies....Federal wiretapping laws means that those cameras on the dash ...CAN NOT record sound under any circumstance.....no matter who owns the truck....

There are many legal opinions concerning a reasonable "Right to Privacy".....Many Collective Bargaining Agreements spell out boundaries for companies,....that are upheld by force of NLRB law.

And then there's the Fourth Amendment........Just because you are in a piece of equipment your employer owns,....doesn't mean your Constitutional Rights don't apply there......(...how about a coal barge going down a river? Awful big piece of company property....No Constitutional Rights there?..)

Unless you work under Employment-at-Will,.....and you have "given" your consent to work under any and all conditions imposed by your employer.....
...your "consent" usually "given"...by punching in......

I think you should do a little "google" research.....Five minutes ought to give you several court cases concerning employees and privacy......
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Brother, I seem to recall several lawsuits where different companies have been ordered by the courts to produce employee emails and different communications like voicemails. This case was produced by a simple Google search
DHILLON SINGH, et al., Plaintiffs,
v.
HANCOCK NATURAL RESOURCES GROUP, INC., et al., Defendants.
Case No. 1:15-cv-01435 LJO JLT.

United States District Court, E.D. California.

December 29, 2016.
 
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Homesick said:
Brother, I seem to recall several lawsuits where different companies have been ordered by the courts to produce employee emails and different communications like voicemails. This case was produced by a simple Google search
DHILLON SINGH, et al., Plaintiffs,
v.
HANCOCK NATURAL RESOURCES GROUP, INC., et al., Defendants.
Case No. 1:15-cv-01435 LJO JLT.

United States District Court, E.D. California.

December 29, 2016.
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Exactly my point.......Voicemails were regarded as proprietary as far as the company went.....Nothing could be done until they went to court....

And you will find just as many court cases where judges ruled that circumstances were different and the companies claim to e-mails and voicemails on company time and equipment.......were the property of the person who generated them.....

We are....rapidly moving into new territory as far as electronic surveillance goes......and you are seeing courts throughout the world struggling with peoples rights vs. corporate profitability in selling information gathered......

Just about every computer site uses “cookies” to tailor-make ads to sell you crap they think YOU.....personally......want. One example of information gathering......

(...Look at my Avatar.....Shouldn't that poor old coalminer be getting a residual payment?,.....Someone captured his image,...and I use it for free....)(.....I would pay him for use of his image if I knew who he was....)(...How many other guys use images of people....for FREE?....When yours gets captured by your employer, and gets "sold" on an open market,...will we see you , in an "unguarded moment"....as someone's avatar,..or punchline for a joke?)

And....Surely you don't think that...."corporate ethics"...(..greatest oxymoron in the English language..)..will prevent companies from....making a PROFIT over information they gather?......

I'm sure that....given the fast pace of increasing intrusive technology,...you would like to protect your own image from being "gathered" by your employer,........with NO oversight of how that image may be used....for company profit,....because THEY own the equipment by which it was...."gathered"....

Not Paranoid.......but Proactive......
 
canaryinthemine said:
Exactly my point.......Voicemails were regarded as proprietary as far as the company went.....Nothing could be done until they went to court....

And you will find just as many court cases where judges ruled that circumstances were different and the companies claim to e-mails and voicemails on company time and equipment.......were the property of the person who generated them.....

We are....rapidly moving into new territory as far as electronic surveillance goes......and you are seeing courts throughout the world struggling with peoples rights vs. corporate profitability in selling information gathered......

Just about every computer site uses “cookies” to tailor-make ads to sell you crap they think YOU.....personally......want. One example of information gathering......

(...Look at my Avatar.....Shouldn't that poor old coalminer be getting a residual payment?,.....Someone captured his image,...and I use it for free....)(.....I would pay him for use of his image if I knew who he was....)(...How many other guys use images of people....for FREE?....When yours gets captured by your employer, and gets "sold" on an open market,...will we see you , in an "unguarded moment"....as someone's avatar,..or punchline for a joke?)

And....Surely you don't think that...."corporate ethics"...(..greatest oxymoron in the English language..)..will prevent companies from....making a PROFIT over information they gather?......

I'm sure that....given the fast pace of increasing intrusive technology,...you would like to protect your own image from being "gathered" by your employer,........with NO oversight of how that image may be used....for company profit,....because THEY own the equipment by which it was...."gathered"....

Not Paranoid.......but Proactive......
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Canary, if I remember my high school class on civil rights, or constitutional rights, or police rights, or some class like that, anything in the public view was free game. Iamforus is correct on his statement about public view doctrine. You have no expectation of privacy in public areas because you voluntarily went into the public area. If you don't want your image reproduced, then stay out of public areas.

The image of the miner you are using is yours free of charge if the individual was in public. He chose to give it away. If I'm in a truck, driving on a public highway, how do I have any more expectation of privacy than the landscape? Should a tourist have to stop admiring the beauty around them because you or I are standing in public? If it can be seen from a public area, then it is voluntary given to the public, according to the schools I attended.
 
woodennose said:
We just started using the new ELD. When you are logged in, at the top of the screen it has your name and a safety status. If you touch that it brings you to a screen that has a bunch of other drivers names with their scores. It’s like they are using other drivers against you. Trying to shame you into doing better.
My opinion is that this shouldn’t be allowed. I was wondering if anybody knows if the union could do anything about this.
Click to expand...
Good Lord. Just when you think you’ve seen it all, something like this shows up. Trying to ‘divide and conquer’ it would seem. Put the drivers against each other. You didn’t mention if the names shown on the screen were drivers from your terminal, or just randomly picked from ALL terminals. The former could be an issue (if we let it, that is), as I’m sure most of us are pretty good friends with each other, and socialize on occasion outside of work.
 
Trucker 206 said:
Good Lord. Just when you think you’ve seen it all, something like this shows up. Trying to ‘divide and conquer’ it would seem. Put the drivers against each other. You didn’t mention if the names shown on the screen were drivers from your terminal, or just randomly picked from ALL terminals. The former could be an issue (if we let it, that is), as I’m sure most of us are pretty good friends with each other, and socialize on occasion outside of work.
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I have never seen those names before. I asked my dispatcher about it and voiced my disapproval about it and he said it was only the top 10 drivers. I’m guessing it’s through out the company. I also noticed that it gives you a ranking #. Now we can be know to upper management as the 400th or 2050th best driver in the company. That is Wrong!
 
woodennose said:
I have never seen those names before. I asked my dispatcher about it and voiced my disapproval about it and he said it was only the top 10 drivers. I’m guessing it’s through out the company. I also noticed that it gives you a ranking #. Now we can be know to upper management as the 400th or 2050th best driver in the company. That is Wrong!
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When I checked it last week I was #1825.
 
Homesick said:
Canary, if I remember my high school class on civil rights, or constitutional rights, or police rights, or some class like that, anything in the public view was free game. Iamforus is correct on his statement about public view doctrine. You have no expectation of privacy in public areas because you voluntarily went into the public area. If you don't want your image reproduced, then stay out of public areas.

The image of the miner you are using is yours free of charge if the individual was in public. He chose to give it away. If I'm in a truck, driving on a public highway, how do I have any more expectation of privacy than the landscape? Should a tourist have to stop admiring the beauty around them because you or I are standing in public? If it can be seen from a public area, then it is voluntary given to the public, according to the schools I attended.
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Has far has audio recordings, from what I’ve been able to find, a company can record you in a public area with no expectation of privacy such has the dock, break room, office, etc. But if I’m in the cab of my truck by myself with the doors closed and the windows up, I have every right to an expectation of privacy. Also here in Florida, both parties have to agree to be recorded. The reason I bring this up is that I have a Bluetooth Stereo that plays my phone calls through my speakers in my slip seat box. I have no head piece. So, if the company is recording me they are also recording the person on the other end of the phone. I’m no lawyer but I believe this would be a direct violation of wiretapping laws. Any thoughts?
 
When YRC installed forward facing cameras, each tractor in the passenger window has a very,very small decal stating video and or audio recording is in progress
 
hilo342 said:
When YRC installed forward facing cameras, each tractor in the passenger window has a very,very small decal stating video and or audio recording is in progress
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I’m thinking a small sticker in the window wouldn’t supersede Federal or State Laws, but then again like I said before, I’m no lawyer. I’m sure our Truckingboard lawyers will be along soon enough though....
 
nightowl said:
I’m thinking a small sticker in the window wouldn’t supersede Federal or State Laws, but then again like I said before, I’m no lawyer. I’m sure our Truckingboard lawyers will be along soon enough though....
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When you’re a billion dollar company you have access to the finest lawyers available. Precedent has been set with XPO and SAIA in LTL. Most food service companies have had driver facing cameras for years. These companies know what they are doing and stay within the letter of the law. DriveCam has audio and video and it isn’t illegal. It would have been stopped if it was. These corporate lawyers know what they are doing. That’s why they get paid the big bucks. Truck drivers aren’t lawyers and get paid accordingly.
 
nightowl said:
Has far has audio recordings, from what I’ve been able to find, a company can record you in a public area with no expectation of privacy such has the dock, break room, office, etc. But if I’m in the cab of my truck by myself with the doors closed and the windows up, I have every right to an expectation of privacy. Also here in Florida, both parties have to agree to be recorded. The reason I bring this up is that I have a Bluetooth Stereo that plays my phone calls through my speakers in my slip seat box. I have no head piece. So, if the company is recording me they are also recording the person on the other end of the phone. I’m no lawyer but I believe this would be a direct violation of wiretapping laws. Any thoughts?
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I’m no ‘Perry Mason’ either, but my belief is NOBODY should be audio-recorded EVER without their permission. I’m not sure, but I believe laws on this differ from state to state.
 
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