Workers at a factory one day noticed a crew of outside electricians doing a lot of work in the plant. They were installing an extraordinary amount of new electric exit signs and refurbishing old ones. At first no one thought anything about it, but then someone noticed that instead of regular electric cable running into the signs there was 3/4 inch coaxial cables. The second shift conducted an examination of the new signs and to their surprise they found that each exit sign not only had lights inside them but also had miniature video cameras that were set to watch the workers!

At another workplace the office and clerical workers were notified by management that they were not to conduct personal business on company time. Most workers treated this as just as another one of those stupid notices that bosses post from time to time. A few weeks later several workers were called into the office and given written warnings for conducting personal business on company time. The bosses evidence was email letters that had been taken from the workers personal inter-office email accounts! Since the letters were of a personal nature and didn't have anything to do work the boss accused the workers of "stealing time."
A GROWING TREND
This is all part of a growing trend in America of employers spying on workers. While most bosses say this is just part of an effort to stop "theft" or to prevent "drug usage," it is in most cases just another way to put pressure on workers to produce more, it is part of speed-up.

In 1990 according to one survey about 8 million workers were subject to some form of electronic surveillance by their employers. In 1996 the number had risen to 20 million workers, and this is just based upon the employers who admit to spying on their workers. In a 1993 survey of large corporations 22 percent admitted they spied on their workers with some form of electronic surveillance and never told the workers they were being monitored.
IS SPYING GRIEVABLE?
The basic answer is yes. The basic union approach must be that any time the employer wants to make a change in our working conditions (and using surveillance on workers can not be considered a "minor change") then we can grieve the changes and demand the employer bargain over them. The section of the contract to quote is usually the Recognition Clause.

If we ever suspect that the boss is using surveillance cameras, or reading email, confront them with the accusation. If they admit doing it, immediately file a grievance. Have everybody sign it to let the boss know they don't like being spied on.

Remember, this is a two step process. First, the grievance is filed over a change in working condition being made without bargaining with the union. The remedy must be stated, usually it will be that the employer stop the surveillance immediately. Second, a separate letter is given to the employer demanding they enter into negotiations with the union over their intent to spy on the members.

IS THERE LEGAL PROTECTION?
As in most cases concerning the rights of workers, the laws are not so good or don't exist. We have to depend on our strength as a union to back up the grievance procedure. When the boss is caught spying on us it is easy to make up stickers and buttons with catchy slogans.

The NLRB has ruled on some issues of spying or privacy. In a 1997 ruling concerning Colgate-Palmolive Co. The NLRB ruled that the company's installation and use of hidden surveillance cameras was subject to mandatory bargaining with the union. The NLRB has previously ruled that making current employees take drug tests (except if they are covered under Federal law) is also a mandatory subject of bargaining. The same applies to the use of lie detector tests. The NLRB has not ruled on employers listening in on employees phone calls or reading their email, thus we must fight these cases solely based upon our contracts and membership strength.
WHAT DO THE BOSSES THINK?
The consulting companies that advise employers on their "rights" make the following points:

The Bill of Rights of the US Constitution doesn't apply to workers and bosses, it only applies to the government and citizens. They do caution employers against unreasonably searching employees belongings.

They advise employers to tell workers up front that they will be spied on using every conceivable means. This supposedly makes being spied on a "normal condition of employment" so that when a workers finds the video camera in the bathroom they can't complain.

Remember, just because bosses can get away with some things in non-union workplace, doesn't mean they can do the same in workplaces with unions.

With the UNION we have rights.

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