For example, the NLRB decided in the 1997 case Colgate-Palmolive Co. that the installation of hidden cameras is a mandatory subject of bargaining. (An employee had found a camera hidden in an air vent in a men's restroom.) That decision was reinforced in 2003 by a federal appeals court in National Steel Corp. v. NLRB. (The company had placed a hidden camera in a manager's office to catch the person who was making long-distance phone calls at night.)
More recently, in July the U.S. Court of Appeals for the District of Columbia Circuit upheld a 2004 NLRB decision in a case involving Anheuser-Busch. In 1998, the king of beers had installed hidden cameras in work and break areas in one of its St. Louis facilities. Sixteen employees were later disciplined (five were fired) after being caught on tape taking lengthy breaks, sleeping, smoking pot and urinating on a rooftop.
The court supported the NLRB, which had previously ruled that Anheuser-Busch was at fault for not giving notice to the union before installing the cameras (although the NLRB had also ruled that the workers were not entitled to back pay or reinstatement). The court sent the case back to the NLRB to determine whether the workers were entitled to any remedies.
CSOs should also be mindful that any introduction of surveillance into the workplace could be cause for a union grievance, according to the Labor Research Association. A report titled "Employer Snooping: What Rights Do Workers Really Have?" says "When a company seeks to introduce video surveillance, monitor e-mail, conduct random searches or other workplace surveillance policies, it is attempting to change working conditions, according to the NLRB. As a result, the terms of these policies are considered a mandatory subject' of collective bargaining and must be negotiated with the workers' union." It goes on to cite some examples of what a employer and union might negotiate, including allowing workers to defend themselves against accusations and agreeing that nonwork areas remain camera-free.
As technology progresses, bringing with it the ability to monitor the workplace more cheaply and easily than ever before, there's a concomitant increase in the chance that things can get messy. Taking the time to understand all the issuesto manage your surveillance riskswill ensure that your surveillance posture is no slouch.