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Navigating Workplace Challenges in the Era of New Technologies

This article explores the complex issues arising in the workplace from advancing technologies and employee behavior. It examines how arbitrators are addressing these challenges, such as employee misuse of employer monitoring tools and the balancing act between privacy rights and workplace regulations. With insights into relevant legal frameworks and case studies, it highlights the need for clear policies on technology use, employee monitoring, and the implications of personal use of employer devices.

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Navigating Workplace Challenges in the Era of New Technologies

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  1. What Hath the Twenty First Century Wrought? Issues in the Workplace Arising from New Technologies and How Arbitrators Are Dealing with Them Ariana R. Levinson

  2. The Problem Advancing technology Employee misuse Employer monitoring Bargaining over rules/for solutions

  3. Statistics

  4. Limits of the Law • International • Common Law • Federal Statutes • State Statutes

  5. UTR

  6. Potentially Helpful Cases • Clatsop Co., 126 Lab. Arb. Rep. (BNA) 620 (2009) (Reeves, Arb.) (4) • Tremco Inc., 124 Lab. Arb. Rep. (BNA) 229 (2007) (Lalka, Arb.) (27) • PPG Indus. Inc., 113 Lab. Arb. Rep. (BNA) 833, 840 (1999) (Dichter, Arb.) (20) • Montgomery Gen. Hosp., 122 Lab. Arb. Rep. (BNA) 949 (2006) (Coyne, Arb.) (15) • Employee used cell phone for personal use and alleged to have paid for call causing overage • employee used personal phone while operating forklift • employee asserted privacy right under ECPA against employer monitoring e-mail • admitting grainy black and white photos and relying on in combination with management’s credible testimony

  7. Workplace Technology • Personal Use of Employer Devices • Limiting Use to Breaktime • Excessive Use • Unlawful Use • Sexually or Racially Offensive • Proprietary Information • Disrespectful Communications

  8. Technology Off-Duty • Competition • Lewd Behavior • Public Criticism • Reputation

  9. Employer Monitoring • On-duty actions • On-duty communications • Off-duty behavior

  10. Other Issues • Overtime Pay and Off-duty Availability • Telecommuting • Prohibiting personal devices • Data Security

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