Willamette Law Review
Privacy, employee monitoring, Collective Bargaining Agreements
This paper discusses ambiguities related to laws in employee privacy and posits that this is problematic for both employers and employees. The article discusses how private employers have almost no restrictions when it comes to employee monitoring, especially when there is an announced (albeit vague) policy. The article then suggests that unions have at least some negotiating power in terms of setting standards for when an employee may be disciplined and thus, labor unions have at least a modicum of power in negotiating clear rules regarding employee monitoring. The paper further suggests that clear policies aren't a bad thing, and that if clear policies are adopted in collective bargaining agreements, those policies might find their way into the private sector.
Karin Mika, Privacy in the Workplace: Are Collective Bargaining Agreements a Place to Start Formulating More Uniform Standards?, 49 Willamette Law Review 251 (2012).