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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.

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Presentation on theme: "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."— Presentation transcript:

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 employer monitoring 77.7% computer files and 13.7% computer files 14.9% 43% Internet connections 66% Blogosphere12% GPS vehicle tracking 8% Social networking sites 10%

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 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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