| THE
ISSUES: | Some
of the questions addressed: - How
do arbitrators balance the right of employers to protect their workplace against
theft and vandalism and the employees' expectations of privacy?
- What
kinds of searches or surveillance are permitted? (Use of video cameras? Palm scanners?
Personal searches? Searches of clothes, lockers or vehicles?) What limits will
arbitrators impose on the scope of personal searches?
- Do
security guards have additional enforcement powers?
- Can
an employer require new job applicants to undergo police background checks? Can
employers reject an applicant, or dismiss an incumbent employee, if a police check
reveals a criminal record?
- Can
employers monitor employees' internet and e-mail usage? What constitutes internet/e-mail
abuse, and when does it warrant discipline? What provisions should be included
in a valid and effective internet/e-mail policy?
- What
are valid/invalid methods of monitoring employees at work? Does it make a difference
whether the monitoring is designed for the purposes of productivity or discipline?
- When
can employers subject employees to surveillance outside the workplace? What kinds
of surveillance can be conducted? Does it make a difference if surveillance is
overt or surreptitious? Or whether it takes place on private or public property?
- What
impact does privacy legislation have on monitoring and surveillance inside and
outside the workplace?
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