Synopsis By: Lurie - Proceeding Author: Terry A. Bethel, Mathew Finkin, Paul F. Gerhart, Mark Thompson

Hypothetical examples are discussed. (1) A waitress is discharged for rudeness but, in the arbitration, the employer does not present the customer complainants, who want to remain anonymous. (2) A trucking company covertly tapes employees in restrooms, and it is challenged as an invasion of privacy. The company responds that the CBA contains extensive provisions regarding the use of videotape evidence, but no prohibition against videotapingin employee discipline. The ninth circuit ruled that the Union could not waive the personal right of privacy of individual emplloyees below a floor of minimum protection. (3) An employee in a youth counseling organization accessed his off-site personal email account through the employer’s computer system. The account was password protected. Can information in the email account serve as a basis for discipline? (4) Discipline for using the employer’s internet service to view pornography.