A panel discussion of employer monitoring of employee computer use, including Internet access. Six scenarios deal with Facebook postings, blogging about workplace conditions, confidential patient identities, unauthorized viewing of another’s smartphone photos, the effect of online postings on promotion, monitoring keystrokes, and accessing computer and cell phone records to discover employee activities unrelated to employment.
The panelists agree that an arbitrator can facilitate pre-hearing matters, such as the production of documents, definition of the issues, and exploring settlement. However, they also agree that the arbitrator should be circumspect, given his/her lack of knowledge of the case, and should conduct any such efforts openly, and with attention given to due process.
Arbitrators and advocates in both the United States and Canada face similar issues, but the outcomes are often different due to differing values, customs, contracts, and statutory authority. Through a series of vignettes, the panel will illustrate differences in areas such as random drug testing, off-duty conduct, work/family conflicts, and hybrid discipline cases.