Proper surveillance techniques serve the goals of industrial due process. Although monitoring employee activities away from the workplace is sometimes criticized as violative of employees’ privacy, Smith contends that such…

Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as…

The author describes the pernicious effects of performance monitoring on employees: its intrusiveness, the lack of notice afforded employees of its use and how the data gathered will be used,…

The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume…

A discussion of employee searches, including private vs. public employer searches; searches conducted by law-enforcement representatives; searches of workers entering or leaving employer premises; and searches conducted on general employment…

The author notes a lack of legislation and common law for new forms of employee surveillance and monitoring, and proposes criteria for their use.

The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public…

Privacy in the workplace – drug testing, employee surveillance, searches, screening, physical exams, polygraphs, etc. – in Belgium, Israel and France are examined in this panel discussion….

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…