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Ariana R. Levinson

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. The Problem. Advancing technology Employee misuse Employer monitoring Bargaining over rules/for solutions. Statistics.

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Ariana R. Levinson

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  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

  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.) (15) • Tremco Inc., 124 Lab. Arb. Rep. (BNA) 229 (2007) (Lalka, Arb.) (44) • PPG Indus. Inc., 113 Lab. Arb. Rep. (BNA) 833, 840 (1999) (Dichter, Arb.) (35) • Montgomery Gen. Hosp., 122 Lab. Arb. Rep. (BNA) 949 (2006) (Coyne, Arb.) (29) • 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 e-mail • 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. ExcessiveUse Millcreek Township, 128 LA 221 (Franckiewicz, Arb. Aug. 30, 2010)

  9. Disrespectful Communications David Foley’s animated examples

  10. Disrespectful Communications First Transit, 128 LA 138 (Hockenberrry, Arb. June 28, 2010) “We will fight back at First Transit to put everything on the internet so people can read we are having problem with First Transit at BWI Airport . . .”

  11. Technology Off-Duty • Competition • Lude Behavior • Workplace Relationships • Public Criticism • Reputation

  12. Technology Off-Duty Baker Hughes, 128 LA 37 (Baroni, Arb. April 9, 2010)

  13. Carpe Diem: Privacy Protection in Employment Act, 43 Akron L. Rev. 331 (2010)

  14. Employer Monitoring • On-duty actions • On-duty communications • Off-duty behavior

  15. Off-Duty Behavior Cincinnati Bell Telephone Co., 127 LA 1451 (Fullmer, Arb. June 22, 2010)

  16. OtherIssues • Overtime Pay and Off-Duty Availability • Personal Devices

  17. Personal Devices • Prohibition • Excessive Use • Policy Violation • Wayne County, 127 LA 874 (Daniel, Arb. March 26, 2010) • Sara Lee Foods, 128 LA 129 (Pratte, Arb. Sept. 13, 2010)

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