Question

Walt, age 62, worked as an assembler for a private manufacturer and is a member of a bargaining unit represented by the International Brotherhood of Teamsters (IBT). He has served as a shop steward for many years. Due to an increasing number of missing parts in its assembly area, the company installed hidden security cameras in that area, as well as the employee locker rooms, to identify the source of the loss. Employees are permitted to place their own locks on their lockers to safeguard their personal belongings during work. In order to avoid tipping off employees, the company did not notify employees or the IBT of the installation of the cameras. After it appeared from video recorded by a camera in the men’s locker room camera that Walt may have placed some parts in his locker, the company cut his personal lock off the locker and found parts like those that had been missing. Although Walt had maintained a clean disciplinary record for over twenty years, he was immediately terminated for theft. The collective bargaining agreement (CBA) between the company and the IBT makes no reference to the installation of security cameras in the workplace nor to the company’s ability to search employee lockers. The CBA does require that all terminations be based upon just cause, which is not defined. However, progressive discipline is specifically required before any termination may be imposed.

If the IBT filed a grievance on Walt’s behalf pursuant to the terms of the collective bargaining agreement challenging his termination, what would be the likely basis for the grievance? What issues should the IBT raise and WHY?

Answer 1

As collective bargaining agreement (CBA) between the company and the IBT does not include any provision of installing the camera to surveillance the activities of the manpower and at the same time, the organization is not authorized to check the lockers of the employee’s without their consent thus these can be the main basis of the grievance on Walt’s behalf.

If the organization is looking to install any kind of surveillance equipment, it must be informed to all the employees as this will be the breach of employee privacy. At the same time, no one is authorized to break in the lockers of the employee without informing them or in their absence.

As the company is also adhering to the progressive discipline method in which if an employee is found guilty fo any unauthorized activities or indiscipline, then the management issues a warning and counsel the employee for the improved performance. But in the case of Walt, despite having the clean working record for many years, no progressive discipline actions were taken and he was fired immediately

All the above-stated elements can be used against the management.