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Privacy Issue and the use of personal cellphones while on duty
03-25-2010
09 :03 ESTBrothers and Sisters,
A while ago, Canadian Pacific instituted a policy that employees must shut off personal communication devices while on duty. Now, to go hand in hand with that policy, they have announced an intention to expand it.
CP has notified me that they believe their employees must relinquish copies of their personal cellphone documentation whenever a supervisor/manager requests it. They even go so far as to say that if you refuse to give them your personal and private information, then the company "...can only draw a negative inference."
This is labour relations jargon with reference to assessing discipline.
Though they claim this policy is for safety reasons, we have to disagree. Gathering private information after an incident/accident, can only be for the issuance of discipline or some other labour investigative reason. How can snooping around in your personal papers prevent an accident/incident that has already happened?
Safety is of the utmost importance and it should never be put behind profits and neither should it ever be used as an excuse for simply aiding discipline investigations, at the cost of your basic rights. Safety, your safety, is much more important than that and to treat it as a 'catch-all' justification for anything other than actual, valid safety concerns is both insulting and detrimental.
I have attached the company's letter of their intentions (dated March 24, 2010), my immediate response and their e-mail reply stating that they are going ahead with it anyway.
They have also made it clear that they will not be informing the Union whenever they demand our members' private documentation, even though we requested this. This can only be seen as an attempt to avoid us challenging them on it and defending your rights under law.
As you can see, we are aware of the issue and so is our legal department. But we need you to let us know if and when the company requests your personal cellphone documentation. Even though we believe that you will have had your cellphone turned off (as the company requires), we need you to let us know anytime the company requests any of your personal documents. We see the demanding of these personal documents as nothing short of an invasion of your privacy and as such, it is unacceptable.
Though we may challenge this policy simply on principle alone (I will leave that decision up to the lawyers), we will still want to be made aware of every instance where and when your right to privacy is being violated.
Forewarned is forearmed and your right to privacy is protected under law. It is protected for good reason. CP may be your employer but their desire for control over you and your personal life cannot be allowed to ever exceed your right to privacy.
Stay safe, stay strong, stay united,
Bill Brehl
President
A while ago, Canadian Pacific instituted a policy that employees must shut off personal communication devices while on duty. Now, to go hand in hand with that policy, they have announced an intention to expand it.
CP has notified me that they believe their employees must relinquish copies of their personal cellphone documentation whenever a supervisor/manager requests it. They even go so far as to say that if you refuse to give them your personal and private information, then the company "...can only draw a negative inference."
This is labour relations jargon with reference to assessing discipline.
Though they claim this policy is for safety reasons, we have to disagree. Gathering private information after an incident/accident, can only be for the issuance of discipline or some other labour investigative reason. How can snooping around in your personal papers prevent an accident/incident that has already happened?
Safety is of the utmost importance and it should never be put behind profits and neither should it ever be used as an excuse for simply aiding discipline investigations, at the cost of your basic rights. Safety, your safety, is much more important than that and to treat it as a 'catch-all' justification for anything other than actual, valid safety concerns is both insulting and detrimental.
I have attached the company's letter of their intentions (dated March 24, 2010), my immediate response and their e-mail reply stating that they are going ahead with it anyway.
They have also made it clear that they will not be informing the Union whenever they demand our members' private documentation, even though we requested this. This can only be seen as an attempt to avoid us challenging them on it and defending your rights under law.
As you can see, we are aware of the issue and so is our legal department. But we need you to let us know if and when the company requests your personal cellphone documentation. Even though we believe that you will have had your cellphone turned off (as the company requires), we need you to let us know anytime the company requests any of your personal documents. We see the demanding of these personal documents as nothing short of an invasion of your privacy and as such, it is unacceptable.
Though we may challenge this policy simply on principle alone (I will leave that decision up to the lawyers), we will still want to be made aware of every instance where and when your right to privacy is being violated.
Forewarned is forearmed and your right to privacy is protected under law. It is protected for good reason. CP may be your employer but their desire for control over you and your personal life cannot be allowed to ever exceed your right to privacy.
Stay safe, stay strong, stay united,
Bill Brehl
President
TCRCMWED
