Employers Cannot Review Video Archives to Spy on Employees

A recent decision from the National Labor Relations Board reminds us that employers must tread carefully when union activity is afoot in their workplaces. An employer violated the National Labor Relations Act when, among other things, it pulled archived video footage at its cite upon becoming aware of the union activity. During its review of the tapes, company management observed two employees passing out union literature in breakrooms, and the company disciplined those employees for doing so.  The employer’s review of archived footage constituted unlawful surveillance of the workers’ union activity. As a reminders, while there are many things a company can do to thwart a union organizing drive, it cannot Threaten, Interrogate, Promise, or Spy (TIPS) on employees.

Matt Austin owns Austin Legal, LLC, a boutique law firm based in Ohio that limits its representation to employers dealing with labor, employment, and OSHA matters. You can reach Matt by calling him at (614) 843-3041 or emailing him at Matt@MattAustinLaborLaw.com.