In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer created an “unlawful impression of surveillance” by viewing camera footage of an employee, even though the employee was not engaged in protected concerted activity. The case, Stern Produce Company, Inc., 372 NLRB No. 74 (2023), highlights for employers the scrutiny the NLRB is placing on their use of such technology.
Background
In 2015, Stern Produce Company’s (Stern Produce) wholesale distribution and delivery facility in Phoenix, Arizona, became the target of a union organizing campaign to obtain representation rights for Stern Produce drivers and warehouse employees. During the campaign, Stern Produce was alleged to have engaged in multiple unfair labor practices, which resulted in the postponement of the representation election. With respect to those alleged unfair labor practices, the NLRB issued a decision in July 2019 concluding that the company had unlawfully interrogated employees and created the impression that the employees’ union activities were under surveillance.
In August 2019, Stern Produce installed a dual camera system in its fleet of delivery trucks that provided an outside view of the street and an inside view of a truck’s cab. The camera system alerted the company in limited circumstances, including when a driver traveled to an...
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