Volume 26 | Issue 3 | March 2026 | | GRJ LAW CONFERENCE: WORKPLACE PRIVACY | | |
On Jan. 27, I was privileged to attend the Eleventh Annual GRJ Labour Law Conference. This is always a very interesting day, and this year the presentation that stood out to me most was on workplace privacy. Privacy is becoming a bigger concern in the world today with increased use of AI, electronic surveillance, and even biometric scanning, such as fingerprinting. Use of surveillance for safety purposes may be reasonable, such as an app for checking in when an employee is working alone in a remote location. However, there can be a slippery slope from reasonable safety measures to massive data collection and analysis for purposes other than initially stated. Being aware of your privacy rights in the workplace, especially, can help to determine where issues exist and how to properly address them.
All humans have a reasonable expectation of privacy in their lives, including in the workplace. Recognizing that there are situations in which the employer may want to monitor their employees, the key is balancing the interests of employees and employers to make sure that the rights of the workers are not overruled by the business interests of the employer. To determine whether surveillance is necessary and warranted, the reasonableness of the surveillance can be tested by asking three questions:
1. Does a substantial problem exist?
2. Is there a strong probability that surveillance will solve the problem?
3. Is there another, less intrusive method of solving the problem?
If these questions cannot be definitively answered, then the surveillance may not be merited and can be determined inadmissible in court should the scenario escalate that far. If a breach of privacy is proven in court, then the data can be ordered destroyed. There is also precedent for damages to be awarded to the victim of the breach, both general damages and merited additional damages.
There are several acts of legislation that apply to privacy, but not all of them are applicable in all situations. For example, the Personal Information Protection and Electronic Documents Act (PIPEDA) only applies to employees of federally regulated public sector workplaces. In our workplace, the best place to set out the expectations concerning privacy and surveillance is in the Collective Agreement. As we are currently in a bargaining season, this issue is on the radar of the Bargaining Committee, and they are proposing to introduce specific language concerning the use of surveillance in our workplace into our next CBA.
Overall, the major consideration for determining proper use of surveillance in the workplace is the reasonableness of the surveillance. It is not generally regarded as reasonable to continuously monitor employees for things like performance and attendance where a significant problem has not already been shown to exist. As well, if surveillance exists for one clearly stated purpose, such as safety, the data collected cannot be used for another purpose, such as performance management. If you think your privacy is being breached or if you have more questions about workplace surveillance, reach out to your Shop Steward or Union Executive.
Sheena Rivett, Law Committee member
| ARBITRATION FOR LEADERSHIP | |
From February 23rd to 26th, along with Kurt Haakenson and Wade Schnell, I attended the Arbitration for Leadership course offered by Unifor National. This is the fifth time the four-day course has been offered, and it is the first time it has been offered to locals and not national reps. The purpose of the course was to prepare local grievance committees for arbitration, capped off with a mock arbitration to bring home the many chapters covered.
Grievance arbitration is an independent adjudicative process used to resolve labour issues, in which a neutral third party (an arbitrator) determines disputes related to the interpretation, application, or violation of a collective agreement. The need or use of an arbitrator comes from what is referred to as the “Historic Trade Off” in which labour legislation takes away the right to strike or lockout during the life of a collective agreement and instead puts in place a binding dispute resolution mechanism (a grievance procedure).
Today, arbitration itself is handled mainly by lawyers working with elected union representatives and company designees. What I found most valuable in this course was learning about the Arbitration preparation overview, what comes before the actual arbitration:
1) Determine the facts: speak to witnesses, gather documents
2) Identify the legal issues: consider the type of grievance, conduct initial research
3) Develop a theory of the case: consider what the employer’s theory is as well
4) Research the law: what do you need to prove, what evidence do you need to call
5) Plan your final argument: prepare the outline in advance
6) Gather evidence: request particulars, re-interview witnesses
7) Plan your case in chief: decide what evidence and witnesses to call
Disputes in the workplace leading to grievances are all but guaranteed to happen. As a steward, following the arbitration preparation overview as outlined in the course is the best way to avoid costly arbitrations while resolving grievances in a timely manner. Putting the strongest case forward at step one gives our members and executive the best chance to get a positive resolution.
In Solidarity,
Charles Britttner, Sec IB Shop Steward
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This month, we were lucky to host a meeting of our 594 retirees! We want to make this a regular event and work to involve our retirees more within our local.
Swapping stories and sharing laughs about the good old days. You can take the worker out of the refinery, but never from the union.
Thanks to Abe Meija and Richard Exner for their efforts to get this going.
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Employee & Family Assistance Program
The Employee & Family Assistance Program (EFAP) is through Homewood Health and is available 24/7/365.
Call 1-800-663-1142 or reach out to a trusted confident, friend or co-worker if you aren't feeling like yourself.
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** NEW MEMBERS **
For any new members, or if you know of new members not receiving Union Communications please talk to your Shop Steward or e-mail: info@unifor594.com
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