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PUBLIC EMPLOYEES

IMPROPER PRACTICE
DOT’S CELL PHONE BAN OVERTURNED

DOT issued policy banning personal use of cell phones in the field. After DOT became aware of employees using cell phones while operating heavy equipment, it issued a policy banning cell phone use by roadway repair and maintenance employees during all working hours, except authorized breaks. The employees’ union filed an improper practice petition with the Board of Collective Bargaining claiming that DOT violated the collective bargaining law when it unilaterally issued the cell phone policy. DOT countered that the policy simply codified long-standing practice, because DOT had never authorized phone use during work time, and that the City was not required to bargain over measures that related to the efficiency and safety of operations.

The Board granted the union’s petition and ordered DOT to bargain, ruling that the use of cell phones in the field was a working condition and therefore a mandatory subject of bargaining. The Board found that the interests of employees’ ability to be contacted in the event of an emergency outweighed DOT’s interest in ensuring safety and efficiency. The Board found that if an employee misused a cell phone, DOT could bring individual disciplinary charges.

District Council 37 v. DOT, OCB Decision No. B-8-2006, Feb. 28, 2006. CITYADMIN