Rules Governing Use of Cell Phones in the Workplace

This paper discusses issues employers may face surrounding the implementation of work rules regarding the use of cell phones in the workplace.  Under the National Labor Relations Act, rules governing the use of cell phones and other electronic communication devices in the workplace, are “mandatory topics of bargaining.” 

Whether a collective bargaining agreement is an 8(f) or a 9 (a), the employer’s preferable course of action is to afford notice and opportunity to bargain over a proposed cell phone rule.  Employers party to a 9(a) relationship must afford notice and opportunity to bargain before implementing such a rule.

The paper explores other scenarios in which both parties may have waived the right to bargain over cell-phone rules.  Fulfilling any potential bargaining obligation over the adoption of such a rule is just one aspect of this issue. It should also be recognized that the union may assert that the implementation or enforcement of a work rule prohibiting the use of cell phones is also in violation of the labor agreement. Such a claim would be brought under the grievance arbitration procedures of the collective bargaining agreement.

In the absence of contract language clearly allowing the employer to adopt such a rule, the better course of action is to provide the local union with a draft of any contemplated policy prior to implementation, and be willing to engage in open discussions with the union about the contents of the rule.

 Rules Governing Use of Cell Phones in the Workplace