O/T For you Legal Eagles Out There--Workplace Law
Unionized bat shit cray cray, slothful co-worker that our fairly new boss has decided to crack down on has taken to wearing a go pro/pen type camera around his neck and is constantly doing video footage. He has a persecution complex, is extremely defensive when asked to do ANYTHING, and is paranoid.
This happens on the cusp of said employee going coo coo for cocoa puffs several times on the work premises over the last few months when being called out on his AWOL habits, being caught in shirking work, etc. etc. Now this guy is almost 66 yrs old, however, we have much older workers than he and yet they can get the job done. Oh yeah and he's hopelessly UNskilled--refuses to research anything (LMGTFY.com). Never kept up with technological advances (in IT yet, unreal)
Now this co-worker routinely goes into departments where attorneys work; sensitive info abounds, etc.
This is in NYS. Wondering if there is anything that can force him to disband his video activities?
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If other people are talking
If other people are talking and he is recording them, it is illegal. If he is recording his own conversations, it is legal. Since he is wearing it at all times, I would say it would be illegal the majority of the time:
http://www.dmlp.org/legal-guide/new-york-recording-law
I agree though, the workplace should make a formal policy. I would report to HR it makes you feel uncomfortable and you wish to not be recorded AT ALL ever. Encourage your coworkers to do the same
Unionized? Ugh - check the
Unionized? Ugh - check the collective bargaining agreement.
Maybe all the rest of y'all
Maybe all the rest of y'all should file a union grievance AGAINST him for creating a hostile work environment?
Huge red flag that
Huge red flag that "unionized" is the first word you used, indicates possible discrimination on the basis of union or protected concerted activity. The NY Law appears to allow the conduct so long as he is a party to the conversation or interaction he is taping, i.e. he can't leave the video camera running if he is not in the room. Can't have a new policy on videotaping without negotiating with the Union. Can't file a grievance against a coworker, just management or supervision. Hostile work environment only applies to discrimination on the basis of gender, race, union status etc... If he's ineffective, ok, discipline him, but expect that it will go through the grievance/arbitration procedure or the National Labor Relations Board.
One of the huge downsides to
One of the huge downsides to unions. It enables the inept. This guy has had f bomb tantrums at work, kicking and punching the cubicle walls. He wouldnt last five seconds in a non union position, never mind 15 YEARS!!!
If this is a law office then
If this is a law office then yes, everything in that office is considered confidential and not allowed to leave the premises. That being said, this man is clearly a pro at what he does, and he is working at a legal office. Your boss is probably terrified he will sue for some type of discrimination. Even if he doesn't win he has the potential to make things very difficult for your boss so he might be building a case so he can legitimately fire this guy. You are correct, Unions are tough to beat and if he has anything on his little camera or has been reporting some type of discrimination to HR, he's pretty untouchable.